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The Prohibition Was Imposed on Termination of the Employment Agreement Initiated by an Employer with the Fathers of Large Families Who Are Sole Income Earners

05.12.2012

The Labor Code of the Russian Federation establishes guarantees for persons with family responsibilities in case of termination of the employment contract. Thus there is a prohibition on termination of the employment contract by the employer with mothers of children under the age of three and other women bringing up motherless children of the same age.

In December 2011 The Constitutional Court of the Russian Federation recognized this provision of the Labor Code as notcorresponding to the Constitution of the Russian Federation. This is due to the fact, that prohibiting termination of the employment contract on the initiative of the employer with mothers of children under the age of three and other women bringing up motherless children of the same age deprives of their rights the fathers who are sole income earners in large families with minor children, including children under 3 years old, with unemployed mothers caring for the children.

In this connection on November 12, 2012 the Federal Law "On introducing Amendments to Article 261 of the Labor Code of the Russian Federation" was passed. The law prohibits termination of the employment agreement by an employer with the fathers who are sole income earners in large families with minor children, in case mothers in these families are unemployed and care for children. 


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