Light work for pregnant women: translation according to the labor code

For pregnant women, the Labor Code establishes additional social guarantees. They consist, first of all, in the possibility of removing the expectant mother from harmful and dangerous working conditions and transferring her to light work. At the same time, the employer does not have the right to dismiss an employee who proves the fact of pregnancy with the appropriate certificate.

Article of the law

In some cases, during pregnancy, a woman is recommended to switch to light work. This concept implies a reduction in production standards, eliminating the impact of unfavorable production factors, etc. Transfer to light labor is carried out within the framework of Article 254 of the Labor Code.

Article 259 of the Labor Code prohibits the involvement of pregnant women in the performance of labor duties:

• on night shifts;
• weekend;
• non-working holidays;
• overtime;
• on business trips.

Labor legislation obliges the employer to pay the labor of a pregnant woman transferred to other working conditions at the average salary due to her in her previous place.

Light labor for pregnant women according to the Labor Code of the Russian Federation

There are a number of jobs where it can be not only dangerous for a woman in this position to work, but also difficult. In particular, issues related to:

• lifting weights;
• work on a conveyor belt;
• labor associated with emotional stress;
• working with harmful, toxic substances, etc.

Indicators of these impacts can be clarified in acts of special assessment of the workplace. Therefore, the first thing an employer must do is determine whether the work being performed is harmful to a pregnant woman and her baby. When establishing a class of working conditions of 3.1 and higher, we can talk about the presence of harmful factors and the need to transfer the employee to light work.

In the field of trade and medicine

This rule applies to employers in any field of activity. But there are jobs that cannot be called difficult and harmful to health, but a woman in this position applies for a different kind of work. this may apply to the trade of household chemicals and medical workers whose work is related to laboratory research using chemicals, as well as antiseptic solutions.

in this case, it is recommended to accurately describe your work responsibilities to the antenatal clinic doctor when issuing a certificate of transfer to light work. if the certificate is drawn up correctly, the employer will be obliged to reconsider the place of work and provide favorable conditions.

the doctor must indicate in the certificate exactly which negative factors should be excluded.

in the field of education

As for teaching staff, their work is directly related to psychological stress, which should also be avoided by a pregnant woman. therefore, when submitting an application and a certificate from a medical institution, she can count on a reduction in study hours.

in banks

The issue of the impact of office equipment on the body of a pregnant woman remains controversial.

therefore, female employees of banks and other institutions where the main work involves processing information on a computer and printing on a printer can apply for other activities at the discretion of management.

It is quite difficult to determine the harmful effects; it can only be proven on the basis of a special assessment. Today, modern technology and monitors practically eliminate the negative impact on the human body.

in this case, the doctor may indicate in the certificate recommendations to reduce the time spent working with office equipment to three hours a day. the rest of the time, a pregnant woman can do other work at the direction of the employer.

certificate for light work during pregnancy

According to the employee’s application and a certificate provided by the medical institution, the employer is obliged to transfer her to that area of ​​​​work where the impact of negative factors will be excluded, and the load on the body of the expectant mother will be reduced.

When is it issued?

The question often arises as to when a woman can apply for a change in working conditions. The legislation on this matter does not give clear instructions, giving the right to recommend transfer to light work to a medical worker observing the expectant mother.

it follows that a woman at any stage of pregnancy can contact a gynecologist with a request to issue a medical certificate on transfer to light work.

At the same time, the doctor must correlate current work standards, comfortable conditions, and the presence of harmful factors.

Only on the basis of the presence of difficulties in pregnancy in a particular case is the issue of issuing an appropriate certificate decided.

where can I get it during pregnancy?

The certificate is issued only by the gynecologist who is in charge of the woman’s pregnancy. therefore, to obtain it, you should contact your antenatal clinic with your doctor. the medical report must be certified by his signature, the signature of the head and the seal of the medical institution.

The antenatal clinic doctor may refuse to issue a certificate only if there are compelling reasons. in this case, the pregnant woman has the right to clarify the reasons for the refusal, seek clarification from the head of the institution, and then to higher authorities.

