Dismissal when transferring to light work. Don't complicate things! What is light work for health reasons and how to arrange a translation? Temporary transfer completed

Explain, please, the following employee works as a security guard in three days. From 05/30/2015 to 07/17/2015 I was on sick leave, first in a hospital, then at home, as it turned out, there was a heart attack. On July 17, 2015, his sick leave was closed, he was discharged. In the hospital there are the signatures of the doctor and the chairman of the VK. The employee's disability has not been established. Together with the sick leave, he presented an ordinary certificate from the therapist and only the therapist should be signed that work at night is contraindicated for him and that weights should not be lifted. How to be in this situation, I cannot figure out what kind of conclusion it is, the form of the certificate is not indicated, the signature is only of the therapist, just an ordinary certificate, I cannot, on the basis of an ordinary certificate, transfer it to light work or issue a dismissal for medical reasons. Explain how I should proceed and how the medical institution should draw up documents and what I should do. So far, he wrote an application for annual leave. thanks

Answer

Answer to the question:

Having considered your question, we can say the following, a medical report serves as the basis for transferring to another job or light work.

A medical report can be presented in several forms:

1. Conclusion of the attending physician or medical commission. Issued in accordance with Federal Law of November 21, 2011 N 323-FZ (as amended on June 25, 2012) "On the Fundamentals of Health Protection of Citizens in the Russian Federation".

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

3. Rehabilitation program for the victim as a result of an industrial accident and occupational disease.

4. Conclusion of a medical institution conducting a mandatory medical examination of an employee, which is issued in the manner determined by the Order of the Ministry of Health and Social Development of the Russian Federation of 12.04.2011 N 302n "On the approval of lists of harmful and (or) hazardous production factors and works, 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 heavy work and in 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 certificates and medical reports by medical organizations" on the basis of a medical examination of a citizen, including a commission.

Thus, the conclusion of the attending physician, if it is properly drawn up, is the basis for transferring to a job that is not contraindicated according to a 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 a notice of a proposal, of the absence of vacancies corresponding to a medical certificate and an order of dismissal, an entry in the work book are given below in the materials of the System.

The employer, having received documentary information (medical opinion) that the employee for health reasons cannot do his previous job, must remove him from work (paragraph 5 of part 1 of article 76, paragraph 12 of part 2 of article 212 of the Labor Code of the Russian Federation ).

Contraindications can be identified as a result of a medical examination passed by an employee, either by virtue of the requirements of the law or on his own initiative, and when he is undergoing other medical procedures.

An employee who, for health reasons, cannot perform his previous job, must to offer a transfer to a position that is not contraindicated for him for health reasons.

Dismissal on the specified 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 presence of relevant vacancies (positions) or their absence. Upon dismissal on this basis, the employee is paid a severance pay in the amount of two weeks' wages.

If the period during which the employee cannot perform his work is more than four months, and there are no vacancies or the employee's consent to transfer, then the employer should formalize 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 the employee agrees to the transfer, then when transferring such an employee to another lower-paid job, this employer retains his previous average earnings within one month from the date of transfer, and when transferring in connection with work injury, occupational disease or other health damage related to with work - until a permanent loss of professional working capacity 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 perform work is less than 4 months, then the employee must be offered a transfer, and if he refuses to transfer, he should be suspended from work for the entire duration of the contraindication. For the period of such suspension, wages are not charged.

If, if there are grounds for a temporary transfer of up to 4 months, the employee gives his consent to a temporary transfer, then within 1 month he needs to keep the average salary in the amount of at least that which was before the transfer.

If, in accordance with the medical opinion, the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, and there are no vacancies or the employee's consent to 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.

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

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

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

Offer vacancies and apply, if possible, the transfer can be made both immediately after the end of the vacation, and during the vacation, if there is a connection with the employee.

