Easy work for pregnant women law. Sample application from a pregnant employee to transfer her to another job. Reasons for transfer

Hi girls.

I work at Alfa-Bank, I sit at the computer all 8 hours, which according to the law is a harmful factor. It would seem somewhere, but here they must know the law and respect it. I come again to the same person (V.V. Osipov). I'm giving you a certificate. He shakes his head and says he won't accept her. He does not need a certificate, but a medical report with the assistance of a medical professional. commissions. They must examine me, render a verdict, draw up a conclusion... and this is what he demands. In front of me, he called my residential complex and shouted at the head. doctor, saying that she did not understand the laws. And he began to insist on his own. As a result, I was signed up for medical treatment at the residential complex. commission, which will take place in the middle of nowhere in a week...

I was shocked. I came home and began to study the article to which this guy referred: Art. 254 Labor Code of the Russian Federation. It states that in order to transfer a pregnant woman to easy work with preservation wages A medical report is indeed necessary, but it is not necessary to assemble a medical commission to obtain it. It is enough for it to be signed by the doctors who examine the pregnant woman in the residential complex. I didn’t even consider the option of saving my salary. Because I wanted to shorten my working hours, and not switch to light work. Did I really want something impossible?

I turned to my dad, I was already all on edge and upset. He is my lawyer. Dad said that, of course, this guy is wrong. That there is Art. 93 of the Labor Code of the Russian Federation, according to which, when a pregnant woman provides a regular certificate from the Housing Code and an application in free form, she must be transferred to easier work or the working day/week must be reduced.

The next day at my job, I went to the HR department again. I explained everything to that man, he shouted at me and said that he was only waiting for a medical report. I asked him to write a written refusal to accept my application. As a result, he wrote that I should bring my certificate, he (so be it) will accept it.

On the same day, they called me from my residential complex (I am being observed for a fee at Euromed, I think I should thank the head doctor Kulyn for the medical report) and said that I did not need to come for medical care. commission, they have already compiled my honey. a conclusion that I can take away. I was very happy with this unexpected result. Afterwards, I brought the application and the medical information I received to the HR department. conclusion. The uncle's dissatisfaction knew no bounds. But he still took all the documents from me and promised to transfer them to the personnel department.

So now I'm waiting for my work schedule to be officially confirmed. And I wish you to avoid the problems that I came across)

For pregnant women, the law provides additional guarantees and benefits. In particular, if an employee becomes pregnant, upon application, production standards, service standards must be reduced, or she must be transferred to another job that excludes exposure to adverse production factors. In what cases does a pregnant employee have the right to demand a transfer to light work?

The need to transfer a pregnant employee

The need for pregnant women to reduce production standards, service standards or transfer to another job that excludes exposure to adverse production factors is determined by a medical report (Part 1 of Article 254 of the Labor Code of the Russian Federation).

The “Hygienic Recommendations for the Rational Employment of Pregnant Women” (approved by the State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation and the Ministry of Health of the Russian Federation on December 21, 23, 1993) help identify professions that require the transfer of pregnant workers to easier work. Additional requirements, restrictions and prohibitions regarding the work of pregnant women are provided for in section 4 of the Sanitary Rules and Standards “ Hygienic requirements to the working conditions of women" SanPiN 2.2.0.555-96, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of October 28, 1996 No. 32. The organization of the labor process in the workplace of pregnant women must comply with them.

Load limits for pregnant workers

Thus, pregnant women should not perform production operations associated with lifting objects of labor above the level of the shoulder girdle, lifting objects of labor from the floor, the predominance of static tension in the muscles of the legs and abdominals, forced working posture (squatting, kneeling, bending, resting on the stomach and chest into equipment and work objects), body tilt more than 15°. For pregnant women, work on equipment that uses a foot control pedal, on a conveyor belt with a forced rhythm of work, accompanied by nervous and emotional stress, should be excluded.

Permissible values have been established physical activity for pregnant women.

Note: the weight of the lifted and moved cargo includes the weight of containers and packaging.

The working posture of a pregnant employee should be free. Walking per shift is limited to two kilometers. For pregnant women, activities associated with wet clothes and shoes, and work in a draft are excluded. They are prohibited from working in conditions sharp changes barometric pressure (flight crew, flight attendants, pressure chamber personnel, etc.). Pregnant women are not allowed to work in windowless or lightless rooms, i.e. without proper lighting. The temperature of heated surfaces of equipment and fences in the work area should not exceed 35°C. For pregnant women working with personal electronic computers, the time they work with a PC is limited - no more than 3 hours per work shift (Section XIII of the Hygienic Requirements for Personal Electronic Computers and Organization of Work. SanPin 2.2.2/2.4.1340-03 , approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 No. 118).

Grounds for transfer to light work

If a woman’s work is associated with exposure to unfavorable production factors, we advise her to inform her doctor about this. In this case, he issues her a medical report in which he recommends transferring to light work.

