What the Labor Code says: light labor during pregnancy, conditions, pay, features of the transfer. Help for light work for health reasons

Find a suitable workplace When choosing "light work" for a pregnant worker, it should be borne in mind that she is not allowed to be in a room without natural light and ventilation. Activities associated with getting clothes and shoes wet, drafts, carrying heavy loads, work in a permanent sitting or standing position are not allowed. Step 2. Offer a job and obtain consent Such an offer must be in writing and the employee must be familiarized with it under the signature. The main thing in the proposed work is its compliance with sanitary and hygienic requirements and the absence of harmful factors. But the correspondence of positions is not at all necessary: you need to offer both higher and lower ones. As for the payment for such a transfer, the employee does not lose anything, but she can gain. The point is the rule: she should not receive less than her main salary for “easy” work.

What if there is no "easy work" in the enterprise?

If an employee is suspended, he is not paid a salary. The exception is the cases provided for by this Code, other federal laws, labor contract, agreements, collective agreement. Cases of transfer to another job exceeding 4 months In the event that an employee, with a certificate of transfer to light work, needs to transfer to another job for a period exceeding 4 months or permanent, then if such a transfer is refused or if the employer does not have a suitable vacancy, the employment contract, according to

8 h. 1 tbsp. 77 of the Code. With the heads of enterprises or organizations, representative offices, branches, with chief accountants and deputy heads, the employment contract is also terminated if such a transfer is refused, or if there is no suitable job, in accordance with paragraph 8 of part 1 of Art. 77 of the Code.

Help for light work for health reasons. transfer to light work

Then the actions of the organization depend on the period for which, in accordance with the medical report, the employee must be transferred to another job. If an employee 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 payments for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example, paragraph

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 the vacancy is refused (there are no vacancies in the organization), he must be fired
3 art. 73 of the Labor Code of the Russian Federation).

When and to whom can I apply for light work for health reasons

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

Help for light work

Code, other federal laws, collective agreement, agreements, labor contract. 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 to transfer or if the employer does not have the appropriate 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 subdivisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer has no corresponding job, is terminated in in accordance with paragraph 8 of the first part of Article 77 of this Code.

What to do if the employee brought 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 the specified grounds is aimed at protecting the health of the employee and is not considered a violation of his rights (ruling of the Constitutional Court of the Russian Federation of July 14, 2011 No.

Oh-oh). A special procedure for dismissal in case of refusal of a vacancy (lack of vacancies in the organization) when transferring 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 can not be terminated, but suspended from work for a period determined by agreement of the parties.

What to do if at work they said that they do not have easy work?

Attention

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

To switch to light work, you need to provide a medical certificate. It is called "Hygienic recommendations for the rational employment of pregnant women." Such an employee can change the profile of work if her current workplace has such negative conditions:

Weak lighting.
Pulverization of chemicals.
Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting in an uncomfortable position for a long time, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips.

They give out pensions and accept utility billsread answers (1) Subject: Light work read the answers (1) I am pregnant for 8-9 weeks, I took a certificate for light work, 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 underwent ultrasound for palpitations.
Everything is positive, but for some reason they are not in a hurry to register and they said to come in 20 days. read answers (1) Subject: Light labor during pregnancy I was issued a certificate for light labor during pregnancy at the antenatal clinic. 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 issuing medical reports and certificates by a medical organization after an examination of a citizen, including a commission fee. 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 executed conclusion issued by the attending physician can serve as a basis for transfer to a job that is not contraindicated for the employee, or it can become a reason for dismissal, in accordance with paragraph 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 and 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 familiarized with it under her signature. What 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 leaving for sick leave for pregnancy and childbirth.

Info

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

And if the employee refused the vacancies presented to her? And in this case, the employee must be removed from work with the payment of average earnings. She cannot be fired: Article 73 of the Labor Code of the Russian Federation provides for such an action in connection with the refusal to transfer, but a pregnant woman has special guarantees, including a ban on dismissal.

