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 for performing 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 for 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

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 work or related to dangerous and/or harmful working conditions.
Honey. a conclusion issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated May 2, 2012, approving the Procedure for issuing medical reports and certificates by a medical organization after conducting an 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.

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

Cases of transfer to another job exceeding 4 months

In the case where an employee, with a certificate of transfer to light work, requires a 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 the 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.;
poor lighting;
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 enshrined in 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 place.
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 switch 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 the employment contract is terminated. In this case, the employee is paid severance pay, which is equal to his average earnings for 2 weeks.
When an employee needs to switch to light work for a period of more than 4 months, 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 you constantly feel unwell and interfere with normal work activities, you may need to see a doctor.

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

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Certificate for light work

The employee provided a certificate for light work. It is contraindicated to lift weights of more than 5 kg for 1 month. His job involves lifting at least 25 kg. There is no other job. What should we do?

How you should act is told in Article 73 of the Labor Code of the Russian Federation: If an employee who, in accordance with a medical certificate, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have a corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.

What is the difference between a certificate of transfer to light work due to pregnancy and a medical report? The HR department said that the certificate only gives me the opportunity to shorten my working day and eliminate night shifts. And I have to be in the same hazardous room every day, because there are no other options.

Hello! 1. In accordance with Article 254 of the Labor Code of the Russian Federation, pregnant women, in accordance with a medical report and at their request, have production standards, service standards reduced, or such workers are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job. To make a transfer, the employee must submit a medical report in any form or in form N 084/u (clause 14 of the Appendix to the Order of the Ministry of Health and Social Development of Russia dated 02.05.2012 N 441 n, Order of the Ministry of Health of the USSR dated 04.10.1980 N 1030 "On approval of forms of primary medical documentation of healthcare institutions", Letter of the Ministry of Health and Social Development of Russia dated November 30, 2009 N 14-6/242888). Paragraph 2 of Article 254 of the Labor Code of the Russian Federation stipulates that before a pregnant woman is provided with another job 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. Thus, if you provide the employer with the appropriate application and medical report, the employer is obliged to transfer you to “light work” while maintaining the average earnings for your previous position. Perhaps, in this case, the HR department is being somewhat disingenuous, since, as I indicated above, a medical report is issued by a medical organization to a pregnant woman in any form or in form N 084/u. 2. According to clause 13.2 of the Sanitary and Epidemiological Rules and Standards "Hygienic requirements for personal electronic computers and organization of work. SanPiN 2.2.2/2.4.1340-03" (approved by the Chief State Sanitary Doctor of the Russian Federation on May 30, 2003) women with After pregnancy is established, they are transferred to work that does not involve the use of a PC, or their time of work with a PC is limited (no more than three hours per work shift), subject to compliance with the hygienic requirements provided for by sanitary rules. Please note that Article 254 of the Labor Code of the Russian Federation provides for the following: Before a pregnant woman is provided with another job that excludes exposure to adverse production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer. That is, if your employer does not have a suitable position to transfer you to “light labor,” then you are subject to release from work while maintaining your average earnings.

I’m pregnant, I should soon receive a doctor’s certificate about light labor and register. At work I want to refuse additional work (they are not specified in the labor contract). But I already tried six months ago and was rejected. Now there is a good reason for this - pregnancy. But I know in advance that the manager will begin to put spokes in the wheels and will not allow this to be done. Can I record a conversation with an official without warning him about it, and send this recording to the court to confirm the violation of my rights? (If the situation does develop according to the worst-case scenario)

Good afternoon The best thing is to send the application to the employer in writing and stamped through a secretary or by registered mail. In this case, the employer will be obliged to provide you with an answer in writing, which you can safely provide in court.

You have the right to record an audio or video recording; this will be evidence in court or if you contact the labor inspectorate! You are not obligated to recycle unless a processing order has been issued against your signature and you are not paid for it. But this basically does not apply to your pregnancy! You have the right to contact the prosecutor's office, including with a complaint. The Labor Code of the Russian Federation stipulates that a pregnant woman, with the consent of her manager, can reduce her working day! But this is at the discretion of the employer and is not a violation.

If I’m pregnant, the hospital gives me a certificate for light work, but in the organization where I work there is no light work, maybe I should stay at home and they’ll hire a replacement person in my place. I work for three days.

