Pregnancy is considered the natural state of a woman, therefore, it is impossible to completely release the expectant mother from work. But many have come across the fact that when carrying a baby, it is extremely difficult to even think about their responsibilities. What is the best way to deal with such a situation?

Pregnancy and work

It is difficult to say when the expectant mother thinks about the vacation. Any trimester of pregnancy brings its own complexities to a woman's life. And first of all, this is reflected in the work.

In the early stages, the expectant mother is worried about nausea, changes in appetite, feeling unwell and constant drowsiness. It can be extremely difficult for her to concentrate on anything, and ordinary smells can cause an attack of vomiting.

In the second trimester, the load on the joints and lower back increases, the baby begins to actively move, and edema may appear.

Late pregnancy is the most unfavorable period for performing your professional duties. At this time, it is not just physically difficult for the expectant mother to do her job. As a rule, the closer to childbirth, the more the woman's thoughts are focused on the upcoming motherhood, and professional interests fade into the last plan.

However, not only these factors affect a woman's ability to work with full dedication. It often happens that her working conditions are harmful to pregnancy.

Harmful working conditions

Even the most common activities during pregnancy can have a negative impact on the body of the expectant mother and baby. Most often, the following types of work are harmful to women:

• Associated with lifting various weights, especially from the floor. It is also unsafe to lift weights above shoulder level.
• With monotonous work, especially when the working posture is forced. When carrying a baby, you cannot rest against your chest or stomach, squat or kneel.
• Associated with radiation or electromagnetic radiation, vibration, high noise levels, exposure to toxic substances.
• In case the expectant mother is forced to constantly strain the muscles of the abdomen and lower extremities.
• Requiring significant psycho-emotional stress.

As a rule, many working specialties fall into the category of harmful ones, however, prolonged sitting at the computer can also have a negative effect on the course of pregnancy, especially with an improperly equipped workplace.

Often, expectant mothers need to change their working conditions. This is regulated by the Labor Code of the Russian Federation (Labor Code of the Russian Federation) and is defined as the right to easy labor. It involves transferring to another place of work or improving conditions.

Labor Code of the Russian Federation

The law and the Labor Code of the Russian Federation protect the rights of women when carrying a child. They are spelled out in Articles 254 and 93. Since not all employers are happy to meet expectant mothers, it is necessary to know well your legal possibilities and freely use them.

According to article 254 of the Labor Code of the Russian Federation, women in a position have the right to the following changes in labor activity:

1. Decrease in production or service rates.
2. Transfer to another place of work, where the influence of harmful factors is excluded.
3. Maintaining the average pay for professional activities, regardless of changes in conditions.

Article 93 of the Labor Code gives an employee the right to work according to a special schedule. At the request of the expectant mother, the employer is obliged to provide her with the opportunity to work part-time, as well as part-time. Moreover, such professional activities are paid on average.

This is what is included in the general concept of "easy work". However, the Labor Code of the Russian Federation does not decipher this term in more detail, in connection with which disagreements may arise between the employer and the pregnant woman. And in such a situation, a document called SanPiN comes to her aid.

This is a documentary set of sanitary rules and regulations. It is he who quite specifically determines what working conditions are harmful for the expectant mother, and how to organize easy work for her. In addition, there are hygienic recommendations for the employment of pregnant women, which can also clarify this issue.

Easy labor

Transferring an employee to light work during pregnancy is an opportunity to continue her professional activity without harm to health and risk to the baby. There are general conditions that the employer must fulfill in relation to pregnant women. Expectant mothers have the right to:

• Refuse night work.
• Do not go on business trips.
• Do not work overtime, weekends or holidays.

However, if the woman wishes, these types of work can be provided to her.

Also, for the expectant mother, it is possible to reduce the production or service rate by up to 40%, which does not affect her earnings. It is kept in a medium size.

During the period of bearing a child, work associated with:

1. Exposure to viruses, bacteria and fungi, protozoa.
2. Staying in a draft, in conditions of increased windiness and humidity.
3. Infrared radiation. The temperature of the working surfaces cannot exceed 35 °.
4. Significant fluctuations in barometric pressure. In such conditions, pilots, flight attendants, and personnel of pressure chambers work.
5. Lack of natural light.

The workplace also has special requirements. A chair for a woman in position should have an adjustable back and seat, rotate. A cutout is required in the worktop. A footrest is also highly desirable.

The transfer of an employee to lightweight work is carried out at her request, to which a medical document from the LCD is attached.

Medical certificate

A certificate from the antenatal clinic is a medical report of the attending obstetrician-gynecologist. It indicates the very fact of pregnancy, the need to transfer a woman to light work and recommendations for light work. As a rule, the doctor indicates only general recommendations, and the employer selects a new job for the employee in accordance with the existing vacancies.

A medical certificate must be issued by a gynecologist at the request of a pregnant woman, regardless of the period, as soon as the fact of bearing a child is confirmed. Usually this is a document of the established form, which is certified by the seals of the attending physician and the head of the antenatal clinic.

The law guarantees the expectant mother the possibility of transferring to lighter work. And, if a medical institution refuses to issue a certificate to her, citing an early deadline or other reasons, she has the right to appeal against such a decision.

Usually, a statement addressed to the head of the antenatal clinic with a request to clarify the situation or even an oral appeal is sufficient. Since the transfer to easy labor is an unconditional right of the expectant mother, there are no problems in resolving the conflict.

Having received the conclusion of the gynecologist, the pregnant woman writes a standard application addressed to the employer with a request to transfer her to light work and encloses the conclusion from the antenatal clinic to it.

Until the transfer, the expectant mother can refuse work associated with harmful conditions, while, according to the law, she retains an average wage.

Other benefits

In addition to facilitated work, according to the law, a pregnant woman can add another leave to the sick leave for pregnancy and childbirth. It is also important that leave should be granted regardless of how much time she actually worked in this institution. To do this, you also need to submit an application addressed to the manager and attach a medical certificate.