Please explain the following employee works as a security guard in three days. From May 30, 2015 to July 17, 2015, he was on sick leave, first in a hospital, then at home, as it turned out, there was a heart attack. On July 17, 2015, he was put on sick leave and discharged. In the hospital there are signatures of the doctor and the chairman of the VC. The worker is not disabled. Together with the sick leave, he presented an ordinary certificate from the therapist and only the therapist signed that he was contraindicated for working at night and that he could not lift weights. How to be in this situation, I can’t figure out what kind of conclusion it is, the form of the certificate is not indicated, the signature of only the therapist, just an ordinary certificate, I cannot, on the basis of an ordinary certificate, transfer him to light work or issue a dismissal for medical reasons. Explain how I should proceed and how the documents should be drawn up by the medical institution and what I should do. While he wrote an application for annual leave. Thanks

Answer

Answer to the question:

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

A medical opinion can be presented in several forms:

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

2. When an employee is recognized as a disabled person, an ITU certificate and an individual rehabilitation program for a disabled person issued by the Bureau of Medical and Social Expertise.

3. Rehabilitation program for victims of industrial accidents and occupational diseases.

4. The conclusion of a medical institution conducting a mandatory medical examination of an employee, which is issued in the manner determined by the Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 N 302n "On approval of lists of harmful and (or) hazardous production factors and works, during the performance of which mandatory preliminary and periodic medical examinations (examinations), and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and in work with harmful and (or) dangerous working conditions.

5. A medical report issued in accordance with the order of the Ministry of Health and Social Development of Russia dated May 2, 2012 N 441n "On approval of the procedure for issuing certificates and medical reports by medical organizations" based on a medical examination of a citizen, including a commission.

Thus, the opinion of the attending physician, if it is duly executed, is the basis for transfer to a job that is not contraindicated by a medical opinion, or, in the absence of relevant vacancies, for dismissal under clause 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Exemplary examples of a notice of an offer, of the absence of vacancies corresponding to a medical report and an order to dismiss, entries in the work book are given below in the materials of the System.

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

Contraindications can be identified as a result of a medical examination that an employee has undergone either due to the requirements of the law or on their own initiative, or when they undergo other medical procedures.

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

Dismissal on the specified basis is aimed at protecting the health of the employee and is not considered a violation of his rights. The employer needs to have documents indicating the presence of relevant vacancies (positions) or their absence. Upon dismissal on this basis, the employee is paid a severance pay in the amount of two weeks' earnings.

If the period during which the employee cannot perform his work is more than four months, and there are no vacancies or the employee’s consent to the transfer, then the employer should formalize the dismissal of such an employee in accordance with clause 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.
If the employee agrees to the transfer, then when transferring such an employee to another lower-paid job, this employer retains his previous average earnings for one month from the date of transfer, and when transferring in connection with a labor injury, occupational disease or other damage to health related to with work - until a permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation).

If the period during which the employee cannot perform work is less than 4 months, then the employee must be offered a transfer, and if he refuses to transfer, he should be suspended from work for the entire duration of the contraindication. During the period of such suspension, wages are not accrued.

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

If, in accordance with the medical report, the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, and there are no vacancies or the employee’s consent to the transfer, then the employer should formalize the dismissal of such an employee in accordance with paragraph 8 of part 1 of article 77 Labor Code of the Russian Federation.

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

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

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

Submit vacancies and apply, if possible, the transfer is possible both immediately after the end of the vacation, and during the vacation period, if there is a connection with the employee.

Details in the materials of the System Personnel:

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

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

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

When an employee is transferred for medical reasons, the new job can be both higher paid and lower paid. If an employee is transferred to a lower-paid job, then within a month from the date of transfer, he must keep his average earnings from his previous job. If the transfer is due to the fact that the employee has received an injury or an occupational disease, then the average salary is retained by him until the employee recovers or the doctors establish his disability. This procedure is established in the Labor Code of the Russian Federation.

A situation may arise when an employee who needs a temporary transfer for medical reasons refuses it or there are no suitable vacancies in the organization. Then the actions of the organization depend on the period for which, in accordance with the medical report, the employee must be transferred to another job. If an employee 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,). This is stated in part 2 article 73 of the Labor Code of the Russian Federation.

If an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if the vacancy is rejected (there are no vacancies in the organization), he must be fired ( Part 3 Art. 73 Labor Code of the Russian Federation). The grounds for dismissal are point 8 part 1 of article 77 of the Labor Code of the Russian Federation. Dismissal on the specified basis is aimed at protecting the health of the employee and is not considered a violation of his rights ( ruling of the Constitutional Court of the Russian Federation dated July 14, 2011 No. 887-О-О).

