Certificate of light work for health reasons. Transfer of a pregnant employee to light work (Muromtseva N.A.)

Pregnancy is considered the natural state of a woman, therefore it is impossible to completely free a future mother from work. But many were faced with the fact that when carrying a baby it is extremely difficult to even think about their responsibilities. What is the best way to act in such a situation?

Pregnancy and work

It is difficult to say how long the expectant mother thinks about vacation. Any trimester of pregnancy brings its own difficulties to the life of a woman. And first of all, this is reflected in the work.

In the early stages, the expectant mother is worried about nausea, a change in appetite, poor health and constant drowsiness. It can be extremely difficult for her to concentrate on anything, and ordinary smells can cause an attack of vomiting.

In the second trimester, the load on the joints and lower back increases, the baby begins to move actively, swelling may appear.

Late pregnancy is the most unfavorable period for the performance of their professional duties. At this time, the expectant mother is not just physically hard to do her job. As a rule, the closer to childbirth, the more the woman’s thoughts are focused on the upcoming motherhood, and professional interests fade into the background.

However, not only these factors affect the ability of women to work with full dedication. It often happens that her working conditions are harmful to pregnancy.

Harmful working conditions

Even the most common activities during pregnancy can have a negative effect on the body of a future mother and child. Most often, the following types of work are harmful to women:

• Associated with lifting various weights, especially from the floor. It will also be unsafe to lift weights above shoulder level.
• With monotonous labor, especially when the working posture is forced. When carrying a baby, you can not rest against your chest or stomach, squatting or kneeling.
• Associated with radiation or electromagnetic radiation, vibration, high noise levels, exposure to toxic substances.
• In case the expectant mother is forced to constantly strain the muscles of the abdomen and lower extremities.
• Requiring significant psycho-emotional stress.

As a rule, many working specialties fall into the category of harmful, but prolonged sitting at the computer may also not have the best effect on the course of pregnancy, especially with an incorrectly equipped workplace.

Often, expectant mothers need to change working conditions. This is regulated by the Labor Code of the Russian Federation (Labor Code of the Russian Federation) and is defined as the right to easy labor. It involves transferring to another place of work or improving conditions.

Labor Code of the Russian Federation

The law and the Labor Code of the Russian Federation protect the rights of women in bearing a child. They are spelled out in 254 and 93 articles. Since not all employers are happy to meet expectant mothers, it is necessary to know their legal capabilities well and use them freely.

According to article 254 of the Labor Code of the Russian Federation, women in the situation are entitled to the following changes in labor activity:

1. Decreased production or maintenance rates.
2. Transfer to another place of work, where the influence of harmful factors is excluded.
3. Maintaining average pay for professional activities, regardless of changing conditions.

Article 93 of the Labor Code gives the employee the right to work according to a special schedule. According to the statement of the future mother, the employer is obliged to provide her with the opportunity to work part-time, as well as part-time work. Moreover, such professional activities are paid on average.

This is what is included in the general concept of “easy labor”. However, the Labor Code of the Russian Federation does not decipher this term in more detail, and therefore disagreements may arise between the employer and the pregnant woman. And in such a situation, a document called SanPiN comes to her aid.

This is a documentary code of sanitary rules and norms. It is he who specifically determines what working conditions are harmful for the expectant mother, and how to organize light work for her. In addition, there are hygienic recommendations for the employment of pregnant women, which can also clarify this issue.

Light work

Transferring an employee to easy labor during pregnancy is an opportunity to continue professional activities without harming the health and risk for the baby. There are general conditions that an employer must comply with for pregnant women. Expectant mothers have the right:

• Abandon night work.
• Do not travel on business trips.
• Do not work overtime, on weekends or holidays.

However, if a woman wishes, these types of work can be provided to her.

Also, for a future mother, it is possible to reduce the rate of production or service to 40%, which does not affect her earnings. It is saved in average size.

During the period of bearing a child, work related to:

1. Exposure to viruses, bacteria and fungi, protozoa.
2. Staying in a draft, in conditions of increased windiness and humidity.
3. Infrared radiation. The temperature of the working surfaces cannot exceed 35 °.
4. Significant fluctuations in barometric pressure. Under such conditions, pilots, flight attendants, and pressure chamber personnel work.
5. Lack of natural light.

