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

Articles of the law

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

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

Production standards

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

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

Unfavorable factors

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

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

And earnings

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

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

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

If there is no work

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

What if the company cannot currently offer an easy job to its employee? What does the Labor Code say? In this case, pregnant women are subject to suspension from work. And it is allowed to resume it only when the negative ones are eliminated and the transition to easy work occurs.

The key feature is that under such circumstances a pregnant girl cannot be cut. That is, the employee does not work, but receives the same earnings as when performing her official duties. Funds are allocated from the employer's budget.

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

Dispensary examination

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

In other words, during a medical examination, no one has the right to fire a pregnant woman, nor to “cut” her salary. This feature must be taken into account without fail. True, we are only talking about mandatory medical examination. Not the most common occurrence, but it does happen.

Already given birth

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

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

Only upon request

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

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

When to contact

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

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

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

Part-time work

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

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

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

How much will they pay

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

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

Impact on labor rights

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

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

How does it actually turn out?

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

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

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

An employee cannot perform obligations that are directly or indirectly contraindicated by a doctor. Any attempts to force him to do work harmful to his health after the transfer violate the Labor Code of the Russian Federation.

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

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

The Labor Code does not have a clear definition of what “light labor” is, so in each case it is considered individually. The job must be as prescribed by the physician and the average median salary must be maintained at or above pre-injury/illness levels. Such an employee can only be involved in overtime work by consent and without causing harm to health.

Evasion or refusal by the boss to provide a transfer without valid reasons is considered a violation of labor laws. The procedure for switching to light labor is formalized by Art. 73 Labor Code of the Russian Federation.

If an employee refuses to change activities to a simpler job or the organization does not have suitable vacancies, the employer is obliged to suspend the employee with retention of position for up to four months.

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

How to get a medical certificate

Obtaining a certificate of the need for light work due to health reasons is legal in the following cases:

1. 1. Having a disability. In our case it will be acquired disability, preventing the employee from performing his duties in full.
   2. Pregnancy. The most common reason for leaving for another position is light work. We have already discussed pregnancy as a reason for lightening the load in another article.
   3. Long-term rehabilitation after operation. These include, for example, spinal surgery.
   4. Some types diseases. The longer the recovery period, the greater the chance that the doctor will sign the certificate.

   Bodily injury and mutilation. Particular attention is paid to injuries sustained by an employee in the performance of official duties.

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

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

You can receive a conclusion on transfer to light work in several forms:

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

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


The medical professional has the form of certificate required in a particular case.

How to properly prepare a translation

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

• Medical certificate in one of the above options.
• Statement in free form or according to the company’s model, in which the employee asks to be transferred to a position with different operating conditions.
• Additional agreement, signed by the employee and the manager, which describes their relationship for the period of validity of the certificate.
• Order for transfer to a position.

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

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

How is it paid?

Wages for light work cannot be lower than the average salary for performing ordinary duties. Such a proposal is unlawful according to Art. 254 Labor Code of the Russian Federation.

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

An exception is the transition to part-time work; when this is done, the salary is reduced in proportion to the hours worked.

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

In the case of a transfer to a position with a noticeably higher salary, the employer needs to be prepared to report on the employee’s qualifications to the Social Security Fund, which may consider such highly paid work as fraud in order to increase the amount of benefits. This may result in the company being denied reimbursement of government benefits.

Sick leave and vacation

Sick leave is calculated as usual, as in normal work. We remind you that the benefit is directly related to length of service and earnings. With eight years of experience or more, the employee will receive 100% of earnings, with five to eight years of experience - 80%, with less than 5 years of experience - 60%.

Transfer deadlines

Transfer to light work can last either limited (in case of illnesses and injuries) or unlimited time(disability, chronic diseases, injuries). With a medical prescription for up to 4 months, the employer does not have the right to dismiss the employee, only to suspend him for the period of reduced working capacity while maintaining his salary, or offer other comparable options.

