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Are pregnant women allowed to do light work? Conditions for working with weights. When does the easy labor period end?

The state provides a clear system of labor protection for pregnant women. Preferential, special, working conditions are created for expectant mothers at the workplace, which are aimed at protecting their health and ensuring the harmonious, full-fledged intrauterine development of the child. Thanks to these benefits, a pregnant woman receives the right to light work; they also further legally provide the expectant mother with financial guarantees and the safety of her workplace. In this regard, there is such a thing as light labor during pregnancy.

Light work during pregnancy: your right and duty

Unfortunately, many women underestimate the importance of the transition to light work for pregnant women (meaning prenatal health care for the child) and continue to work as usual, keeping silent about their situation at work until the time when everything becomes obvious anyway. As a rule, internally such women are even proud of themselves in some way: here I am, how hardy, strong, I work as always - on an equal basis with everyone else. But, dear women, remember that not all working conditions are favorable for pregnancy! Indeed, with such work, the expectant mother can cause direct damage to the health of the child!

It is important to know about the existence of clear working conditions for pregnant women and their transfer to light work. Do not be afraid to tell your employer about this - not only will he not be able to fire you, but he is simply obliged to provide you with easier working conditions, even if you got this job in the early stages of pregnancy without informing management about it.

But there are also cases when the expectant mother, having heard enough advice from all sides, begins to focus her attention too much on, while fencing herself off from all affairs, avoiding physical work and any muscle load, and begins to lead a sedentary lifestyle. As a rule, in such situations, obesity can occur very quickly, which, in turn, can harm the baby.

Pregnant women benefit from physical education and non-debilitating physical activity. This also applies to physical labor. A variety of general physical and motor activity can be moderate physical labor at a calm pace, which will be not only useful, but also necessary for the health of every expectant mother.

What is meant by light labor during pregnancy:

A pregnant woman has the right to be transferred to light work, in which the influence of negative factors of production is excluded. The basis for the transfer to light work during pregnancy is the application of the employee and the corresponding medical certificate attached to it.

- working conditions for pregnant women

Pregnancy is a special, exceptional state of a woman's body, in connection with which special conditions are intended for both work and rest for pregnant women, there are various restrictions and prohibitions for them. So, in particular, expectant mothers are forbidden to work in industries where the negative impact of some factors on the fetus is possible, among which are:

  • elevated temperature;
  • vibration
  • some chemical compounds;
  • radiation exposure.

It is important that when transferring to lighter work during pregnancy, the previous average earnings of a woman are necessarily preserved.

If the work of a pregnant woman requires intense physical overload and is even fraught with dangers, then, at least in the period of preparation for motherhood, she must be transferred as soon as possible to another, safer, workplace.

- features of the organization of light labor during pregnancy

  • from the earliest stages of pregnancy, expectant mothers are exempted from work at night, on weekends, from business trips, from any additional workload;
  • at the workplace of a pregnant woman, harmful synthetic substances, technical aerosols should not be used; also vibration and ultrasound should not be present there;
  • a woman cannot constantly work in a sitting or standing position, but also cannot walk continuously (in total, for one shift, the distance traveled by a pregnant woman should not exceed 2 km);
  • it is forbidden to entrust pregnant women with work that needs to be done on their knees, with emphasis on the chest or stomach, as well as in a bent position or squatting;
  • pregnant women and breastfeeding women are not recommended to engage in work related to the use of a PC, or it should be limited in time.

And in conclusion, we can say the following: physical work is useful and necessary for a pregnant woman, but only if she is calm and moderate. Do not hesitate to talk about your situation and do not forget about your right to easy work, because caring for the bearing and birth of a healthy baby is a national interest.

Labor legislation provides a number of guarantees for pregnant employees. One of them is to reduce the workload or transfer to another job if there are medical indications. The basis is a certificate for light work during pregnancy.