Special requirements apply to the workplace. The chair for a woman in position should have an adjustable back and seat, rotate. A cutout is required in the countertop. A footrest is also highly desirable.

The transfer of the employee to light work is carried out at her request, to which is attached a medical document from the LCD.

Medical certificate

The certificate from the antenatal clinic is a medical report from the attending obstetrician-gynecologist. It indicates the fact of pregnancy, the need to transfer a woman to light work and recommendations regarding light work. As a rule, the doctor indicates only general recommendations, and the employer selects a new employee for the employee in accordance with existing vacancies.

A medical certificate must be issued by a gynecologist at the request of the pregnant woman, regardless of the term, as soon as the fact of bearing a child is confirmed. Usually this is a document of a standard form, which is certified by the seals of the attending physician and the head of the women's consultation.

The law guarantees the expectant mother the possibility of transferring to light work. And if in a medical institution she is denied a certificate, citing it early or for other reasons, she has the right to appeal such a decision.

Usually, a statement addressed to the head of the antenatal clinic asking for clarification of the situation or even oral treatment is sufficient. Since the transfer to easy work is the unconditional right of the expectant mother, there are no problems in resolving the conflict.

Having received the conclusion of a gynecologist, a pregnant woman writes a statement of a standard form addressed to the employer with a request to transfer her to light work and attaches an opinion to it from the antenatal clinic.

Until the transfer, the expectant mother can refuse to work related to harmful conditions, while, according to the law, she retains an average wage.

Other benefits

In addition to lightweight work, by law, a pregnant woman can attach another leave to the sick leave for pregnancy and childbirth. It is also important that the leave should be granted regardless of how much time she actually worked in this institution. For this, it is also necessary to submit an application addressed to the head and attach a medical certificate.

If the employer refuses the employee to transfer to light work, citing the lack of occupational hazards in the workplace, she can contact the labor dispute inspection to resolve the conflict. The law will always be on its side.

It should also be remembered that dismissal during the period of bearing a child is allowed only at the woman’s own request. A guarantee of her protection in this situation will be a certificate from the antenatal clinic confirming pregnancy.

The law and the Labor Code of the Russian Federation provide an expectant mother the opportunity to work without harm to her own health and development of the child. Moreover, in all cases, average earnings are retained. It is only important to know your rights in relation to the transfer to easy work and not to go on about unprincipled employers.

Please explain the following employee works as a security guard after three days. From May 30, 2015 to July 17, 2015, he was on a sick leave at first in a hospital, then, as it turned out, had a heart attack at home. 07/17/2015, he was closed sick leave, was discharged. In the sick leave are the signatures of the doctor and the chairman of the VK. Disability to the employee has not been established. Along with the sick leave, he presented an ordinary certificate from a therapist and only the therapist’s signature is that he is contraindicated in night work and should not be lifted. How to be in this situation, I can’t figure out what kind of conclusion it is, the certificate form is not indicated, the signature of the therapist only, just an ordinary certificate, I can’t transfer him to light work on the basis of an ordinary certificate or make a dismissal for medical reasons. Explain what to do and how documents should be drawn up by a medical institution and what I should do. While he wrote a statement on annual leave. thanks

Answer

The answer to the question:

Having examined your question, you can say the following, the basis for transferring to another job or light work is a medical report.

A medical report can be presented in several forms:

1. The conclusion of the attending physician or medical commission. It is issued in accordance with the Federal Law of November 21, 2011 N 323-ФЗ (as amended on June 25, 2012) "On the Basics of Protecting the Health of Citizens in the Russian Federation".

2. When an employee is recognized as disabled, an ITU certificate and an individual rehabilitation program for the disabled, issued by the bureau of medical and social expertise.