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

After the end of the term, the employee can retain a new position by mutual agreement with the employer, in which case the term of work in the additional agreement is canceled, and the contract is considered automatically extended. Do not also forget that the employee has the option of resigning at his own request at any time.

Useful video

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

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If certain life circumstances occur, citizens who are employed on an official basis may apply for a transfer to another position with easier conditions.

The responsibilities assigned to them in this case must be consistent with the state of health of the patients. The main goal of translation is to create more comfortable working conditions.

Under what conditions is it issued?

Is it given for transfer after surgery?

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

During this period, the employee may be transferred to light work.

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

Consequently, he requires exemption from this type of work.

It is important to take into account that the employer does not have the right to refuse to transfer an employee to light work. An important role in this is played by the validity period of the medical certificate, namely recommendations on the duration of light work.

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

A possible scenario is that the working citizen will continue to work in a new position after the end of 4 months. In this case, the work is considered to have become permanent. If such circumstances occur, it is necessary to make changes to the employee’s work book.

What does the document give the employee?

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

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

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

Workers with disabilities can also apply for work that is appropriate to their health status.

How should it be formatted?

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

Each medical institution has the right to use a form developed by the organization independently.
The header of the certificate must contain the following information:

• name of the institution issuing the document;
• organization address;
• place and city of drawing up the paper;
• the serial number assigned to the conclusion.

• patient's initials;
• a description of the situation in connection with which there was a need to transfer to light work;
• official duties from which a citizen should be removed and recommendations that must be followed during work;
• references to regulations governing the translation procedure. For example, in the case of pregnancy, these are Article 259 of the Labor Code of the Russian Federation;
• duration of the rehabilitation period.

At the end of the certificate, the persons responsible for its content - the head physician, the treating doctor - leave their signatures. It is also important to reflect the date the medical report was written.

Useful video

The employer's actions in the event of identifying medical contraindications in an employee are discussed in detail in this video:

Find a suitable workplace When choosing “light work” for a pregnant worker, you should take into account that she is prohibited from being in a room without natural light and ventilation. Activities involving wet clothes and shoes, drafts, carrying heavy objects, and work in a constant sitting or standing position are not allowed. Step 2. Offer a job and obtain consent Such an offer must be written and the employee must be familiarized with it and signed. The main thing in the proposed work is its compliance with sanitary and hygienic requirements and the absence of harmful factors. But matching positions is not at all necessary: ​​you need to offer both higher and lower positions. As for paying for such a transfer, the employee does not lose anything, but can gain. The point is the rule: she should not receive less than her basic salary for “easy” work.

What to do if there is no “easy labor” at the enterprise?

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, having a certificate of transfer to light work, requires a transfer to another job for a period exceeding 4 months or permanent, then if such a transfer is refused or if there is no suitable vacancy with the employer, the employment contract, according to paragraph.

Certificate for light work due to health reasons. procedure for transferring to light work

Then the organization’s actions depend on the period for which, in accordance with the medical report, the employee needs to be transferred to another job. If an employee requires a temporary transfer for a period of up to four months, then suspend him from work for the entire period specified in the medical report.

At the same time, the employee must retain his place of work (position). Do not accrue wages or other social benefits for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example, clause

2 tbsp. 33 Law of March 30, 1999 No. 52-FZ). This is stated in Part 2 of Article 73 of the Labor Code of the Russian Federation. If an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if he refuses the vacancy (there are no vacancies in the organization), he must be dismissed (Part.
3 tbsp. 73 Labor Code of the Russian Federation).

When and to whom can light work be applied for for health reasons?

• Transbaikal region
• Ivanovo region
• Ingushetia rep.
• Irkutsk region
• Kabardino-Balkarian Republic
• Kaliningrad region
• Kalmykia rep.
• Kaluga region
• Kamchatka Krai
• Karachay-Cherkess Republic
• Karelia rep.
• Kemerovo region.
• Kirov region
• Komi Rep.
• Kostroma region
• Krasnodar region
• Krasnoyarsk region
• Kurgan region
• Kursk region
• Leningrad region.
• Lipetsk region
• Magadan region
• Mari El rep.
• Mordovia rep.
• Moscow
• Moscow region
• Murmansk region
• Nenets Aut.

