Transfer of a pregnant employee to light work (Muromtseva N.A.)

Article placement date: 08/14/2013

If employees of the company work in harmful, difficult, dangerous or other special working conditions, the employer must be prepared for the fact that a pregnant employee may apply to him with a request to transfer her to light work. How to arrange such a transfer and what to do if there is no easy work in the organization, read the article.

In the Labor Code, the concept of "light work" occurs twice:
- in Art. 63, it deals with the procedure for concluding an employment contract with persons who have reached the age of 14-15 years;
- in Art. 224, it refers to the obligation of the employer to transfer employees who, for health reasons, need to provide them with easier work, to another job in accordance with a medical report.

Note. In the medical report, the doctor indicates the reason for the transfer and the recommended work.

With regard to pregnant workers, light work is mentioned only indirectly in Part 1 of Art. 254 of the Labor Code of the Russian Federation, which provides for pregnant women, upon their application and in accordance with a medical report:
- transfer to another job, excluding the impact of adverse production factors, while maintaining the average earnings from the previous job;
- Decreased production rate, service rate. In accordance with the section "General Provisions" of the Hygienic Recommendations for the Rational Employment of Pregnant Women, approved on December 21, 1993 by the State Committee for Sanitary and Epidemiological Supervision of Russia and on December 23, 1993 by the Ministry of Health of Russia (hereinafter referred to as the Hygienic Recommendations), a differentiated production rate is established for pregnant workers with an average reduction of up to 40% of the constant norm . At the same time, such employees retain the average earnings from their previous jobs.

Normative documents establishing working conditions for women

In order to comply with labor legislation in terms of providing pregnant women with work that excludes the impact of adverse production factors, the employer can use the rules contained in:
- in the Hygienic recommendations;
- sec. 4 SanPiN 2.2.0.555-96. 2.2 "Occupational health. Hygienic requirements for working conditions for women. Sanitary rules and norms", approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia of October 28, 1996 N 32 (hereinafter - SanPiN);
- Guidelines N 11-8 / 240-09 "Hygienic assessment of harmful production factors and production processes that are dangerous to human reproductive health" (approved by the Ministry of Health of Russia on 12.07.2002);
- Decree of the Supreme Soviet of the USSR of 04/10/1990 N 1420-1 "On urgent measures to improve the status of women, protect motherhood and childhood, strengthen the family."

Workplace organization criteria

So, for pregnant women, stationary workplaces and work performed in a free mode and in a position that allows a change in position at her request are preferable, and constant work in a standing and sitting position is undesirable (section "Hygienic criteria for organizing a workplace" of the Hygienic Recommendations).
As work recommended for women during pregnancy, in particular, light assembly, sorting, packaging operations can be used, taking into account the hygienic criteria of the labor process, the working environment and the organization of the workplace (Table 1 "Optimal values ​​of physical activity for the work of women in period of pregnancy" Hygienic recommendations).

Prohibited Activities

For pregnant women, activities related to getting clothes and shoes wet, work in a draft (clause 4.1.7 of SanPiN), as well as in rooms without windows (without natural light) (clause 4.1.9 of SanPiN) are not allowed.

Instruction to the employer

Paragraph 11 of Decree of the USSR Supreme Council of 10.04.1990 N 1420-1 instructs employers to ensure the timely transfer of pregnant women to another, easier job that excludes the impact of adverse production factors:
- establish jobs and determine the types of work to which pregnant women can be transferred or which they can perform at home;
- to release until the issue of employment of a pregnant woman in accordance with a medical report from work with the preservation of average earnings for all missed working days as a result of this at the expense of the organization.

Note. Harmful and dangerous production factors
A hazardous production factor (HPF) is such a production factor, the impact of which on a worker under certain conditions leads to injury or other sudden sharp deterioration in health. Injury is damage to the tissues of the body and a violation of its functions by external influences. An injury is the result of an accident at work, which is understood as a case of exposure to a hazardous production factor on a worker while performing his job duties or tasks of a work manager.
A harmful production factor (HPF) is such a production factor, the impact of which on a worker under certain conditions leads to illness or a decrease in working capacity. Depending on the intensity and duration of exposure, harmful production factors can become hazardous. Diseases that occur under the influence of harmful production factors are called occupational diseases.
All dangerous and harmful production factors, in accordance with GOST 12.0.003-74, are divided into physical, chemical, biological and psychophysiological.

