Often pregnant employees are transferred to light work at their request. They sign an additional agreement to the employment contract and set a salary equal to the average earnings for their previous job. Read the article on how to properly fill out documents and calculate payments.
Based on a medical report and an application from a pregnant employee, the employer is obliged (Part 1 of Article 254 of the Labor Code of the Russian Federation):
-reduce its production (service) standards;
- or transfer her to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings for her previous job.
It is not always possible to immediately transfer a pregnant employee to another job. In this case, the employer will have to:
-free her from work;
- pay her the average salary for all working days missed due to release.
This procedure is established in part 2 of article 254 of the Labor Code and paragraph 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1.

How to properly apply for release from work

If it is impossible to provide a pregnant employee with light work or work that excludes exposure to harmful or dangerous production factors, the employer must issue an order to release her from work.
During the period of release from work, the employee cannot receive wages (Part 3 of Article 76 of the Labor Code of the Russian Federation). She is paid for missed working days in the amount of average earnings for her previous job (Part 2 of Article 254 of the Labor Code of the Russian Federation).

Example 1

Registration of temporary release of a pregnant employee from work
Employee of PJSC "Ocean" E.M. Akulova, a test engineer of the 3rd category, on December 22, 2014, submitted to the employer a medical report and an application for transfer to light work due to pregnancy. While searching for a suitable job, the employee was released from work with payment of average earnings. The employee's release from work must be documented.
Solution
The employer formalized the release from work by order. There is no unified form for such an order; it can be drawn up in any form (sample 1 below).

Sample 1 Order on release from work

In the time sheet according to the unified form No. T-12 or according to the form developed by the company, the period of release from work will be marked with the letter code “NO” or the number 34 (sample 2 below).

Sample 2 Fragment of a time sheet in December 2014

How to properly process a transfer to light work

Transfer to light work is permitted only by agreement of the parties to the employment contract. The employer sends the pregnant employee a written offer to transfer to light work. The employee must be familiarized with it against signature. If the employee agrees with the transfer to a new position, she expresses her consent by making a note on the transfer proposal or by making a separate statement (sample 3 below).

Sample 3 Proposal for transfer to light work

Since, when transferring to another position, the terms of the employment contract determined by the parties change, the changes are formalized by agreement in writing (Article 72 of the Labor Code of the Russian Federation).

Such a transfer will entail:

Temporary change in the employee’s labor function;

Change of his place of work (structural unit);

Changes in wages.

New salary for an easy job

The additional agreement to the employment contract does not need to indicate the specific amount of the employee’s new salary. The Labor Code determines its lower limit - the average earnings for the previous job.

The salary calculated on the basis of the average earnings for the previous job may be more in one month, and less than the earnings calculated on the basis of the employee’s new salary in another month.

Every month, as long as light work lasts, the accountant will have to make a comparison. To do this, it is more convenient to take the daily average earnings for the previous job and the salary for the new job.

We’ll show you with an example how to transfer a pregnant employee to light work.

Example 2

Entries in the additional agreement to the employment contract on transfer to light labor

Let's continue with example 1. Employee of PJSC "Ocean" E.M. Akulova, a test engineer of the 3rd category, on December 22, 2014, submitted to the employer a medical report and an application for transfer to light work due to pregnancy.

While searching for a suitable job, the employee was released from work and paid an average salary.

On January 12, 2015, the employee, with her consent, was transferred to light work in the certification department as a specialist. The salary for the previous position is 27,800 rubles. per month, and for a new position - 26,500 rubles. per month.

It is necessary to document the transfer to light work.

The employer needs to enter into an additional agreement with the employee to the employment contract (see sample 4).

Sample 4 Fragment of an additional agreement to an employment contract

Based on the additional agreement, the employer issues an order for a temporary transfer. He can use the unified form No. T-5 or a independently developed form.

Using the unified form No. T-5 is not entirely convenient; it contains lines for indicating the tariff rate (salary) for a new position in rubles and kopecks. And in the case of transfer to light work, the amount of average earnings retained will be different in each month depending on the number of working days. We will draw up an order in any form (sample 5 below).

Sample 5 Order on transfer to light labor

A pregnant employee needs to be informed:

With an order for temporary transfer against signature;

Job description for the new position;

Other local regulations related to work in a new position.

In the work time sheet according to the unified form No. T-12 or the form developed by the company, the period of transfer to light labor will be marked with the letter code “I” or digital 01 (sample 6 below).

Sample 6 Fragment of a time sheet in January 2015

An entry about transfer to light work must be made in section III “Hiring and transfers to another job” of the employee’s personal card in form No. T-2 (sample 7 below). The employee must be familiarized with the recording against signature.