Certificate for light work

Code, other federal laws, collective agreements, agreements, 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.

What to do if an employee brings a certificate of transfer to easier work?

The basis for dismissal is clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation. Dismissal on this basis is aimed at protecting the health of the employee and is not considered a violation of his rights (decision of the Constitutional Court of the Russian Federation dated July 14, 2011 No.

O-O). A special procedure for dismissal in case of refusal of a vacancy (absence of vacancies in the organization) upon transfer for medical reasons is provided for managers, their deputies and chief accountants in Part 4 of Article 73 of the Labor Code of the Russian Federation. Even if the transfer period is less than four months, the organization has the right to dismiss such employees under clause 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.

However, with the written consent of the employee, the employment contract with him may not be terminated, but he may be suspended from work for a period determined by agreement of the parties.

What to do if they said at work that they don’t have easy work?

Attention

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.

1. Poor lighting.
2. Spraying chemicals.
3. Efforts of a physical nature (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.

They issue pensions and accept utility bills read answers (1) Topic: Light work Not only do I have a certificate for light work from orthopedists, after ankle surgery, I’m also 12 weeks pregnant, the management categorically refuses light work, what should I do? read answers (1) I’m 8-9 weeks pregnant, I got a certificate for light work and I work in a pharmacy warehouse. I gave the certificate to the shift supervisor for light work, where the pay was less and I didn’t write any application. read answers (1) My wife is 7 weeks pregnant, on August 24 she had an ultrasound to check for a heartbeat.
Everything is positive, but for some reason they are in no hurry to register and they told me to come back in 20 days. read answers (1) Topic: Light labor for pregnancy. At the antenatal clinic they gave me a certificate for light labor for pregnancy. I work as a local pediatrician.
Ministry of Health and Social Development of the Russian Federation No. 441n dated May 2, 2012, approving the Procedure for the issuance of medical reports and certificates by a medical organization after 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 removal 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.

What to do if a certificate for light work is given but there is no work

Therefore, on the last working day before this date, the employee must be returned to her legal permanent workplace - an appropriate order must be issued and the woman must be familiarized with it against her signature. What to do if there is no easy work? In this case, the employee must be suspended from work - from the moment the medical report is presented until the date of going on sick leave for pregnancy and childbirth.

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At the same time, she needs to pay the average salary for all this time. Yes, by the way, she should not be present at the workplace during this period.

Normative legislative documents do not provide a specific explanation of the term “light activity”. This term implies the likelihood of a worker transferring to another job in accordance with a medical certificate in 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 the fulfillment of such a benefit under these conditions, this is a direct violation of the law.

Excerpt from Article 73 of the Labor Code of the Russian Federation

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 ( 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.

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.

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:

• Having a disability.
• Pregnancy period.
• 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. Efforts of a physical nature (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 receiving leave of at least 30 calendar days, which is 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 the work book and 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 to a position with a lower salary on the basis of a medical diagnosis, 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 package of documents and adhere to the rules established by law.

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How and in what cases, according to the Labor Code of the Russian Federation, can a transfer to light work due to pregnancy or other work for health reasons be processed in accordance with a medical report?

The basis is the provided medical report to the organization.

Exist certain rules for completing the transfer procedure employee for light work based on a medical certificate. There is no direct definition of light labor in legislative acts.

This concept means the possibility of transferring an employee to another job in accordance with a medical report to more comfortable conditions for performing professional duties.

The basis may be work injury, previous surgery or serious illness, pregnancy, presence of a child under 1.5 years old.

An employer's refusal to provide such a benefit is a violation of the law.

The procedure is carried out with the written consent of the employee Art. 73 TK. This opportunity is especially relevant for representatives of blue-collar professions, workshop specialists, drivers, etc.

Labor Code of the Russian Federation. Article 73. Transfer of an employee to another job in accordance with a medical report 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.

