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Easy working conditions for pregnant women. Labor Code of the Russian Federation. How to apply for a leave of absence

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 legislative base of the Russian Federation defines a strict system for the protection of working pregnant women. The Law contains a list of benefits and conditions necessary for pregnant women to bear and give birth to healthy children. Any pregnant woman can enjoy the privileges granted to her by law and work in conditions that are comfortable for her. In addition, the law provides for the preservation of the workplace for a woman on maternity leave, so she can safely raise a child and return to her previous place of work. In addition, a woman on maternity leave is provided with finances. Light labor during pregnancy is common among pregnant women.

Light work during pregnancy: your rights and responsibilities

At the initial stage of pregnancy, most women continue to work in the usual rhythm and hide their position from their superiors. Many are even proud of themselves because they continue to work and consider themselves more resilient than other women. However, do not forget that pregnancy is a very delicate state, being in which you should pay maximum attention to your health and the health of the unborn baby, and not work.

Continuing to work in the same rhythm, pregnant women, even in the short term, cause irreparable harm to the health of their child, so you need to slow down and put work on the back burner. Every pregnant woman should know that laws have been established specifically for them, according to which she can apply for a change in her previous job to an easier one. You should never be afraid to tell your employer about the state of pregnancy, as he has no reason to dismiss a pregnant woman and must provide her with easier working conditions. Even if a woman got a job very recently or got a job while pregnant, her management should treat her with understanding and in compliance with her legal requirements.

A working pregnant woman must fully learn to control her feelings and do work in accordance with her well-being, and not someone else's advice and recommendations. A little physical activity will not harm and will even be useful. But the complete exclusion of physical work threatens the appearance of excess weight in a woman and a reflection on the health of the baby. Pregnant women should avoid a sedentary lifestyle and engage in at least minimal exercise. Experts recommend that pregnant women engage in physical activity that does not lead to exhaustion. They follow the same strategy at work. Physical activity in a calm rhythm can increase the tone of a pregnant woman and improve her well-being. It has been scientifically proven that exercise has a positive effect on pregnant women.

What is meant by light labor during pregnancy

Every working woman who is carrying a child should be transferred to light work with the complete exclusion of her interaction with harmful production factors. To obtain the right to light work, a woman must write a statement to the boss and attach a medical certificate confirming the pregnancy to it.

Working conditions for pregnant women

Pregnancy is a state of a woman in which she becomes a contender for exceptional conditions of work and rest. For pregnant women, there are some prohibitions regarding work. So, they cannot be involved in enterprises that pose a potential threat to the unborn baby.

Negative factors affecting the child include:

  • high temperature in the workplace;
  • the presence of strong noise during operation;
  • toxic chemicals;
  • other harmful factors.

You should know that if the working conditions of a pregnant woman change to lighter ones, her wages cannot be reduced. If a pregnant woman is engaged in work with heavy physical exertion, then the woman should be completely protected from such work, for a favorable preparation for motherhood.

Features of the organization of light labor during pregnancy

  • at the initial stage of pregnancy, a woman should immediately be exempted from work on the night shift and work on weekends. They are also protected from business trips and additional physical activity;
  • the workplace must be completely limited from the ingress of harmful substances and aerosols;
  • vibration and ultrasound should not appear at the workplace. The distance covered by a woman in one working day should not exceed two kilometers, and the work itself should be balanced;
  • the performance of a pregnant woman on her knees or squatting is strictly prohibited;
  • work with a computer should be limited in time.

Pregnant women need moderate physical work. Do not be afraid to talk about your situation, since the birth of a healthy baby is in the public interest.

Video: Work during pregnancy.

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

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

Grounds for transfer

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

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

Translation procedure

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

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

An employee who needs to move to a lighter job in connection with a medical conclusion - a certificate for light work, issued in the manner established by federal law and other regulatory legal acts of Russia, with his written consent, the employer must transfer to other work he has, which is not contraindicated for the employee due to his health.

There are several forms of providing a medical opinion:

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

Thus, this article determines which certificate for light work is issued to a particular employee.

Grounds for suspension from work

It can be said that a properly executed conclusion issued by the attending physician can serve as a basis for transfer to a job that is not contraindicated for the employee, or can become a reason for dismissal, in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation in the absence of a corresponding vacancy.

In the event that an employee, according to a medical report, who needs to be transferred for some time (up to 4 months) to another job, refuses such a transfer, or the employer cannot provide the appropriate job, he is obliged to suspend the employee for the entire period specified in the certificate on easy work, while maintaining his position and place of work. If an employee is suspended, he is not paid a salary.

The exception is the cases provided for by this Code, other federal laws, labor contract, agreements, collective agreement.