How to arrange a transfer of a pregnant woman to another job?

A mandatory condition for transferring the expectant mother to light work is her provision of two documents:

• conclusions of the doctor at the antenatal clinic where she is being monitored for pregnancy;
• application for transfer to light work - download.

In a conflict situation when the employer does not want to pay the required salary, then use a statement like this - download.

Based on them, the employer decides to reduce the standard of production, service, or transfer to another job that is easy. This is done on the basis of Part 1 of Article 254 of the Labor Code.

If the decision is positive, an order is drawn up for the organization on a temporary transfer and an additional agreement to the employment contract is concluded with the employee. It sets out the new working conditions. A pregnant employee must be familiarized with these documents against signature.

The application is mandatory, since on its basis all transfer manipulations are carried out on the part of the employer. He does not have the right to unilaterally change working conditions, so the statement serves as proof that they were changed at the initiative of the employee.

How is translation work paid?

When using production and maintenance standards, they are reduced by 40%. It is also possible to transfer a pregnant woman to part-time work, but in this case payment will be made in proportion to the hours worked.

Even after transferring to light work, the employer is obliged to maintain the average salary that was used in her previous workplace.

If it is impossible to immediately find a suitable job, a pregnant woman does not have the right to be obliged to carry out activities in the same conditions. At the same time, she does not lose earnings for those days that she is forced to be suspended.

The employer is obliged, at his own expense, to provide the necessary payments for them at the average salary.

As soon as a suitable job becomes available for a pregnant woman, according to the doctor’s recommendations, she will be invited and will continue to perform labor functions in the new conditions.

When does the light labor period end?

The end of the period for providing easy working conditions coincides with the employee going on sick leave for pregnancy and childbirth. At the same time, she has the right to go on another vacation before its onset. Labor Code in Art. 122 and 260 makes it possible to take the next paid vacation in full.

The vacation schedule drawn up by the organization does not apply to the woman in this case.

This means that she can take all 28 calendar days before the onset of sick leave.

According to the law, it is impossible to fire a pregnant woman. The only exception is the case when she was hired temporarily to replace the main employee, and this employee intends to start working again. But then the pregnant woman must be offered all available vacancies in the organization. If there are none, the contract is terminated.

Source: https://trudtk.ru/ohrana-uslovij-truda/legkij-trud-dlja-beremennyh-trudovoj-kodeks/

How to transfer a pregnant employee to light work?

Conditions for transferring a pregnant woman

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

At the same time, an employer can transfer a pregnant woman to another job only at her request, which the employee expresses in a statement, and on the basis of a medical report on the need to transfer to light work[1]. Accordingly, if the employee does not submit these documents, the employer will not be obliged to transfer her.

In addition, a medical opinion may limit the amount of daily work a pregnant woman can do. The employer is obliged to take these restrictions into account when changing the working hours of a pregnant employee.

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 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 provides the employer with a certificate of pregnancy and a corresponding statement (Part 2 of Article 93 of the Labor Code of the Russian Federation).

Procedure for registering a transfer to light work

1. Obtain from a pregnant employee a medical report that contains prohibitions or restrictions related to work at her previous job.

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

The timing of the employee’s transfer depends on the recommendations contained in the medical report issued to her. As a rule, the transfer is processed before the woman is granted maternity leave in accordance with the established procedure.

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 is approved by Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 No. 441n. Medical certificates and medical reports are issued in free form. The certificate is signed by the attending physician and certified by the personal seal of the medical specialist.

The medical report is signed by the medical specialists involved 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, the imprint of which must identify the full name of the medical organization in accordance with its charter.

If a medical certificate has all the signs 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 contact the employer again by submitting a medical report, duly executed.

2. Offer the pregnant employee in writing a job or a list of jobs (vacant positions) that are not contraindicated for her due to health reasons. We recommend providing blank lines in the offer form, in one of which the employee can indicate whether she agrees to the transfer (to which position) or refuses all vacancies (example 2).