If the employer refuses to transfer the employee to lighter work, citing the absence of occupational hazards in the workplace, she can contact the labor dispute inspectorate to resolve the conflict. In this case, the law will always be on her side.

It should also be remembered that dismissal during the period of bearing a child is allowed only at the woman's own application. A guarantee of her protection in this situation will be a certificate from the antenatal clinic confirming pregnancy.

The law and the Labor Code of the Russian Federation provide the expectant mother with the opportunity to work without harm to her own health and the development of the child. At the same time, in all cases, she retains the average earnings. It is only important to know well your rights in relation to transfer to light work and not to be led by unscrupulous employers.

A pregnant worker has the right to be provided with work that will not be harmful to her. Light labor for pregnant women is spelled out in the Labor Code in Article 254. It specifies the documents required to provide light labor and the terms of payment for it.

Transfer to another job of a pregnant woman

The documents on the basis of which the employer is obliged to transfer a pregnant employee to light work are:

medical opinion;

worker's statement.

In the absence of these documents, the employer has the right not to transfer to light work.

The concept of “easy work for pregnant women in the Labor Code” implies a decrease in production rates, a decrease in service standards, or a transfer to work that is not associated with adverse effects on a person. The terms of the transfer are indicated in the medical report. Light work should not be a source of increased physical activity. The level of chemical, biological and other effects should be low. A pregnant woman cannot work in a room without windows. The time of working with a computer is reduced to three hours per working day, or interaction with a computer is completely excluded.

The term for transferring a woman to light work is not established by law. It is understood that the employer is obliged to do this immediately after receiving the opinion and application.

If the employer is unable to provide a pregnant woman with a job that meets the requirements of a medical certificate, he is obliged to release the person from work. At the same time, the average earnings for a pregnant woman are preserved, it is paid at the expense of the employer. Release from work is formalized by order.

How to make a transfer

In the event that a decision is made to transfer a pregnant employee to work without unfavorable conditions, it is necessary to draw up a written agreement between the employer and the employee. It should spell out the new labor function of the employee, the terms of the agreement, and it is also necessary to provide for a change in wages.

On the basis of the agreement, a temporary transfer order is issued. You can use the unified form No. T-5 or compose it in any form.

An additional entry in the work book in such a situation is not made, since the transfer is temporary. The book contains only information about permanent translations.

A note about the transfer to light labor for pregnant women must be entered on the employee's personal card in section 3 “Hiring and transfers to another job”.

How to pay for a pregnant worker when transferring

A prerequisite for remuneration when transferring to light work is the preservation of average earnings. However, a situation is possible when, when a woman is transferred to another position, the salary exceeds the average earnings.

The amount of remuneration for light labor for pregnant women differs depending on the situation:

if the pay for the new position is less than the average earnings in the previous position, then the employee is entitled to the average earnings;

if the remuneration for the new position is equal to the average earnings for the previous position, then the salary for the work performed is paid;

if the remuneration for the new position is higher than the average earnings for the previous position, then the employee is paid the salary for the new position.

When the light labor period ends

The employer's obligation to support the employee in light labor for pregnant women ceases from the moment of her taking maternity leave. On the last day before the vacation, the supplementary agreement to the contract expires. The end of the translation is not recorded by additional documents. The return of the employee to the position held before the transfer is made automatically.

Article 254 of the Labor Code of the Russian Federation. Transfer to another job of pregnant women and women with children under the age of one and a half years

The text of the article.

Comments on the article

The right of a pregnant woman to be examined during working hours

According to article 254 of the Labor Code of the Russian Federation, a visit to a doctor during pregnancy is allowed directly during working hours. Pregnant women undergo compulsory medical examinations:

• visit an obstetrician-gynecologist once every two weeks (at least 10 times during the entire pregnancy);
• a general practitioner (at least 2 times);
• ophthalmologist, ENT specialist, dentist (at the first visit).

In addition, special additional examinations and tests (ECG, CTG, blood tests) are prescribed for pregnant women. Moreover, if the pregnancy is complicated, then the woman needs more frequent medical supervision and a more serious examination.

Visiting doctors during pregnancy is time consuming. Moreover, most of the medical appointments and examinations can occur during the working hours of a pregnant employee. Despite their position, pregnant women are obliged to comply with the rules and work procedures established by the employer. But the legislation establishes a number of restrictions (which must be observed by the management in relation to female employees) and special working conditions for female employees in the position.

In particular, part 3 of article 254 of the Labor Code of the Russian Federation enshrines the right of women to undergo compulsory dispensary medical treatment. examinations during working hours. And the responsibility of the management is to keep the average earnings of a pregnant woman for the period of absence. Thus, all planned medical appointments, as well as additionally prescribed examinations, a woman has the right to undergo during working hours. At the same time, one should not be afraid of losing earnings for the missed hours, and even more so to be afraid of dismissal.

Nevertheless, in practice, problems and conflicts with management often arise:

• Some employers believe that a pregnant woman should work missed hours due to a doctor's appointment.
• Others require mandatory documentary evidence of a valid reason for absence (medical certificate).
• Others believe that a woman is abusing her right to be absent from work due to examination, and uses this time for personal needs. And they believe at the same time that they have the right to impose a penalty on her.

Let's take a closer look at which of the management's requirements are legitimate and which are not: is it necessary to work out a pass, is the employer entitled to require a certificate, and can a pregnant woman be subject to a penalty (a remark or a reprimand, since it is impossible to fire a pregnant employee)?

The essence of part 3 of article 254 of the Labor Code of the Russian Federation boils down to the fact that a woman retains an average earnings while she is being examined by a doctor. And this means that the management has no right to demand the working off of the missed hours. It is also illegal to deduct unworked hours from wages.