Hello, dear site visitor, I don’t think that you will be put on maternity leave just like that. You will be offered a job as a cleaner, light work or otherwise. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

I’m pregnant, I’m going to apply for a certificate for light work. The specifics of the job are working only at the computer from 9 to 18 5/2. I know in advance that there is no position in the organization not related to computer work and it is unlikely that one will be created for me. Also, labor safety standards are not implemented (the complete absence of this point in the organization, employees did not leave a single familiarization, not a single sign anywhere), from this we can conclude that all SanPin norms on hygiene in general, on hygiene when working with computers and about hygiene for pregnant women. Knowing about all these violations, can I write an application for release from work before maternity leave while maintaining my average earnings immediately? Or is it better to do it step by step, first with a general application for transfer to another position, and then for release?

Hello! If an employee has submitted a medical report on the need to transfer her to another job due to pregnancy and has written a statement about this, then the employer is obliged to enter into an additional agreement with her to change the terms of the employment contract and issue an order for the transfer. If the employer does not have a suitable job to which a pregnant employee can be transferred, then before providing another job, she is exempted from performing her labor function in order to eliminate the impact of unfavorable production factors (Part 2 of Article 254 of the Labor Code of the Russian Federation). In accordance with Art. 76 of the Labor Code of the Russian Federation, the employer is obliged to remove from work (not allow to work) an employee if, in accordance with a medical report, contraindications are identified for the latter to perform work stipulated by the employment contract.

I was given a certificate for light work due to pregnancy. Pregnancy 13-14 weeks. I work at OA "Tander", Magnit store. Having called the office, they told me that this certificate is not prepared in any way and that everything that is written in it is at the discretion of the store director, if I agree, they said that nothing is even spelled out in the law. Is this true and what should I do?

Contact the labor dispute commission, they will resolve your issue. But you need to find out who you work for. In general, you can come and sit on a chair; I have no right to fire you. True, the wages will be paid as specified in the employment contract.

I'm pregnant, 5 months. They gave me a certificate of transfer to light work. I wrote a statement to the boss and attached a certificate. And in a statement she asked to be released from evening duty. At the same time, my working day will still remain 8 hours. To which they refused me, saying why should I be on duty like everyone else? And she intimidated me by depriving me of my bonus. Tell me, what are my actions?

Pregnant women should not be involved in work at night, but they can do it in the evening. Night - from 22.00 to 06.00. There is no other work, which means they must be released from work according to their position and paid the average salary up to the leave according to the BiR. You can complain about your employer to the labor inspectorate and the prosecutor's office. . Transfer to another job of pregnant women and women with children under the age of one and a half years Pregnant women, in accordance with a medical report and at their request, production standards, service standards are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from previous work. Until a pregnant woman is given another job that excludes exposure to unfavorable production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer. When pregnant women undergo mandatory medical examinations in medical organizations, they retain the average salary at their place of work. . Guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, night work, weekends and non-working holidays. Sending on business trips, involvement in overtime work, night work, weekends and non-working holidays is prohibited. pregnant women.

I was given a certificate of transfer to light work, tell me until how long should I work if the store is open from 10.00 to 20.00 in two shifts?

Hello dear visitor to the site, the work schedule is set by the employer, detailed consultation is paid.

Today, on the basis of a certificate from a gynecologist, I was denied light work, it is not available at the enterprise, and they offered me 11-hour shifts sitting at a computer, not a very comfortable chair, almost no lighting. What exactly are harmful factors? So what should I do?

What is needed is not a certificate, but a medical report.

Is the certificate issued for *light labor* advisory or mandatory for the employer?

Hello! In accordance with Article 254 of the Labor Code of the Russian Federation, pregnant women, in accordance with a medical report and at their request, have production standards and service standards reduced, or such workers are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job. To make a transfer, the employee must submit a medical report in any form or in form N 084/u (clause 14 of the Appendix to the Order of the Ministry of Health and Social Development of Russia dated 02.05.2012 N 441 n, Order of the Ministry of Health of the USSR dated 04.10.1980 N 1030 "On approval of forms of primary medical documentation of healthcare institutions", Letter of the Ministry of Health and Social Development of Russia dated November 30, 2009 N 14-6/242888). Paragraph 2 of Article 254 of the Labor Code of the Russian Federation stipulates that before a pregnant woman is provided with another job 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. Thus, if you provide the employer with the appropriate application and medical report, the employer is obliged to transfer you to “light work” while maintaining the average earnings for your previous position.