Documentation of transfer to light labor

As mentioned above, in order to be transferred to light work, a pregnant employee whose labor activity is associated with harmful, dangerous or difficult production factors must submit to the employer (part 1 of article 254 of the Labor Code of the Russian Federation):
- medical report on transfer to another job;
- application for transfer to light work.

Note. Based on these documents, the employer is obliged to transfer the employee to a job suitable for her.

Medical opinion

A medical report on the transfer of a pregnant woman to light work is issued in the form N 084 / y (approved by Order of the Ministry of Health of the USSR of 04.10.1980 N 1030). The medical report must contain specific indications of which particular production factors are unfavorable for the employee.

Note. Despite the cancellation of the Order of the Ministry of Health of the USSR dated 04.10.1980 N 1030, which approved the form N 084 / y, the use of this form by doctors in their work for these purposes is legitimate.

This conclusion is issued to women in other cases, if there are individual indications (paragraph 15, clause 9 of Appendix N 1 "Rules for organizing the activities of a antenatal clinic", approved by Order of the Ministry of Health of Russia dated 01.11.2012 N 572n).

Note. Conclusion on the need for light work - based on the results of certification of jobs
It happens that specialists of medical institutions do not know the peculiarities of work in certain specialties. In this case, they make a request to the labor protection department of the organization and ask to clarify what working conditions the work is associated with.
The employer can characterize the workplace of a pregnant employee on the basis of a qualification handbook. To the characteristic, he can attach a list of harmful factors, a photograph of the workplace. If certification of the workplace was carried out - a conclusion on the results of certification.
Based on the data of the employer, a medical institution (or a single doctor) will give an opinion on the need for light work.

Application for transfer to light work

A pregnant worker writes it in free form. The text of the application may be as follows: "I ask you to transfer me to another job, excluding the impact of adverse production factors, in accordance with Article 254 of the Labor Code. Appendix: medical report dated 06/17/2013 N 42".

Note. The employee's application must be registered (for example, in the register of employee applications).

Job offer

The transfer of pregnant employees to another job, according to a medical report, is carried out in accordance with Art. 73 of the Labor Code of the Russian Federation, but taking into account the features established in Art. 254 of the Labor Code of the Russian Federation.
So, the employer must in writing offer the pregnant employee all the vacancies he has that:
- according to the results of certification of workplaces, they are not associated with work in harmful, dangerous or difficult working conditions;
- meet the requirements established by the Hygienic Recommendations, SanPiN, Decree of the USSR Supreme Council of 10.04.1990 N 1420-1.
The wording of the employer's proposal for a temporary transfer to another job may be as follows: "Having considered your application for a job in accordance with a medical report, I offer you the position of a packer of printed materials temporarily for a period from 06/17/2013 to 10/14/2013 with a salary according to the staffing table of 21,000 rub. and a surcharge of 4000 rub.".

Note. The employee must be familiarized with the proposal for a temporary transfer against signature.

If the salary for the new position is lower than the average salary of the employee at the previous place of work, the difference must be indicated as an allowance. For example, in accordance with the staffing table, the salary for the position of a packer of printed materials is 21,000 rubles, and the average salary of an employee at her previous place of work at the time of transfer is 25,000 rubles. The difference is 4000 rubles. (25,000 rubles - 21,000 rubles) the employer needs to issue a surcharge.
If the salary for the new position is higher than the average earnings for the previous job, she is paid the salary for the new position. The employer will indicate its size in an additional agreement to the employment contract and in an order for a temporary transfer in the form N T-5 or a self-developed form.

Job selected

If a vacancy that is not contraindicated by a medical report is found, the employee must obtain written consent to transfer to this job (part 1 of article 73 of the Labor Code of the Russian Federation).

Note. If the employee agrees to the transfer, the employee puts a conciliatory note on the transfer proposal or writes an independent statement of consent to the transfer to a specific position (job).

Otherwise, if for some reason the case goes to court, the employer will not be able to provide evidence of exactly which positions were offered to the employee, that work in these positions assumed easier work due to her pregnancy while maintaining the average earnings in her previous position (Definition of the Moscow Regional court dated May 12, 2011 in case No. 33-10695).

Supplementary agreement

Further, the employer must conclude an additional agreement with the employee on changing the terms of the employment contract (Article 72 of the Labor Code of the Russian Federation).
The employee receives one copy of the additional agreement in her hands by signing for its receipt after the words "a copy of the agreement has been received."