Only if there is a medical certificate, a pregnant woman has the right to demand a reduction in production standards, service standards, or transfer to another job. The woman should bring this medical report to the employer and write a statement asking for light work. This transfer is temporary - until the end of pregnancy. During the transfer, the employee retains her average earnings at her previous job.

Sample application from a pregnant employee to transfer her to another job

to CEO
Voskhod LLC
Gubanov N.I.
from the printing shop operator
Zakharova L.N.

I request that you transfer me to another job that excludes exposure to adverse production factors, in accordance with a medical report.

Appendix: Help from antenatal clinic No. 32 dated November 25, 2011

November 26, 2011 signature L.N. Zakharova

From the moment indicated in the medical report until the issue of providing light woman work, she is released from work while maintaining the average earnings for all missed working days at the employer’s expense. If there is no such work, then her release can last with the same pay until maternity leave.

Registration of transfer to light work

After the employee is selected suitable job, an additional agreement to the employment contract is concluded with her. Based on the additional agreement, an order is issued to transfer the employee to another job. A temporary transfer of a pregnant woman to another job is not noted in the work book, since it only contains information about the transfer to another permanent job.

Works for which pregnant women are prohibited

In addition, pregnant women should not be required to work overtime, evening work, weekends or non-working hours. holidays, they are not allowed to be sent on business trips.

Responsibility for violation of the law

If the employer does not comply with the guarantees and benefits provided by law, the employee should file a complaint with the State Labor Inspectorate. If violations are detected, the labor inspectorate will bring the employer to administrative liability. The fine will be from 30,000 to 50,000 rubles for organizations, and from 1,000 to 5,000 rubles for officials. Instead of a fine, a sanction in the form of administrative suspension of activities for up to 90 days may be applied. For a similar offense committed repeatedly, executive may be disqualified for a period of one to three years.

Light labor during pregnancy: from when?

In the Russian Federation, the state has developed a whole series of laws to ensure the safety of life and health for pregnant women. For expectant mothers, preferential, easy work at the place of work is provided, which helps protect her health and creates the correct prenatal development of the child.

According to such prerogatives, a woman who is preparing to become a mother has the right to light work, and subsequently she is legally guaranteed monetary compensation and job security during pregnancy. That's why there is the term "light work for pregnant women."

What rights and responsibilities do pregnant women have?

Alas, many expectant mothers downplay the seriousness of the situation, when the transition to light labor during pregnancy is simply necessary (after all, the intrauterine formation of the baby is involved here). They still work, hiding their condition at work until it can no longer be hidden, even on a subconscious level they take credit for themselves: oh, how tireless, healthy I am, I work just like everyone else. But still, we must not delude ourselves that every work will be suitable during pregnancy.

Being in such conditions, a woman can cause irreparable damage to the health of her unborn child. There are specific provisions when work during pregnancy can be changed, and a transfer to light work can be carried out. Do not hesitate to tell your immediate supervisor about everything. He cannot deprive you of your job, and must also guarantee you easy work, even if you found this vacancy on initial stages pregnancy without notifying him about it.

But there are other incidents: when expectant mother Having read all sorts of examples, he begins to think intently about various misfortunes, avoiding any business, physical work or any kind of muscular activity. All this leads to an inactive rhythm of life. And as a result, obesity will soon make itself known, which in addition can harm the prenatal development of the child. Expectant mothers need physical exercise and normal physiological stress and, of course, physical labor. Modification of the universal physical, motor activity There may well be accessible physical labor at a leisurely pace, which is both useful and necessary for the health of any woman during pregnancy.

Working conditions during pregnancy

The expectant mother has the right to transfer to light work, where there are no negative production factors. The reason for transfer to light work during pregnancy is the application of the woman who is expecting a baby, and the accompanying report from the medical institution where she was given a certificate. During pregnancy, certain changes occur in a woman’s body, and in this state she needs not only special conditions work, but also leisure, so there are various restrictions and taboos. For example, women who are preparing to become mothers are prohibited from working in enterprises where there may be negative impact production factors per baby. They mean:

temperature above average;
increased vibration;
some chemicals;
radiation exposure.

It is imperative to take into account the fact that when transferring to lighter work during pregnancy, the employee’s previous wages are strictly preserved. If the work of the expectant mother causes the risk of excess physical overexertion and is fraught with some harm, then at least for the duration of pregnancy it must be formalized and transferred to a more comfortable workplace.

Specifics of light labor coordination during pregnancy

A frequently asked question among expectant mothers is: when is light labor possible during pregnancy, from when? Labor Code is it provided?

Labor legislation stipulates that women preparing to become mothers are exempt from the very first stages of pregnancy:

From working at night.
From working on weekends and holidays.
From business trips.
From overtime workload.

Where expectant mothers work, there should not be:

hazardous synthetic substances;
harmful aerosols;
vibration and ultrasound.

A pregnant woman is prohibited from working while sitting or standing and constantly moving (the total distance for one shift cannot be more than 2 km).