Easy job for a pregnant employee

Light work involves work activities that require less physical activity and that will not adversely affect the development of pregnancy.

For example, for most medical reasons, a pregnant employee should not be allowed to work related to:

  • neuro-emotional stress;
  • pathogens of infectious diseases;
  • increased radiation;
  • weight lifting;
  • working at a computer for more than 3 hours in a row;
  • infrared radiation, etc.

But in order to use the provided guarantee, the employee must apply for a reduction in workload and provide a certificate (medical report).

The medical report may state:

  • what kind of work is contraindicated for a pregnant woman;
  • requirements to reduce production rates;
  • recommendations for creating safe working conditions;
  • other individual recommendations for work.

Transfer to light work due to pregnancy

The term "light labor for pregnant women" is used in practice. There is no such concept in the legislation. Using this term, employees of the personnel department mean a reduction in the workload of a pregnant woman as a guarantee provided for in Art. 254 of the Labor Code of the Russian Federation.

The Labor Code obliges employers, at the request of a pregnant employee and in the presence of a medical certificate, to transfer the pregnant woman to light work. This means that the employer must:

  • reduce her standards of service;
  • reduce her production standards;
  • transfer it to a job that excludes the impact of negative production factors.

Often, employers have a question about how much they transfer to light work. The Labor Code does not specify the gestational age from which an employee is entitled to a transfer. Therefore, an employee has the right to apply with such a statement from any stage of pregnancy, but only if there is a medical certificate indicating that there is such a need for this.

How are easy jobs paid?

The work of a pregnant woman with a reduced workload must be paid. According to Part 1 of Art. 254 of the Labor Code of the Russian Federation for the period of establishing light work, the employee retains the average earnings from her previous job.

In addition, if a pregnant woman applied for a transfer to a job that excludes harmful effects and (or) reduce her workload, and the employer could not immediately organize such work for her, the woman should be released from work. The employee is released from work until the employer provides her with suitable light work for pregnant women. Payment for all missed days as a result of this should be made at the average earnings.

In addition, a pregnant woman retains the average salary for the duration of the mandatory dispensary examination in medical organizations.

The rules for transferring to facilitated working conditions are regulated. It says that pregnant women, in accordance with a medical report and at their request, must reduce the norms of production, service, or transfer them to another job where there are no harmful production factors. At the same time, the company is obliged to keep the woman's average earnings in her previous position. And if there is no suitable vacancy, a pregnant woman must be released from work while maintaining the average income for all days of release.

Is it harmful?

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

But it is not always possible to "lean" on the results of a special assessment. A striking example of such a limitation is employees with traveling work, in respect of which an assessment is not necessary. And then companies have to act on their own. In order to avoid risks, I recommend that a pregnant employee meet 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 the "dangerous" type of activity - cancel traveling or provide office work.

Why is an application necessary?

If the company has received a medical certificate from the employee, and, taking into account the data of the special assessment, will introduce easier conditions for her, two documents must be prepared. The first is an additional agreement to the employment contract on changing the mode of operation, in which new conditions will be prescribed. In addition, another document is important - a statement on the provision of facilitated working conditions. It will confirm that the transfer is the desire of the employee, and not just the initiative of the employer. But if a woman does not write this document while pregnant, this indicates that she does not plan to be transferred to "light 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 inspectors will definitely request this document during verification. Such a transfer will be valid until the employee goes on maternity leave, but this nuance must be spelled out in an additional agreement before the introduction of light labor, and no documents need to be drawn up when it expires. The agreement will expire, and the employee will go on a long-awaited vacation.

Is it possible not to transfer to easy work?

Many employers do not even try to evaluate and analyze the requirements, but introduce "light work" to almost everyone who asks for it. Hence the dream of almost every pregnant employee that the company sends her home with an average salary due to the lack of "suitable" vacancies. And this happens quite often: a woman sits at home, receiving money, and the company temporarily loses a staff unit, but continues to bear the cost of her salary. Or he hires another employee to replace her, for example, under a fixed-term employment contract, while spending double the amount of money on wages.