Transfer Order

On the basis of an additional agreement, the employer issues an order for a temporary transfer in the form N T-5 or a self-developed form. In the order, the employer will indicate:
- the term of the transfer (in the line "Transfer to another job" in column "C" put down the date of issue of the medical certificate, and in the column "To" write "before the start of maternity leave");
- the reason for the transfer of a pregnant employee;
- new place of work, its position and salary;
- the basis of the translation.
The line "To" the employer may not fill in, then when specifying the type of transfer on the line "Type of transfer (permanent, temporary)", he must put down "temporarily, before the start of maternity leave."

The employee must be familiarized with the order against signature. She also needs to be familiarized with the job description for the new position, other local regulations that are directly related to her work activity. At the request of the employee, the employer must give her a copy of the temporary transfer order, duly certified (part 1 of article 62 of the Labor Code of the Russian Federation).

Note. A copy of the order in the future will allow the employee, if necessary, to confirm that she performed this work.

Note. Annual vacation
At their request, the employer is obliged to provide pregnant employees with annual paid leave, regardless of their length of service in this organization (Article 260 of the Labor Code of the Russian Federation):
- before maternity leave;
- immediately after maternity leave;
- at the end of parental leave.

Temporary transfer completed

Order on the end of the transfer period. At the end of the temporary transfer period - on the last day before the start of maternity leave - the employer must issue an order on the end of the transfer period and on the return of the employee to work in her previous position. There is no unified form of such an order, so the employer can develop it independently.

Note. On the same day, the pregnant employee must be familiarized with the order against signature.

Entry in the workbook. An entry about the transfer is not made in the work book, since only information about permanent transfers is subject to entry (part 4 of article 66 of the Labor Code of the Russian Federation).

If there is no easy work in the organization

Prior to providing a pregnant woman with another job that excludes the impact of adverse production factors, the employer is obliged to release her from work while maintaining the average earnings for all missed working days as a result (part 2 of article 254 of the Labor Code of the Russian Federation). Such an exemption is possible from the moment the employee submits a medical report and application up to maternity leave.

Note. In the absence of a vacancy where a pregnant employee could be transferred, the employer may introduce a new (temporary) workplace specifically for a pregnant woman into the organization's staffing table.

Notice of release from work

The employer must issue an order to release a pregnant employee from work. The wording of the order may be as follows: "Due to the impossibility of transferring Taiskaya Valeria Viktorovna to light work on the basis of a medical report dated 06/17/2013 N 42, I ORDER: in accordance with Article 254 of the Labor Code, release Taiskaya Valeria Viktorovna from work while maintaining average earnings with 06/17/2013 before the start of maternity leave Reason: medical report dated 06/17/2013 N 42, application dated 06/17/2013.
On the basis of such an order, the accounting department will calculate wages for the employee in the amount of average earnings calculated on the date of release from work.

What to put on the table

The time when the employee did not work due to the fact that the employer could not provide her with work in accordance with the medical report, in the time sheet in the form of N T-12 or N T-13 or a self-developed form, the employer will mark the letter code NO or digital 34.

Note. Seniority for early retirement
When transferring, in accordance with the medical report of a pregnant employee, from a job provided for by the Lists of industries, jobs, professions and positions that give the right to an early old-age pension, to another job that is not related to special working conditions, such work is equated to the work that preceded the transfer.
In the same manner, the time when the pregnant woman did not work until the issue of her employment was resolved in accordance with the medical report is included in the special work experience that gives the right to a pension due to special working conditions (paragraph 18 of the Clarification of the Ministry of Labor of Russia dated 22.05. 1996 No. 5).
Lists of industries, jobs, professions and positions that give the right to an early old-age pension are listed in the Clarifications of the Ministry of Labor of Russia dated 05/22/1996 N 5.

Can an employer refuse to transfer an employee to light work?

If a pregnant employee presented the employer with a medical report on the transfer to light work and a statement, the employer does not have the right to refuse her such a transfer (part 1 of article 254 of the Labor Code of the Russian Federation).
If the employer refuses to transfer to another job that excludes the impact of adverse production factors, the pregnant employee may apply to the court.
If the organization does not comply with the rules on labor protection of a pregnant employee, the court will be on the side of the employee.

Note. A certificate from a medical institution will not replace a medical opinion
The basis for the transfer of an employee to light work can only be a properly executed medical report. A certificate from a medical institution prescribing the need to establish a part-time job cannot be recognized as a full-fledged medical report.

Can an employee refuse to transfer?
Can she be fired?