A special procedure for dismissal in case of refusal of a vacancy (lack of vacancies in the organization) when transferring for medical reasons is provided for managers, their deputies and chief accountants in parts 4 article 73 of the Labor Code of the Russian Federation. Even if the transfer period is less than four months, the organization has the right to dismiss such employees for paragraph 8 part 1 of article 77 of the Labor Code of the Russian Federation. However, with the written consent of the employee, the employment contract with him can not be terminated, but suspended from work for a period determined by agreement of the parties. Do not accrue wages or other social benefits for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example,).

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

The form

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

Job transfer offer

According to medical opinion

Moscow 18.08.2010

List of vacancies currently existing in "Alpha" and not

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

Choice.

If you agree or disagree, please mark in the appropriate box of this

Offers.

List of vacancies as of 18.08.201 0

Director A.V. Lviv

Offer to transfer to another job in accordance with the medical report

handed over,

18.08.2010 Yu.I. Kolesov

Sample Notice

NOTIFICATION

About the absence of vacant positions of the relevant

medical report

By the conclusion of the medical and social examination No. 4281916 dated September 10, 2012, you were assigned the second disability group. In accordance with the Individual Program for the Rehabilitation of a Disabled Person, card No. 1611 to the certificate of examination No. 1682 dated September 10, 2012. Work with severe psycho-emotional stress, heavy physical labor, work, the sudden cessation of which is dangerous for others, lifting and carrying heavy loads were contraindicated for you work at height and in extreme conditions. These recommendations are contraindications to work as a bus driver. In this regard, we inform you that as of September 10, 2012, there are no vacancies in Passenger Transportation LLC that meet the above recommendations.

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

Unified form No. T-8

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

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

if the employer does not have other work required in accordance with the medical report,

Motivated opinion of the elected

trade union body in writing

(from “

”

No.

) reviewed

Work book (fragment). Registration of dismissal if the employer does not have a job corresponding to the medical certificate issued to the employee

Approved

Decree of the Government of the Russian Federation

EMPLOYMENT HISTORY

Job details

records	the date			information about hiring, transfer to another permanent jobs, qualifications, layoffs clause of law)	Name, date and room document, based whom entry made
records	number	month	year
1	2			3	4
				Closed Joint Stock Company Alfa (CJSC Alfa)
1	11	01	2006	Hired in the technical department masters of industrial training	Order from 11.01.2006 No. 4-to
2	28	02	2013	Dismissed due to absence from the employer other work required in accordance with medical opinion, point 8 of part 1 article 77 of the Labor Code of the Russian Federations Supervisor personnel department E.E. Gromov Employee	Order from 28.02.2013 № 16

With respect and wishes for comfortable work, Ekaterina Zaitseva,

Expert Systems Personnel

The regulatory legislative documents do not spell out 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 an industrial injury, an operation, pregnancy, a serious illness, the presence of a child in the family up to one and a half years. If the boss evades the execution of such under these conditions, this is a direct violation of the law.

Light work for health reasons is indicated for people with disabilities

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have the corresponding job, the employer is obliged to remove the employee from work for the entire period specified in the medical report while maintaining the place of work ( ).

During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, agreements, and an employment contract.

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 to transfer or if the employer does not have the appropriate job, the employment contract is terminated 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 the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the said employees, with the exception of cases provided for by this Code, other federal laws, a collective agreement, an employment contract.

Cases of transition to easier working conditions for medical reasons

Transfer to light work - for pregnant women

The transition of a worker to an easier activity on medical grounds implies that he will be able to fulfill his statutory obligations without doing what is not recommended by the doctor in 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. Such an opportunity is extremely significant for workers in working specialties, workers in workshops or factories, drivers, etc.

The transfer of a worker on the basis of 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.
The presence of bodily injury and mutilation.
The presence of injuries and injuries that were received directly at work.

For example, a worker in production underwent an operation on the spine. He has the right to apply to management with a request to move to another job where there will be no adverse effect on his back. Or a worker 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.

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

Weak lighting.
Pulverization of chemicals.
Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting in an uncomfortable position for a long time, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips. Management has the right to send an employee in such a position only with her consent.
Fulfillment of statutory obligations at night or after hours, etc.