Where can I find a sample certificate of transfer to light work? The employer does not accept a standard certificate from the antenatal clinic with the signatures of three doctors, because it contains a link to the article and does not specify work restrictions. The work involves being on your feet for 12 hours; most of the time is spent at the computer in the same position.

Hello, you can find any sample on the Internet and write everything yourself in any form, or seek help from lawyers on a paid basis who will compile everything correctly and competently.

The employee brought a certificate of transfer to light work due to pregnancy, but the organization does not have light work for women. What can you offer?

Hello. You can shorten her working hours as an option. What is the employee's position?

I got sick at work. After treatment, the doctor gave me a certificate for light work. How to switch to light work and what the payment will be and for how long the payment will be.

Good afternoon. The transfer is carried out on the basis of your application and medical information. conclusions. In accordance with Art. 73 TK: An employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons. If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts. If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding job, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of this Code . An employment contract with heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with paragraph 8 of part one of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts. In accordance with Art. 182 TK: When transferring an employee who, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, needs another job, to another lower-paid job with a given employer, he retains the average earnings for his previous job for one month from the date of transfer, and in case of transfer due to a work injury, occupational disease or other work-related health damage - until permanent loss of professional ability to work is established or until the employee recovers.

I'm pregnant, I want to get a certificate for light work. I work in a call center, 9 hours at the computer every day, 5/2 from 10:00 to 19:00, everything seems to be according to the norms, can I get some relief from my superiors? I read that you can only use a computer for 3 hours a day, otherwise the employer must transfer you to another job, but we have a call center and all other vacancies also use a computer.

The employer must, based on the certificate, reduce the hours you work on the computer while maintaining your average earnings. Take a certificate and tell the medical center that you work 9 hours at a computer. Write a statement to the Employer referring to Article 254 of the Labor Code of the Russian Federation (Pregnant women, in accordance with a medical report and at their request, have production standards, service standards reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job)

I am pregnant, the clinic issued a certificate of transition to light work. But all that is written there is that they are exempt from night shifts and an 8-hour working day. The very wording of “transition to light labor” does not exist. She asked me to prescribe an exception for nervous or stressful situations. They refused, they said there is no such thing in TC. But at work there is the possibility of moving to a department where this will not happen. What to do?

Hello! You can try to independently submit a statement to the management, in which you reasonably ask to transfer you to a department where there are no unfavorable production factors, referring to Art. 254 Labor Code of the Russian Federation. Please attach a certificate from the clinic to your application.

Honey. the institution was written correctly. If YOU work for a manager who causes you constant stress, write an application to transfer you to another department. Another point is that stress can be for various reasons. You need to understand what is going on with you in order to give further advice.

The employee provided a certificate for light work, but refuses it, and also refuses suspension. How to be.

Refusal on what grounds? Temporary transfer or permanent? If the transfer is permanent, then if he refuses the transfer or the employer does not have the corresponding work, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of this Code. If a temporary transfer (for a period of up to four months) and he refuses, or there is no corresponding work, then the employer is obliged to suspend the employee from work for the entire period with preservation of his place of work and without pay, except in cases provided for by this Code, other federal laws, or a collective agreement , agreements, employment contract ()

Should the doctor write down in the certificate for light work during pregnancy what the employee is not allowed to do or should the general wording “according to the Labor Code...” be sufficient?

Must. In essence, this is not a certificate, but a conclusion for a specific person, which indicates what harmful factors that are possible in a certain job, for a specific employee, should be excluded.

I have a certificate for light work, but I do hard work, what should I do? And the bosses know but don’t give me an easy job. Can I ask an organization for compensation for a violation of my rights without going to court?

It’s unlikely that it will work, you have a medical limitation. Contact the labor inspectorate, but most likely they will simply fire you due to the lack of other work in the organization.

I was given a certificate for light work for 3 months after hospitalization, is the employer obliged to pay for all 3 months?

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. 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.