Women who are expecting a child should not be given jobs that need to be done:

bending over on your knees;
with an emphasis on chest or on the stomach;
in a bent position or squatting.

As for how many hours during the day a woman who is preparing to become a mother should work, the Labor Code of the Russian Federation does not legitimize the maximum working day for a pregnant worker. If necessary future mom can present the manager with a medical certificate in which the doctor, taking into account the well-being of the pregnant woman, will write a ban on working hours longer than eight hours. If there is such a medical report, the employer is obliged to write an order and take it into account when creating the working time sheet for the pregnant employee.

Read also: Upon dismissal due to at will what payments are due

There is also an “emergency situation” in which the manager cannot find a “suitable” job for a pregnant woman. Leaving an employee in a “situation” in a difficult workplace is a violation of the law, and, in addition, creates a threat to the health of the woman and the unborn baby. As the law obliges, to avoid any violations, it is best to provide rest to a woman expecting a child while searching for a vacancy. If the right workplace has not been found, she can continue to stay at home until the end of her pregnancy, of course, with salary compensation.

The final conclusions can be summarized: physical labor is useful and necessary for women expecting a child. Don’t be afraid to talk about your situation, don’t be shy about your right to light work, because the state is interested in ensuring that your child is born healthy and strong.

Easy work for a pregnant woman. Article 254 of the Labor Code of the Russian Federation. Article 93 of the Labor Code of the Russian Federation. Part-time work

Pregnancy - great time. But this is not only joy. For a woman, this period is not only responsible, but also very difficult. The body is completely changing, constantly transforming. Often, pregnancy seriously affects a girl’s performance. If she is employed, then this situation will also affect the quality of work. Therefore, in Russia light work is provided for a pregnant woman. This measure is prescribed in the country's Labor Code. But light work is far from the only opportunity given to pregnant women in terms of managing work activity. What rights does a woman have during such a crucial period? What does the Labor Code of the Russian Federation regulate?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level. Of course we're talking about about studying the Labor Code. But what specific articles of legislation should one refer to in order to understand all the peculiarities of the work of pregnant employees?

There are only a few labor standards. This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code. They indicate the basic rules and regulations that an employer must comply with if he employs a pregnant girl.

Production standards

To begin with, you should pay attention to the fact that pregnant women are people whose health is being undermined. The performance of such an employee will most likely decrease. And overvoltage is fraught negative consequences for the fetus. In Russia, established laws are designed to protect citizens. Especially pregnant women.

Therefore, the first rule, which is provided for in Art. 254 TK Russian Federation- this means that all employees who have received the status in question must work with changes in production standards. They should be reduced. To what extent? It all depends on the woman’s health condition. Often medical workers They give girls certificates with recommendations on this matter.

Unfavorable factors

The features don't end there. The point is that light labor for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that involves working in an unfavorable environment for subordinates, you will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, in a hazardous industry, the employer must find her a more suitable vacancy.

That is, the employee is transferred to light work. And this process is not necessarily accompanied by a decrease in load - you can change the nature of the work. Quite a common practice in Russia.

And earnings

The two points above have one huge feature. And both pregnant women and employers should know about it. After all, violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights have been violated can complain against her employer. To prevent this from happening, you will have to take into account all established destination standards easy work.

It's about making money. Typically, a lighter workload means lower pay. But not in the case of pregnant women. According to established rules, the salaries of such people cannot be reduced. Light labor for a pregnant woman occurs, but at the same time average earnings must be preserved.

In fact, being in an interesting position, a woman will work less and receive the same amount as she earned on average before. If the employer violates the established rule, you can complain against him. You must refer to Article 254 of the Labor Code. It is here, in the first paragraph, that the average earnings are preserved when a pregnant woman is transferred to light work.

If there is no work

ABOUT following feature Few know. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that light labor for pregnant women is a mandatory measure. An employer does not have the right to refuse a girl in an interesting position to provide a vacancy and work that eliminates the occurrence of unfavorable production factors. That's not all important points, which has the transfer of a pregnant woman to light work. Payment for such work should not be reduced (only in some cases). But in this case, Article 254 of the Labor Code of the Russian Federation will no longer be in effect.

What to do if the company cannot this moment offer your employee easy work? What does the Labor Code say? In this case, pregnant women are subject to suspension from work. And it is allowed to resume it only when negative production factors are eliminated, as well as a transfer to light labor.

The key feature is that under such circumstances it is impossible to cut the salary of a pregnant girl. That is, the employee does not work, but receives the same earnings as when carrying out job responsibilities. Cash allocated from the employer's budget.

So, it is advisable for companies to find easy work for a pregnant woman quickly. Otherwise, on legal grounds, the employee has the right not to perform official duties. And despite this, you receive your salary in full.

Dispensary examination

Sometimes employed girls have to undergo medical examination in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo a medical examination, the average salary for their position is maintained.

In other words, during a medical examination, no one has the right to fire a pregnant woman, nor to “cut” her salary. This feature must be taken into account in mandatory. True, we are only talking about mandatory medical examination. Not the most common occurrence, but it does happen.