When deciding what work a pregnant employee can perform, an organization should consider:

Source: https://www.profiz.ru/kr/9_2018/perevod_beremennoj/

Working conditions for a pregnant woman

The law establishes additional social guarantees for pregnant women. Working conditions for pregnant women initially consist of a ban on hard physical and hazardous work. But the relief of labor discipline for this category of workers is not limited to this. An employer cannot fire a pregnant woman without her consent, and you should be aware of this.  

What labor benefits are provided?

Legislation (Article No. 253, Russian Labor Code) limits the use of female labor in harmful, dangerous or underground work, and activities involving the transfer of heavy loads that are outside the permissible limits. But when an employee is pregnant, she has the right to demand a reduction in physical activity. The main thing is that there is no gender discrimination.

Read also: Family kindergarten: for families with many children, how to organize it, in Moscow

According to a medical report and at the request of the expectant mother, the employer is obliged to transfer her to a job that excludes harmful effects on the human body.

If new labor costs less, then payment for the result does not change - the woman receives the average salary of the position from which she was transferred due to pregnancy (Article No. 254, Russian Labor Code).

Until the transfer is completed, the woman is released from performing work duties while maintaining her salary.

In addition, it is prohibited (Article No. 259, Russian Labor Code):

• The use of labor force of pregnant women during night work shifts.
• Overtime employment.
• Business trips.
• Call on Saturday, Sunday and holidays.

Technical requirements for working as a pregnant woman

According to sanitary standards (Resolution No. 32 of the Sanitary-Epidemiological Committee), during pregnancy, workers are prohibited from working activities that entail an increase in physical, psychological, and overload of the body.

The expectant mother is prohibited from working:

1. Forcing you to lift goods above your shoulders; from the floor surface; with muscle tension in the legs and abdominals; in a certain position of the body (squatting or kneeling, resting your stomach); with a mandatory tilt of the body at an angle of more than 15°.

2. On machines with foot control.

3. On conveyor technology with a preset movement rhythm.

4. Leading to nervous and psycho-emotional loss of strength.

5. Interacting with pathogens.

6. Subject to infrared radiation above natural levels and at a temperature of working surfaces above 35°.

7. Causing wet clothes and shoes, or taking place in drafts.

8. With strong changes in atmospheric pressure.

9. If there are no windows or sources of natural light in the place of work.

10. Subject to continuous use of video display terminals and computers.

Technical actions for a pregnant woman are selected taking into account the following physical activity:

• If lifting and moving goods occurs, these actions alternate with other work; the weight of the lifted object is allowed up to 2.5 kilograms. If rotation does not occur during a work shift, then the permitted weight is reduced to 1.25 kilograms.
• When moving goods over a distance of up to five meters from work tables, the total weight of the items does not exceed 60 kilograms for one hour of activity or 480 kilograms for the entire time of work.

When performing work duties, the expectant mother is allowed to perform simple actions in a free position related to folding, packaging, and sorting items, if the work process complies with sanitary and hygienic standards.

A pregnant woman can only be fired by agreement of the parties, so if you don’t want to quit voluntarily, under no circumstances sign anything.

Requirements for a woman’s place of work during her pregnancy

Legal norms (Resolution No. 32, adopted by the Sanitary and Epidemiological Committee of Russia) establish the necessary conditions for creating space for the future mother to work. It complies with the rules if:

• Allows you to perform actions in an unclamped mode and posture, makes it possible to change body positions at the request of the worker.
• It includes a swivel chair with adjustable backrest, which has holders for arms and head, and a lumbar protrusion. The tilt of the backrest can be adjusted depending on the time of pregnancy, the characteristics of the employee’s work and rest.
• Its design provides a footrest, the inclination and height of which can be adjusted at the discretion of the pregnant woman.
• The tabletop has a recess for the body, its corners are rounded, and the surface is matte.

The optimal temperature in the room, office, warehouse where a woman is located when performing her work activities is 23-25°C. Air humidity is 40-60%. Consecration is the maximum permissible, noise level is not higher than 60 decibels. There is no vibration or ultrasonic radiation. Atmospheric pressure corresponds to natural parameters.