However, translation is not always needed.

Let's analyze the situation with one of the BLS clients. A pregnant employee served as a medical representative and made visits to pharmacies and clinics. She brought a medical certificate of transfer to light work. But the employer questioned the need to change working conditions. His position was based on "", approved. The State Committee for Sanitary and Epidemiological Supervision of Russia on December 21, 1993, the 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 her plan, the company doubted that this limit was exceeded. A special commission was created, which measured the length of the employee's route and made sure that the norm was not violated. And taking into account the evaluation map of her workplace, it was concluded that her work was not hard. I will add that the employee then turned to the GIT with a complaint, but according to the results of the audit, the company's actions were recognized as correct.

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

Computer work and remote work

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

First, many employees ask to be transferred to light work based on the fact that they work at a computer, which they say is a dangerous factor. But it is not so. The harmfulness of such work can be determined only by the results of medical examinations. Their employer is obliged to carry out in accordance with and norms. But they are talking about cathode ray tube monitors, whereas now almost all workers have safer liquid crystal screens. And then only the special assessment, which I spoke about above, can determine the harmfulness of a computer. Today, perhaps, there are no such computers anymore, which by default are the reason for transferring to light work. This position was also confirmed by the Ministry of Labor of Russia in its own, 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 issuing an employment contract with employees on 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 the pregnant woman, for example, from home. But for such work it is necessary to conclude a separate form of contract. Naturally, this will require the termination of the current employment contract and the signing of 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 "remoteness" in advance, and not at the time you receive a certificate from an employee. This is a serious project that requires serious time and labor costs. But employers should definitely think about it.

A pregnant woman needs to reduce the norms of production or service or transfer her to another job that excludes the impact of adverse 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 for transfer to light work. Accordingly, if the employee does not submit these documents, the employer will not be required to translate her.

In addition, a medical opinion may limit the duration 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 job suitable for her, the employee must be released from work while maintaining the average earnings for all missed working days as a result of this 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 to the employer a certificate of pregnancy and a corresponding statement (part 2 of article 93 of the Labor Code of the Russian Federation).

PROCEDURE FOR REGISTRATION OF TRANSFER TO LIGHT LABOR

1. Obtain a medical certificate from a pregnant worker containing prohibitions or restrictions related to work activities at her previous job.

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

In part 1 of Art. 254 of the Labor Code of the Russian Federation mentions a medical report, but instead of it, the employee can submit a certificate.

The procedure for issuing certificates and medical reports by medical organizations was approved by the 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 the specialist doctor. The medical report is signed by the specialist doctors participating in its issuance, the head of the medical organization, certified by the personal seals of the specialist doctors and the seal of the medical organization, the imprint of which must identify the full name of the medical organization in accordance with its charter.

If the medical certificate has all the features of a medical report (in particular, a signature), the employer does not have the right not to accept such a document just because of the name "certificate". If the certificate does not have the nature of a medical report, and the employer does not accept it for this reason, the employee has the right to apply to the employer again, submitting a properly executed medical report.

2. To offer a pregnant employee in writing a job or a list of jobs (vacant positions) that are not contraindicated for her for health reasons. In the proposal form, we recommend providing free lines, in one of which the employee can indicate whether she agrees to be transferred (to which position) or refuses all vacancies (example 2).

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

Section 4 SanPiN 2.2.0.555-96 "Hygienic requirements for working conditions for women" (approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 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 an additional agreement to an employment contract, it is necessary, in particular, to indicate:

The position to which the pregnant employee is transferred;

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

The new size of wages (official salary);

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

Since an additional agreement to an 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 two copies (example 3). On the copy of the employer, the employee signs for the receipt of the second copy of the supplementary agreement.

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

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

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

It is necessary to familiarize the employee with the order against signature (example 4).