I am pregnant, they gave me a certificate at the consultation. I work in a store, they transferred me to light work. Closed Saturday - Sunday. That's what the order says. Should I also go to work on holidays or not? Thank you.

Hello Elena! In this situation, you need to clarify this point with your employer. The main provisions are regulated by Articles 93 and 254 of the Labor Code of the Russian Federation. Check with your employer specifically if you plan to continue working after maternity leave. Good luck!

Hello. If the order specifies weekends as Saturday and Sunday, then holidays are not taken into account. Only days by order will be days off. The order must be issued on the basis of the submitted honey. conclusions.

The doctor issued me a certificate of transfer to light work on 08/10/18. The HR department at work refuses to transfer it on 11/02/18 because it was supposed to be transferred on 08/10/18. Is it really impossible to transfer using this one and do you need to go for a new certificate?

The HR department protected itself. The best option would be to take a new certificate dated November or write an explanatory note to the HR department indicating the reasons for receiving the certificate dated 08/10/2018 and providing it only on 11/02/2018. Attach to it an application for transfer to light work from 02.11., in which you indicate that you assume all risks for late provision of a certificate and out-of-date translation.

I have this question. After the operation, I was given a certificate for light work for 6 months. The employer provided a lower-paid position and they say that they will pay only 1 month according to the average salary, and the remaining 5 months I will receive according to a new low-paid position! Is this true?

Hello, Andrey. Temporary transfer to another job for a period of up to one month without the consent of a specialist is allowed in three cases (Article 72.2 of the Labor Code): to prevent or eliminate the consequences of a catastrophe, accident, accident, natural disaster, etc., during downtime, in other words temporary suspension of work for reasons of an economic, technological, technical or organizational nature, if necessary to prevent destruction or damage to property, as well as to replace an employee whose absence is caused by emergency circumstances specified in the first case. The transferred specialist is remunerated according to the work performed, but not below the average earnings in his previous place. If the new job requires lower qualifications, his written consent is required.

Legislation establishes the possibility of preserving the health of the expectant mother and baby through labor protection. It consists of creating special working conditions for a pregnant woman that will contribute to the harmonious, healthy intrauterine development of the fetus. The Labor Code grants the expectant mother not only the right to light work during pregnancy, but also certain financial guarantees, as well as preservation of her job.

Today, women often do not inform their employer about pregnancy for fear of losing their job. But the conditions in which she works can be unfavorable for the development of the fetus and harm its health. Therefore, every woman should understand what light work is during pregnancy, how it is paid, and what to do if the employer does not provide such conditions?

The Labor Code does not contain a clear definition of “light labor during pregnancy.” But the employer’s obligation, in the presence of a medical certificate, is legislated to reduce production standards or transfer the woman to easier work that excludes the influence of harmful production factors. At the same time, the average earnings of the worker should be retained.

Light work implies professional activity that requires less physical effort and does not have an adverse effect on the development of the fetus.

A pregnant woman should not perform work related to:

A woman can exercise her legal right to transfer to light work only after providing the employer with a medical report. Without this certificate, the employer is not obliged to change the working conditions.

Rights and Responsibilities

The main responsibility of the employer is to transfer the pregnant employee to light work if she provides a medical report. If the employer cannot immediately provide a pregnant woman with suitable working conditions, and he needs time to resolve this issue, then she is released from work for this period, and the employer pays for all days the employee is absent from work.

A pregnant woman has the right to full annual paid leave. In this case, it does not matter at all how long the woman worked at the enterprise. Such leave is granted at the request of the employee either before maternity leave or immediately after it.

It is the employer's responsibility to comply with sanitary standards in the pregnant woman's workplace. In addition, the legislation guarantees its preservation for the woman in the position. The employer cannot terminate the employment relationship with her on his own initiative. If the term of the employment contract has come to an end, then, at the request of the employee, the employer is obliged to extend the agreement.

Terms

The work of a pregnant woman, regardless of what field she works in, must meet the conditions specified by law. So, in industry, if the activity is related to assembly, sorting, packaging, operations must be automated. At the same time, the employer is obliged to take care of sufficient lighting in the room to prevent eye strain. Light work during pregnancy should completely eliminate increased emotional stress.