As for the provision of a certificate, this issue is still controversial. The fact is that the legislation does not assign to a pregnant woman the obligation to warn the management in advance about the examination and to present a medical certificate after each medical appointment. At the same time, some lawyers and experts believe that a woman can take advantage of the guarantee given to her by part 3 of article 254 of the Labor Code of the Russian Federation simply on the basis of a certificate confirming pregnancy. However, such a literal understanding of the law somewhat infringes upon the interests of the employer. Indeed, in this case, he really will not be able to make sure that the woman was in honey. institution, and therefore has the right to believe that it is absent without good reason. Therefore, most lawyers believe that it is in the interests of the employee herself to warn her superiors about visits to a doctor and provide some kind of supporting document. Since no official form for such confirmation has been developed, it is believed that it is possible to present a certificate drawn up in any form or honey. ticket. It is desirable that the coupon or certificate contains the date and time of the examination.

If a pregnant employee does not document the reason for her absence in any way and is clearly abusing her right, then disciplinary sanction (any, except for dismissal) can be applied to her only by proving her absence from work without good reason. Pregnant women, like other workers, can be penalized for misconduct. The procedure for the application of penalties is common to all and is established by Article 193 of the Labor Code of the Russian Federation. And, according to the general procedure, before applying any penalty, the employer takes a written explanation from the employee. Therefore, before making a remark to an employee or giving a reprimand for absence from the workplace, the manager must request an explanatory letter. If a pregnant employee can explain the fact of absence from work, then the penalty should not be applied. It is important to remember that any penalty, if it was nevertheless imposed, can be appealed.

Thus, pregnant employees are in the organization “in a special position” and can make visits to the doctor without fear of being punished in some way, and even more so fired. But at the same time, it is better to have confirmation of your stay in a medical institution. Abuse of one's position can lead to foreclosure. And besides, the employer needs to keep track of the working time of the pregnant woman, and he does this on the basis of the certificates or honey provided by her. coupons.

Easy Labor During Pregnancy: The Obligations Of The Employer And The Rights Of The Pregnant Woman

The legislation establishes the possibility of maintaining the health of the expectant mother and baby through labor protection. It consists in creating special working conditions for a pregnant woman, which will contribute to the harmonious, healthy intrauterine development of the fetus. The Labor Code secures for the expectant mother not only the right to easy labor during pregnancy, but also certain financial guarantees, as well as preservation of the place of work.

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

What is easy labor during pregnancy?

The Labor Code does not clearly define “easy labor during pregnancy”. But the obligation of the employer, in the presence of a medical certificate, to reduce production rates or transfer a woman to an easier job, excluding the influence of harmful production factors, is legally enshrined. At the same time, the average earnings of the worker should remain. Light work implies a professional activity that requires less physical effort and does not adversely affect the development of the fetus.

A pregnant woman should not perform work related to:

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

Rights and obligations

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

A pregnant woman is entitled to full annual paid leave. At the same time, 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 duty to comply with sanitary standards at the workplace of a pregnant woman. 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 renew the agreement.

The work of a pregnant woman, regardless of the area in which she works, must meet the conditions specified by legislation. So, in industry, if the activity is related to assembly, sorting, packaging, operations must be automated. In this case, the employer is obliged to take care of sufficient lighting in the room to exclude eye strain. Light labor during pregnancy should completely eliminate the increased emotional stress.

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

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

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

When performing piecework, the production rate is reduced by 40%. At the same time, the remuneration for light labor during pregnancy is not reduced. If a woman works in agriculture, then during pregnancy she is released from work related to animal husbandry and crop production. Moreover, this is valid from the first day of pregnancy confirmation.

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

Features of labor of pregnant women

The peculiarities 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 the computer.
• Ability to switch to a part-time work week. Payment is made in proportion to the time worked; the work schedule does not affect the duration of the vacation.
• The right to receive payment for the days of forced absenteeism if the employer cannot immediately provide it with the proper working conditions.
• Obtaining a full vacation, regardless of the length of service at the enterprise.
• The right to refuse business trips, not work night shifts, not work overtime, on weekends and holidays.

A pregnant woman cannot be dismissed at the initiative of the employer, even if, when hiring, the woman did not inform him of her situation. If the employee was accepted for a certain period, but the employment contract has ended, it is enough for her to write an application for the extension of the agreement and attach a medical certificate confirming the pregnancy. And only after the end of pregnancy, the employer can fire the employee within a week, with whom the term of the employment contract has expired.



But the dismissal of a pregnant woman can be legal in the only case: if an employment contract with her was concluded for the period of performing 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 those, she can be fired.

Terms of payment

As soon as a woman presents a medical report on the need for her to perform easier work, the employer is obliged to exclude such conditions that may adversely affect her health and development of the fetus. When transferring to another job, the salary may differ and not always in a favorable direction for the employee. Light labor during pregnancy has features of payment.

The employer should proceed as follows:

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

Also, a pregnant woman may wish to work part-time or for a week. This right is secured to her by law. In this case, the employer is obliged to pay for her work in proportion to the hours worked. All losses of the employer associated with the remuneration of pregnant women are borne by him. In this case, the FSS does not reimburse any costs.

If the working conditions of a pregnant woman provide for restrictions on the working posture, drafts, soaking clothes and shoes, changes in atmospheric pressure, low light, elevated temperatures at the workplace (more than 35 degrees), or if it is necessary 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 to her attending physician, who, at her request, is obliged to issue her a medical report on the need to transfer to light labor. After that, the employee provides the employer with an opinion and a statement with a request to perform the translation.

At the same time, it should be understood that there is no need to negotiate with the employer. Transferring a pregnant woman to light labor with a medical certificate is not a gesture of goodwill, but the duty of the employer.

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



If the employer refuses to provide easier working conditions and does not want to pay for the absence of the 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 it is necessary to notify the employer in writing. After that, you should go to court.

The reality is that the employer is unlikely to be delighted with the pregnancy of the employee, and even more so 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 an average wage. The main thing in this situation is to know your rights. A medical certificate and a labor code will help a woman defend them. The court will always take her side, since maintaining the health of the expectant mother and baby is a national task.

