Easy work in production. The procedure for obtaining a certificate for light work for health reasons - where and how you can get it

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

Is it harmful?

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

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

Why is an application necessary?

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

Is it possible not to transfer to light labor?

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

However, translation is not always necessary.

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

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

Computer work and remote work

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

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

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

Legislation establishes the possibility of preserving the health of the expectant mother and baby through labor protection. It consists in creating special conditions work for a pregnant woman that will contribute to the harmonious, healthy intrauterine development of the fetus. The Labor Code grants the expectant mother not only the right to light work during pregnancy, but also certain financial guarantees, as well as preservation of her job.

Today, women often do not inform their employer about pregnancy for fear of losing workplace. But the conditions in which she works can be unfavorable for the development of the fetus and harm its health. Therefore, every woman should understand what light work is during pregnancy, how it is paid, and what to do if the employer does not provide such conditions?

The Labor Code does not contain a clear definition of “light labor during pregnancy.” But the employer’s obligation, in the presence of a medical certificate, is legislated to reduce production standards or transfer the woman to a more light work, excluding the influence of harmful production factors. At the same time, the average earnings of the worker should be retained.

Light work means professional activity, which requires less physical effort and does not have an adverse effect on the development of the fetus.

A pregnant woman should not perform work related to:

A woman can exercise her legal right to transfer to light work only after providing the employer with a medical report. Without this certificate, the employer is not obliged to change the working conditions.

Rights and Responsibilities

The main responsibility of the employer is to transfer the pregnant employee to light work if she provides a medical report. If the employer cannot immediately provide the pregnant woman with suitable conditions labor, and he needs time to resolve this issue, then she is released from work for this period, and the employer pays for all days the employee is absent from work.

A pregnant woman has the right to full annual paid leave. In this case, it does not matter at all how long the woman worked at the enterprise. Such leave is granted at the request of the employee either before maternity leave or immediately after it.

It is the employer's responsibility to comply with sanitary standards in the pregnant woman's workplace. In addition, the legislation guarantees its preservation for the woman in the position. The employer cannot terminate the employment relationship with her on his own initiative. If the term of the employment contract has come to an end, then, at the request of the employee, the employer is obliged to extend the agreement.

Terms

The work of a pregnant woman, regardless of what field she works in, must meet the conditions specified by law. So, in industry, if the activity is related to assembly, sorting, packaging, operations must be automated. At the same time, the employer is obliged to take care of sufficient lighting in the room to prevent eye strain. Light work during pregnancy should completely eliminate increased emotional stress.

A pregnant woman should not work in a draft, with wet clothes and shoes, or with sudden changes in pressure. It should not be exposed to harmful chemicals, aerosols, vibration or ultrasound. During pregnancy, a woman is strictly prohibited from engaging in activities related to pathogens.

The employer is obliged to provide such working conditions that will eliminate the need for an employee to constantly remain in the same position during pregnancy (constantly sitting or constantly walking is prohibited). Also, work cannot be performed in a squatting, kneeling, bending position, or focusing on the stomach or chest.

Professional Responsibilities pregnant employee cannot be associated with lifting objects from the floor, above shoulder level, or straining the abdominal muscles. A pregnant woman can lift weights (no more than 2.5 kg) no more than 2 times per hour. If such frequency cannot be observed due to technological conditions, then the weight is reduced by half. But within an hour the total weight can be no more than 6 kg. In general, the weight of the load during a shift should not exceed 48 kg.

When performing piecework work, the production rate is reduced by 40%. However, pay for light work during pregnancy is not reduced. If a woman works in agriculture, then during pregnancy she is exempt from work related to livestock and crop production. Moreover, this applies from the first day of confirmation of pregnancy.

Working conditions in the office imply the right of a woman not to work with computers. If this is not possible, then work time should be reduced to 3 hours a day. For women, there is a corrugated footrest and a chair that meets special parameters: rotating, with a headrest, armrests and a high back, which must be adjusted in height.

Peculiarities of work of pregnant women

Features of the work of a pregnant woman include:

The right to switch to light work with a medical certificate.
The right to refuse to work at a computer.
Possibility of switching to part-time working week. Payment is made in proportion to the time worked; the duration of vacation is not affected by the work schedule.
Right to receive payment for days forced absenteeism, if the employer cannot immediately provide her with the required working conditions.
Receiving full leave regardless of length of service at the enterprise.
The right to refuse business trips, not to work night shifts, not to work overtime, on weekends and holidays.