A pregnant woman should not work in a draft, with wet clothes and shoes, or with sudden changes in pressure. It should not be exposed to harmful chemicals, aerosols, vibration or ultrasound. During pregnancy, a woman is strictly prohibited from engaging in activities related to pathogens.

The employer is obliged to provide such working conditions that will eliminate the need for an employee to constantly remain in the same position during pregnancy (constantly sitting or constantly walking is prohibited). Also, work cannot be performed in a squatting, kneeling, bending position, or focusing on the stomach or chest.

The professional duties of a pregnant employee cannot be associated with lifting objects from the floor, above shoulder level, or straining the abdominal muscles. A pregnant woman can lift weights (no more than 2.5 kg) no more than 2 times per hour. If such frequency cannot be observed due to technological conditions, then the weight is reduced by half. But within an hour the total weight can be no more than 6 kg. In general, the weight of the load during a shift should not exceed 48 kg.

When performing piecework work, the production rate is reduced by 40%. However, pay for light work during pregnancy is not reduced. If a woman works in agriculture, then during pregnancy she is exempt from work related to livestock and crop production. Moreover, this applies from the first day of confirmation of pregnancy.

Working conditions in the office imply the right of a woman not to work with computers. If this is not possible, then work time should be reduced to 3 hours a day. For women, there is a corrugated footrest and a chair that meets special parameters: rotating, with a headrest, armrests and a high back, which must be adjusted in height.

Peculiarities of work of pregnant women

Features of the work of a pregnant woman include:

The right to switch to light work with a medical certificate.
The right to refuse to work at a computer.
Possibility of switching to part-time work. Payment is made in proportion to the time worked; the duration of vacation is not affected by the work schedule.
The right to receive payment for days of forced absence if the employer cannot immediately provide her with the required working conditions.
Receiving full leave regardless of length of service at the enterprise.
The right to refuse business trips, not to work night shifts, not to work overtime, on weekends and holidays.

It is impossible to fire a pregnant woman at the initiative of the employer, even if the woman did not inform him of her situation when she was hired. If an employee was hired for a certain period, but the employment contract has ended, she only needs to write an application to extend the agreement and attach a medical certificate confirming pregnancy. And only after the end of pregnancy, the employer, within a week, can dismiss the employee with whom the employment contract has expired.

But the dismissal of a pregnant woman can be legal in the only case: if the employment contract with her was concluded for the period of performance of the duties of an employee who is temporarily absent from work. The employer is obliged to offer the woman all available vacancies suitable for her. And only in the absence of such can she be fired.

Payment terms

As soon as a woman presents a medical report indicating that she needs to perform lighter work, the employer is obliged to eliminate conditions that could adversely affect her health and the development of the fetus. When transferring to another job, the salary may differ and not always in a favorable direction for the employee. Light work during pregnancy has specific payment requirements.

The employer must do the following:

if the salary established by the staffing schedule for a new job is lower than the previous one, then the difference is set as an allowance and the full salary is paid;
if the salary at the new job is higher, then a new salary is paid;
if the employee remains at her previous job, but the workload is reduced, then earnings are paid in an amount not lower than the average for the previous period.

Also, a pregnant woman may express a desire to work part-time or a week. This right is reserved to her by law. In this case, the employer is obliged to pay her for her work in proportion to the time worked. All losses of the employer associated with the payment of pregnant women are borne by the employer himself. In this case, the FSS does not reimburse any expenses.

If the working conditions of a pregnant woman include restrictions on working posture, drafts, wet clothes and shoes, changes in atmospheric pressure, low light, high temperature in the workplace (more than 35 degrees), or the need to walk more than 2 km per shift, she has the right to transfer to easier work.

The first step of a pregnant woman in this direction should be to contact the antenatal clinic with her attending physician, who, at her request, is obliged to issue her a medical certificate on the need to transfer to light work. After this, the employee provides the employer with a conclusion and a statement requesting the transfer.

It should be understood that there is no need to negotiate with the employer. Transferring a pregnant woman to light work in the presence of a medical certificate is not a gesture of goodwill, but the responsibility of the employer.

If the employer claims that light work is impossible at this workplace and invites the employee to resign of her own free will, his actions are illegal. According to the code, if an employer cannot provide a pregnant employee with adequate working conditions, she has the right to be absent from the workplace. In this case, the employer pays for all the time missed by the woman for this reason based on average earnings.