Details in the materials of the System Personnel:

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

In some cases, the administration of the organization is obliged to transfer the employee to another job. For example, in the case when an employee cannot perform the previous work in accordance with a medical report. With the consent of the employee, the administration must transfer him to another job that is not contraindicated for him for health reasons. * An offer with a list of vacant positions available in the organization can be issued in free form... These positions must comply with the work restrictions reflected in the medical certificate of the employee and be suitable for him for health reasons. The employee must give his or her consent to the translation in writing or refuse it. This follows from part 1

If the employee agrees to the transfer, draw up in the general procedure an additional agreement to the employment contract, an order on form No. T-5 and make the appropriate entries in the work book and personal card of the employee on form No. T-2(Of the rules approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225 , directions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

When an employee is transferred for medical reasons, the 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 date of transfer, he needs to keep his average earnings from the previous job. If the transfer is related to the fact that the employee received an injury or an occupational disease, then the average earnings remain with him until the employee recovers or doctors determine his disability. This procedure is established in the Labor Code of the Russian Federation.

A situation may arise when an employee who is medically in need of a temporary transfer refuses it or there are no suitable vacancies in the organization. Then the actions of the organization depend on the period for which, in accordance with the medical report, the employee must be transferred to another job. If an employee needs a temporary transfer for a period of up to four months, then suspend him from work for the entire period specified in the medical report. At the same time, the employee must retain his place of work (position). Do not accrue salary or other social benefits for this period, unless otherwise provided by the labor (collective) agreement 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 in case of refusal from a vacancy (no vacancies in the organization), he must be fired ( h. 3 tbsp. 73 of the Labor Code of the Russian Federation). The grounds for dismissal are point 8 part 1 of article 77 of the Labor Code of the Russian Federation. Dismissal on the specified 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-О-О).

A special procedure for dismissal in case of refusal of a vacancy (absence of vacancies in the organization) when transferring 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 transfer period is less than four months, the organization has the right to dismiss such employees by 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 he can be removed from work for a period determined by agreement of the parties. Do not accrue salary or other social benefits for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example).

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

The form

Offer of transfer to another job in accordance with a medical report

OFFER of transfer to another job

According to the medical report

Moscow 18.08.2010

List of vacancies currently existing in Alpha and not

Contraindicated to you for health reasons. We offer to take one of them according to yours.

Choice.

If you agree or disagree, please make a note in the appropriate box of this

Offers.

List of vacancies as of 18.08.201 0

Director A.V. Lviv

An offer to transfer to another job in accordance with a medical report to me

Handed over,

18.08.2010 Yu.I. Kolesov

Sample notice

NOTIFICATION

On the absence of vacant posts of the relevant

medical report

By the conclusion of the medical and social examination No. 4281916 of September 10, 2012, you were established with the second group of disability. In accordance with the Individual rehabilitation program for a disabled person, card No. 1611 to the certificate of examination No. 1682 dated 09/10/2012, you were contraindicated to work with pronounced psycho-emotional stress, heavy physical labor, work, the sudden termination of which is dangerous for others, lifting and carrying weights , work at height and in extreme conditions. These recommendations are contraindications for working as a bus driver. In this regard, we inform you that there are no vacancies as of 09/10/2012 at Passenger Transportation LLC corresponding to these recommendations.

Please be advised that due to the lack of vacancies, the employment contract with you will be terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation.

Unified form No. T-8

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

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

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

Motivated opinion of the elected

trade union body in writing

(from “

”

No.

) considered

Labor book (fragment). Registration of dismissal if the employer does not have a job that complies with the medical certificate issued to the employee

Approved

Decree of the Government of the Russian Federation

EMPLOYMENT HISTORY

Job details

records	date			Information about employment, transfer to another permanent work, qualifications, dismissal clause of the law)	Name, date and room document, based whom entry made
records	number	month	year
1	2			3	4
				Closed joint stock company "Alpha" (CJSC "Alpha")
1	11	01	2006	Appointed to the technical department for the position industrial training masters	Order from 11.01.2006 No. 4-k
2	28	02	2013	Dismissed due to absence from the employer other work required in accordance with medical report, paragraph 8 of part 1 article 77 of the Labor Code of the Russian Federation Supervisor of the personnel department E.E. Gromova Employee	Order from 28.02.2013 № 16

Best regards and wishes for a comfortable work, Ekaterina Zaitseva,

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With the onset of certain life circumstances, citizens who are employed on an official basis can apply for a transfer to another position that assumes easier conditions.

The responsibilities assigned to them in this case must correspond to the state of health of the patients. The main goal of translation is to create a more comfortable working environment.

Is it given for a transfer after the operation?