Employees with disabilities, the employer has the right to engage in work outside of 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 employees has grounds for at least 30 calendar days, which is paid, or unpaid leave lasting 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:

Medical certificate. The worker is obliged to provide it to the employer, and it is the basis for his transfer to an easier area of work due to pregnancy, guided by the Labor Code of the Russian Federation (conclusion of a gynecologist with a prescribed gestational age).
Written appeal of the worker, in which he confirms his desire to change the working conditions.
An additional agreement to the employment contract, in the body of which the updated conditions for the fulfillment of statutory obligations and the period of such a transition are prescribed.
Order of a standardized form on the transition of a worker to another activity.
Making an entry in and personal card.

The procedure for making the transition

The employer is obliged to go "to meet" the employee in need of easy working conditions

How to transfer a worker to easier working conditions, guided by 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 the employee to another position based on a medical diagnosis, the employer is obliged to keep the average salary for the employee. The employee during this period, on the basis of the law, may not fulfill the previous obligations that are contraindicated for him based on his state of health.
In the situation of a woman who is carrying a child, the change in the type of activity will take place before the end of the pregnancy. For such an employee, the employer undertakes to keep the average salary that she received in her previous position for the entire specified period.
When a worker moves to a position with a lower salary on the basis of a medical diagnosis, the employer undertakes to keep the average salary of the previous meta activity for 1 month.
If the reason for changing the activity to an easier one is an injury received at work or the appearance of an occupational disease, then the employer undertakes to keep the average salary for him until the stage of establishing an uncompromising loss of professional fitness or until the final recovery.
If a worker needs to change the type of activity for up to 4 months, but at the same time rejects the options provided or the management of the enterprise has no options for his arrangement, then his current position is retained for him without payment of a monetary allowance 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 arrangement, then the employment contract with him ceases to be valid. The worker in this case 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 the transition to easier conditions of activity specified in the supplementary agreement to the employment contract, the worker undertakes to begin fulfilling the previous statutory obligations.
If the period of transition to easier working conditions fixed in the additional agreement has ended, and the worker fulfills the statutory obligations at the previous place of work and does not protest about it, then the period fixed in the agreement becomes invalid and the transition to a new position becomes permanent.

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

Problem

Colleagues, tell me how to proceed. An employee came and brought a certificate for light work for a period of more than 4 months. The amendment does not indicate factors harmful to the employee, but in fact (due to the direction of the organization's activities) all work is physically difficult and is 100% unsuitable for the employee. There are no vacancies in the office, and his qualifications are not suitable. What to do in this situation? Am I somehow obligated to find him a light job or will the employee have to quit? If we should not provide work in such a situation, then how to officially notify the employee about this, so that later we do not have to run around the GIT. The employee is very conflicted and, on all issues that seem unfair to him, he goes to complain to the SES authorities, even if he doesn’t win anything and remains wrong. Thanks a lot!

Decision

Hello!

But, after all, you must fulfill part 3 of article 73 of the Labor Code of the Russian Federation, it is an imperative rule.

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, if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated on the grounds of paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

In the event of termination of the TD under the specified paragraph of Article 77 of the Labor Code of the Russian Federation, the employee will be paid a severance pay in the amount of two weeks average earnings of Article 178 of the Labor Code of the Russian Federation.

The termination of the employment contract in this case is aimed at protecting the health of the employee and does not violate his rights (Determination of the Constitutional Court of the Russian Federation of July 14, 2011 N 887-О-О).

The employer is obliged to ensure Article 212 of the Labor Code of the Russian Federation:

Prevention of employees from performing their labor duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in case of medical contraindications.

The employer is obliged to remove from work (not allow to work) the employee, Article 76 of the Labor Code of the Russian Federation:

If, in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are revealed for the employee to perform work stipulated by an employment contract.

During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, and an employment contract.

1. Study the document- a certificate is one thing, but in accordance with p. 73 of the Labor Code of the Russian Federation there must be a medical report.

Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 N 441n approved the procedure for issuing certificates and medical reports by medical organizations.

2. Only, I see, you have a weak "link", so to speak, the fact that his medical report does not indicate recommendations or contraindications are not specified.

If contraindications are not indicated in the medical report, then you cannot draw conclusions yourself that you do not have a job for him, for which you can offer him and transfer him to this job if he agrees to this transfer.

So you need to make a request to the medical institution that issued this document so that they clarify the requirements for the work that they must provide, or list contraindications.