If the employer refuses to provide easier working conditions and does not want to pay for the absence of a pregnant woman from work, the employee can defend her rights in court. A woman has the right to refuse to perform work if it threatens her health, and she must notify the employer in writing. After this, you should go to court.

The reality is that an employer is unlikely to be delighted with an employee’s pregnancy, much less with the obligation to provide her with more comfortable working conditions. It will be even more difficult for him to get used to the idea that if he refuses to transfer a pregnant worker to light work, she has the right not to go to work, and the employer will have to pay her the average wage. The main thing in this situation is to know your rights. A medical report and the labor code will help a woman defend them. The court will always take her side, since preserving the health of the expectant mother and baby is a national task.

Useful video about the peculiarities of work of pregnant women

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Pregnancy is considered a woman’s natural state, so the expectant mother cannot be completely relieved of work. But many have encountered the fact that when carrying a baby it is extremely difficult to even think about their responsibilities. What is the best thing to do in such a situation?

Pregnancy and work

It is difficult to say at what point the expectant mother starts thinking about taking a vacation. Every trimester of pregnancy brings its own difficulties into a woman’s life. And first of all, this is reflected in work.

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

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

Late pregnancy is the most unfavorable period for fulfilling 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 a woman’s thoughts are focused on impending motherhood, and professional interests fade into the background.

However, not only these factors influence 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 ordinary activities during pregnancy can have a negative impact on the body of the expectant mother and child. The following types of work are most often harmful to women:

Associated with lifting various weights, especially from the floor. It is also unsafe to lift weights above shoulder level.
During monotonous work, especially when the working posture is forced. When carrying a baby, you should not rest on your chest or stomach, or 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 professions fall into the category of harmful ones, however, sitting at a computer for a long time can also have a detrimental effect on the course of pregnancy, especially if the workplace is not properly equipped.

Often, expectant mothers need to change their working conditions. This is regulated by the Labor Code of the Russian Federation (LC RF) and is defined as the right to light work. 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 bearing a child. They are spelled out in articles 254 and 93. Since not all employers are happy to accommodate expectant mothers, you need to be well aware of your legal options and use them freely.

According to Article 254 of the Labor Code of the Russian Federation, women in this situation have the right to the following changes in their work activities:

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

Article 93 of the Labor Code gives the right to an employee in a position 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 precisely what is included in the general concept of “light work”. However, the Labor Code of the Russian Federation does not decipher this term in more detail, and therefore disagreements may arise between the employer and the pregnant woman. And in such a situation, a document called SanPiN comes to her aid.

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

Easy work

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

Avoid night work.
Don't go on business trips.
Do not work overtime, weekends or holidays.

However, if a 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 medium size.

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

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

Special requirements are also imposed on the workplace. A chair for a pregnant woman should have an adjustable back and seat and rotate. A cutout is required in the tabletop. A footrest is also highly desirable.

The transfer of an employee to light duty work is carried out upon her application, to which is attached a medical document from the housing complex.

Medical certificate

A certificate from the antenatal clinic is a medical report from the attending obstetrician-gynecologist. It indicates the very fact of pregnancy, the need to transfer the woman to light work and recommendations regarding light work. As a rule, the doctor provides only general recommendations, and the employer selects a new workplace for the employee in accordance with 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 opportunity to transfer to lighter labor. And, if a medical institution refuses to issue her a certificate, citing early deadlines or other reasons, she has the right to appeal such a decision.

Usually, an application addressed to the head of the antenatal clinic with a request to clarify the situation or even a verbal appeal is sufficient. Since transfer to light work is the unconditional right of the expectant mother, problems in resolving the conflict do not arise.

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

Until the transfer, the expectant mother can refuse work associated with harmful conditions, while, according to the law, she will retain average wages.

Other benefits

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

If an employer refuses to transfer an employee to light work, citing the absence of occupational hazards in the workplace, she can contact the labor dispute inspectorate to resolve the conflict. 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 request. A certificate from the antenatal clinic confirming pregnancy will be a guarantee of her protection in this situation.

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, her average earnings are retained. It is only important to know well your rights regarding transfer to light work and not follow the lead of unscrupulous employers.