Sample 7 Section III of the personal card “Hiring and transfers to another job”

The salary after transfer to light work was higher than before

If the salary for the work performed turns out to be higher than the salary for the previous position, the employer must be prepared to prove to inspectors from the Federal Social Insurance Fund of the Russian Federation that the pregnant employee has the special education, qualifications or work experience necessary for the higher-paid position. Otherwise, they may regard such a transfer before maternity leave as an artificially inflated payment in the pay period in order to increase the amount of the benefit, and try to refuse the company to reimburse the maternity benefit.

The rules for transferring to easier working conditions are regulated by. It states that pregnant women, in accordance with a medical report and at their request, need to reduce production and service standards or transfer them to another job where there are no harmful production factors. At the same time, the company is obliged to maintain the woman’s average salary in her previous position. And if there is no suitable vacancy, the pregnant woman must be released from work while maintaining the average income for all days of release.

Is it harmful?

The first thing employers need to determine is whether the work the employee is currently doing is harmful or not. And, therefore, is it necessary to introduce easier working conditions? This will require the results of a special assessment of working conditions. If the class of working conditions is 3.1 or higher, then there are harmful factors that must be excluded.

But it is not always possible to “rely” on the results of a special assessment. A striking example of such a restriction is traveling employees, for whom assessments do not need to be carried out. And then companies have to act at their own discretion. To avoid risks, I recommend meeting the pregnant employee halfway. If she says that traveling work is dangerous for her or, for example, a medical representative is afraid to go to clinics for fear of viruses, it is better to exclude a “dangerous” type of activity - cancel traveling or provide office work.

Why is an application necessary?

If the company has received a medical report from the employee and, taking into account the data of the special assessment, will introduce easier conditions for her, it is necessary to prepare two documents. The first is an additional agreement to the employment contract on changing the working hours, which will spell out new conditions. In addition, another document is important - an application for the provision of easier working conditions. This will confirm that the transfer is the employee’s desire, and not just the employer’s initiative. But if a woman does not write this document while pregnant, this indicates that she does not plan to transfer to “light labor,” and the employer does not unilaterally have the right to change her conditions. This nuance is very important from the point of view of compliance, and inspectors will definitely request this document during the inspection. Such a transfer will be valid until the employee goes on maternity leave, but this nuance must be specified in the additional agreement before the introduction of light work, and no documents need to be drawn up when its validity period expires. The agreement will expire, and the employee will go on a long-awaited vacation.

Is it possible not to transfer to light labor?

Many employers do not even try to evaluate and analyze requirements, but introduce “light work” to almost everyone who asks for it. Hence the dream of almost every pregnant employee that the company would send her home while maintaining her average salary due to the lack of “suitable” vacancies. And this often happens: a woman sits at home, receiving money, and the company temporarily loses a staff member, but continues to bear the cost of her salary. Or he hires another employee to replace her, for example, under a fixed-term employment contract, while spending double the amount of money on wages.

However, translation is not always necessary.

Let's look at the situation of one of the BLS clients. The pregnant employee served as a medical representative and made visits to pharmacies and clinics. She brought a medical certificate confirming her transfer to light work. But the employer doubted the need to change working conditions. His position was based on "", approved. State Committee for Sanitary and Epidemiological Surveillance of Russia on December 21, 1993, Ministry of Health of Russia on December 23, 1993. According to this document, a pregnant woman should not walk more than two kilometers per day. Knowing the standard route from its plan, the company doubted that this limit had been exceeded. A special commission was created that measured the length of the employee’s route and made sure that the norm was not violated. And taking into account the assessment card of her workplace, it was concluded that her work was not hard. I would like to add that the employee then contacted the State Tax Inspectorate with a complaint, but based on the results of the inspection, the company’s actions were found to be correct.

In other words, if the company has good reasons to doubt the need to transfer to light work, it is definitely worth checking the working hours and working conditions of the pregnant employee before agreeing to her transfer.

Computer work and remote work

There are at least two more conditions that cannot be a reason for transferring to easier working conditions.

Firstly, many employees ask to be transferred to light duty based on the fact that they work on a computer, which, according to them, is a dangerous factor. But this is not entirely true. The harmfulness of such work can only be determined by the results of medical examinations. The employer is obliged to carry them out in accordance with the standards. But we are talking about cathode ray tube monitors, whereas now almost all workers have safer LCD screens. And then the harmfulness of the computer can only be determined by the special assessment that I mentioned above. Today, perhaps, there are no longer such computers, which by default are the reason for transferring to light work. This position was confirmed by the Russian Ministry of Labor in its statement, indicating that personal computers with certificates of compliance with safety requirements are not a source of harmful production factors.