Carrying out some activities in which surgery was performed requires a long period of rehabilitation and restoration of health.

During this period the employee can be transferred to light work.

For example, when performing an operation on the arm, an employee will not be able to perform actions related to the functioning of this organ.

Therefore, he needs to be released from this kind of work.

It is important to consider that the employer has no right to refuse an employee translated into light labor. An important role in this is played by the validity period of the medical certificate of the conclusion, namely, recommendations on the duration of easy labor.

Maximum the duration of this period is 4 months... If during this time the head of the company offered the employee another position with more comfortable working conditions, but the employee did not agree, the employment relationship may be terminated.

A scenario is possible in which a working citizen will continue to work in a new position at the end of a period of 4 months. In this case, the work is considered to be permanent. When such circumstances occur it is necessary to make changes to the employee's work book.

What does the document give to the employee?

A medical certificate with a conclusion on the state of health, which reflects the recommendation to transfer the employee to light work, gives him the right carrying out their professional activities in more comfortable conditions.

This need arises in situations where the performance of previous job duties becomes difficult.

For example, during pregnancy, women are prohibited from physical activity, business trips, overtime and night work. In order to protect the employee from these factors, she is transferred to another position.

Also apply for a job that is appropriate for the state of health, can workers with disabilities.

How should it be framed?

A medical certificate giving the right to transfer to another position must be drawn up accordingly. There is no unified form for filling out the certificate.

Each medical institution has the right to use a form developed by the organization independently.
In the help header it is obligatory the following information must be present:

name of the institution issuing the document;
organization address;
place and city of drafting the paper;
the serial number assigned to the report.

initials of the patient;
description of the situation in connection with which it became necessary to transfer to light work;
job duties from which a citizen should be removed and recommendations that must be followed during work;
references to regulations governing the procedure for translation. For example, in the case of pregnancy, those are —259 articles of the Labor Code of the Russian Federation;
the duration of the rehabilitation period.

At the end of the certificate, their signatures are left by the persons responsible for its content - the head physician, the attending doctor. Also it is important to reflect the date of writing medical report.

Useful video

The employer's actions in case of identifying medical contraindications from an employee, discussed in detail in this video.

Pregnancy is considered the natural state of a woman, therefore, it is impossible to completely release the expectant mother from work. But many have come across the fact that when carrying a baby, it is extremely difficult to even think about their responsibilities. What is the best way to deal with such a situation?

Pregnancy and work

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

In the early stages, the expectant mother is worried about nausea, changes in appetite, feeling unwell 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 actively move, and edema may appear.

Late pregnancy is the most unfavorable period for performing your professional duties. At this time, it is not just physically difficult for the expectant mother 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 last plan.

However, not only these factors affect a woman's ability 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 impact on the body of the expectant mother and baby. Most often, the following types of work are harmful to women:

Associated with lifting various weights, especially from the floor. It is also unsafe to lift weights above shoulder level.
With monotonous work, especially when the working posture is forced. When carrying a baby, you cannot rest against your chest or stomach, squat or kneel.
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 ones, however, prolonged sitting at the computer can also have a negative effect on the course of pregnancy, especially with an improperly equipped workplace.

Often, expectant mothers need to change their 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 when carrying a child. They are spelled out in Articles 254 and 93. Since not all employers are happy to meet expectant mothers, it is necessary to know well your legal possibilities and freely use them.

According to article 254 of the Labor Code of the Russian Federation, women in a position have the right to the following changes in labor activity:

Decrease in production or service rates.
Transfer to another place of work, where the influence of harmful factors is excluded.
Maintaining the average pay for professional activities, regardless of changes in conditions.

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

This is what is included in the general concept of "easy work". However, the Labor Code of the Russian Federation does not decipher this term in more detail, in connection with which 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 set of sanitary rules and regulations. It is he who quite specifically determines what working conditions are harmful for the expectant mother, and how to organize easy work for her. In addition, there are hygienic recommendations for the employment of pregnant women, which can also clarify this issue.

Easy labor

Transferring an employee to light work during pregnancy is an opportunity to continue her professional activity without harm to health and risk to the baby. There are general conditions that the employer must fulfill in relation to pregnant women. Expectant mothers have the right to:

Refuse night work.
Do not go on business trips.
Do not work overtime, weekends or holidays.