Of course, the employee has such a right. But what should an employer do in this situation? According to part 3 of Art. 73 of the Labor Code of the Russian Federation, if an employee who, in accordance with a medical report, needs a temporary transfer to another job, refuses to transfer or the employer does not have a suitable job, the employment contract is terminated on the basis of clause 8, part 1, art. 77 of the Labor Code of the Russian Federation.
However, the transfer of pregnant women to another job, in accordance with a medical report, is regulated by Art. 254 of the Labor Code of the Russian Federation, and it has priority in application compared to Art. 73 of the Labor Code of the Russian Federation. That is, if a pregnant employee refuses to transfer, the employer does not have the right to dismiss her on the basis of paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.
In this situation, the employer releases the employee from work with the preservation of average earnings from the moment the employee presents a medical report and application up to maternity leave (part 2 of article 254 of the Labor Code of the Russian Federation).

Note. Prohibition on dismissal of a pregnant employee
An employer is not entitled to terminate an employment contract with a pregnant employee on its own initiative. The exceptions are cases (parts 1 and 3 of article 261 of the Labor Code of the Russian Federation):
- liquidation of the organization;
- termination of activity by an individual entrepreneur;
- expiration of the employment contract, if it was concluded for the period of performance of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer, which she can perform taking into account her state of health.
If the term of the fixed-term employment contract expires during the pregnancy of the employee, the employer is obliged, upon the written application of the employee and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy (part 2 of article 261 of the Labor Code of the Russian Federation).

An employee applied for a part-time job

At the request of a pregnant employee, the employer is obliged to establish for her a part-time working day (shift) or a part-time working week (part 1 of article 93 of the Labor Code of the Russian Federation). To do this, you only need a statement from the employee, a medical certificate is not required.

Note. For more information about the transfer to part-time work, how to arrange and pay for it, read the article "Part-time work for a young mother" // Salary, 2011, N 12.

Moreover, work under these conditions does not entail restrictions for the employee on either the duration of annual paid leave, or the calculation of seniority, or other labor rights.

Note. Preferences for pregnant employees
Employers are not entitled to pregnant workers (part 1 of article 259 of the Labor Code of the Russian Federation):
- send on business trips;
- engage in overtime work;
- work at night;
- Weekends and non-working holidays.

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

How to apply for a leave of absence

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

Example 1

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

Sample 1 Order on release from work

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

Sample 2 Fragment of the time sheet in December 2014

How to arrange a transfer to easy work

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

Sample 3 Proposal for transfer to light work

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

Such a translation would:

Temporary change in the employee's labor function;

Change of the place of his work (structural subdivision);

Salary change.

New paycheck for an easy job

In the supplementary agreement to the employment contract, it is not necessary to indicate the specific amount of the new salary of the employee. The Labor Code defines its lower limit - the average earnings from the previous job.

The salary calculated on the basis of the average earnings for the previous job may turn out to be more in one month, and less in the other than the earnings calculated from the new salary of the employee.

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

How to arrange the transfer of a pregnant employee to light work, we will show with an example.

Example 2

Entries in the supplementary agreement to the employment contract on the transfer to light work

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

During the search for a suitable job, the employee was released from work with the payment of average earnings.

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

It is necessary to document the transfer to light labor.

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

Sample 4 Fragment of an additional agreement to an employment contract

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

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

Sample 5 Order on transfer to light work

A pregnant worker should be made aware of:

With an order for temporary transfer against signature;

Job description for the new position;

Other local regulations related to work in a new position.

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

Sample 6 Fragment of the time sheet in January 2015

An entry on the transfer to light work must be made in section III "Employment and transfers to another job" of the employee's personal card in the form No. T-2 (sample 7 below). The employee must be familiarized with the record against signature.

Sample 7 Section III of the personal card "Employment and transfers to another job"

The salary after the transfer to light work was higher than before

If the salary for the work performed turns out to be higher than the salary for the previous position, the employer needs to be ready to prove to the inspectors from the FSS of the Russian Federation that the pregnant employee has a special education, qualification or work experience necessary for a higher paid position. Otherwise, they may consider such a transfer before maternity leave as artificially inflating payments in the billing period in order to increase the amount of benefits, and try to deny the company a refund of maternity benefits.

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 with a probability of 100% is not suitable 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 will bring 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.