Registration of transfer to light working conditions

Legislatively (Article No. 253 of the Russian Labor Code) it is established that transfer to another position occurs at the request of the employee upon receipt of a medical report, which indicates the need to change the parameters for performing professional duties.

If an employee expresses a desire to change her job duties and confirms her status with medical documentation (it can be completed at the first visit to a gynecologist), the necessary work is selected. After this, the organization issues an order to transfer the woman to another job and set her a new salary, the minimum amount of which is equal to the average salary in her previous position.

Such a transfer is permitted at the will of the employer. To do this, the woman is sent an offer to move to another job. If she agrees to change her job function, a transfer order is issued.

After signing the internal order, an additional agreement to the work contract is drawn up. It is necessary to make changes to the employment contract according to the law (Article 72 of the Labor Code of Russia) if:

• There was a temporary change in the worker’s labor function.
• Her place of employment changes.
• Salaries change.

If situations arise when working conditions do not allow the expectant mother to be transferred immediately (there are no vacancies or the woman is not qualified), the employer removes her from work while maintaining the average salary. The suspension lasts until transfer becomes available.

Additional social guarantees for pregnant women

In addition to restrictions on harmful working conditions, the law provides the following social guarantees and benefits for expectant mothers:

• Prohibition for an employer to dismiss without her consent (Article No. 261 of the Russian Labor Code). This rule will not apply when liquidating an enterprise where a pregnant woman works.
• Extension of a fixed-term employment contract at the request of a woman and upon provision of a pregnancy certificate. This rule does not apply to cases of return of a temporarily absent employee.
• Providing, regardless of length of service, annual leave before going on maternity leave and immediately after leaving it.

Establishing a preferential labor regime for pregnant women is a way to support the birth rate and protect the rights of pregnant women. If, while in a position, you are faced with employer abuse, then contact the website 33urista.ru.

Employees of the portal 33urista.ru will help you fill out documents correctly if you want to make your work easier and force your manager to find a job that meets legal requirements.

Our support will allow you to assert your rights and protect your property interests while waiting for the birth of your child. Consultation on the site is a way to find answers to legal questions regarding the employment of expectant mothers.  

If you want to be fired during maternity leave, contact our specialists immediately.

Source: https://33urista.ru/theme/uslovija-truda-dlja-beremennyh

Light Labor Law for Pregnant Women

Legislation protects pregnant women at work. They, like all other citizens, have the right to work, which cannot be limited due to pregnancy. However, pregnant women are entitled to light work, and in some legal cases the employer has the right to restrict a woman's access to work (if it may be dangerous to her health). In other cases, a woman herself has the right to decide whether to use benefits at work or not. Let's find out what rights pregnant women have at work.

Rights of pregnant women at work

So, what can a pregnant employee demand:

1. According to the application, the woman must be provided with light work. To do this, she needs to attach a medical report to the request. It can be obtained at a antenatal clinic or clinic. The conclusion usually lists all the harmful working conditions from which the employee must be protected. However, her earnings should remain the same. If a worker is not immediately allowed to do light work due to the employer’s actions, she has the right not to go to work under normal conditions until she starts light work, while still receiving average earnings for the days missed. The right to this is regulated by Articles 224 and 254 of the Labor Code of the Russian Federation.
2. An employee has the right to work part-time or a week. In this case, wages are calculated for hours actually worked. (Article 93 of the Labor Code).
3. Working at night and during the day is prohibited. Even overtime delays of a couple of hours are not acceptable. (Articles 96, 99, 259 of the Labor Code of the Russian Federation).
4. You cannot involve her in work on weekends and holidays (Article 259 of the Labor Code).
5. You cannot send her on business trips (Article 259 of the Labor Code).
6. She is prohibited from working on a rotational basis (Article 299 of the Labor Code).
7. Early leave. Typically, leave is granted annually, but to receive it you must work for at least six months. The rule does not apply to pregnant women; you can go on vacation at any time. Also, you can arrange it immediately before going on maternity leave, then you can extend the time you stay at home before giving birth and better prepare for it.
8. An employee cannot be transferred to another position without her consent.
9. A woman has the right to regularly visit doctors and examinations, for this she must be freely given time off from work. But the Labor Code does not regulate this issue in detail. It does not stipulate what specific documents a woman must bring, or how long or how often she can attend medical examinations. These issues are regulated by the labor inspectorate. In order to exercise this right, you must notify the employer in writing in advance about the date of the leave, and then provide supporting documents from a medical institution.
10. Additional breaks during the working day.