3. Rehabilitation program for the injured in an industrial accident and occupational disease.

4. The conclusion of the medical institution conducting the mandatory medical examination of the employee, which is issued in the manner determined by Order of the Ministry of Health and Social Development of the Russian Federation of 12.04.2011 N 302n "On approval of the lists of harmful and (or) dangerous production factors and work, during which mandatory preliminary and periodic medical examinations (examinations), and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in hard work and work with harmful and (or) dangerous working conditions. "

5. A medical certificate issued in accordance with the order of the Ministry of Health and Social Development of Russia dated 02.05.2012 N 441n "On approval of the Procedure for issuing medical organizations certificates and medical reports" on the basis of a medical examination of a citizen, including a commission.

Thus, the opinion of the attending physician, if properly executed, is the basis for transferring to work that is not contraindicated in the medical opinion, or, in the absence of appropriate vacancies, for dismissal under paragraph 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Sample samples of the notice of the offer, of the lack of vacant posts corresponding to the medical certificate and the order of dismissal, entries in the workbook are given below in the System materials.

An employer, having received documentary information (a medical report) that an employee cannot be engaged in his previous work due to health reasons, must remove him from work (para. 5, part 1, article 76, para. 12, part 2, article 212 of the Labor Code of the Russian Federation )

Contraindications can be identified as a result of a medical examination performed by an employee both due to legal requirements or on his own initiative, and when he undergoes other medical procedures.

An employee who is unable to perform his previous job due to health reasons offer a transfer to a position that is not contraindicated for health reasons.

Dismissal on the indicated grounds is aimed at protecting the employee’s health and is not considered a violation of his rights. The employer needs to have documents proving the availability of relevant vacant jobs (positions) or their absence. Upon dismissal on this basis, the employee is paid severance pay in the amount of two-week earnings.

• If the period during which the employee cannot perform his work is more than four months, and there are no vacancies or the consent of the employee to transfer, then the employer should arrange for the dismissal of such an employee in accordance with paragraph 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.
• If an employee agrees to a transfer, then upon transferring such an employee to another lower-paid job, the given employer shall retain his previous average earnings for one month from the date of transfer, and upon transfer due to work injury, professional illness or other health damage associated with with work - until a permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation).

If the period during which the employee cannot complete the work is less than 4 months, then the employee needs to offer a transfer, and if he refuses to transfer, remove the contraindication from work for the entire duration of the action. For the period of such removal, wages are not charged.

If, if there are grounds for a temporary transfer of up to 4 months, the employee gives his consent to the temporary transfer, then within 1 month he needs to keep the average salary in the amount not less than that which was before the transfer.

If, in accordance with the medical report, the employee needs temporary transfer to another job for a period of more than four months or permanent transfer, and there are no vacancies or the employee’s consent to the transfer, then the employer should issue the dismissal of such an employee in accordance with paragraph 8 of part 1 of Article 77 Labor Code of the Russian Federation.

Dismissal on the indicated grounds is aimed at protecting the employee’s health and is not considered a violation of his rights. The employer needs to have documents proving the availability of relevant vacant jobs (positions) or their absence. Upon dismissal on this basis, the employee is paid severance pay in the amount of two-week earnings.

If it is not possible to establish the period of validity of contraindications from the medical report for the performance of the previous work, then it is necessary to send a request to the medical institution that issued the report with a request to clarify the duration of such contraindications

Such a request can be sent to honey. the institution and the employer himself,  but it’s easier to contact the employee and explain to him,that the conclusion should be supplemented by the duration of contraindications for work in the previous conditions.

If the employee is subject to periodic medical examinations, then before vacation it can be sent to such honey. inspection. If the vacation is already granted, then you can send after the vacation. According to the results of this honey. inspection, you will decide on further legal relations with the employee.

Offer vacancies and applyif possible, the transfer is possible both immediately after the end of the vacation, and during the vacation period, if there is a connection with the employee.

