Provision of light work for health reasons. Help for light work

Some categories of workers have the right to be transferred to lighter work due to their health condition. The basis for the transfer is a medical report that was provided to the organization. This is a reference to easy work.

There are a number of rules for processing the transfer of an employee to an easier job for medical reasons. However, legislation does not have a specific definition of light work. This concept implies the possibility of transferring an employee to some other job with more comfortable conditions for performing his professional duties due to a medical report.

Grounds for transfer

There can be various reasons for the transfer: pregnancy (a certificate for light work during pregnancy is issued), caring for a child up to one and a half years old, an industrial injury, a serious illness or a surgery. If the employer refuses to transfer the employee, this will be considered a violation of the law.

If an employee needs to be transferred to an easier job (a certificate for light work for health reasons will confirm this), then he is not able to perform professional duties without performing actions that are contraindicated for him.

Translation procedure

The transfer procedure is carried out with the consent of the employee in writing in accordance with Article 73 of the Labor Code. This opportunity is especially relevant for representatives of working professions, drivers and specialists of workshops and others.

Article 73 of the Labor Code of the Russian Federation on the transfer of an employee to another job in connection with the conclusion of doctors

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.

There are several forms of providing a medical opinion:

The conclusion of the medical commission or the attending physician, issued in accordance with Federal Law No. 323-F3 of November 21, 2011, which deals with the protection of the health of Russian citizens.
An ITU certificate and an individually developed program for the rehabilitation of a disabled person, which is issued by the medical examination bureau if the employee is recognized as disabled.
Rehabilitation program for an employee who has been injured due to an accident at work and an occupational disease.
The conclusion of the institution of the medical and preventive profile, which conducts a medical examination of an employee on a mandatory basis, which is defined in the Order of the Ministry of Health and Social Development of Russia No. and preliminary mandatory medical examinations of employees who are employed in heavy work or work associated with dangerous and (and) harmful working conditions.
Honey. a conclusion issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated May 2, 2012, approving the Procedure for issuing medical reports and certificates by a medical organization after 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 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.

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.

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 is terminated, in accordance with clause 8 of part 1 st. 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. The employer also has the right, with the written consent of the employee, to suspend him from work for a period determined in the agreement of the parties. The employee will not be paid during this period of suspension. Exceptions are cases provided for by this Code, other federal laws, labor contract, agreements, collective agreement. A sample certificate for light work is available from medical workers.

When transferred for medical reasons

An employee is transferred according to a medical report in cases where he is unable to perform professional duties at his workplace for the reasons listed below:

receiving industrial injuries or injuries;
pregnancy;
getting hurt or injured;
disability;
the presence of diseases;
transferred operations.

For example, a production employee who has undergone back surgery has the right to demand that he change his duties if he has a certificate for light work for health reasons in order to exclude a negative impact on his back. A person who has injured his arm can also be transferred to another type of activity that allows him not to use the injured limb, and so on.

Information about light work for pregnant women

Most often, pregnant women are transferred for medical reasons. There is a special set of rules that is aimed at determining the professional conditions acceptable for this category of employees, namely, hygienic recommendations for the rational employment of pregnant women.

A woman can be transferred if the following unfavorable conditions exist in her place:

night shift work, overtime, etc.;
bad light;
frequent trips on business trips, which during pregnancy can only be with the consent of the employee;
spraying aerosols;
emotional and nervous tension;
vibrations;
physical stress: sitting in an uncomfortable position, carrying weights, standing for a long time, and so on.

Employment of people with disabilities

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

What documents need to be submitted for translation?

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

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

Design rules

How is an employee transferred to light work? When making a transfer, it is important to take into account some points enshrined in law that determine the period for which a certificate for light work is issued:

During the entire period, while the head decides the issue of transferring the employee to light work in connection with honey. In conclusion, the latter retains his average earnings. Also, a person may not perform the previous work in full, if they are contraindicated for him due to his health.
If we are talking about a pregnant woman, then her transfer must be completed before the end of the pregnancy period. For the entire period, she retains her average earnings, which she received in her previous position.
If it is necessary to transfer to light work due to an industrial injury or the development of an occupational disease, the average salary of an employee is kept until he recovers or determines the loss of a professional. capacity.
When an employee needs to switch to light work for up to 4 months, and the person at the same time refuses the options that are offered to him, or the employer cannot offer options for the transfer, then the employment contract is terminated. In this case, the employee is paid a severance pay, which is equal to his average earnings for 2 weeks.
When an employee needs to switch to light work for a period of more than 4 months, and the person at the same time refuses the options that are offered to him, or the employer cannot offer options for the transfer, then the employment contract is terminated. In this case, the employee is paid a severance pay, which is equal to his average earnings for 2 weeks.
After the expiration of the period of transfer to light work, which is indicated in the add. agreement to the contract, the employee returns to his former place of work.
If the period specified in the supplementary agreement has expired, and the employee remains at the place where he was transferred and does not object, then the period specified in the supplement. agreement expires, and the employee remains in the new location on a permanent basis.