Maternity leave and sick leave

A woman is entitled to leave, which gives her the opportunity to calmly prepare for childbirth and spend time in the maternity hospital - at 30 weeks of pregnancy under normal conditions and at 28 weeks with a multiple pregnancy . To receive it, you need to apply for sick leave at the antenatal clinic.

The duration of this sick leave is regulated by Art. 255 TK and can range from 70 to 194 days, depending on the condition of the woman and the number of children.

During this period, the woman receives 100 percent income from work (the same salary as if she continued to work - the average daily income is multiplied by the number of days).

The father of an unborn child also has such a benefit - he can receive his annual paid leave precisely while his wife is on leave under the BiR. To do this, he must write a statement. He also has the right to unpaid leave for family reasons, which will be 14 days (Article 128 of the Labor Code of the Russian Federation).

Next, the employee writes a leave application and attaches a sick note from the housing complex to it. At the same time, she can immediately go to work after the expiration of maternity leave, or she can take out maternity leave (Article 256 of the Labor Code). Currently, it is issued until the child is 3 years old, but is paid by the employer only up to 1.5 years.

At the same time, the employee receives only 40 percent of her average monthly official earnings, and the maximum amount of maternity leave is limited to 26,152 rubles. 33 kopecks This means that even in the case of a high salary (150 thousand or more), a woman will not receive more than this amount.

The average salary for calculation is calculated for the 2 years preceding maternity leave.

For this reason, it is completely unprofitable for many well-paid employees to be on maternity leave..

The solution may be a nanny or the help of relatives - the law does not limit the right of any close relative to go on maternity leave instead of a working mother. This could be dad, grandpa or grandma (but only one relative).

For example, this is beneficial if a relative’s salary is much lower. To register, the relative must provide an application and a certificate stating that the mother did not formalize such a right.

Read also: Low-income single mother: payments, benefits and benefits

Dismissal of a pregnant woman

In other cases, this is expressly prohibited by Art. 261 TK. Even Article 81 of the Labor Code, which describes the procedure for dismissal at the request of the employer in the presence of misconduct and disciplinary violations, is not applicable to a pregnant woman.

Other legal grounds for dismissal:

• agreement with the employer;
• at your own request;
• work takes place in difficult conditions, and light work in this organization is technically impossible to provide.

In the case of employment for a period of no more than 2 months, when a woman is pregnant, it is permissible to dismiss her no earlier than a week after giving birth and returning to work.

That is, the agreement in this situation is automatically extended.

The same applies to work to complete a specific task (registration for a period until the agreed amount of work is completed) and seasonal work

If you have problems with your employer and he is trying to violate your rights, write a statement addressed to him listing your demands and links to the law that gives you such a right.

Please also provide copies of medical documents. It is unlikely that the authorities will allow themselves to break the law, knowing that the woman is aware of her rights. Otherwise, he will face administrative and even criminal liability (Art.

145 and 145.1 of the Criminal Code).

In the event that management nevertheless allowed itself to violate the rules of law, and a written statement justifying the demands addressed to management did not help, demand that it be endorsed or provide a justified refusal to satisfy it.

Then, even in a situation where the employer does not make contact, write a complaint to the labor inspectorate and the prosecutor's office. The law also gives the right to defend your rights in court, but you must report their violation no later than 3 months from the date of violation.

Don’t worry, take care of your health, take care of your baby and remember that the law is on your side.