Cases of transfer for medical reasons

Transfer of an employee in accordance with a medical report is reserved for employees who cannot perform their professional duties in their previous place the following reasons:

1. Pregnancy.
2. Disability.
3. Postponed surgeries.
4. Presence of diseases.
5. Receiving injury or injury.
6. Injury or injury at work.

For example, a manufacturing worker who has had back surgery may require a change in duties to avoid negative impacts on the back. Or a person who has injured his arm may be temporarily transferred to an activity that will allow him not to use the injured part of the body, etc.

The most common medical indication for transfer is pregnancy in women.

There is a special set of rules aimed at determining acceptable professional conditions for this category of employees - “Hygienic recommendations for the rational employment of pregnant women.”

A woman can be transferred if there are the following unfavorable conditions:

1. Bad light.
2. Spraying aerosols.
3. Vibrations.
4. Physical stress (carrying heavy objects, standing for long periods of time, sitting in an awkward position, etc.).
5. Nervous and emotional tension.
6. Frequent business trips. A pregnant employee can be sent on a business trip only at her request.
7. Performing duties at night and overtime, etc.

People with disabilities may be involved in overtime hours and professional activities on holidays and weekends only with their consent and in the absence of harm to their health.

To transfer a person to a light form of activity The following documents are required:

1. A medical report provided by the employee and confirming his right to be transferred to light work due to pregnancy in accordance with the labor code (certificate from a gynecologist indicating the period).
2. A statement from a person, where he agrees in writing to the transfer.
3. An additional agreement to the contract, which specifies the new conditions for the performance of duties and the validity period of the transfer.
4. Order of a unified form on transfer.
5. Entry in the work book and personal card.

Design rules

How to transfer an employee to light work due to health reasons?

When making a transfer it is important to consider the following points, enshrined in legislation:

To make a transfer, it is necessary to prepare a number of documents and comply with the conditions established by law.

Certificate for light work due to health reasons. The procedure for transferring to light work

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

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.

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

Attracting disabled people to work

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

What documents do I need to provide for translation?

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

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

Design rules

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

• During the entire period while the manager decides on the issue of transferring the employee to light work in connection with medical reasons. In conclusion, the latter retains his average earnings. Also, a person may not perform the previous work in full if they are contraindicated for him due to his health condition.
• If we are talking about a pregnant woman, then her transfer must be completed before the end of the pregnancy period. For the entire period, she retains her average earnings, which she received in her previous 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, then you may need to see a doctor.

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

The procedure for obtaining a certificate for light work for health reasons - where and how to obtain it

If certain life circumstances occur, citizens who are employed on an official basis may apply for a transfer to another position with easier conditions.

The responsibilities assigned to them in this case must be consistent with the state of health of the patients. The main goal of translation is to create more comfortable working conditions.

Under what conditions is it issued?

In order to transfer to another, easier position, an employee must provide the employer with a special document that reflects this need - medical report on health status.

An important point is the paperwork.

As reasons for transfer There may be various circumstances related to the employee’s health status. These may be:

• pregnancy - certificate of transfer to light work for pregnant women;
• receiving an industrial or other injury;
• rescheduling the operation;
• illness of any serious illness.

The issuance of a certificate means that the patient, for health reasons, cannot perform the official duties that he previously performed. To continue working in such situations transfer to another job is required.

The certificate is attached to the employee’s application about the need to change working conditions to easier ones and is transferred to the employer, who, in turn, issues the appropriate order.

Is it given for transfer after surgery?

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

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

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

Consequently, he requires exemption from this type of work.

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

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

A possible scenario is that the working citizen will continue to work in a new position after the end of 4 months. In this case, the work is considered to have become permanent. When such circumstances occur it is necessary to make changes to the employee’s work book.

What does the document give the employee?

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

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

Also apply for work that is appropriate to your health status, can employees with disabilities.

How should it be formatted?