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

Light activity or light work - worker's transfer to a more suitable job for medical reasons. There may be several reasons for this transfer:

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

The Labor Code does not clearly define what “light work” is, so it is considered individually in each case. Jobs must be as prescribed by a physician and the median wage must be at or above the pre-injury/illness level. Such an employee may only be required to work overtime with consent and without harm to health.

Evasion or refusal of the boss to provide a translation without good reason is considered a violation of labor laws. The procedure for the transition to light work is formalized by Art. 73 of the Labor Code of the Russian Federation.

If the employee refuses to change activities to a simpler job or the organization does not have suitable vacancies, the employer is obliged to remove the employee while maintaining the place for up to four months.

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

How to get a medical certificate

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

1. 1. Having a disability. In our case it will be acquired disability preventing an employee from performing their duties in full.
   2. Pregnancy. The most common reason for leaving a job is easy work. We have already touched on pregnancy as a reason to ease stress in another article.
   3. Long-term rehabilitation after operation. These include, for example, spinal surgery.
   4. Some species diseases. The longer the recovery period, the greater the chance that the doctor will sign the certificate.

   Bodily injury and injury. Injuries received by an employee in the performance of official duties are highlighted.

Options for transitioning to a new job may change due to the degree of disability of an 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 transferring to light work. The certificate must contain full name. the person who receives the document, the place and date of the examination, general recommendations on working conditions and the grounds for the transfer, as well as the signature of the doctor, certified by the seal of the medical institution.

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

• the conclusion of the commission or the attending physician (according to law No. 323-FZ);
• rehabilitation program for the disabled;
• conclusion based on the results of a mandatory medical examination in hazardous work (Order of the Ministry of Health No. 302n);
• rehabilitation program in case of an accident at work;
• a 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 form of the certificate required in a particular case is available from a medical worker.

How to make 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 model of the company, in which the employee asks to be transferred to a position with other conditions of activity.
• Supplementary agreement, signed by the employee and the manager, which describes their relationship for the period of validity of the certificate.
• Transfer order.

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

1. The first step is for the employee to provide the employer with statement about the translation in free form along with the original certificate.
2. The employer reviews the application and signs removal order.
3. In addition to the CEO, the document is certified by the chief accountant and all direct management of the employee.
4. The director can then provide proposal for transfer to a position in writing, indicating salary and term of replacement. 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 the employee's duties, place of work and salary. All these changes are noted in the supplementary agreement to the employment contract.
6. Compiled order in standard (T-5) form to transfer to another job. The employee must familiarize himself with the order against signature, receive a new job description and receive regulations that are mandatory upon taking office. You will also have to make an additional entry in the work book if the transfer is permanent.

How is it paid

Wages for light work cannot be lower than the average wages for normal work. Such an offer is illegal according to Art. 254 of the 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 a new place should be from 25-30 thousand rubles.

An exception is the transition to part-time work, when it is registered, 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 event of a transfer to a position with a noticeably higher salary, the employer needs to be prepared for a report on the employee's qualifications to the Social Security Fund, which may take such a highly paid job as a fraud in order to increase the amount of benefits. This may result in the denial of reimbursement of benefits from the state for the company.

sick leave and vacation

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

Transfer terms

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

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

After the expiration of the term, the employee may retain a new position by mutual agreement with the employer, in which case the term of work in the supplementary agreement is canceled, and the contract is automatically extended. You should also not forget that the option of dismissal of their own free will is available to the employee at any time.

Useful video

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

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At the very beginning of pregnancy, many women hide their position from their superiors. But in vain, because they are supposed to do light work during pregnancy. Continuing to work in the same mode, they can harm the unborn child. Under what conditions can a woman in position exercise her right to work according to her strength? What documents need to be provided?

What does easy work during pregnancy mean?

According to the law, each director, on the basis of a medical certificate, must transfer an employee in an interesting position to an easy job. Light work refers to work associated with a reduction in physical stress and harmful effects.

For health reasons, light labor during pregnancy for a woman should be such that there is no potential threat to the health of the unborn baby. All this is recorded in the Labor Code of the Russian Federation in articles 93, 254, 260, 261.

Easy work, during the period of bearing a child, is selected individually. The director takes into account the state of the body and psychological attitude, as well as the conditions and assessment of the proper quality of the work performed.

Reasons for switching to light work

If a pregnant woman works in a workplace where there are unfavorable conditions, she has every right to switch to a reduced workload. A woman in position is prohibited:

• lift heavy objects;
• lift high objects from the floor;
• work on the conveyor;
• be nervous;
• work with pathogens;
• touch harmful substances and poisons;
• squatting and kneeling;
• work in drafts and in hot weather.