Cases of transfer to another job, exceeding 4 months

In the event that an employee, with a certificate of transfer to light work, needs to transfer to another job for a period exceeding 4 months or permanent, then if such a transfer is refused or if the employer does not have a suitable vacancy, the employment contract is terminated, in accordance with clause 8 of part 1 st. 77 of the Code.

With the heads of enterprises or organizations, representative offices, branches, with chief accountants and deputy heads, the employment contract is also terminated if such a transfer is refused, or if there is no suitable job, in accordance with paragraph 8 of part 1 of Art. 77 of the Code. The employer also has the right, with the written consent of the employee, to suspend him from work for a period determined in the agreement of the parties. The employee will not be paid during this period of suspension. Exceptions are cases provided for by this Code, other federal laws, labor contract, agreements, collective agreement. A sample certificate for light work is available from medical workers.

When transferred for medical reasons

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

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

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

Information about light work for pregnant women

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

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

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

Employment of people with disabilities

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

What documents need to be submitted for translation?

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

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

Design rules

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

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


Conclusion

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

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

What is a certificate for light work, we examined.

how many hours should a pregnant woman work when switching to light work

  1. do not confuse transfer to light work and part-time work. they are different things.
    light work is not a reduction in working hours, it is a decrease in the rate of production, the rate of service, or a transfer to another job that excludes the impact of adverse production factors, while maintaining the average earnings from the previous job. when transferring to light work, payment is made according to the average salary, which was before the transfer. transfer to light work is possible only with a medical certificate. (Article 254 of the Labor Code of the Russian Federation) and a pregnant woman can work part-time by simply writing an application, at will. the employer is obliged to provide such an opportunity to her. At the same time, the Labor Code of the Russian Federation does not stipulate exactly how much a woman should work. here, how to agree with the employer, work at least an hour a day, your right. However, wages will be paid for hours actually worked. (Article 93 of the Labor Code of the Russian Federation)
  2. 40 hours if you want to receive a full salary. If you want a shorter work week. write a statement. but the salary will be for hours worked.
  3. In accordance with Part 1 of Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time working day (shift) or a part-time working week at the request of a pregnant woman.
    The condition of part-time work, being agreed between the employee and the employer, becomes a mandatory condition for inclusion in the employment contract, which must be drawn up in writing (either in the form of an additional agreement to the employment contract or an annex to it). Ideally, in the form of additions to the employment contract. However, the employee can be calm even if he ends up with a copy of the application addressed to the employer with a mark of delivery and the employer's resolution or a copy of the employer's order to establish part-time work for him. An entry in the work book on the establishment of part-time work is not made.

    Part-time working hours can be set both for a fixed period and without specifying a period. The law does not directly state that if the circumstances that served as the basis for the introduction of the part-time working regime disappear, this condition of the employment contract is subject to cancellation. It seems that the most preferable option is to indicate in the application the period for which the employee asks to establish part-time work for him. The term can be defined both by a specific date and by an indication of an event that should occur. For example, a pregnant woman in the application may indicate that she is asking for part-time work until the end of her pregnancy. Failure to indicate the temporary or urgent nature of the part-time condition may result in the employer subsequently refusing to establish full-time work for the employee.

    Part-time work can be set as either a part-time work week or a part-time work day. In the first case, a woman reduces the number of working days during the week while maintaining the established length of the working day. In the second case, the reduction of working time is carried out by reducing the daily length of working time. The Labor Code does not exclude the possibility of establishing a part-time work week and part-time work for an employee at the same time.

    It should also be borne in mind that, while obliging the employer to establish part-time work for a pregnant woman at her request, the law does not indicate how and by whom the period for which the working time should be reduced is determined. In our opinion, since the law does not directly stipulate the right of the employee to independently determine the length of the working day required by her, it is better to resolve this issue in agreement with the employer and not bring the situation to a conflict.

  4. A pregnant woman can regulate the duration of working hours on her own.

    Article 93 of the Labor Code of the Russian Federation provides that, at the request of a pregnant woman, the employer is obliged to establish a part-time or part-time work week. In this case, the employer has no right to refuse to establish part-time work. A pregnant employee has the right to ask for a part-time working day or week, both at the time of employment and later. The specific number of hours by which the working day will be reduced is established by agreement between the employer and the pregnant woman. Remuneration is made in proportion to the hours worked or depending on the amount of work performed. If it is impossible to provide a pregnant employee with easier work, a woman can be released from work until maternity leave (mandatory with the preservation of average earnings) . It is forbidden: to involve pregnant women in work at night (from 10 p.m. to 6 a.m.) (Article 96 of the Labor Code of the Russian Federation); overtime and weekends and holidays.