Useful video about the peculiarities of the work of pregnant women


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Pregnancy and Work: The Law and Rights of a Pregnant Woman at Work

Pregnant woman's rights. Work during pregnancy

Human society, state, rights, law - these are words that are the basis of the life of any person. As soon as a woman finds out about her pregnancy, the first emotions are joy, happiness, a smile, dreams of a wonderful future together with a baby who, in nine months, will delight you with his birth. Despite the joyful moments, organizational issues also come to the “scene of events”. How to deal with your favorite work, how the team will react to such news, especially if the work is done together, and the final result and, accordingly, earnings depend on it. When maternity leave is due, and also interested in all the nuances associated with it. What rights does a pregnant woman have, what power does an employer have? In order not to guess on the coffee grounds and remain in the dark, it is better to understand each issue thoroughly. Only then you will be able not to worry and worry "about and without reason", but you can always remain confident in yourself, your rights and enjoy the joyful moments of pregnancy!



Legal proof of the onset of pregnancy. Fact in the face of superiors

Despite the fact that you feel the joy of the news of pregnancy, your superiors cannot experience the same feelings, and this is quite natural. Firstly, the employer does not want to let go of an experienced worker, and secondly, he calculates the possible "costs" and, thirdly, if he is a man, all the more in his head only a strict calculation, planning, schedules and other "real financial troubles ". Therefore, it is best not to pull the "cat by the tail" and provide timely proof of your position at work. This is a certificate issued by the antenatal clinic, the clinic where you registered for pregnancy. A certificate is an official document that must be registered with the personnel department, and, accordingly, a registration number is assigned to it. As an addition to your peace of mind, you can make a copy of the certificate from the antenatal clinic, on which the signature, date and number of the accepted document will be put by the hand of the head of the personnel department. Thanks to such actions, you will protect yourself from possible statements from the "evil authorities": "We did not know anything about her pregnancy."

"You can't be pardoned to dismiss"?

It is such an order from the fairy tale "Twelve Months" without punctuation marks (only instead of the word "dismiss" it was written "execute"), signed by an illiterate capricious princess, suggests correct thoughts about the importance of knowing the laws. Only a clear knowledge of the laws will help a pregnant woman to remain confident in her rights and not be fired without any reason.

Labor Code of the Russian Federation, Chapter 41. Features of the regulation of the labor of women, persons with family responsibilities. Article 261. reads: "Termination of an employment contract on the initiative of an employer with pregnant women is not allowed, except in cases of liquidation of an organization or termination of activities by an individual entrepreneur." And even in the event of the liquidation of your workplace, work experience is not interrupted and monetary compensation is assigned if you use the labor exchange.

There may be another situation. Let's return to Article 261: "In the event of the expiration of a fixed-term employment contract during a woman's pregnancy, the employer is obliged, upon her application, to extend the term of the employment contract until she becomes entitled to maternity leave." This means that even if you have entered into an employment contract for a year, and its term expires while you are still pregnant, the employer is obliged to extend the term of the contract until the end of the pregnancy. By such actions, justified by law, a pregnant woman is "insured" against losing her job and has every right to calmly inform her baby and give birth.

In favor of pregnant women, I would like to note the importance of the Criminal Code, especially Article 145, which deals with the punishment of “negligent” employers who allowed themselves to illegally dismiss or not hire a woman in a “position”. The punishment consists of monetary fines established by the Law of the Russian Federation, and even compulsory work. If, nevertheless, you were unlawfully fired (we exclude drunkenness, theft and other negative actions), you with the relevant documents (a copy of the dismissal order, work book or a copy of the employment contract) go to court or write an application to the Labor Inspectorate. Rest assured, your legal rights will be restored! The main thing - do not hesitate and remember the classic saying "delay is like death"!

Pregnant woman's rights

So that the child in the womb develops normally, and his life and health are not threatened by various "difficult circumstances" from the outside, a pregnant woman has the right, I agree Article 254 of the Labor Code of the Russian Federation. "Transfer to another job of pregnant women and women with children under the age of one and a half years" and Article 259 of the Labor Code of the Russian Federation "Guarantees for employees when sent on business trips, engaging in overtime work, work at night, weekends and non-working holidays" and Articles 255. "Maternity leave" for:

• transfer from more difficult working conditions to "lightweight";
• part-time work with full pay;
• the ability not to go on business trips, not to go out to work on holidays or weekends, on the second or third shift (at night). Do not do overtime work;
• payment for working time spent on treatment and medical examination;
• maternity leave;
• responsible attitude on the part of the employer in relation to the pregnant employee.

But sometimes there is an "unforeseen situation" when the employer cannot find a "suitable" job for a pregnant woman. Leaving an employee in a “position” at a “harmful” workplace means breaking the law, plus - putting the health of a woman and an unborn child in danger. As the law prescribes, so that there are no violations, it is best to release the pregnant woman from work during the “search”. If, however, a suitable job was found, extend her stay at home until the end of the pregnancy, of course, with the payment of wages.

If we talk about work and pregnancy, I am personally saddened by only one fact - financial.
Pts many enterprises divide salary into black and white. On ours, for example, white, the standard salary is 8 thousand rubles. which are transferred to a Sberbank card, and the rest of the black salary is handed out at the cash desk.
So, the payment of maternity prenatal and after, is calculated from the white-salary. this is not fair and no court in FIG will help.
Or are there any ways to "get" the deserved money from the employer?

In general, how are maternity ones calculated correctly?
and is the employer now obliged to pay the nth amount every month after childbirth?

look there are such words
A pregnant woman has the right. to pay for working time spent on treatment and medical examination;

Does this mean that according to the law, when you need to visit a doctor, it is not necessary to take a day off, but simply to do it by asking time off during working hours?

About the rights of pregnant women

Pregnancy and childbirth: conception, tests, ultrasound, toxicosis, childbirth, cesarean section, giving. Article 93 of the Labor Code of the Russian Federation. Part-time working hours. The employer MUST set a part-time (shift) or part-time week on request.