Already given birth

The Labor Code of the Russian Federation provides for such easy work for pregnant women. Also, Article 254 of this code indicates some features of the work of those who arrived to perform official duties before born child less than a year and a half old.

This circumstance can also bring a lot of trouble to the employer. After all, at the request of the new mother, the employee will have to be transferred to another position that involves light labor. At the same time, the average salary for the job duties performed must be maintained. How long can a citizen work at an easy pace? Until the child turns 1.5 years old. Afterwards, the employer transfers the mother to a normal way of working, which does not provide any concessions.

Only upon request

What else do employers and subordinates need to know? The point is that a pregnant woman can be transferred to light work only upon the girl’s personal application. If this document has not been provided to management, you will have to perform job duties on an equal basis with all others. If the employer decides, on his own initiative, to transfer a subordinate to light work, then he has every right to “cut” her earnings. Or do not maintain the average salary for the employee when he is absent from the workplace.

But all this only applies when there is no application for light work. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decides to reduce her workload, all of the above features will not apply to her. An employee is considered an employee like everyone else.

When to contact

Pregnancy is a very long process. From 30 weeks interesting situation the employer generally must give his subordinate the so-called maternity leave. Therefore, many are interested in how long light labor takes place.

This point is not specified in the law. In general, as soon as a woman finds out about pregnancy, she has the right to concessions when performing her official duties. The main thing is to provide a doctor's report as confirmation. On average, approximately a month to a month and a half after conceiving a baby, an employee has the opportunity to transfer to light work.

In practice, this phenomenon rarely occurs. Typically, a statement about reducing the workload when performing job duties is written closer to maternity leave. When the body experiences maximum stress. But also formerly a woman has the right to light work. The only task is to obtain a medical certificate about pregnancy. Taking into account the fact that in Russia you can “think” about an abortion before the 12th week of an interesting situation, it is recommended that after this period you write an application for light work.

Part-time work

Everything said earlier is the content of just one article of the Labor Code of the Russian Federation. Often, all of the above measures are not applied by employees. Instead, Art. 93 Labor Code of the Russian Federation. What does it say?

This article is responsible for incomplete work time. It is indicated that women in a position have the right to demand the establishment of part-time work or a shift when performing official duties.

Again, the request is considered only after a written request to the employer. They can refuse, but it is better not to do this. After all, employees often begin to ask not for a reduction in working hours, but for a transfer to light work.

How much will they pay

True, part-time work has its advantages for the employer. Average earnings will remain the same light work. But if an employee asked for an incomplete shift, then her salary should be calculated in proportion to the work performed.

Read also: Order on wage indexation - sample

Either payment based on volume or time of work is considered. It all depends on the position held. Thus, a pregnant woman’s earnings may be lower. This is a huge advantage for the employer. Therefore, in practice, this is exactly the form of work that management offers to employees who are in an interesting position.

Impact on labor rights

How does part-time work affect the labor rights of citizens? According to established laws, no way. Transferring a pregnant woman to light work, as well as reducing the work shift according to established standards, should not affect the social package.

That is, vacation and sick leave, as well as everything else labor rights remain with the employee in full. If an employer tries to somehow infringe on a subordinate, you can complain against him. This is a direct violation of the legislation established in Russia. There is no need to be afraid - you should be able to protect your rights. Especially when it comes to vulnerable and weak pregnant women.

How does it actually turn out?

True, the situation in real life seriously different from the ideal. The Labor Code also states that it is impossible to dismiss an employee in a position at the initiative of the employer. And such personnel are prohibited from working at night.

But in reality, it turns out that the vast majority of women work full time before maternity leave, without being transferred to light work. And if the employer provides easier conditions for performing job duties, then most likely this will affect earnings - it will become lower.

Unscrupulous employers do this. In addition, sometimes women are simply forced to quit “of their own free will.” Only conscientious companies comply with all legal standards. Light work for a pregnant woman is the right of every pregnant woman. And it is up to the employees themselves to decide whether to implement this opportunity. Without a written statement, we can assume that the subordinate did not express a desire to receive light work or to be assigned a shortened working day. Both the employer and the employees themselves should remember this.

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How to transfer a pregnant employee to light work

HOW TO TRANSFER A PREGNANT EMPLOYEE TO EASY WORK

Situation: salesperson N. Shnitko contacted the HR department with a request to transfer her to “light work” due to her pregnancy. Now she works on a “two days in two” schedule, the shift lasts from 9:00 to 23:00. What kind of work can be considered easy? Is it possible to refuse an employee such a request? And how to arrange a transfer?

HR officers often encounter such requests. First of all, we note that the state of pregnancy in itself is not a basis for transferring a worker to “light work.” In general, the concept of “light labor” is absent in the Labor Code of the Russian Federation.