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

Also, for the expectant mother, it is possible to reduce the production or service rate by up to 40%, which does not affect her earnings. It is kept in a medium size.

During the period of bearing a child, work associated with:

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

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

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

Medical certificate

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

A medical certificate must be issued by a gynecologist at the request of a pregnant woman, regardless of the period, as soon as the fact of bearing a child is confirmed. Usually this is a document of the established form, which is certified by the seals of the attending physician and the head of the antenatal clinic.

The law guarantees the expectant mother the possibility of transferring to lighter work. And, if a medical institution refuses to issue a certificate to her, citing an early deadline or other reasons, she has the right to appeal against such a decision.

Usually, a statement addressed to the head of the antenatal clinic with a request to clarify the situation or even an oral appeal is sufficient. Since the transfer to easy labor is an unconditional right of the expectant mother, there are no problems in resolving the conflict.

Having received the conclusion of the gynecologist, the pregnant woman writes a standard application addressed to the employer with a request to transfer her to light work and encloses the conclusion from the antenatal clinic to it.

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

Other benefits

In addition to facilitated work, according to the law, a pregnant woman can add another leave to the sick leave for pregnancy and childbirth. It is also important that leave should be granted regardless of how much time she actually worked in this institution. To do this, you also need to submit an application addressed to the manager and attach a medical certificate.

If the employer refuses to transfer the employee to lighter work, citing the absence of occupational hazards in the workplace, she can contact the labor dispute inspectorate to resolve the conflict. In this case, the law will always be on her side.

It should also be remembered that dismissal during the period of bearing a child is allowed only at the woman's own application. 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 the expectant mother with the opportunity to work without harm to her own health and the development of the child. At the same time, in all cases, she retains the average earnings. It is only important to know well your rights in relation to transfer to light work and not to be led by unscrupulous employers.

An employee cannot fulfill obligations directly or indirectly contraindicated by a doctor. Any attempts to force him to engage in work that is harmful to health after transfer violates the Labor Code of the Russian Federation.

Light activity or light labor - transfer of the worker for a more suitable job for medical reasons... There may be several reasons for such a translation:

work injury;
pregnancy (Article 254 of the Labor Code of the Russian Federation);
raising a child under the age of 1.5 years;
recent surgery;
serious disease.

The Labor Code does not have a clear definition of what “easy work” is, so in each case it is considered individually. The job must be consistent with the doctor's prescription and the median median salary must be maintained at pre-injury / illness levels or higher. Such an employee can only be assigned to overtime work with consent and without causing harm to health.

A boss's evasion or refusal to provide a translation without good reason is considered a violation of labor law. The procedure for the transition to light labor is formalized by Art. 73 of the Labor Code of the Russian Federation.

If the employee refuses to change his activity to a simpler job or the organization does not have suitable vacancies, the employer is obliged to suspend the employee while retaining the place for up to four months.

Salary for this period will not be charged unless otherwise provided by an employment contract, agreement or other paragraphs of the Labor Code and Federal Law. If the period of limited working capacity is 4 months or more (or in the case of the need for permanent translation), the employer has the right to terminate the contract on the basis of Art. 77 of the Labor Code of the Russian Federation.

How to get a medical certificate

Obtaining a certificate of the need for lightweight labor for health reasons is lawful in the following cases:

1. Having a disability. In our case it will be acquired disability that prevents the employee from fulfilling his duties in full.
2. Pregnancy. The most common reason for leaving for another position and easy work. We have already discussed pregnancy as a reason for stress relief in another article.
3. Long-term rehabilitation after operation... These include, for example, spinal surgery.
4. Some species diseases... The longer the recovery period, the greater the chance that the doctor will sign the certificate.
Bodily injury and mutilation. Particularly highlighted are injuries sustained by an employee in the performance of official duties.

The options for moving to a new job may change due to the degree of disability of the employee. The type of certificate that the employee will have to provide to the manager also depends on this.

The format of the certificate may differ depending on the place of issue and the basis for translation into easy labor. The certificate must contain full name and surname. the person who will receive the document, the place and date of the examination, general recommendations on working conditions and the grounds for transfer, as well as a doctor's signature, certified by the seal of the medical institution.