If you are ready to receive a salary not for a full working day, but in proportion to the hours worked, then refer to this article of the Labor Code, write a statement to the employer with a request to reduce your working day by the number of hours you need and you will be happy. The employer is not obliged to shorten your working day and at the same time pay the full salary.

Article 93 of the Labor Code of the Russian Federation. Part-time working hours.
By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. The employer is OBLIGED to establish a part-time (shift) or part-time working week at the request of a PREGNANT woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member 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.

The Labor Code can be studied at your leisure, available here at any time. Look at the section "Warranties and Compensations", you may find something useful for yourself.

Reduction of a pregnant woman!

Up to one and a half years, you have the right to go part-time and at the same time you will not lose child support (if you suddenly need it). If you want to sit with a child under 3 years of age, write on all notifications - I do not agree due to pregnancy 5 months.

Part-time work

Part-time work. Need some advice. Work and career. With a shorter working day, the full amount of remuneration is retained, and with an incomplete payment, it is proportional to the time worked.

Easier working conditions for pregnant women?

Article 93 of the Labor Code: Part-time work By agreement between the employee and the employer, part-time (shift) or part-time work week can be established both upon hiring and subsequently.

need extracts from the labor code

Maternity leave is calculated in total and is granted to a woman completely regardless of the number of days, in fact, of this article; while on parental leave, they can work part-time or at home.

Excerpts from the Labor Code
Article 122. Procedure for granting annual paid leaves
Paid leave must be granted to the employee annually.
The right to use leave for the first year of work arises from the employee after six months of his continuous work in this organization. By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided:
women - before or immediately after maternity leave;
employees under the age of eighteen;
employees who have adopted a child (children) under the age of three months;
in other cases stipulated by federal laws.
Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leave established in this organization.
Article 123. Priority of granting annual paid leaves

The order of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization no later than two weeks before the onset of the calendar year.
The vacation schedule is compulsory for both the employer and the employee.
The employee must be notified of the start time of the vacation no later than two weeks before its start.
For certain categories of employees, in cases stipulated by federal laws, annual paid leave is provided at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work in this organization.
Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years

For pregnant women, in accordance with a medical report and at their request, production rates, service rates are reduced, or these women are transferred to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings from their previous job.
Until the issue of providing a pregnant woman with other work that excludes the impact of unfavorable production factors, she must be released from work with the preservation of the average earnings for all work days missed as a result, at the expense of the employer.
When passing the obligatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work.
Women with children under the age of one and a half years, in case of impossibility of performing the previous work, are transferred upon their application to another job with the preservation of the average earnings from the previous job until the child reaches the age of one and a half years.

Article 255. Maternity leave

Women, at their request and in accordance with a medical opinion, are granted maternity leave with a duration of 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, at the birth of two or more children - 110) calendar days days after childbirth with payment of state social insurance benefits in the amount established by law.

ConsultantPlus: note.
On the issue regarding the procedure for granting postpartum leave in case of complicated childbirth, see the Instruction approved by the Ministry of Health of the Russian Federation on April 23, 1997 N 01-97.

Maternity leave is calculated in total and is granted to a woman completely regardless of the number of days she actually used before giving birth.

Article 256. Parental leave

At the request of the woman, she is granted parental leave until the child reaches the age of three. The procedure and terms for payment of benefits for state social insurance during the period of the said leave are determined by federal law.
Parental leave can be used in full or in parts also by the child's father, grandmother, grandfather, other relative or guardian actually caring for the child.
At the request of a woman or persons specified in part two of this article, while on parental leave, they can work part-time or at home while retaining the right to receive state social insurance benefits.
For the period of parental leave, the employee retains his place of work (position).
Parental leave is counted towards the general and continuous work experience, as well as work experience in the specialty (except for cases of granting a pension on preferential terms).
Article 260. Guarantees for women when determining the priority of granting annual paid leaves

Before maternity leave or immediately after it, or at the end of parental leave, a woman, at her request, is provided with annual paid leave, regardless of the length of service in this organization.

Article 261. Guarantees for pregnant women and women with children upon termination of an employment contract

Termination of an employment contract with pregnant women on the initiative of the employer is not allowed, except in cases of liquidation of the organization.
In the event of the expiration of a fixed-term employment contract during a woman's pregnancy, the employer is obliged, upon her application, to extend the term of the employment contract until she becomes eligible for maternity leave.
Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal under paragraph 1, subparagraph "a" of paragraph 3, paragraphs 5 - 8, 10 and 11 of Article 81 of this Code).

Working hours?

Part-time working hours. By agreement between the employee and the employer, part-time or part-time work can be established both upon hiring and subsequently.

Labor Code of the Russian Federation.
Article 93. Part-time work

By agreement between the employee and the employer, part-time or part-time work can be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for the sick a family member in accordance with a medical report.
——————————————————————
ConsultantPlus: note.
On the issue of the procedure and conditions for the employment of women with children and part-time workers, see Resolution of the USSR State Committee for Labor, the All-Union Central Council of Trade Unions Secretariat dated 04/29/1980 N 111 / 8-51.
——————————————————————
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

In other words, if you agree to exist at your own expense on a part-time basis, then shorten it at least up to an hour a day. Personally, I made myself an extra day off.

Labor Code about the decree? Help, pliz!

3. After maternity leave (140 days), you can take parental leave, again I quote the Labor Code: “If desired, upon a woman’s request, while on parental leave, she can work part-time or at home ...

Problem

I am 7 weeks pregnant. I work as an accountant 8 hours a day. Working conditions are, in principle, normal. BUT: due to a static sitting position during the working day, my legs began to swell and my lower back hurt (it started with the onset of pregnancy). Do I have the right to light work (in the form of reduced hours of the working day) while maintaining average earnings? What can be done in such a situation?

Solution

Hello,

Yes, you have.