Details in the materials of the System Personnel:

1. Answer:In what cases is an organization required to transfer an employee to another job?

In some cases, the administration of the organization is required to transfer the employee to another job. For example, in the case when the employee cannot perform the previous work in accordance with the medical certificate. With the consent of the employee, the administration must transfer him to another job that is not contraindicated for health reasons. * A proposal with a list of the vacant posts available in the organization can be executed at free form  . These positions must comply with the restrictions on work reflected in the medical report of the employee and be suitable for health reasons. On the offer, the employee must give his consent in writing to the transfer or refuse it. It follows from part 1

If the employee agrees to the transfer, draw up in general order an additional agreement to the employment contract, an order for form number T-5  and make the appropriate entries in the workbook and personal card of the employee form number T-2  (Rules approved decree of the Government of the Russian Federation of April 16, 2003 No. 225 , directions  approved resolution of the Goskomstat of Russia dated January 5, 2004 No. 1).

When transferring an employee for medical reasons, a new job can be either higher paid or lower paid. If an employee is transferred to a lower-paid job, then within a month from the day of the transfer, he needs to keep his average earnings from his previous job. If the transfer is connected with the fact that the employee received a mutilation or an occupational disease, then the average earnings are kept for him until the employee recovers or the doctors determine his disability. This procedure is established in the Labor Code of the Russian Federation.

A situation may arise when an employee who, for medical reasons, needs a temporary transfer, refuses him or there are no suitable vacancies in the organization. Then the organization’s actions depend on the period for which, in accordance with the medical opinion of the employee, it is necessary to transfer to another job. If an employee needs a temporary transfer for a period of up to four months, then remove him from work for the entire period specified in the medical certificate. In this case, the employee needs to save his place of work (position). Do not accrue salaries or other social benefits for this period, unless otherwise provided by the labor (collective) contract or legislation (for example,). This is stated in part 2  Article 73 of the Labor Code of the Russian Federation.

If an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if you refuse a vacancy (there are no vacancies in the organization), you need to dismiss him ( h. 3 tbsp. 73 Labor Code of the Russian Federation) The reason for dismissal is point 8  Part 1 of Article 77 of the Labor Code of the Russian Federation. Dismissal on the indicated grounds is aimed at protecting the employee’s health and is not considered a violation of his rights ( determination of the Constitutional Court of the Russian Federation of July 14, 2011 No. 887-O-O).

A special procedure for dismissal in the event of a refusal of a vacancy (absence of vacancies in the organization) when transferred for medical reasons is provided for managers, their deputies and chief accountants in part 4  Article 73 of the Labor Code of the Russian Federation. Even if the term of the transfer is less than four months, the organization has the right to dismiss such employees paragraph 8  Part 1 of Article 77 of the Labor Code of the Russian Federation. However, with the written consent of the employee, the employment contract with him can not be terminated, but removed from work for a period determined by agreement of the parties. Do not accrue salaries or other social benefits for this period, unless otherwise provided by the labor (collective) contract or legislation (for example,).

Ivan Shklovets

deputy Head of the Federal Service for Labor and Employment

The form

Proposal to transfer to another job in accordance with the medical certificate

OFFER of transfer to another job

In accordance with the medical certificate

moscow 08/18/2010

List of current vacancies in Alpha   and not

Contraindicated for health reasons. We suggest you take one of them according to your

To the choice.

For your consent or disagreement, please make a note in the corresponding column of this

Suggestions.

List of vacant posts as of 18.08.201 0

Director A.V. Lviv

Proposal to transfer to another job in accordance with the medical report to me

Presented

08/18/2010 Yu.I. Wheels

Notification Sample

NOTIFICATION

On the lack of vacant posts corresponding

medical report

The conclusion of medical and social examination No. 4281916 of September 10, 2012 established a second group of disability for you. In accordance with the Individual Program for the Rehabilitation of a Disabled Person, card No. 1611 to the certificate of examination No. 1682 dated 09/10/2012, you were contraindicated in work with severe psycho-emotional stress, heavy physical labor, work whose sudden termination is dangerous for others, lifting and carrying heavy loads , work at height and in extreme conditions. These recommendations are contraindications to work by the bus driver. In this regard, we inform you that there are no vacant positions on September 10, 2012 at Passenger Transportation LLC that correspond to these recommendations.

We inform you that due to the lack of vacant positions, the employment contract with you will be terminated in accordance with paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation.