According to Art. 259 of the Labor Code of the Russian Federation it is prohibited to send pregnant women to business trips, involve them in overtime work, work at night, weekends and non-working holidays. At night in accordance with Art. 96 of the Labor Code of the Russian Federation is the time from 22 o'clock to 6 o'clock. Since seller N. Shnitko’s shift ends at night (at 23:00), she has the right to demand that the employer change the working hours. This does not require a special medical report - it is enough to present a certificate of pregnancy. Please note: since Art. 259 of the Labor Code of the Russian Federation contains a direct prohibition; working hours must be reduced regardless of the desire or reluctance of the employee.

In addition, upon application of a pregnant woman, she must be given the opportunity to work part-time. Payment in this case is calculated for the time actually worked (Article 93 of the Labor Code of the Russian Federation). At the request of the employer, but not more than once every 3 months, a woman is obliged to provide him with a medical certificate confirming the state of pregnancy (Article 261 of the Labor Code of the Russian Federation).

In Art. 254 of the Labor Code of the Russian Federation states that pregnant women, in accordance with a medical report and at their request, have production standards and service standards reduced, or such employees are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job.

To carry out the transfer, the employee must submit a medical opinion on the transfer of the pregnant woman to another job (form N 084/u, approved by Order of the USSR Ministry of Health dated October 4, 1980 N 1030<1>). A pregnant woman can receive such a document during her first visit to an obstetrician-gynecologist. This conclusion is issued to women whose work activities are associated with harmful or dangerous production factors, as well as in other cases - if there are individual indications (Instructions for organizing the work of antenatal clinics, approved by Order of the Ministry of Health of Russia dated February 10, 2003 N 50 “On improving obstetric gynecological care in outpatient clinics"). The medical report must contain specific indications of which production factors are unfavorable for the employee. In addition, it is useful for personnel officers to know that the requirements for working conditions for women during pregnancy are set out in section. 4 SanPiN 2.2.0.555-96 “Occupational Hygiene. Hygienic requirements for working conditions for women. Sanitary rules and regulations”, approved. Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 N 32. This document describes in detail what working conditions should be created for a pregnant employee.

<1>Order of the USSR Ministry of Health dated October 4, 1980 N 1030 is no longer valid today, however, the Letter of the Ministry of Health and Social Development of Russia dated November 30, 2009 N 14-6/242888 states that after the cancellation of this normative act a new album of sample accounting forms was not published. In this regard, healthcare institutions, on the recommendation of the Ministry of Health and Social Development of Russia, use in their work to record their activities forms approved by Order of the USSR Ministry of Health dated October 4, 1980 N 1030.

Together with the medical report, the employee must submit an application to the employer with a request to provide her with work in accordance with medical indications (an example of the form is given in Appendix 1). The received application must be registered with the personnel department or the secretariat of the organization, because it is from this moment that the employer must begin to resolve the issue of transferring the employee. In practice, a situation is possible when the certificate provided by the woman was issued, for example, a month earlier. In this case, it turns out that the employer violated the requirements of the law, since he should have immediately begun resolving the issue of transferring the pregnant employee. And before a pregnant woman is transferred to another type of activity that excludes the impact of unfavorable production factors, she is subject to release from work while maintaining the average earnings for all working days missed as a result at the expense of the employer (Part 2 of Article 254 of the Labor Code of the Russian Federation). If the application is properly registered, the employer is relieved of responsibility for its late submission.

Having received a medical report from the employee about contraindications for performing the work specified in the employment contract, the employer is obliged to transfer the employee to a job suitable for him (Appendix 2). According to the provisions of Art. 73 of the Labor Code of the Russian Federation, this must be done with the written consent of the employee. After reviewing the offer, the employee has the right to agree with the transfer or refuse it.

If the employee agrees to change the type of activity, it is necessary to make changes to the employment contract by drawing up an additional agreement to it (Appendix 3), issue an order for transfer in the unified form N T-5 (Appendix 4) and make a corresponding entry in the work time sheet. According to clause 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 N 225, in work book Entries are made only about transfer to another permanent job. IN in this case the transfer is temporary and there is no need to reflect this information in the work book.

By the way. It is advisable to keep a log of all employees for whom benefits and additional guarantees are provided. It must indicate the type of guarantees provided and the validity period of the benefit (for example, the expiration date of a medical certificate, disability, the age of the child reaching three years old and etc.). This will facilitate the work of the personnel service not only when considering issues related to the transfer and dismissal of employees, but also when engaging in overtime work, sending on business trips, etc.

What to do if there is no suitable job or the employee refuses the transfer? In this case, the employee must be relieved of duties that may harm his health. At the same time, for the period specified in the medical document, his workplace and position are retained, and his average earnings also remain unchanged.

If pregnant, an employee must medical indications transfer to easy work. We will tell you in the article what conditions a pregnant woman should work under.

From the article you will learn:

How to transfer a female employee to light work

When an employee becomes pregnant, the employer must:

reduce production and service standards;

transfer to another position, which will eliminate the impact of adverse production factors.