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

Each medical institution has the right to use a form developed by the organization independently.
Mandatory in the reference header The following information should be present:

• name of the institution issuing the document;
• organization address;
• place and city of drawing up the paper;
• the serial number assigned to the conclusion.

• patient's initials;
• a description of the situation in connection with which there was a need to transfer to light work;
• official duties from which a citizen should be removed and recommendations that must be followed during work;
• references to regulations governing the translation procedure. For example, in the case of pregnancy, these are Articles 253-259 of the Labor Code of the Russian Federation;
• duration of the rehabilitation period.

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

Useful video

Actions of the employer in case of identification of medical contraindications from an employee, are discussed in detail in this video:

The occurrence of certain circumstances gives the employee the right to transfer to light work. It involves performing job duties appropriate to the patient’s health condition.

A need of this nature may arise due to pregnancy, injury, after surgery, etc. The document confirming the employee’s right to light work is a corresponding certificate issued by a medical institution.

The certificate reflects all the necessary information about the employee. Special attention is paid to the reason why a job change is required and the period of validity of such a need.

How can an employer draw up an order to transfer a pregnant woman to light work for health reasons - samples

There is no concept of easy work in the Labor Code of the Russian Federation. As a rule, this occurs at the request of the employee himself, subject to the presentation of relevant documents confirming the need for the transfer.

The reasons why a transfer to light work is required are different: the employee is pregnant, caring for a child under 1.5 years old, an injury received at work or at home, illness or surgery.

The transition cannot be carried out unilaterally. This means that the employer cannot make a decision and independently change the person’s place of work. To do this, it is necessary to obtain the employee's consent in writing.

In what cases is an order drawn up?

What could be the reason to prepare the necessary documents and transfer to another place of work:

• pregnancy of an employee - transfer procedure;
• poor health - how to transfer to easy working conditions;
• recent surgery;
• the workplace has poor lighting, which negatively affects the vision of employees;
• in the process of performing duties there is constant spraying of aerosols;
• frequent physical stress;
• performing duties is associated with stress and nervous tension;
• frequent absence from work due to business trips. A pregnant woman is sent on a trip only with written permission from the employee;
• work at night or overtime.

Unless otherwise confirmed by the consent of the employee, provided there is no harm to health.

How to apply for a pregnant woman?

Women's rights during pregnancy are protected by Article 259 of the Labor Code of the Russian Federation. It says that It is forbidden to attract pregnant women to work overtime, at night, and to go on business trips.

According to the law, the employer is obliged to transfer the pregnant woman to light work, while reducing production standards and other indicators. Wages should remain at the level of a normal working day and workload.

When a pregnant employee has received a written request in the form of an application and a certificate from a medical institution about the need to change working conditions, the office registers the documents and submits them to the employer for a decision.

According to the employment contract, which is concluded with all employees, the director is obliged to transfer the employee to a suitable place of work.

Article 73 of the Labor Code of the Russian Federation states that this can only be done with the written consent of the person being transferred.

The employee must familiarize himself with the transfer options and give his consent or refusal.

If you agree to a change of workplace, changes are made to the employment contract and an additional agreement is drawn up. Then an order is written in accordance with form T-5 (a unified form accepted at all enterprises and institutions), an entry about the transfer is made in the time sheet, which takes into account the working hours of employees. In this case the transfer is temporary, only for the period of pregnancy, therefore it does not require entry into the work book.

If a situation arises at the enterprise about a transfer or change of workplace, it is necessary to create a special journal to record the relevant moments and track the expiration dates of the benefits.

In the order, the manager reflects the terms of the transfer, the reason is indicated, as well as the date of introduction of preferential working conditions.

The order is approved by the director.

Download sample in connection with pregnancy

Example for health reasons

To issue an order for transfer to light work for health reasons need to have legal grounds. The employee provides the conclusions of the MSEC (medical expert commission) and the conclusion of the VKK (medical advisory commission). The management of the enterprise determines a position that can meet the requirements provided in the health certificates.

It is possible that, along with the conclusion, the employee will be given a certificate of incapacity for work, which indicates a recommendation for light work.