And secondly, you can “close” the issue by drawing up an employment contract with your employees on remote work (). In this case, there is no obligation to transfer the employee to light work, since she can work in any place convenient for a pregnant woman, for example, from home. But for such work it is necessary to conclude a separate form of agreement. Naturally, this will require terminating the current employment contract and signing a new one. But remote work is being introduced not only because there is no need to transfer to light work - this is just one of the advantages of the relevant contracts. In any case, it is necessary to introduce “distance” in advance, and not when you receive a certificate from an employee. This is a serious project that requires serious time and labor. But employers should definitely think about this.

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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 work,” 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 exempt 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 even nothing is 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 the heads of organizations (branches, representative offices or other separate structural units), 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, 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 is the general wording “according to the Labor Code...” 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 other work 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.

Normative legislative documents do not provide a specific explanation of the term “light activity”. This term implies the likelihood of a worker moving to another job in accordance with more convenient circumstances for him to fulfill his statutory obligations.

The reason for such a transition may be work-related injuries, surgery, pregnancy, serious illness, or the presence of a child under one and a half years old in the family. If the boss evades compliance under these conditions, this is a direct violation of the law.

Light work for health reasons is recommended for people with disabilities

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 ( ).

During the period of suspension from work, the employee’s wages are not accrued, except in cases provided for by this Code, other federal laws, 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 the heads of organizations (branches, representative offices or other separate structural units), 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 in cases provided for by this Code, other federal laws, a collective agreement, or an employment contract.

Cases of transition to easier working conditions for medical reasons

Transfer to light work - for pregnant women

The transfer of a worker to lighter work on medical grounds implies that he will be able to fulfill his statutory obligations without doing anything that is not recommended by a doctor due to his state of health.

Such a procedure takes place with the obligatory written consent of the worker in accordance with Article 73 of the Labor Code. This opportunity is extremely significant for blue-collar workers, workshop or factory workers, drivers, etc.

Transfer of a worker based on health status is provided to employees who are unable to fulfill their statutory obligations at their current place of work for the following reasons:

• The presence of operations of a certain type.
• Diseases of a certain type.
• Presence of bodily injuries and injuries.
• The presence of bodily injuries and injuries that were received directly at work.

For example, a production worker underwent spinal surgery. He has the right to appeal to management with a request to move to another job where there will be no adverse impact on his back. Or an employee with a leg injury may be temporarily assigned to a position that will make it possible not to use this part of the body, etc.

Often the reason for switching to another type of work is a woman’s pregnancy. There is a specialized list of rules fixing the established acceptable working conditions for this group of workers.

To switch to light work, you need to provide a medical certificate

1. Poor lighting.
2. Spraying chemicals.
3. Physical effort (lifting heavy objects, standing for a long period, sitting for a long time in an uncomfortable position, etc.).
4. The presence of emotional stress and nervous tension.
5. The need for multiple business trips. Management has the right to send an employee in this position only with her consent.
6. Fulfilling statutory obligations at night or after hours, etc.

The employer has the right to employ employees with disabilities in work after hours, on holidays or weekends only with their approval and if it is impossible to cause damage to their health.

In particular, this group of workers has grounds for no less than 30 calendar days, which are paid, or unpaid leave of at least 60 days.

Required package of documents

To transfer a worker to an easier type of work, you need to prepare the following package of documents:

1. Medical certificate. The worker is obliged to provide it to the employer, and it is the basis for his transfer to an easier job due to pregnancy, guided by the Labor Code of the Russian Federation (the conclusion of a gynecologist with the prescribed period of pregnancy).
2. A written request from a worker in which he confirms his desire to change his working conditions.
3. An additional agreement to the employment contract, the body of which specifies the updated conditions for fulfilling statutory obligations and the period of such transition.
4. An order in a standardized form on the transition of a worker to another activity.
5. Making an entry in a personal card.

The procedure for making the transition

The employer must oblige to accommodate an employee who needs easy working conditions

How to transfer a worker to easier working conditions based on his state of health? When performing such a transfer of an employee, it is necessary to take into account the following points fixed by law:

• During the period when the management of the enterprise makes a decision to transfer an employee to another position based on a medical diagnosis, the employer is obliged to maintain the average salary for the worker. During this period, the employee may, on the basis of the law, not fulfill previous obligations that are contraindicated for him based on his state of health.
• In the situation with a woman who is carrying a child, the change in type of activity will take place before the end of the pregnancy. For such an employee, the employer undertakes to maintain the average salary that she received in her previous position for the entire specified period.
• When a worker transfers, on the basis of a medical diagnosis, to a position with a lower salary, the employer undertakes to maintain for him the average salary of his previous activity for 1 month.
• If the basis for changing activities to a lighter one is an injury received at work or the occurrence of an occupational disease, then the employer undertakes to maintain the average salary for him until the stage of establishing an uncompromising loss of professional fitness or until his final recovery.
• If a worker needs to change the type of activity for a period of up to 4 months, but rejects the options provided or the management of the enterprise does not have options for his placement, then his current position is retained without payment of salary until he returns to the workplace.
• If a worker needs to change the type of activity for a period of more than 4 months, but rejects the options offered to him or the management of the enterprise does not have options for his employment, then the employment contract with him ceases to be valid. In this case, the worker is obliged to receive severance pay upon dismissal, which is approximately equal to the average salary for 2 working weeks.
• At the end of the period for transition to easier operating conditions specified in the additional agreement to the employment contract, the worker undertakes to begin fulfilling previous statutory obligations.
• If the period of transition to easier working conditions fixed in the additional agreement has ended, and the worker fulfills statutory obligations at the previous place of work and does not protest about this, then the period fixed in the agreement becomes invalid and the transition to a new position becomes permanent.

Based on the above, the presence of an appropriate medical diagnosis makes it possible for several groups of workers to change their activities to an easier one. For such a transition it is necessary to collect a certain

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

Labor Code of the Russian Federation: pregnancy, light work

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

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,
• nervous-emotional tension,
• interaction with pathogens of various infections, diseases, harmful substances, IR and UV radiation, radiation, vibration,
• work under conditions of pressure changes.

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

Rights and Responsibilities

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

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

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

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

Terms

Since the Labor Code regulates light work during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which a pregnant woman works should be sufficiently light, dry, and draft-free. Work, as mentioned above, should not be accompanied by psycho-emotional stress. It is also prohibited 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 needs to be done more often, the norm is reduced to 1.25 kg, and no more than 6 kg can be lifted per hour. The weight of cargo during the entire shift should not exceed 48 kg.

What other rules does the Labor Code establish? Light work during pregnancy implies a reduction in production standards by 40%. If a woman is employed in agriculture, she is completely exempt from this work. If the work is done in an office, a woman can work at a 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:

1. You can transfer to light work only if you provide a doctor's report.
2. A woman has the right to refuse to work at a computer.
3. The Labor Code does not establish a time frame for light work during pregnancy. How many hours can a pregnant employee work? If a woman wishes, she can be transferred to a shortened working week. Labor is paid in accordance with the time worked, which does not in any way affect the duration of vacations.
4. If the employer cannot provide adequate working conditions, the woman receives payment for the days she is absent.
5. Full leave is provided without regard to length of service.
6. The expectant mother may refuse to work at night, business trips, overtime, as well as work on weekends and holidays.

Transfer to light work during pregnancy: Labor Code

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

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

Correct translation format

If we rely on the Labor Code, light work during pregnancy can only be done with the consent of the employer and employee. The document is drawn up in writing. The employer introduces the employee to the offer of transfer against her signature. Upon receipt of consent to transfer to another position, a separate application is written.

Transfer proposal

Signing a job offer leads to a change in not only the employee’s responsibilities and working conditions, but also the amount of her earnings. According to Article 254 of the Labor Code, its minimum amount should be equal to average earnings. Every month, while the employee is transferred to light work, the accounting department compares wages.

After signing the job offer, a corresponding order is issued. The employee must be familiarized with signature not only with it, but also with the job description and other regulatory documentation. An entry in the work book is not required if the transfer is temporary.

Income tax and insurance premiums

The following are deducted monthly from the salary of a pregnant employee:

• income tax,
• insurance premiums.

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

Remuneration

The Labor Code establishes the amount of wages for light work during pregnancy. Payment for a pregnant employee is calculated based on Resolution 922 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 signing of the agreement. The basis is the average daily salary, which is calculated by dividing the entire amount paid by the number of days back to work. The average salary is determined by multiplying the daily rate by the number of days worked.

A medical report is issued at the antenatal clinic. You need to understand that there is no need to negotiate with the employer about changing working conditions, since this step is his direct responsibility. If the management of an organization claims that there is no easy work for an employee and offers to write a letter of resignation on her initiative, such actions are considered unlawful. In accordance with the Labor Code, if it is impossible to provide appropriate conditions, the employer is obliged to pay the employee for forced time off. In case of refusal to provide light labor and the mentioned payments, the rights of the worker can be defended in court.

Results

Finding an employer who would be delighted with the “interesting position” of his employees has always been difficult, especially if we are talking about a “private owner”. However, there is a Labor Code. According to this legal document, every expectant mother deserves easy work during pregnancy. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this or must pay for the days of forced time off to the employee. The basis for transfer is the doctor's opinion.