Unified Form No. T-8

Approved by resolution of the State Statistics Committee of the Russian Federation

(disposition)
on termination (termination) of an employment contract with an employee (dismissal)

the employer's lack of other work required in accordance with a medical certificate,

Motivated Opinion

trade union body in writing

Labor book (fragment). Execution of dismissal if the employer does not have a job corresponding to the medical certificate issued to the employee

Approved by

Decree of the Government of the Russian Federation

EMPLOYMENT HISTORY

Job Details

With respect and a wish for comfortable work, Ekaterina Zaitseva,

expert System Personnel

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Some categories of workers are entitled to transfer to easier work in connection with the state of their health. The basis for the transfer is a medical report that was submitted to the organization. This is a certificate for easy work.

There are a number of rules for processing a transfer of an employee to an easier job for medical reasons. However, legislative acts do not have a specific definition of light labor. This concept implies the possibility of transferring an employee to some other job with more comfortable conditions for fulfilling his professional duties due to a medical report.

Grounds for translation

There can be various reasons for the transfer: pregnancy (a certificate is issued for easy labor during pregnancy), caring for a child up to one and a half years old, work-related injury, serious illness or surgery. If the employer refuses to transfer the employee, this will be considered a violation of the law.

If an employee needs a transfer to easier work (a certificate of easy work due to health reasons will confirm this), then he is not able to perform professional duties without taking actions that are contraindicated to him.

Translation procedure

The transfer procedure is carried out with the consent of the employee in writing in accordance with Article 73 of the Labor Code. This opportunity is especially relevant for representatives of working professions, drivers and workshop specialists and others.

Article 73 of the Labor Code of the Russian Federation on the transfer of an employee to another job in connection with the conclusion of physicians

An employee who needs to switch to an easier job in connection with honey. conclusion - a certificate of light work issued in the manner established by federal law and other regulatory legal acts of Russia, with written consent of the employer, must be transferred to other work that is available to him, which is not contraindicated for the employee due to his state of health.

Several forms of providing a medical opinion are possible:

• The opinion of the medical commission or attending physician issued in accordance with Federal Law No. 323-F3 of November 21, 2011, which deals with the protection of the health of Russian citizens.
• An ITU certificate and an individually developed program for the rehabilitation of a disabled person, which is issued at the bureau of medical and medical examination if the employee is recognized as disabled.
• Rehabilitation program for an employee who suffered from an industrial accident and occupational disease.
• The conclusion of the institution of medical and prophylactic profile, which conducts a medical examination of the employee on a mandatory basis, which is defined in Order of the Ministry of Health and Social Development of Russia No. 302n dated 04/12/2011, approving the list of dangerous and harmful work and production factors, the implementation of which requires mandatory periodic and preliminary medical examinations and the Procedure for periodic and preliminary mandatory medical examinations of employees who are engaged in heavy or hazardous and (or) hazardous working conditions.
• Honey. conclusion issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated 2.05.2012, approving the Procedure for issuing medical reports and certificates by a medical organization after examining a citizen, including a commission.

Thus, this article determines what kind of certificate for easy work is issued to this or that employee.

Grounds for suspension

It can be said that a properly executed opinion issued by the attending physician may serve as the basis for transferring to work that is not contraindicated for the employee, or may become the reason for dismissal, in accordance with clause 8 para. 77 of the Labor Code of the Russian Federation in the absence of an appropriate vacancy.

In the event that an employee who, according to a medical certificate, needs to be transferred for another time (up to 4 months) to another job, refuses such transfer, or the employer cannot provide the corresponding job, he is obliged to remove the employee for the entire period specified in the certificate for easy labor, while maintaining his position and place of work. If the employee is removed, he is not charged salary.

The exception is cases provided for by this Code, other federal laws, labor contracts, agreements, and collective bargaining agreements.

Cases of switching to another job exceeding 4 months

In the case when an employee, in the presence of a certificate of transfer to easy work, needs to switch to another job for a period exceeding 4 months or permanent, then in case of refusal of such a transfer or in the absence of a suitable vacancy for the employer, the employment contract is terminated, according to paragraph 8 of 1 tbsp. 77 of the Code.