Conclusion

So, we can conclude that if there is a medical certificate, some categories of employees can be transferred to light work. To make such a transfer, you need to draw up documents and comply with the conditions established by law.

If you are constantly feeling unwell, which interferes with normal work activities, then it may be worth seeing a doctor.

What is a certificate for light work, we examined.

Our state provides a clear system for protecting the activities of people who, for some reason, cannot perform physically difficult or simply harmful work. In this case, the labor code states that such a person can be transferred to light work for health reasons. However, many of our fellow citizens do not have information about such legal acts and may encounter problems in interaction with the employer. But knowing your rights, defending your ability to transfer to easy work will not be a problem.

General rules for transfer to light work

Transfer to lighter work for health reasons can be both temporary and permanent. The need for such changes may be determined by agreement of the parties, or be charged to the employer. But in which cases the management is simply obliged to transfer the employee to another type of activity.

So an employee can be temporarily transferred to a slightly lighter job option due to health problems. The term of such changes is determined by the period indicated in the medical report. In this case, the employer is obliged to carry out the transfer of the employee, since the recommendations of the doctors in this case are binding on the management. At the same time, the employee has the opportunity to agree with the employer on the full preservation of wages at the same level as at the previous place of work.

Also, transfer to light work can be carried out when an employee receives injuries, develops occupational diseases and other health damage directly related to the performance of his job duties. In this case, the employer must, until the moment of restoration of full working capacity or the establishment of the resulting disability, transfer the employee to easier work or completely release him from work. At the same time, compensation payments are practiced.

If the employee does not reveal consent to a temporary transfer to another type of activity (for a period of less than four months), or if the employer simply does not have a relevant job, management has to remove the employee from work for this period, retaining his position. At this stage, wages are not charged, but there are exceptions provided for by the labor code, collective agreements, agreements, etc.

If the transfer is necessary for a period of more than four months or for a permanent time, and the employee does not agree to this, or the employer does not have the appropriate job options, then the employment contract is terminated in accordance with the labor code.

Pregnant women

As practice shows, many women do not take into account the importance of switching to lighter work during pregnancy, continuing to do their work until the decree. However, this approach is not always justified. Many working conditions can harm the mother's body and the growing baby, so you need to inform the employer about your situation in a timely manner.

Pregnant women have the right to be transferred to easier working conditions, under which they can avoid the influence of negative factors of production. In this case, the employee must write a corresponding application and attach a medical certificate to it.

So the expectant mother should not be under the influence of the following aggressive factors during this difficult period of gestation: elevated temperature, vibration, noise, as well as a number of chemical compounds and radiation exposure. When transferred to lighter work, the woman's previous earnings must be preserved.

So from the earliest terms of gestation, the expectant mother is freed from doing work at night, as well as on weekends. She should not be sent on business trips and loaded additionally. At the workplace of pregnant women there should be no harmful synthetic substances, technical aerosols, and there can be no vibration or ultrasound.

A pregnant woman should not work constantly in the same position - sitting or standing, in addition, she cannot walk continuously. During the shift, it is allowed to walk a distance of no more than a couple of kilometers.

The expectant mother should not perform work that involves being on her knees, or with an emphasis on her chest or stomach. In addition, she can not work on her haunches, or in a constantly bent position.

All pregnant women, as well as nursing mothers, are strongly advised to reduce the activities associated with a personal computer, and it is better to completely abandon it.

At the same time, expectant mothers should not completely abandon physical activity, falling into the other extreme. This approach often leads to weight gain and other problems. Carrying a child involves moderate physical activity and even gymnastics, which will only benefit both the woman herself and her baby.

Thus, it must be concluded that, only after learning about her pregnancy, the expectant mother should do everything to protect herself and the growing baby from the harmful effects of production. The Labor Code enshrines her rights to light work at the legislative level, and it is imperative to demand their observance.
The same applies to people who have certain health problems of a temporary or permanent nature.

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 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.

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 clause 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 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 anything that 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 granted 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.

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

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 after hours, on holidays or weekends, only with their approval and if it is impossible to cause damage to their health.

In particular, this group of 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