This must be done if the employee provides the appropriate medical report and writes a statement.

If the company has a suitable position and the pregnant employee agrees to the transfer and work in new position, then the translation is made in the general order:

An employee writes an application for a transfer to another position (a sample application can be downloaded );
an additional agreement is concluded with the employee on transfer to light work due to pregnancy (a sample of the additional agreement is shown in Figure 1);
an order for transfer is issued (a sample order can be downloaded );
An entry about the transfer is made in the employee’s personal card.

Please pay attention! Since the transfer to light work is temporary, no entry is made in the work book.

Download documents on the topic:

Read more about how to transfer a pregnant employee to light work in our .

Figure 1. Additional agreement on transfer to light work during pregnancy

An employer cannot forcibly fire or transfer her to another job without the consent of a pregnant employee. The company does not even have the right to remove her from work.

What documents are used to document a transfer to light work for pregnant women?

A pregnant woman has the right to declare that she wants to work less and demand that her production standards be reduced or her working hours reduced. In some cases, just an application is enough, while in others, you cannot do without a doctor’s certificate.

When a medical report is needed. A document from a doctor will be needed if the employee believes that there are negative factors at work that will affect her or her baby’s health. In conclusion, the doctor will write in what conditions the woman should not work. After this, the employee must write a statement that she insists on such changes. Once you receive both the application and the medical report, determine whether you can comply with the doctor's orders. If the employee cannot be protected from unfavorable factors in her position, then offer a transfer to another position.

When an employee’s statement is enough. A pregnant woman may at any time request that her part-time or a week (part-time). No confirmation from a doctor is required. To do this, the employee just needs to write an application for a change in working hours and provide a certificate of pregnancy. She can ask to reduce the working day either to one hour or to seven hours a day. And the company is obliged to establish the desired operating mode. At the same time, part-time work does not replace the employer’s obligation to transfer the employee to light work if this is indicated in the medical report. An employee can exercise her right in any position, regardless of whether she was transferred to light work.

Read more about how to set up part-time work in our .

In this article we looked at the transfer to light labor during pregnancy. Labor legislation provides a pregnant woman with certain guarantees, failure to provide which may result in fines and labor disputes for the employer.

Some categories of workers have the right to transfer to easier work due to their state of health. The basis for transfer is a medical report that was provided to the organization. This is a certificate for light work.

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

Reasons for transfer

There can be various reasons for transfer: pregnancy (a certificate for light work during pregnancy is issued), caring for a child under one and a half years old, work 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 to be transferred to a lighter job (a certificate for light work due to health reasons will confirm this), it means that he is not able to perform professional duties without performing actions that are contraindicated for him.

Transfer 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 blue-collar 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 a medical opinion

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

There are several forms of providing a medical report:

The conclusion of a medical commission or the 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 by the medical and social examination bureau if the employee is recognized as disabled.
Rehabilitation program for an employee who suffered due to an accident at work and occupational illness.
The conclusion of a medical and preventive institution that conducts a mandatory medical examination of an employee, which is defined in Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011, which approves 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 conducting periodic and preliminary mandatory medical examinations of employees who are engaged in heavy or hazardous work and/or harmful conditions labor.
Honey. conclusion issued in accordance with order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated May 2, 2012, approving the Issuance Procedure medical organization medical reports and certificates after examination of a citizen, including a commission.

Thus, this article determines which certificate for light work is issued to a particular employee.

Grounds for suspension from work

It can be said that a properly prepared conclusion issued by the attending physician can serve as a basis for transfer to a job that is not contraindicated for the employee, or become a reason for dismissal, in accordance with clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation in the absence of a corresponding vacancy.

If an employee, according to a medical report, needs to be transferred for some time (up to 4 months) to another job, refuses such a transfer, or the employer cannot provide the appropriate work, he is obliged to suspend the employee for the entire period specified in the certificate for easy work, while maintaining his position and place of work. If an employee is suspended, he is not paid.

Exceptions are made in cases provided for by this Code, other federal laws, employment contract, agreements, collective agreement.

Cases of transfer to another job exceeding 4 months

In the event that an employee, with a certificate of transfer to light work, needs to transfer to another job for a period exceeding 4 months or permanently, then if such a transfer is refused or if the employer does not have a suitable vacancy, the employment contract is terminated, in accordance with clause 8 of Part. 1 tbsp. 77 of the Code.

The employment contract with the heads of enterprises or organizations, representative offices, branches, chief accountants and deputy managers is also terminated if such a transfer is refused, or if there is no suitable work, in accordance with clause 8 of Part 1 of Art. 77 of the Code. The employer also has the right, with the written consent of the employee, to suspend him from work for a period determined by agreement of the parties. The employee is not paid any salary during such a period of suspension. Exceptions are cases provided for by this Code, other federal laws, employment contracts, agreements, and collective agreements. Medical workers have a sample certificate for light work.