With regard to pregnant workers, light labor is mentioned only indirectly in Part 1 of Art. 254 of the Labor Code of the Russian Federation, which provides for pregnant women at their request and according to the medical report:
- transfer to another job, excluding the impact of unfavorable production factors, while maintaining the average earnings from the previous job;

The transfer of pregnant employees to another job, according to the medical report, is carried out in accordance with Art. 73 of the Labor Code of the Russian Federation, but taking into account the specifics established in Art. 254 of the Labor Code of the Russian Federation.
So, the employer must offer the pregnant employee in writing all available vacancies, which:
- according to the results of certification of workplaces, they are not associated with work in harmful, dangerous or difficult working conditions;
- comply with the requirements established by the Hygienic Recommendations, SanPiN, Resolution of the USSR Armed Forces of 10.04.1990 N 1420-1.

On the basis of an additional agreement, the employer issues order on temporary translation according to the form N T-5 or independently developed form. In the order, the employer will indicate:
- the term of the transfer (in the line "Transfer to another job" in the column "C" he will put down the date of issuance of the medical certificate, and in the column "Before" he will write "before the start of maternity leave");
- the reason for the transfer of the pregnant employee;
- new place of work, her position and salary;
- the basis of the transfer.

I would also like to draw your attention to the fact that before a pregnant woman is provided with other work that excludes the impact of unfavorable production factors, the employer must release her from work while maintaining the average earnings for all the working days missed as a result (part 2 of article 254 of the Labor Code of the Russian Federation). Such exemption is possible from the moment the employee submits a medical certificate and application, up to maternity leave.
If there is no easy work in the organization, then the employer is obliged to release the employee from work.
The employer must issue an order for the release of a pregnant employee from work. With which the employee must be familiarized with signature. What do you mean the order is not shown? In fact, you should be provided with it for signature.
On the basis of such an order, the accounting department will calculate the salary for the employee in the amount of the average earnings calculated on the date of release from work.

Solution

Hello!

1. You need to start by obtaining a medical certificate on the transfer of you to a job that will comply with SanPIN and exclude the influence of unfavorable factors. I am attaching the sanitary inspection, a medical certificate must be obtained from the ZhK. If suddenly this certificate is not given to you, then proceed as described in the Algorithm on our website, how such women acted in the same situation:

http://taktaktak.org/blog/posts/2014/04/11067/How to get a certificate in the antenatal clinic, which gives a pregnant employee the right to easy work

2. Further, having received a certificate for transfer to another job that meets the sanitary requirements for pregnant women, you need to write an application to the employer for transfer to another job, attaching the medical certificates of Article 254 of the Labor Code of the Russian Federation, then you must either be transferred to a suitable job with preservation of the average earnings, or if there is no such work, then you must be released from work with the preservation of the average earnings for the entire period until they can find such a job, and if they cannot, then you will stay at home until the BiR vacation.

All employers do not want to transfer to another job, and even more so they do not want to release them from work while maintaining their average earnings, and therefore, study how to defend your rights and write the sample statement that we offer on this website:

http://taktaktak.org/document/8233Sample application of a pregnant employee to the employer for transfer to light work, taking into account the requirements of the law

http://taktaktak.org/document/7978How to protect your right to transfer to light labor for a pregnant employee

3. And yet, if the employer agrees to the transfer or to release you from work, then in this case an additional agreement to the TD is drawn up, you must take the second copy in your hands and there must be an order, it is also better to take a certified copy in your hands.

I also attach a sample order, it may be like this.

And do not make such a mistake, as did this consultant http://taktaktak.org/problem/12288#comment_50103, which in words agreed that she would stay at home, as a result, no one paid her anything, and that's all that's right, the paperwork is documentary, in writing. So, now she cannot receive benefits either. So, you must complete all the documents.

• Sanitary rules and regulations for women and pregnant women.doc

And just in case, I warn you that if they threaten, when you will be offered another job, and you will refuse, because it will not meet sanitary standards, then it happens that they start to threaten that they will apply Article 73 of the Labor Code of the Russian Federation and be fired and this will not be the employer's initiative, so, pregnant women and Article 73 of the Labor Code of the Russian Federation are not comparable in any way, you are not sick, you are pregnant and in your case everything is regulated by article 254 of the Labor Code of the Russian Federation. By the way, this is all indicated in our sample application to the employer, but in every case I draw attention to this separately.

And yet, I am attaching a consultation from the legal system on the same topic.

That is, you are offered a job that does not comply with the Sanitary Regulations, you write a written refusal and indicate that the proposed work does not comply with the Sanitary Regulations for such points and list.

And yet, all the documents you now submit to the employer against signature, so that on the copies of your applications you will be signed and the date of receipt of these documents from you.

I have not met an employer who would normally treat pregnant employees, and therefore do not give the employer a reason to declare that you did not submit an application, that you handed in a certificate of incapacity for work for BIR leave, etc.

And let's now deal with your wording:

Do I have the right to light work (in the form of shorter working hours) while maintaining average earnings

Article 254 of the Labor Code of the Russian Federation:

1. You can either be transferred to another job while maintaining your average earnings

2. You may be reduced Forms of production, norms of service, if this leads to the fact that working hours will be less, then yes, while maintaining the average earnings

But, not all women understand when the employer slips them to sign documents for transfer to part-time (working day or working week), here be very vigilant, maybe. this is Article 93 of the Labor Code of the Russian Federation, and in this case this time is paid in proportion to the time worked.

And therefore, read the documents, how all these points are formulated in them and how the payment is described in this case, it should be specifically indicated that with the preservation of the average earnings.

no more than three hours per work shift), subject to compliance with the hygiene requirements provided for by sanitary rules.

When you still go to the ZhK for help, ask for the work to be indicated, what is recommended, so that it corresponds to the SanPINs and to indicate the data. And also, it is better to clearly spell out what kind of work you are now recommended.

Features of the work of pregnant women The 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 the computer.
• Ability to switch to a part-time work week. Payment is made in proportion to the time worked; the work schedule does not affect the duration of the vacation.
• The right to receive payment for the days of forced absenteeism if the employer cannot immediately provide it with the proper working conditions.
• Obtaining a full vacation, regardless of the length of service at the enterprise.
• The right to refuse business trips, not work night shifts, not work overtime, on weekends and holidays.