3. With an employee, if he is in conflict, switch to official communication, i.e. written communication.

4. If the employee was issued a medical certificate, but contraindications are not specified in it, then in accordance with Article 76, 212 of the Labor Code of the Russian Federation, issue a suspension from work, this period is not paid (order). And indicate in the order that after clarifying the contraindications and recommendations by the medical institution, either transfer options will be offered, or a notification will be issued that the relevant work is not available.

And in the order to write that the employee has the right to contact the medical institution himself to clarify these issues, if he is interested in his situation being resolved faster.

Those. either you make a request, or he will make it himself, so that it is faster, give him the right to choose.

And familiarize him with a signature with a document stating that you are making a request to a medical institution to clarify contraindications and recommendations for the proposed work, due to the fact that the medical report does not contain this data.

and if in fact we have no vacancies at all? then we can refuse to transfer him without requiring a medical opinion or is it better to ask for insurance? thank!

If he has a medical certificate, then there should be only a medical conclusion, Article 73 of the Labor Code of the Russian Federation. And therefore, ask, so that later you do not pay fines and do not run around the courts, pay forced absenteeism and non-pecuniary damage.

tell me, if an employee brought a certificate for light work for a period of 3 months, in this case, what should the employer do? we definitely cannot provide him with at least some work, since we are optimizing the staff and there are no free rates at all. If the employee did not bring a medical report, we sent him to take this report, the time when he brings it, we do not know how to draw up this period of absence of the employee? some kind of production order or let him take a vacation without pay?

If the employee provided the wrong document, you sent him to get a medical report, in fact, you sent him to the medical board, so draw it up - medical boards at the expense of employers, and during this period average earnings are maintained.

There is definitely no vacation without saving the salary, because. this vacation is only the initiative of the employee, you do not have the right to impose it on him, Article 128 of the Labor Code of the Russian Federation.

However, you can agree on the designation of this period as paid leave, but if it has already been sent, then you will not be able to issue paid leave and pay vacation pay, as established by Article 136 of the Labor Code of the Russian Federation.

Order of non-unified form.

You could remove him from work, Article 76 of the Labor Code of the Russian Federation, if, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, there are contraindications for the employee to perform work stipulated by an employment contract, while without saving salary Articles 76, 73 of the Labor Code of the Russian Federation, but your document does not meet the requirements - a medical certificate is not a medical conclusion, especially in accordance with Article 73 of the Labor Code of the Russian Federation.

Telephone consultation 8 800 505-91-11

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Help for light work

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

Article 73 of the Labor Code of the Russian Federation tells you how to act: If an employee who, in accordance with a medical certificate, needs a temporary transfer to another job for up to four months, refuses to 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 the place of work (position). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

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

Hello! 1. In accordance with Article 254 of the Labor Code of the Russian Federation, for pregnant women, in accordance with a medical report and upon their application, the production rates, service rates are reduced, or such workers are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for the previous job. To carry out the transfer, the employee must submit a medical report in any form or in the form N 084 / y (clause 14 of the Appendix to the Order of the Ministry of Health and Social Development of Russia of 02.05.2012 N 441 n, Order of the Ministry of Health of the USSR of 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 provides that until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of average earnings for all missed working days as a result of this at the expense of the employer. Thus, when you provide the employer with a relevant application and a medical report, the employer is obliged to transfer you to “light work” while maintaining the average earnings in your previous position. Perhaps, in this case, the personnel department is somewhat cunning, because, as I indicated above, a medical certificate is issued by a medical organization to a pregnant woman in any form or in the form N 084 / y. 2. According to clause 13.2 of the Sanitary and Epidemiological Rules and Regulations "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 at the time of establishing pregnancy, they are transferred to work not related to the use of a PC, or the time of working with a PC is limited for them (no more than three hours per work shift), subject to the hygiene requirements provided for by the sanitary rules. Please note that Article 254 of the Labor Code of the Russian Federation provides for the following: Until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of average earnings for all missed working days as a result of this at the expense of the employer. That is, if your employer does not have a suitable position for transferring you to “light work”, then you are subject to release from work while maintaining average earnings.