A pregnant woman cannot be fired at the initiative of the employer, even if the woman did not inform him of her situation when she was hired. If an employee was hired for a certain period, but the employment contract has ended, she only needs to write an application to extend the agreement and attach a medical certificate confirming pregnancy. And only after the end of pregnancy, the employer, within a week, can dismiss the employee with whom the employment contract has expired.

But the dismissal of a pregnant woman can be legal in the only case: if the employment contract with her was concluded for the period of performance of the duties of an employee who is temporarily absent from work. The employer is obliged to offer the woman all available vacancies suitable for her. And only in the absence of such can she be fired.

Payment terms

As soon as a woman presents a medical report indicating that she needs to perform lighter work, the employer is obliged to eliminate conditions that could adversely affect her health and the development of the fetus. When transferring to another job, the salary may differ and not always in a favorable direction for the employee. Light work during pregnancy has specific payment requirements.

The employer must do the following:

if the earnings are set staffing table on new job is lower than the previous one, then the difference is set as an allowance and the full salary is paid;
if the salary at the new job is higher, then a new salary is paid;
if the employee remains at her previous job, but the workload is reduced, then earnings are paid in an amount not lower than the average for the previous period.

Also, a pregnant woman may express a desire to work part-time or a week. This right is reserved to her by law. In this case, the employer is obliged to pay her for her work in proportion to the time worked. All employer losses associated with paying pregnant women are borne by the employer himself. In this case, the FSS does not reimburse any expenses.

If the working conditions of a pregnant woman include restrictions working posture, drafts, wet clothes and shoes, changes in atmospheric pressure, low light, increased temperature in the workplace (more than 35 degrees), or the need to walk more than 2 km per shift, she has the right to transfer to easier work.

The first step of a pregnant woman in this direction should be to contact the antenatal clinic with her attending physician, who, at her request, is obliged to issue her a medical certificate on the need to transfer to light work. After this, the employee provides the employer with a conclusion and a statement requesting the transfer.

It should be understood that there is no need to negotiate with the employer. Transferring a pregnant woman to light work in the presence of a medical certificate is not a gesture of goodwill, but the responsibility of the employer.

In the case where the employer claims that light work is impossible in this workplace and invites the employee to resign at will, his actions are illegal. According to the code, if an employer cannot provide a pregnant employee with adequate working conditions, she has the right to be absent from the workplace. In this case, the employer pays for all the time missed by the woman for this reason based on average earnings.

If the employer refuses to provide easier working conditions and does not want to pay for the absence of a pregnant woman from work, the employee can defend her rights in court. A woman has the right to refuse to perform work if it threatens her health, and she must notify the employer in writing. After this, you should go to court.

The reality is that an employer is unlikely to be delighted with an employee’s pregnancy, much less with the obligation to provide her with more comfortable working conditions. It will be even more difficult for him to get used to the idea that if he refuses to transfer a pregnant worker to light work, she has the right not to go to work, and the employer will have to pay her average wages. The main thing in this situation is to know your rights. A medical report and the labor code will help a woman defend them. The court will always take her side, since preserving the health of the expectant mother and baby is a national task.

Useful video about the peculiarities of work of pregnant women

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

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

Under what conditions is it issued?

Is it given for transfer after surgery?

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

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

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

Consequently, he requires exemption from this type of work.

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

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

A possible development of events is that the working citizen will continue to work for new position at the end of 4 months. In this case, the work is considered to have become permanent. If such circumstances occur, it is necessary to make changes to work book employee.

What does the document give the employee?

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

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

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

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

How should it be formatted?

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

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

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

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

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

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

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Some citizens engaged in professional activities on an official basis may transfer to light work due to health problems.

The main basis for translation is the document received in medical institution and confirming health status.

The procedure for completing the entire procedure has a number of nuances.

What's happened?

There is no clear concept of light labor in the Labor Code of the Russian Federation and other regulatory documentation.

However, it is customary to accept the employee’s ability to transfer to another position, the conditions of which, from a medical point of view, are more comfortable for him.

In progress labor activity of this type, several rules must be observed:

During work, an organ that has been damaged due to an industrial injury should not be involved.
During the performance of work there should not be a negative impact on the general state of health (in case of a general illness).
During the work, there should be no detrimental effect on the fetus and on the body of the expectant mother (in case).

When is a transfer possible under the Labor Code of the Russian Federation?

An employed citizen can be transferred to a position with more comfortable working conditions if several circumstances arise.

Among them are the following:

injury (including industrial injuries);
period of bearing a child;
disability;
undergoing surgery;
illness of any kind.

For example, an employee has the right to contact medical specialist asking for provision if he broke his arm.

In this case, fulfilling your previous job duties becomes difficult until the end of the rehabilitation period.