Source: https://trudinsp.ru/legkij-trud-dlya-beremennyh.html

Transfer to light work during pregnancy

Update: April 4, 2017

Labor legislation provides a number of guarantees for pregnant employees. One of them is reducing the workload or transferring 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 that requires less physical exertion and 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:

• nervous-emotional stress;
• pathogens of infectious diseases;
• increased radiation;
• lifting weights;
• 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 indicate:

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

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, personnel department employees mean a reduction in the workload of a pregnant woman as a guarantee provided for in Art. 254 Labor Code of the Russian Federation.

The Labor Code obliges employers, upon the application 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 service standards;
• reduce her production standards;
• transfer her to a job that eliminates the impact of negative production factors.

Often employers have a question about how much they transfer to light work. The Labor Code does not indicate the period of pregnancy from which an employee has the right to transfer. Therefore, the employee has the right to make such a statement from any stage of pregnancy, but only if there is a medical report indicating that there is such a need.

How do you pay for light work?

A pregnant woman's work with a reduced workload must be paid. According to Part 1 of Art. 254 of the Labor Code of the Russian Federation, during the period when light work is established, the employee retains the average earnings from her previous job.

In addition, if a pregnant woman applied for a transfer to a job that eliminates harmful effects and (or) reduces her workload, and the employer was unable to 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 labor for pregnant women. Payment for all missed days as a result must be made according to average earnings.

In addition, a pregnant woman retains her average earnings while undergoing a mandatory medical examination in medical organizations.

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Source: https://glavkniga.ru/situations/s503586

Transferring a pregnant woman to light work

The employer, at the request of pregnant women in accordance with a medical report, is obliged to reduce their production standards, service standards or transfer them to light work (to another job that excludes exposure to adverse production factors) while maintaining the average earnings for their previous job.

If a pregnant woman refuses to be transferred to light work read here

Until a pregnant woman is provided with another job that excludes exposure to adverse production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer.

Thus, depending on the documents provided by the pregnant employee (text of the application and medical report), the employer has at least 4 options for action.

In addition, based on practice, transfer to light work also includes a change in the working conditions of a pregnant woman, i.e.

those conditions that can be classified as unfavorable production factors.

In this case, there is no transfer to another position; the pregnant woman remains in her position, but without working conditions (factors) that could affect the state of pregnancy.

Production standards and service standards

In the Labor Code of the Russian Federation, Chapter 22 is devoted to labor standardization.

The main types of labor standards are: time standards, production standards, service standards.

You will not find their definition in the Labor Code of the Russian Federation. But you will find it in paragraph 1.3. Regulations on the organization of labor standardization in the national economy, approved by Resolution of the State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated June 19, 1986 No. 226/P-6 (valid insofar as it does not contradict the Labor Code of the Russian Federation and other federal laws).

Time standards are the amount of working time established to perform a unit of work by an employee or group of workers (in particular, a team) of appropriate qualifications in certain organizational and technical conditions.

Production standards are a set amount of work (number of units of product) that an employee or group of employees (in particular, a team) of appropriate qualifications are required to perform (manufacture, transport, etc.).

) per unit of working time under certain organizational and technical conditions.

Pregnant employees are given a differentiated production rate with a reduction on average of up to 40% of the constant rate while maintaining the average earnings for their previous job.

The service rate is the number of production facilities (equipment units, workplaces, facilities, etc.

), which an employee or group of employees (in particular, a team) of appropriate qualifications are required to serve during a unit of working time in certain organizational and technical conditions.

Service standards are intended to standardize the labor of workers engaged in servicing equipment, production areas, workplaces, etc.

Notice in Art. 254 of the Labor Code of the Russian Federation, we are not talking about the time standard. But, very often, by “standard production” (“light work”), employers and pregnant women understand a reduction in working hours for those employees whose work cannot be measured, for example, office workers.

Moreover, women in this position insist that they should be paid with the same average earnings, and not in proportion to the amount worked. This is not true. Reducing working time - part-time working (Art.

93 of the Labor Code of the Russian Federation) with payment in proportion to the time worked and can only be established at the request of a pregnant woman.

Thus, if the work (job responsibilities) of an employee is not related to the need to regulate labor, then a decrease in production standards or service standards under Art. 254 of the Labor Code of the Russian Federation is simply impossible. In this case, there remains a transfer to light labor.