Note that an entry on a temporary transfer to another job is not entered in the employee's work book, since only entries on transfer to another permanent job are made there.

Accordingly, no record of a temporary transfer is made in the employee's personal card.

KEEPING AVERAGE EARNINGS DURING TRANSLATION

When a pregnant woman is transferred to a job that excludes the impact of adverse production factors, including a lower-paid job (position), she retains her 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 earnings for the previous job, the pregnant woman is set a salary equal to her average earnings for the previous job;

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

If the amount of wages for a new position is equal to the average earnings for the previous job, the amount of wages for the work performed is set.

The new salary 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 missed working days as a result of this at the expense of the employer.

Pregnancy is considered the natural state of a woman, so it is impossible to completely free the expectant mother from work. But many are faced with the fact that when carrying a baby, it is extremely difficult to even think about your responsibilities. What is the best way to deal with such a situation?

Pregnancy and work

It is difficult to say how long the expectant mother thinks about vacation. Each trimester of pregnancy brings its own challenges to a woman's life. And first of all it is reflected in work.

In the early stages, the expectant mother is worried about nausea, changes in appetite, poor health and constant drowsiness. It can be extremely difficult for her to focus 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 move actively, swelling may appear.

Late pregnancy is the most unfavorable period for the performance of their professional duties. At this time, the expectant mother is not just physically hard to do her job. As a rule, the closer to childbirth, the more a woman's thoughts are focused on the upcoming motherhood, and professional interests fade into the background.

However, not only these factors affect the ability of a woman 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. 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 can not rest on your chest or stomach, squat or kneel.
  • Associated with radiation or electromagnetic radiation, vibration, high noise levels, exposure to toxic substances.
  • In the event that 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, sitting at a computer for a long time can also not have the best effect on the course of pregnancy, especially if the workplace is not properly equipped.

Often expectant mothers need a change in 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 work. It involves a transfer to another place of work or improvement of 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 your legal options well and use them freely.

According to article 254 of the Labor Code of the Russian Federation, women in position have the right to the following changes in their work activities:

  1. Reducing the rate of production or maintenance.
  2. Transfer to another place of work, where the influence of harmful factors is excluded.
  3. Preservation of the average pay for professional activities, regardless of changes in conditions.

Article 93 of the Labor Code gives the right to an employee in a position to work according to a special schedule. At the request of the future mother, the employer is obliged to provide her with the opportunity to work part-time, as well as part-time work. At the same time, such professional activity is paid at an average rate.

This is what is included in the general concept of "light work". However, the Labor Code of the Russian Federation does not decipher this term in more detail, and therefore 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 which working conditions are harmful for the expectant mother, and how to organize easy work for her. In addition, there are hygiene recommendations for the employment of pregnant women, which can also clarify this issue.

light labor

Transferring an employee to light work during pregnancy is an opportunity to continue professional activities without compromising health and risking the baby. There are general conditions that an employer must comply with 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 a woman wishes, these types of work can be provided to her.

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

During the period of bearing a child, work related to:

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

Special requirements apply to the workplace. A chair for a woman in position should have an adjustable back and seat, rotate. The tabletop needs a cutout. A footrest is also highly desirable.

The transfer of an employee to light work is carried out upon her application, to which a medical document from the LCD is attached.

Medical certificate

A certificate from the antenatal clinic is a medical report from 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 workplace for the employee in accordance with 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 light 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 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 light work is the unconditional right of the expectant mother, there are no problems in resolving the conflict.

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

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

If the employer refuses to transfer the employee to light work, citing the absence of occupational hazards in the workplace, she can apply to the labor dispute inspectorate to resolve the conflict. 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 request. A guarantee of her protection in this situation will be a certificate from the antenatal clinic confirming the 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, she retains average earnings in all cases. It is only important to know well your rights in relation to the transfer to easy work and not be led by unscrupulous employers.