When to transfer for medical reasons

An employee is transferred according to a medical report in cases where he is unable to perform professional duties at his workplace for the reasons listed below:

receiving work-related injuries or injuries;
pregnancy;
injury or injury;
disability;
presence of diseases;
undergone operations.

For example, a production employee who has undergone back surgery has the right to demand that his duties be changed if he has a certificate for light work due to health reasons, in order to eliminate the negative impact on his back. A person who has injured his arm can also be transferred to another type of activity that allows him not to use the injured limb, and so on.

Certificate of light labor for pregnant women

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

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

working night shifts, overtime, etc.;
bad light;
frequent business trips, which during pregnancy can only be with the consent of the employee;
aerosol spraying;
emotional and nervous tension;
vibrations;
physical stress: sitting in an uncomfortable position, carrying heavy objects, standing for a long time, and so on.

Attracting disabled people to work

People with disabilities may be required to work on weekends and holidays, or to work overtime only with their consent, and if there is no harm to their health. In particular, this category of employees has the right to receive annual paid leave of at least 30 days or at their own expense for at least 60 days.

What documents do I need to provide for translation?

In order for an employee to be transferred to an easier job, he must complete the following documents:

Honey. a conclusion that the employee provides, and it confirms his right to transfer to light work, for example, pregnant women provide a certificate from a gynecologist with a specified period.
Statement from the employee in which he agrees in writing to the transfer. Add. agreement to the contract indicating the validity period and new conditions for the fulfillment of obligations.
Order on translation of the unified form.
Entry in a personal card and work book.

Design rules

How is an employee transferred to light duty? When preparing a transfer, it is important to take into account some points established by law that determine for how long a certificate for light work is issued:

During the entire period while the manager decides on the issue of transferring the employee to light work in connection with medical reasons. In conclusion, the latter retains his average earnings. Also, a person may not perform the previous work in full if they are contraindicated for him due to his health condition.
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 her previous position.
If it is necessary to transfer to light work due to a work-related injury or the development of an occupational disease, the employee’s average earnings are retained until his recovery or the loss of his occupation is determined. legal capacity.
When an employee needs to transfer to light work for a period of up to 4 months, and the person refuses the options that are offered to him, or the employer cannot offer options for the transfer, then termination occurs employment contract. 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, and the person refuses the options that are offered to him, or the employer cannot offer options for the transfer, then 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 for transfer to light work, which is specified in the add. agreement to the contract, the employee returns to his previous place of work.
If the period specified in the additional agreement has expired, and the employee remains in the place where he was transferred and does not object, then the period specified in the additional agreement. agreement becomes invalid, and the employee remains in the new place on a permanent basis.

Conclusion

So, we can conclude that if there is a medical certificate, some categories of employees can be transferred to light work. To carry out such a transfer, you need to prepare documents and comply with the conditions established by law.

If there is constant poor health that interferes with normal labor activity, then you might want to see a doctor.

We have looked at what a certificate for light work is.

The legislation of the Russian Federation obliges employers to take care of the health and well-being of pregnant employees and their unborn children through labor protection. The Labor Code of the Russian Federation enshrines the concept of “light labor”, the essence and purpose of which is to form special conditions labor during pregnancy.

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In addition to the simplified labor process, the expectant mother is entitled to material benefits and mandatory retention of employment during maternity leave. What benefits are provided and for what period? How to apply for appropriate benefits?

Legislation

Many enterprises and positions cannot provide safety and favorable conditions for fetal development. In this regard, the Labor Code of the Russian Federation introduced the concept of “light work for pregnant women” - this is a certain restriction on production standards and other indicators of the work process for pregnant women.

Transfer to light work is carried out upon declaration of pregnancy. The new area of activity must meet the requirements of labor legislation and eliminate the risk of exposure to negative production factors on the employee and her child.

As a rule, light work involves a new position in the professional field that does not require large physical expenditures and does not have harmful factors.

The law also obliges to maintain the amount of wages after the transfer and until going on maternity leave.

According to the Labor Code of the Russian Federation, pregnant employees are prohibited from performing the following types works:

lifting weights or any objects above the head;
work on a production line;
working under stress and constant neuro-emotional tension;
contact with pathogens of certain diseases, as well as toxic chemicals;
contact while working with infrared radiation;
work in an enterprise with constant pressure drops;
work with radiation, etc.

Despite the harm of these factors, the employer is not obliged to provide light work without presenting a medical report.

From what period are the benefits valid?

Not established by law specific period for transfer to light work. The employer is obliged to provide preferential working conditions only after presenting a medical certificate of pregnancy.

In practice, some take a certificate from the very beginning of pregnancy, while others take it from the 22nd week. It depends on the complexity and working conditions. However, if there is a certificate, the employer cannot refuse a transfer at any stage of pregnancy.

What benefits are provided?

The Labor Code protects the rights of expectant mothers, including those who get a job during pregnancy.