I am pregnant, I should soon get a doctor's certificate about light work and get registered. At work, I want to refuse additional work (they are not registered in the labor). But six months ago I already tried, they refused me. Now there is a good reason for this - pregnancy. But I know in advance that the leader will start to put spokes in the wheels and will not allow it 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 still unfolds according to the worst scenario)

Good afternoon! The best thing is to send the employer a written application under a stamp 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 required to recycle unless a recycle order is issued against your signature and you are not paid to do so. But it doesn't really apply to your pregnancy! You have the right to apply to the prosecutor's office, including with a complaint. The Labor Code of the Russian Federation provides that a pregnant woman, with the consent of the head, can reduce the working day! But this is at the discretion of the employer and is not a violation.

If I am pregnant in the hospital they give me a certificate for light work, and in the organization where I work there is no easy work, maybe I should stay at home and a replacement person will be taken in my place. I work for three days.

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

Pregnant, I'm going to take a certificate for light work. The specifics of the work - work only at the computer from 9 to 18 5/2. I know in advance that there are no positions in the organization that are not related to working at a computer, and they will introduce it for me. Also, labor protection standards are not implemented (the complete absence of this item in the organization, employees did not leave a single acquaintance, not a single painting 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 until the decree with the preservation of average earnings immediately? Or is it better in stages, first a general application for transfer to another position, and then for release?

Hello! If the employee has submitted a medical report on the need to transfer her to another job due to pregnancy and wrote a statement about this, the employer is obliged to conclude an additional agreement with her on changing the terms of the employment contract and issue a transfer order. If the employer does not have a suitable job to which a pregnant employee can be transferred, then until another job is provided, she is released from performing the labor function in order to exclude the impact of adverse 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 suspend (not allow to work) the employee if, in accordance with the medical report, there are contraindications for the latter to perform work stipulated by the employment contract.

I was issued a certificate for light work during pregnancy. Pregnancy 13-14 weeks. I work in OA "Tander", Magnit store. When I called the office, they told me that this certificate was not issued in any way and everything that was written in it, at the discretion of the store director, if I agreed, they said that nothing was even written in the law. Is this true and what should I do?

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

I am pregnant, 5 months. I was given a certificate of transfer to light work. I wrote a statement to the boss and attached a certificate. And she asked in a statement 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 scared me by depriving me of the bonus. Tell me my steps?

Pregnant women should not be involved in work at night, but in the evening they can. Night work - from 22.00 to 06.00. There is no other work, which means that they must be released from work in their position and pay average earnings up to vacation in BiR. You can complain about the 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 upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from your previous job. Until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of average earnings for all missed working days as a result of this at the expense of the employer. When undergoing a mandatory dispensary examination in medical organizations, pregnant women retain their average earnings at their place of work. . Guarantees for pregnant women and persons with family responsibilities when they are sent on business trips, involved in overtime work, work at night, weekends and non-working holidays pregnant women.

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

Hello, dear visitor of 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, he is not at the enterprise, and they offered me 11-hour shifts sitting at a computer, an uncomfortable chair, almost no lighting. What exactly are harmful factors? And how can I be?

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

Is the certificate issued for *Light work* a recommendation or a requirement for the employer?

Hello! In accordance with Article 254 of the Labor Code of the Russian Federation, for pregnant women, in accordance with a medical report and upon their application, the production rates, service rates are reduced, or such workers are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for the previous job. To carry out the transfer, the employee must submit a medical report in any form or in the form N 084 / y (clause 14 of the Appendix to the Order of the Ministry of Health and Social Development of Russia of 02.05.2012 N 441 n, Order of the Ministry of Health of the USSR of 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 provides that until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of average earnings for all missed working days as a result of this at the expense of the employer. Thus, when you provide the employer with a relevant application and a medical report, the employer is obliged to transfer you to “light work” while maintaining the average earnings in 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 there is a link to the article and there are no work restrictions. The work is connected with being on the 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 ask for help from lawyers on a paid basis who will compose everything competently and correctly.

The employee brought a certificate of transfer to light work due to pregnancy, but the organization does not have easy work for a woman. What can be offered?

Hello. You can cut her working hours as an option. What is the position of the employee?

I got sick at work. My back got sick after treatment, the doctor gave a certificate for light work. How does he switch to light work and what will be the payment and for how long will the payment be.