You can get an opinion on the transfer to an easy form of labor in several forms:

the conclusion of the commission or the attending physician (according to Law No. 323-FZ);
a rehabilitation program for a disabled person;
conclusion on the results of a mandatory medical examination in hazardous work (order of the Ministry of Health No. 302n);
a rehabilitation program in the event of an industrial accident;
standard conclusion based on the results of examination in a medical institution (order of the Ministry of Health No. 441n).

When you receive a certificate from the clinic, it will look something like this.

A medical professional has a certificate form that is required in a particular case.

How to make a translation correctly

To transfer to a lighter form of labor, the employee and the employer need to collect a package of documents:

Medical certificate in one of the above options.
Statement in free form or on the model of the company, in which the employee asks to be transferred to a position with different conditions of activity.
Additional agreement, signed by the employee and the manager, which describes their relationship for the period of validity of the certificate.
Transfer order.

So, the algorithm for processing the transfer of an employee to light work will look like this:

The first step is provided by the employee to the employer statement about translation in free form together with the original certificate.
The employer reviews the application and signs suspension order.
In addition to the general director, the document is certified by the chief accountant and all direct management of the employee.
The director can then provide written transfer proposal, indicating the salary and replacement period. The employee may or may not sign the offer.
The translation is made in accordance with Art. 72 of the Labor Code of the Russian Federation and entails changes in employee responsibilities, place of work and salary. All these changes are noted in the supplementary agreement to the employment contract.
Compiled order in standard (T-5) form for transfer to another job... The employee must familiarize himself with the order against signature, receive a new job description and receive regulations that are mandatory upon taking office. You will also have to make an additional entry in the work book if the translation is permanent.

How is it paid

The wages for light work cannot be lower than the average wages for performing ordinary duties. Such an offer is illegal according to Art. 254 of the Labor Code of the Russian Federation.

For example, if before the transfer the employee received about 30,000 rubles a month, then the salary in the new place should be from 25-30 thousand rubles.

An exception is the transition to a part-time working day, when it is issued, the salary is reduced in proportion to the hours worked.

For example, when switching to an incomplete 30-hour week, an employee will legally lose a quarter of his salary, and 30,000 rubles will turn into 22,500.

In the case of a transfer to a position with a noticeably higher salary, the employer needs to be ready to report on the employee's qualifications to the Social Insurance Fund, which can accept such a high-paying job as a fraud in order to increase the amount of the benefit. This could result in the company being denied benefits from the state.

Sick leave and leave

The calculation of sick leave is carried out in a regular manner, as in the normal work mode. We remind you that the allowance is directly related to seniority and earnings. With eight years of experience or more, an employee will receive 100% of the earnings, with an experience of five to eight years - 80%, with less than 5 years of experience - 60%.

Terms of transfer

Transfer to light labor can last both limited (in case of illness and injury) and unlimited time(disability, chronic diseases, injuries). With a medical prescription of up to 4 months, the employer does not have the right to dismiss the employee, only to suspend the employee for a period of reduced working capacity with salary retention, or to offer other comparable options.

If facilitated conditions are required for a period of more than 4 months, then the organization can dismiss the employee with the payment of severance pay.

After the expiration of the term, the employee can retain the new position by mutual agreement with the employer, in which case the term of work in the additional agreement is canceled, and the contract is considered automatically extended. It should also not be forgotten that the employee at any time has access to the option of dismissal of his own free will.

Useful video

Watch a video on what to do if work is contraindicated for health reasons and how to transfer an employee to another job for medical reasons:

In contact with

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. The Labor Code states that a woman is entitled to light labor due to pregnancy. How long does it take to request a translation? 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

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 production rate specifically for her or to arrange a transfer to the appropriate position in order to exclude the influence of destructive factors of production. Light work refers to a professional activity in which the employee spends less physical effort 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,
lifting weights,
conveyor production,
neuro-emotional stress,
interaction with pathogens of various infections, diseases, harmful substances, infrared and UV radiation, radiation, vibration,
work in conditions of pressure drops.

The basis for transferring to more work is a medical report from the attending physician. Without it, the employer has no right to change working conditions.

Rights and obligations

So, women are entitled to light labor during pregnancy. The Labor Code also sets out the rights and obligations of the employer and the mother-to-be.