Also, a pregnant woman is exempted from business trips, from night work. She does not work on weekends and holidays, and is free from overtime assignments. She is also legally entitled to a reduced working day and full paid leave, regardless of how much she has worked.

Light work during pregnancy in the labor code means that each manager must transfer an employee to light work in connection with pregnancy. His responsibilities include:

1. Reduce the rate of its service;
2. Reduce the rate of production;
3. Give her a job that is free of harmful factors.

How is the transition process

Transfer to light labor during pregnancy occurs according to a certain procedure:

• A pregnant woman should take a certificate from her gynecologist with a recommendation to work with a lesser load;
• After that, the employee gives this certificate to her director. Without a certificate, she will not be given an indulgence in her work and will not reduce the production rate;
• A certificate for light labor during pregnancy is a must for the employee, otherwise the director has the right to refuse this issue;
• Then the employee writes an application for light work during pregnancy, a sample of which is available at any enterprise;
• After the management gives a positive answer that her workload is being reduced, an additional contract will be concluded with her and an order will be issued to transfer her to another position;
• Since this work is temporary, they do not make an entry in the work book.

Features of the organization of work during pregnancy

There is a situation that the director cannot provide the pregnant woman with another job, and leaving her in the same place means breaking the law. What to do in such a situation? If it is impossible to provide light labor during pregnancy, then the law provides for the release of the pregnant woman from the performance of duties in full, with the preservation of earnings.

Know! The Russian Labor Code, in Chapter 41, which specifies the features of the organization of labor during pregnancy, in Article 261 states that, at the request of the director, it is impossible to terminate the employment contract with an employee in position.

An exception may be cases when the enterprise is closed. However, even in this case, the work experience is preserved and monetary compensation is paid.

Another situation may also arise. If the employment contract has ended, then the director is obliged to extend it to the future mother for a period until she goes on maternity leave. In this case, the woman will be insured and will not lose her job.

What difficulties arise

Most employers do not want to cooperate with pregnant women. At the same time, they do not explain why they refuse them and hope that the employee does not know his rights.

In Russia, the current legislation protects the rights of women and gives them the opportunity to defend them.

If a woman refuses easy work during pregnancy, the employer cannot dismiss her on a disciplinary sanction. A woman who has been transferred to a job according to her strength may not correspond to the position. she is unable to do other work for health reasons.

Payment term

Payment for light labor during pregnancy provides for certain points that must be taken into account. These are the moments:

1. At a new workplace, the amount of wages may be higher than the average salary that she received in her previous position, therefore, it is necessary to indicate the amount of wages at a new job in an additional contract;
2. If at a new workplace the salary is lower than the average salary that she had before, then the size of the average salary must be indicated in the additional contract;
3. If a pregnant employee works part-time, then she will be paid for work for the hours worked.

Rights and obligations of women and employers

The main duty of the manager is to transfer the pregnant employee to simple working conditions as soon as she brings a medical certificate. If the employer cannot immediately provide her with a suitable place, then he, for a while, is obliged to release the pregnant woman from her duties and keep her average earnings. The manager is also required to:

• comply with sanitary standards for a pregnant employee at the workplace;
• if there is no suitable work at this time, the manager must let the worker go home, but keep her average earnings;
• when the expectant mother is in the hospital for preservation, the director is obliged to pay her the average salary.

It is the responsibility of the pregnant woman to bring a medical certificate, give it to the employer and write an application for light work.

When to Apply

The labor law does not specify at what stage of pregnancy it is necessary to apply. A woman has the right at the very beginning of an interesting situation for an indulgence, in the performance of official duties. But it must be confirmed by a doctor.

Usually, a pregnant woman writes a statement closer to maternity leave, at a time when it is already hard for her to work. Although she can do it before.

What is the responsibility of the employer

1. If the boss does not agree to give the woman another job during pregnancy, the employee can complain to the State Labor Inspectorate;
2. This inspection will conduct an inspection, and if the fact of violation is confirmed, then the head will be fined five thousand rubles or he may be banned from operating for three months;
3. If the violation is repeated, the enterprise will be closed for several years.

The Criminal Code is very important, especially Article 145, which says that employers who illegally fired or did not hire a future mother will be punished not only in the form of a fine, but also forced labor.

The transfer of a woman during pregnancy to a smaller load is a temporary phenomenon and lasts until childbirth. Stand up for your rights and take care of your unborn child.