A pregnant woman cannot be dismissed at the initiative of the employer, even if, when hiring, the woman did not inform him of her situation.

Easy labor during pregnancy from how long

As for how many hours a woman should work during the day, who is preparing to become a mother, the Labor Code of the Russian Federation does not legalize the maximum working day for a pregnant worker. If necessary, the expectant mother can submit a medical certificate to the manager, in which the doctor, taking into account the well-being of the pregnant woman, will write a ban on working hours of more than eight hours.

If there is such a medical report, the employer is obliged to write an order and take it into account when forming the time sheets of a pregnant employee. There is also a freelance situation in which the manager cannot find a suitable job for a pregnant woman.

Leaving an employee in a difficult workplace is a violation of the law, in addition, it poses a threat to the health of a woman and an unborn baby.

Easy labor: when can an employer not transfer a pregnant employee?

The Labor Code also sets out the rights and obligations of the employer and the mother-to-be. The main duty of the employer is the timely transfer of the employee to light work.

If the management of the enterprise is not immediately able to provide the employee with adequate working conditions, and this will take some time, the woman is temporarily released from work. However, the employer is obliged to pay her for all days of absence from the workplace.

A woman has the right to take annual paid leave. Work experience does not matter here. This leave can be granted both before and after maternity leave.

Another obligation is imposed on the employer by the Labor Code. Light labor during pregnancy presupposes compliance with sanitary requirements.

The employer has no right to fire a pregnant woman on his own initiative.

Easy Labor During Pregnancy: The Obligations Of The Employer And The Rights Of The Pregnant Woman

Important

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

A pregnant woman is entitled to full annual paid leave. At the same time, 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 duty to comply with sanitary standards at the workplace of a pregnant woman. In addition, the legislation guarantees its preservation for the woman in the position.

From what stage of pregnancy should you transfer to light labor?

Personnel officer. ru ”, 2011, N 11 HOW TO TRANSFER A PREGNANT EMPLOYEE TO EASY WORK Situation: the seller N. Shnitko turned to the personnel department with a request to transfer her to“ light work ”in connection with pregnancy.

Now she works according to the schedule "two days in two", the shift lasts from 9:00 to 23:00. What kind of work can be considered easy? Can an employee be denied such a request? And how to arrange a translation? Personnel officers often come across such requests.

First of all, we note that the state of pregnancy in itself is not a reason for the transfer of an employee to "light work". In general, the concept of "easy labor" is absent in the Labor Code of the Russian Federation. According to Art. 259 of the Labor Code of the Russian Federation, it is prohibited to send pregnant women on business trips, to involve them in overtime work, night work, weekends and non-working holidays. Night in accordance with Art.

Hq lawyer

Therefore, every woman should understand what easy work during pregnancy is, how is it paid and what to do if the employer does not provide for such conditions? Content:

• What is easy labor during pregnancy?
• Rights and obligations
• Conditions
• Features of labor of pregnant women
• Terms of payment
• Helpful Tips for Moving to Light Job
• Useful video about the peculiarities of the work of pregnant women

What is easy labor during pregnancy? The Labor Code does not clearly define “easy labor during pregnancy”. But the obligation of the employer, in the presence of a medical certificate, to reduce production rates or transfer a woman to an easier job, excluding the influence of harmful production factors, is legally enshrined. At the same time, the average earnings of the worker should remain.

Features of labor during pregnancy

As a rule, the doctor indicates only general recommendations, and the employer selects a new job for the employee in accordance with the existing vacancies. A medical certificate must be issued by a gynecologist at the request of a pregnant woman, regardless of the period, as soon as the fact of bearing a child is confirmed. Usually this is a document of the established form, which is certified by the seals of the attending physician and the head of the antenatal clinic. The law guarantees the expectant mother the possibility of transferring to lighter work.

Attention

And, if a medical institution refuses to issue a certificate to her, citing an early deadline or other reasons, she has the right to appeal against such a decision. Usually, a statement addressed to the head of the antenatal clinic with a request to clarify the situation or even an oral appeal is sufficient.

Since the transfer to easy labor is an unconditional right of the expectant mother, there are no problems in resolving the conflict.

Transfer to light labor for pregnancy

The basis is the average daily salary, which is calculated by dividing the total amount paid by the number of days of going to work. The average salary is determined by multiplying the daily rate by the number of days worked. Useful recommendations A medical report is issued in the antenatal clinic. You need to understand that it is not necessary to negotiate with the employer about changing working conditions, since this step is his direct responsibility. If the management of the organization claims that there is no easy work for the employee and proposes to write a letter of resignation on her initiative, such actions are considered illegal. In accordance with the Labor Code, the employer, if it is impossible to ensure proper conditions, is obliged to pay the employee for the forced time off. In case of refusal to provide light labor and the mentioned payments, the rights of the employee may be defended in court.

This is regulated by the Labor Code of the Russian Federation (Labor Code of the Russian Federation) and is defined as the right to easy labor. It involves transferring to another place of work or improving conditions.

Labor Code of the Russian Federation The law and the Labor Code of the Russian Federation protect the rights of women when carrying a child. They are spelled out in Articles 254 and 93. Since not all employers are happy to meet expectant mothers, it is necessary to know well your legal possibilities and freely use them.

According to article 254 of the Labor Code of the Russian Federation, women in a position have the right to the following changes in labor activity:

1. Decrease in production or service rates.
2. Transfer to another place of work, where the influence of harmful factors is excluded.
3. Maintaining the average pay for professional activities, regardless of changes in conditions.

Article 93 of the Labor Code gives an employee the right to work according to a special schedule.
Modern women often do not inform their employers about pregnancy, because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child.