With the heads of enterprises or organizations, representative offices, branches, with chief accountants and deputy leaders, the employment contract is also terminated in case of refusal of such a transfer, or if there is no suitable work, in accordance with clause 8, part 1 of Art. 77 of the Code. The employer also has the right, with the written consent of the employee, to remove him from work for the period specified in the agreement of the parties. Salary in such a period of suspension is not accrued to the employee. Exceptions are cases provided for by this Code, other federal laws, labor contracts, agreements, and collective bargaining agreements. Medical workers have a sample certificate of easy work.

When translated for medical reasons

An employee is transferred according to a medical certificate in cases where he is not able to perform professional duties at his workplace for the reasons listed below:

• industrial injuries or injuries;
• pregnancy;
• injuries or injuries;
• disability;
• the presence of diseases;
• transferred operations.

For example, a production employee who has undergone back surgery has the right to demand a change of duty if he has a certificate of easy work for health reasons in order to exclude a negative effect on his back. A person who injured his hand can also be transferred to another type of activity, which allows not to use the damaged limb, and so on.

Maternity Light Help

Most often translated for medical reasons pregnant women. There is a special set of rules that is aimed at determining the professional conditions acceptable for this category of employees, namely the hygienic recommendations for the rational employment of pregnant women.

A woman can be transferred if the following adverse conditions exist in her place:

• night shift, overtime and more;
• bad light;
• frequent trips on business trips, which during pregnancy can only be with the consent of the employee;
• aerosol spraying;
• emotional and nervous tension;
• vibration
• physical stress: sitting in an uncomfortable position, carrying heavy loads, a long stay in a standing position, and so on.

Involving people with disabilities

People with disabilities can be involved in work on weekends and holidays, overtime work only by their consent, and if there is no harm to their health. In particular, this category of workers is entitled to receive annual paid leave for at least 30 days or at their own expense for at least 60 days.

What documents do I need to provide for translation?

For an employee to be transferred to easier work, he needs to draw up the following documents:

• Honey. the conclusion that the employee provides, and it confirms his right to switch to easy work, for example, pregnant women provide a certificate from a gynecologist with a specified period.
• A statement by the employee in which he agrees in writing to the transfer. Add. agreement to the contract indicating the duration and new conditions for the performance of duties.
• Order for the translation of a unified form.
• Record in a personal card and work book.

Rules for registration

How is the employee transferred to light work? During the execution of the translation, it is important to take into account some points fixed by law that determine how long a certificate for easy work is issued:

• During the entire period until the head decides on the transfer of the employee to light work in connection with honey. conclusion, the latter retain his average earnings. Also, a person may not perform the previous work in full if they are contraindicated for him due to his state of health.
• If we are talking about a pregnant woman, then her transfer must be completed before the end of the pregnancy period. For the entire period, she retains her average earnings, which she received in the previous place.
• If it is necessary to transfer to light work due to industrial injury or the development of an occupational disease, the average earnings of an employee shall be maintained until his recovery or determination of the loss of prof. legal capacity.
• When an employee needs to switch to light work for a period of up to 4 months, while the person refuses the options that are offered to him, or the employer cannot offer options for transfer, the employment contract is terminated. In this case, the employee is paid severance pay, which is equal to his average earnings for 2 weeks.
• When an employee needs to switch to light work for a period of more than 4 months, while the person refuses the options that he is offered, or the employer cannot offer options for transfer, the employment contract is terminated. In this case, the employee is paid severance pay, which is equal to his average earnings for 2 weeks.
• After the expiration of the period of transfer to easy labor, which is specified in add. agreement to the contract, the employee returns to his former place of work.
• If the period specified in the supplementary agreement has expired, and the employee remains in the place where he was transferred and does not mind, then the period specified in add. agreement expires, and the employee remains in a new place on an ongoing basis.

Conclusion

So, we can conclude that in the presence of a medical certificate, some categories of employees can be transferred to easy labor. To carry out such a transfer, you need to draw up documents and comply with the conditions established by law.