Good afternoon. The transfer is carried out on the basis of your application and honey. conclusions. In accordance with Art. 73 TC: An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure 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 to the employee for health reasons. If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have the corresponding job, the employer is obliged to remove the employee from work for the entire period specified in the medical report while maintaining the place of work ( positions). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract. 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 to transfer or if the employer does not have the appropriate 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 subdivisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer has no corresponding job, is terminated in in accordance with paragraph 8 of the first part of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employees, except for the cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract. In accordance with Art. 182 TC: When transferring an employee who, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, needs to be provided with another job, to another lower-paid job, this employer retains the average earnings from his previous job for one month from the date of transfer, and in case of transfer in connection with a labor injury, occupational disease or other damage to health associated with work, until a permanent loss of professional ability to work is established or until the employee recovers.

I am 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 in order, can I get some relief from the authorities? I read that you can only spend 3 hours at the computer a day, otherwise the employer must transfer to another job, but we have a call center and all other vacancies are also at the computer.

The employer must, on the basis of a certificate, reduce the hours of work at the computer while maintaining the 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 upon their application, the 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 their previous job)

I am pregnant, the clinic issued a certificate of transition to light work. But it is written there only that they are exempt from night shifts, and an 8-hour working day. There is no wording of “transition to easy work” itself. She asked to prescribe the exception of nervous or stressful situations. They refused, they said there is no such thing in the shopping mall. 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 apply with a statement to the management, in which you reasonably ask to be transferred to a department where there are no adverse production factors, referring to Art. 254 of the Labor Code of the Russian Federation. Attach a certificate from the clinic to the application.

Honey. institution is correct. If YOU work for a manager who constantly stresses you, write an application for transferring you to another department. Another point - stress can be for various reasons. You need to understand what's going on with you in order to advise further.

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

Denied on what basis? Temporary transfer or permanent? If a permanent transfer - then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with clause 8 of the first part 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 the preservation of the place of work and without payment, except as provided for by this Code, other federal laws, a collective agreement , agreements, employment contract ()

Should the doctor write in the certificate for light labor during pregnancy that the employee is not allowed or is the general wording "according to the Labor Code ..." sufficient?

Should. In fact, this is not a certificate, but a conclusion for a specific person, which indicates which harmful factors that are possible in a particular job, a particular employee, should be excluded.

I have a certificate for light work and I do hard work, what should I do. And the authorities know but do not give easy work. Can I ask the organization for compensation from them for the violation of my rights without going to court.

It is unlikely to succeed, you have a medical limitation. Contact the labor inspectorate, but most likely then they will simply be fired due to the lack of other work in the organization.

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

An employee who needs to move to a lighter job in connection with a medical 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 to other work he has, which is not contraindicated for the employee due to his health. In the event that an employee, according to a medical report, who 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 job, he is obliged to suspend the employee for the entire period specified in the certificate on easy work, while maintaining his position and place of work. If an employee is suspended, he is not paid a salary.

I'm pregnant, they gave me a consultation. I work in a store, I was transferred to light work. Day off Saturday - Sunday. That's what it says in the order. Do I have to go to work on holidays too? Thank you.

Hello, Elena! In this situation, you need to find out this moment with your employer. The main provisions are regulated by articles 93 and 254 of the Labor Code of the Russian Federation. Specifically coordinate with the employer if you plan to continue working after maternity leave. Good luck!

Hello. If Saturday and Sunday are specified in the order, then holidays are not taken into account. Days off will be only days by order. The order must be issued on the basis of the submitted honey. conclusions.

I was issued by a doctor a certificate of transfer to light work on 08/10/18. In the personnel department at work, they refuse to translate on it on 11/02/18, since they were supposed to be translated on 08/10/18. Is it really impossible to transfer using this one and do you need to go for a new certificate?

Human Resources is safe. The best option would be to take a new certificate dated November or write an explanatory note to the personnel department indicating the reasons for obtaining a 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 take all the risks for late provision of a certificate and out-of-date translation.

I have a question. After the operation, they gave me 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 on average earnings, and I will receive the remaining 5 months in a new low-paid position! Is this true?

Hello Andrey. Temporary transfer to another job for 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 the destruction or damage to property, as well as to replace an employee whose absence is caused by the emergency circumstances indicated in the first case. The remuneration of the transferred specialist is made according to the work performed, but not lower than the average salary in the same place. If a new job requires a lower qualification, his written consent is required.