The Labor Code states that a woman is entitled to light labor due to pregnancy. How long does it take to request a translation? Will wages change? What to do if the employer cannot create the necessary conditions for easy work? Labor Code of the Russian Federation: pregnancy, easy labor The labor legislation does not contain a definition of the term “easy labor”.

However, it obliges all employers, if the employee has a certificate with a medical certificate, to reduce the production rate specifically for her or to arrange a transfer to the appropriate position in order to exclude the influence of destructive factors of production.
Late pregnancy is the most unfavorable period for performing your professional duties. At this time, it is not just physically difficult for the expectant mother to do her job. As a rule, the closer to childbirth, the more the woman's thoughts are focused on the upcoming motherhood, and professional interests fade into the last plan. However, not only these factors affect a woman's ability to work with full dedication.
It often happens that her working conditions are harmful to pregnancy. Harmful working conditions Even the most common activities during pregnancy can have a negative impact on the body of the expectant mother and child. Most often, the following types of work are harmful to women:

• Associated with lifting various weights, especially from the floor.

And secondly, you can "close" the issue by drawing up an employment contract with employees on remote work (Chapter 49.1 of the Labor Code of the Russian Federation). 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 contract. 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 at the moment you receive a certificate from the employee. This is a serious project that requires serious time and labor.

A pregnant woman needs to reduce production or service rates or transfer her to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings from her previous job (part 1 of article 254 of the Labor Code of the Russian Federation).

At the same time, the employer can transfer a pregnant woman to another job only at her request, which the employee expresses in the application, and on the basis of a medical opinion on the need to transfer to light work. Accordingly, if the employee does not submit these documents, the employer will not be obliged to translate her.

In addition, a medical report may limit the length of daily work for a pregnant woman. The employer must take these restrictions into account when changing the work schedule of a pregnant worker.

If the employee refuses a temporary transfer or the employer does not have a suitable job for her, the employee must be released from work while maintaining the average earnings for all the working days missed as a result, at the expense of the employer (part 2 of article 254 of the Labor Code of the Russian Federation).

In addition, during pregnancy, a woman can work part-time if she submits a pregnancy certificate and a corresponding statement to the employer (part 2 of article 93 of the Labor Code of the Russian Federation).

PROCEDURE FOR REGISTRATION OF TRANSFER TO EASY LABOR

1. Obtain a medical certificate from a pregnant worker, which contains prohibitions or restrictions related to work at her previous job.

It is also necessary that she wrote an application asking for a transfer to another job.

Part 1 of Art. 254 of the Labor Code of the Russian Federation, a medical report is mentioned, but instead, an employee can submit a certificate.

The procedure for issuing certificates and medical reports by medical organizations was approved by Order of the Ministry of Health and Social Development of Russia dated 02.05.2012 No. 441n. Medical certificates and medical reports are issued in free form. The certificate is signed by the attending physician, certified by the personal seal of a specialist physician. The medical report is signed by the medical specialists participating in its issuance, the head of the medical organization, certified by the personal seals of the medical specialists and the seal of the medical organization, in the imprint of which the full name of the medical organization must be identified in accordance with its charter.

If the medical certificate has all the signs of a medical report (in particular, a signature), the employer has no right not to accept such a document just because of the name "certificate". If the certificate does not have the character of a medical certificate, and the employer does not accept it for this reason, the employee has the right to apply to the employer again, presenting a medical certificate, drawn up in a proper manner.

2. Offer a pregnant worker in writing a job or a list of jobs (vacancies) that are not contraindicated for her for health reasons. In the proposal form, we recommend that you provide free lines, in one of which the employee can indicate whether she agrees to transfer (to which position) or refuses all vacancies (example 2).

When deciding what kind of work a pregnant worker can do, the organization should be guided by:

Section 4 of SanPiN 2.2.0.555-96 "Hygienic requirements for working conditions of women" (approved by the Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated 28.10.1996 No. 32).

3. If a pregnant employee agrees to a temporary transfer, it is necessary to conclude an additional agreement with her to the employment contract (Articles 72, 72.1 of the Labor Code of the Russian Federation).

In the supplementary agreement to the employment contract, it is necessary, in particular, to indicate:

The position to which the pregnant worker is transferred;

Structural subdivision - department, service, management, department (if there are structural subdivisions);

New salary (official salary);

The term of the temporary transfer is until the employee is granted maternity leave in accordance with the established procedure.

Since the supplementary agreement to the employment contract is an integral part of this contract, it is usually drawn up by analogy with it: it is signed by both parties to the employment contract, in duplicate (example 3). The employee signs on the copy of the employer that he received a second copy of the supplementary agreement.

4. Issue an order for the temporary transfer of a pregnant worker to another job.

An order on the temporary transfer of an employee can be issued according to the unified form No. T-5 (approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1) or according to a form independently developed and approved by the employer.

In the line "Basis" of the order, you must indicate the numbers and dates of the application, additional agreement and medical report on pregnancy.

The order must be presented to the employee against signature (example 4).

Note that a record of a temporary transfer to another job is not entered in the employee's work book, since only records of a transfer to another permanent job are made there.

Accordingly, an entry on the temporary transfer is not made in the employee's personal card.

SAVING AVERAGE EARNINGS DURING TRANSFER

When a pregnant woman is transferred to a job that excludes the impact of unfavorable production factors, including a lower-paid job (position), she retains the average earnings from her previous job (position) for the entire period of such transfer.

From the norms of Part 1 of Art. 254 of the Labor Code of the Russian Federation it follows that:

If the salary for the new position is lower than the average salary for the previous job, the salary for a pregnant woman is set equal to her average salary for the previous job;

If the salary for the new position is higher than the average salary for the previous job, the salary for the new position is set;

If the salary for the new position is equal to the average salary for the previous job, the salary for the work performed is set.

The new wage is indicated in the supplementary agreement to the employment contract and in the order for the transfer of the employee.

As we have already said, if a pregnant employee refuses a temporary transfer or the employer does not have a suitable job, then she must be released from work - also with the preservation of the average earnings for all work days missed as a result, at the expense of the employer.