During this period, the employee may be given work that does not involve the use of the damaged organ.

Pregnant girls may be transferred to other positions.

But provided that when performing this work they are under the influence unfavorable factors which may affect their health and the health of the fetus.

These roles may include:

insufficient lighting level;
physical activity;
constant business trips;
overtime work;
emotional and nervous tension.

After surgery

After medical measures, during which surgical intervention was performed, the patient needs rehabilitation. In almost all cases, the operation involves transferring to light labor.

To transfer to more comfortable and easier working conditions due to health reasons, the employee must provide the appropriate document obtained from a medical institution.

Particular attention should be paid to the correctness of its execution, because in this case what is required is not a certificate, but a medical report.

The length of the recovery period depends on specific situation. Upon presentation of special documentation, the employer is obliged to offer the employee a position that corresponds to his state of health at the time the medical report is provided.

Transfer to light work can only be done after obtaining the written consent of the employee.

If there are no suitable vacancies

If the employer cannot offer a working citizen a suitable vacancy, or the employee refuses to transfer to another position, he is suspended from performing official duties for 4 months or for the time specified in the conclusion.

If after 4 months the situation does not change, the employment relationship between the employee and the company’s management may be terminated.

During the 4 months during which the employee does not work, he retains his job.

No wages are accrued in this case. Exceptions are cases provided for by the Labor Code of the Russian Federation.

How is it processed?

The procedure for transferring an employee to light work requires appropriate documentation.

The following papers are prepared in a certain sequence:

Medical report. Acts as a basis for transfer and confirmation of health status. The re-registration process starts exactly after the employee provides the specified sample document. It indicates the reason why such a need arose and the duration of the period during which the patient must work in more comfortable conditions.
. In this case, it confirms that the employee agrees to transfer to another position. Without this condition, the transfer cannot be carried out.
Additional agreement. Concluded between both parties labor relations. The contract reflects a description of the conditions under which the employee will work and the time during which he will perform his duties in a temporary position.
. Published by the employer. A unified form is used for registration.

No adjustments are made to the work book. Together, these changes are reflected in the employee’s personal card.

The employee is also familiarized with safety requirements. After studying the information, he puts his signature on the document intended for this purpose. Before starting to perform job duties, the employee is given instructions.

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

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

If an employee is suspended, he is not paid. Exceptions are made in cases provided for by this Code, other federal laws, employment contract, agreements, collective agreement. Cases of transfer to another job exceeding 4 months In the case where an employee, having a certificate of transfer to light work, requires a transfer to another job for a period exceeding 4 months or permanent, then if such a transfer is refused or if there is no suitable vacancy with the employer, the employment contract, according to paragraph.

8 hours 1 tbsp. 77 of the Code. With the heads of enterprises or organizations, representative offices, branches, with chief accountants and deputy managers, the employment contract is also terminated if such a transfer is refused, or if there is no suitable job, according to clause 8, part 1, art. 77 of the Code.

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

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

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

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

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

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

Certificate for light work

Code, other federal laws, collective agreements, agreements, employment contracts. If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding job, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of this Code .

Employment contract with heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, it is terminated in accordance with paragraph 8 of part one of Article 77 of this Code.

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

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

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

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

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

Attention

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

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 her job profile if her current workplace has the following negative conditions:

Poor lighting.
Spraying chemicals.
Physical effort (lifting heavy objects, standing for a long period, sitting for a long time in an uncomfortable position, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips.

They issue pensions and accept utility bills read answers (1) Topic: Light work Not only do I have a certificate for light work from orthopedists, after ankle surgery, I’m also 12 weeks pregnant, the management categorically refuses light work, what should I do? read answers (1) I’m 8-9 weeks pregnant, I got a certificate for light work and I work in a pharmacy warehouse. I gave the certificate to the shift supervisor for light work, where the pay was less and I didn’t write any application. read answers (1) My wife is 7 weeks pregnant, on August 24 she had an ultrasound to check for a heartbeat.
Everything is positive, but for some reason they are in no hurry to register and they told me to come back in 20 days. read answers (1) Topic: Light labor for pregnancy I was given a certificate for light labor for 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 Issuance Procedure medical organization medical reports and certificates after an examination of a citizen, including a commission. Thus, this article determines which certificate for light work is issued to a particular employee. Grounds for removal from work It can be said that a properly 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 become a reason for dismissal, in accordance with clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation in the absence of a corresponding vacancy.

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

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

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

What if the employee refused the vacancies presented to her? And in this case, the employee must be suspended from work with 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 a refusal to transfer, but a pregnant woman has special guarantees, including a ban on dismissal.