If you are constantly feeling unwell, which interferes with normal work, then it may be worth seeing a doctor.

What is a certificate for easy work, we examined.

Modern women often do not inform their employers about pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child. It says that a woman is entitled to light pregnancy work, the Labor Code. How long can I request a transfer? Will it change What to do if the employer cannot create the necessary conditions for easy work?

Labor Code of the Russian Federation: pregnancy, easy labor

The labor legislation does not contain a definition of the term “light work”. However, it obliges all employers, if the employee has a certificate with a medical certificate, to reduce the rate of production specifically for her or arrange a transfer to the appropriate position in order to exclude the influence of harmful production factors. Light labor means professional activity in which the employee spends less physical strength and is not exposed to the harmful effects of the environment.

The following categories of work are strictly prohibited for pregnant women:

• lifting various objects from the floor or above shoulder level,
• weight lifting
• conveyor production
• neuro-emotional stress,
• interaction with pathogens of various infections, diseases, harmful substances, infrared and UV radiation, radiation, vibration,
• labor under pressure drops.

The reason for the transfer to more work is a medical report from the attending physician. Without it, the employer is not entitled to change working conditions.

Rights and obligations

So, women are entitled to easy work during pregnancy. The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother.

The main duty of the employer is the timely transfer of the employee to light work. If the management of the enterprise does not immediately be able to provide the employee with adequate ones and it takes some time, the woman is temporarily relieved of work. However, the employer must pay her all days of absence from the workplace.

A woman has the right to take annually paid leave. Here, the length of service does not matter. This leave can be granted both before maternity leave and after it.

Another obligation is placed on the employer by the Labor Code. Easy work during pregnancy requires compliance with sanitary requirements. The employer has no right to dismiss a pregnant woman on her own initiative. However, if the contract has expired, at the request of the employee, it can be extended.

Conditions

Since the Labor Code regulates light labor during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which the pregnant woman works should be fairly light, dry, without drafts. Labor, as mentioned above, should not be accompanied by psycho-emotional stress. It is also forbidden to constantly be in one position, sit, walk all the time, stand bent, squat or kneel.

Expectant mother can lift loads weighing no more than 2.5 kg and no more than 2 times per hour. If in production conditions this needs to be done more often, the norm drops to 1.25 kg, and in an hour you can lift no more than 6 kg. The weight of goods during the entire shift should not exceed 48 kg.

What rules does the Labor Code still establish? Easy work during pregnancy involves a decrease in production rates by 40%. If a woman is engaged in agriculture, she is completely exempted from these jobs. If the work is done in the office, a woman can work at a computer no more than 3 hours a day. Under the feet should be special stands, and on the chair - head restraints, armrests, seat height adjustment.

Features of light work

Here are the main features of light labor during pregnancy:

1. Transfer to easy work is possible only on condition that the opinion of the attending physician is provided.
2. A woman has the right to refuse to work at a computer.
3. Does not set a time frame for easy pregnancy work. Labor Code. How many hours can a pregnant employee work? At the request of a woman, she can be transferred to a shorter working week. Labor is paid in accordance with the time worked, which does not affect the duration of the holidays.
4. If the employer cannot provide adequate working conditions, the woman receives payment for absenteeism.
5. A full vacation is provided without taking into account seniority.
6. The expectant mother may refuse to work at night, business trips, overtime, as well as from work on weekends and holidays.

Migration to Easy Labor: The Labor Code

According to the first part, employers must reduce the production standards for pregnant employees or transfer them to easy labor while maintaining their previous earnings.

The transfer will require not only a medical report, but also the preparation of an additional agreement to the contract with the employer.

Correct execution of the translation

If you rely on the Labor Code, easy pregnancy work is executed only with the consent of the employer and employee. The document is in writing. The employer introduces the employee with a proposal for transfer under her signature. Upon receipt of consent to transfer to another position, a separate application is written.

Translation offer

The signing of a job offer leads to the fact that not only the duties and working conditions of the employee are changed, but also the amount of earnings. According to article 254 of the Labor Code, its minimum size should be equal to average earnings. Monthly, while an employee is transferred to easy labor, accounting compares wages.