Basic labor benefits for pregnant women:

Employment of pregnant women occurs without a probationary period (Article 70 of the Labor Code of the Russian Federation).
An employer cannot refuse a job to an applicant because she is pregnant. Moreover, he cannot ask questions about her situation. The only reason for refusal to work is an insufficient level of qualifications for the position. If the reason for the refusal was a fictitious excuse, the woman can ask for a written answer and contact the labor inspectorate with it. Identification of an unreasonable refusal to provide employment will entail sanctions.
An employer cannot fire a pregnant employee, including under Art. 81 of the Labor Code of the Russian Federation (for violating the schedule, absenteeism, etc.).
The employer is obliged to provide the pregnant woman with light work upon presentation of the appropriate medical certificate. It is important that the certificate indicates specific restrictions on work activity.
The employee is exempt from work on weekends and holidays, as well as on night and overtime shifts.
A pregnant woman can take annual paid leave at any time. Even if her turn didn’t come, or she didn’t work certain period. For example, you can take a vacation before the start of maternity leave or immediately after it.
Light work for pregnant women according to the Labor Code in 2019 implies a ban on working on a rotational basis (Article 198 of the Labor Code of the Russian Federation).
A pregnant woman has the right to be excused from work duties on weekdays to undergo a scheduled examination. When difficult pregnancy and frequent examinations, it is necessary to take a corresponding certificate from the antenatal clinic and register it with the personnel department. If necessary, the employee may leave the workplace. Regardless of how many hours per day are actually worked, the employer is required to retain earnings for the entire day.
In addition to the lunch break, the expectant mother has the right to receive short breaks during the working day.
It is prohibited to transfer a pregnant woman to another position without her consent.
An employer is required to provide a pregnant employee with paid maternity leave. The duration of the leave depends on the course of pregnancy and the complexity of childbirth.

Benefits may also be provided to the husband of a pregnant employee. Regardless of his length of service, he can take advantage of annual leave during his wife’s pregnancy and childbirth.

How to apply

Registration of light work for a pregnant employee occurs according to the following algorithm:

Submission of documents. An employer can transfer an employee to light work only upon presentation of a corresponding application and a medical certificate, which reflects the fact of pregnancy and the recommendations of the attending physician. A medical report is issued according to form No. 084/у. In addition to the need to transfer to simplified working conditions, it indicates factors that may be unfavorable for the expectant mother. The application is written in any form by hand and recorded in the internal documents register.
Job offer. After considering the application, the employer must offer the employee a list of vacancies available at the enterprise that correspond to the classification of light labor and the employee’s qualifications. Since the salary in a new place cannot be less than previous work, the employer must indicate the difference with a premium. For example, if the salary in the previous position was 30 thousand rubles, and in the new one - 24 thousand rubles, then the bonus will be 6 thousand rubles. Pay less amount labor legislation it is forbidden. After drawing up the proposal, the employee familiarizes herself with it against signature. Sample proposal:
Obtaining consent. If a suitable vacancy has been found at the enterprise, the employee must give written consent to the transfer. Usually a corresponding statement is written. Some admit simple painting in the job offer document.
Drawing up an additional agreement. Drawing up an additional agreement is a mandatory condition for the transfer. It specifies new working conditions and return to the previous position, indicates the amount of wages and the validity period. The document is drawn up in two copies, one of which is attached to the employment contract, and the other remains with the employee. Sample agreement:
Drawing up an order. The order is issued by the employer on the basis of a drawn up agreement. The document must indicate:
- deadline and reason for the transfer;
- new position;
- salary size;
- grounds for the procedure.
  
  The employee reads the order against signature. A copy of the document can be provided upon request for further evidence of other work being performed. There is no need to make an entry in the work book about the transfer, since after returning from maternity leave the employee will return to her original duties.
  
  The transfer period ends on the last day before the employee goes on maternity leave. This fact must be recorded by the employer in the appropriate order.
  
  If a vacancy suitable for light work is not available at the enterprise, then the employer can introduce a new position specifically for a pregnant employee. After going on maternity leave, the position may be abolished at the discretion of management.
  
  If there is no need for a new position, the employer releases the employee from her work duties with payment of a monthly salary.
  
  Responsibility for violation
  
  An employer does not have the right to refuse to transfer a pregnant woman to light work if she has provided a medical certificate about such a need.
  
  If refused, the pregnant employee may go to court. In almost every case, the judge remains on the side of the plaintiff. In this case, the court obliges the employer to offer the employee other positions during pregnancy or send her on leave with pay if there are no vacancies.
  
  In cases where the employer offered a vacancy, and the employee refused it, it is still impossible to fire the pregnant woman. The employer will have to find another vacancy or send the employee on vacation.
  
  Termination of an employment contract is permissible only in the event of liquidation of the organization and the expiration of the employment contract. In this case, termination at the end of the agreement can only be formalized if the employee officially refuses the offered position.
  
  Thus, the employer must provide the pregnant employee with easy working conditions upon presentation of a medical report. It is important that the conclusion is not a simple medical certificate and must be drawn up in accordance with all standards. Only then can the employee count on the transfer.