The main duty of the employer is the timely transfer of the employee to light work. If the management of the enterprise is not immediately able to provide the employee with adequate ones and this will take some time, the woman is temporarily released from work. However, the employer is obliged to pay her for all days of absence from the workplace.

A woman has the right to take annual paid leave. Work experience does not matter here. This leave can be granted both before and after maternity leave.

Another obligation is imposed on the employer by the Labor Code. Light labor during pregnancy presupposes compliance with sanitary requirements. The employer has no right to fire a pregnant woman on his own initiative. However, if the contract has expired, at the request of the employee, it can be extended.

Conditions

Since the Labor Code regulates easy labor during pregnancy, its conditions must meet certain requirements of Russian legislation. In an industrial environment, assembly, packaging and sorting operations must be fully automated. The room in which the pregnant woman works should be sufficiently 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 over, squat or kneel.

The 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 must be done more often, the rate is reduced to 1.25 kg, and no more than 6 kg can be lifted per hour. The weight of goods during the entire shift should not exceed 48 kg.

What other rules are laid down in the Labor Code? Light labor during pregnancy implies a 40% decrease in production rates. If a woman is employed in agriculture, she is completely exempted from these jobs. If the work is done in the office, a woman can work at the computer no more than 3 hours a day. There should be special supports under your feet, and on the chair there should be headrests, armrests, and a seat height adjuster.

Features of light labor

Here are the main features of light labor during pregnancy:

Transfer to light work is possible only on condition that a conclusion of the attending physician is provided.
A woman has the right to refuse to work at a computer.
Does not set a time frame for easy labor during pregnancy Labor Code. How many hours can a pregnant employee work? At the request of the woman, she can be transferred to a shorter working week. Labor is paid in accordance with the hours worked, which does not in any way affect the duration of the holidays.
If the employer cannot provide adequate working conditions, the woman is paid for the days of absenteeism.
Full leave is granted, excluding seniority.
A mom-to-be may refuse to work at night, travel, overtime, and work on weekends and holidays.

Transfer to Light Labor for Pregnancy: Labor Code

According to the first part, employers must reduce the production rates for pregnant employees or transfer them to light work while maintaining the same earnings.

The translation will require not only a medical opinion, but also drawing up an additional agreement to the contract with the employer.

Correct translation

If you rely on the Labor Code, light labor during pregnancy is formalized only with the consent of the employer and the employee. The document is drawn up in writing. The employer acquaints the employee with the proposal to transfer against her signature. Upon receipt of consent to transfer to another position, a separate application is written.

Translation proposal

Signing a job offer leads to the fact that not only the duties and working conditions of the employee change, but also the amount of earnings. According to Article 254 of the Labor Code, its minimum amount must be equal to the average earnings. Every month, while the employee is transferred to light work, a comparison of wages is made in the accounting department.

After signing a job offer, a corresponding order is issued. The employee needs to be familiarized, against signature, not only with him, but also with the job description and other regulatory documents. An entry in a work book is not required if the translation is temporary.

Income tax and insurance premiums

Every month the following are deducted from the salary of a pregnant employee:

income tax,
insurance premiums.

In this case, additional insurance premiums are charged on all payments.

Salary

Sets the amount of wages for easy labor during pregnancy Labor Code. The payment of a pregnant employee is calculated on the basis of 922 and decree of the government of the Russian Federation of December 24, 2007. Its size is established in accordance with the actual 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 total amount paid by the number of days of going to work. The average salary is determined by multiplying the daily rate by the number of days worked.

A medical certificate is issued in a antenatal clinic. You need to understand that it is not necessary to negotiate with the employer about 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 proposes to write a letter of resignation on her initiative, such actions are considered illegal. In accordance with the Labor Code, the employer, if it is impossible to ensure proper conditions, is obliged to pay the employee for the forced time off. In case of refusal to provide light labor and the mentioned payments, the rights of the employee may be defended in court.

Outcomes

Finding an employer who would be delighted with the "interesting position" of their employees was not easy at all times, especially when it comes to a "private trader". However, there is a Labor Code. Every expectant mother deserves light labor during pregnancy, according to this regulatory document. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this, or they must pay for the days of forced time off for the employee. The basis for the transfer is the doctor's opinion.