After signing the job offer, an appropriate order is issued. The employee must be acquainted with the signature not only with him, but also with the job description and other regulatory documents. An entry in the work book is not required if the translation is temporary.

Income tax and insurance premiums

Monthly deducted from the salary of a pregnant employee:

• income tax,
• insurance premiums.

At the same time, all insurance premiums are accrued for all payments.

Salary

Sets the size of wages for light labor during pregnancy. Labor Code. The payment for a pregnant employee is calculated on the basis of Decree 922 of the Government of the Russian Federation of December 24, 2007. Its size is set in accordance with the actually accrued wages and hours worked for the last 12 months that preceded the moment of signing the agreement. The basis is the average daily salary, which is calculated by dividing the entire amount paid by the number of days to go to work. The average salary is determined by multiplying the daily rate by the number of days worked.

A medical certificate is issued at the antenatal clinic. You need to understand that it is not necessary to agree with the employer on changing working conditions, since this step is his direct responsibility. If the management of the organization claims that there is no easy work for the employee, and suggests writing a letter of resignation on her initiative, such actions are considered unlawful. In accordance with the Labor Code, the employer, if it is not possible to ensure the proper conditions, is obliged to pay the employee forced absenteeism. In case of refusal to provide light labor and the mentioned payments, the rights of the employee may be defended in court.

Summary

To find an employer who would be delighted with the “interesting situation” of its employees has always been difficult at all times, especially when it comes to a private trader. However, there is a Labor Code. Easy pregnancy work, according to this regulatory document, has earned every expectant mother. And although employers are not always thirsty and ready to provide comfortable working conditions, they are obliged to do this or must pay days of forced leave to an employee. The basis for the transfer is the doctor’s opinion.

Easy work for health reasons Some workers may, on legal grounds, be transferred to light work for health reasons.

For this, you must provide a medical certificate.

Although there are no definitions of light labor in the law, the employer does not have the right to refuse such benefits, since this is a direct violation of the law.

Reasons for the transition:

The reasons may be different: pregnancy (presence of a child under 1.5 years of age), injury / injury at work, illness or surgery.

The transition procedure is carried out only with the written consent of the worker.

Most of all, pregnant women switch to light work, this most often happens.

The basis for changing the work profile may be poor working conditions:

• Poor lighting.
• Work with spray aerosols.
• Work associated with physical stress.
• The presence of nervous tension and stress.
• Multiple business trips. A pregnant woman is allowed to be sent only with her consent.
• Perform duties overtime or at night.

People with a disability can be involved in overtime work on holidays and on weekends only if they give their consent, provided that it does not cause damage to health.

Package of documents.

In order to switch to easy work, you need to draw up a number of documents:

1. Honey. help.
2. A written appeal with his consent.
3. An additional contract to the labor agreement, which indicates the new conditions and terms of the transition.
4. Order of passage.
5. Record in the work book and in your own card.

Rules for registration:

In the transition to easy labor, there are a number of important points:

Easy labor transfer

At the time the issue of translation is being decided, by honey. In conclusion, the worker is paid on average.

Also, the transferred employee has the right not to fulfill obligations that were previously imposed on him.

Regarding the issue of transferring a pregnant woman, a change of activity will take place until the gestation period ends. She will also retain the average salary.

If an employee is transferred to a position with a lower salary (according to a medical certificate), then he retains an average salary for one month.

When the basis for the transfer to easy labor was an industrial injury, or prof. disease, then the average salary is retained until a certain loss of professional suitability is determined, or until he recovers.

If the activity is replaced for a period of up to four months, while the employee is not suitable for the options or they are not there, then he remains in the position without a salary until he returns to the workplace.

If the activity is replaced for a period of four months, and while the employee is not suitable for the options or there are none, then the employment contract is terminated with him. Upon dismissal, he has the right to receive severance pay equal to two weeks of average salary.

After the period of stay on light work expires, the employee returns to his previous obligations.

As you can see, the medical report makes it possible to switch to light work.

Sample:

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