In the current Labor Code of the Russian Federation, the concepts of “light labor”, as well as “adverse production factors” are not disclosed.

The word “ light work ” itself is used in the context of minor workers and workers who, for health reasons, need to be provided with easier work, in accordance with a medical certificate issued in the prescribed manner.

In Article 254 of the Labor Code of the Russian Federation, there is no easy labor at all. It provides for a transfer to another job that eliminates the impact of unfavorable production factors, as well as, separately, a reduction in production standards and service standards. In all cases, the employee retains the average salary for his previous job.

Within the meaning of the Labor Code of the Russian Federation, namely Art. 72.

1, transfer to another job - a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer.

Those. this is already changing the position or structural unit of the employee. But based on the court decisions that I will talk about today, the practice of using “translation” under Art. 254 of the Labor Code of the Russian Federation seems quite broad.

Despite the absence of a legally defined definition of “light labor,” pregnant workers are increasingly writing applications for transfer specifically to light labor, citing Art. 254 of the Labor Code of the Russian Federation, meaning by this concept anything.

“Light labor” usually means many things (transfer to another position, part-time work (not under Article 93), reduction in production standards, refusal of a proposed transfer with release from work while maintaining average earnings, etc.

), and the positions of the pregnant employee and the employer may differ. When disagreements between the parties cannot be resolved peacefully, most often a pregnant woman goes to court to protect her rights.

And the court will decide whether the parties correctly understood the “transfer to light labor,” including the provisions of Art. 254 Labor Code of the Russian Federation.

It is worth noting that previously the Labor Code provided for transfer to another job - work that was easier and excluded the impact of adverse production factors; in the Labor Code of the Russian Federation the word “light” was excluded from the wording. Those. Based on the Labor Code, “light work” did not refer to a reduction in the standard of production and the standard of service for a pregnant woman, but now you can find court decisions relating to light work and a reduction in the standard of production (service).

Attention: In accordance with 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 (from 22 o'clock to 6 o'clock), weekends and non-working holidays.

Thus, to correctly transfer a pregnant woman to light work, the employer should not only carefully read Art.

254 of the Labor Code of the Russian Federation, but also carefully analyze the submitted documents (application, medical report), and also think through an algorithm of actions , because, in the event of a dispute, the court decision or the order of the labor inspectorate will depend on this, which I will also discuss below. Well, let's begin.

Read also: New biometric passport: how much does it cost and how to apply

Submission of a certificate without an application from a pregnant woman for light work and vice versa

According to the same article. 254 of the Labor Code of the Russian Federation, in order to take advantage of the appropriate guarantees, a pregnant woman must bring two documents to the employer, namely a personal statement and a medical report. The presence of one document, without the other, does not give the employee the right to demand from the employer a transfer to light work.

In favor of the employer

Thus, the Dzerzhinsky City Court, in a decision dated June 10, 2015 (case No. 2-2790), found that the employee provided the employer with a medical report (certificate) recommending light work. The employer refused to provide her with such work.

The court, citing Art. 254 of the Labor Code of the Russian Federation, established that no corresponding application was received from the employee, whereas, due to the above norms of labor legislation, a mandatory condition for transfer to “light labor” is an application.

In addition, the organization’s staffing table does not include a position with “lighter work,” so the plaintiff was not offered new working conditions.

The work schedule and job responsibilities specified in the employment contract do not confirm the impact of unfavorable production factors; the plaintiff himself also did not prove this.

There was also no talk about maintaining average earnings, not to mention the justification for the employer’s refusal, because there was no important fact - the employee’s statement. Apparently, because of this, the case did not go beyond the first instance.

It is worth saying that, despite the unambiguous provisions of Art. 254 of the Labor Code of the Russian Federation, some courts equate the actual provision of a medical report by an employee (the employer does not dispute) with the “application” of a pregnant woman for light work, i.e. without a written application. This should be taken into account.

In favor of the employee

The Trans-Baikal Regional Court, in an appeal ruling dated October 21, 2015 (case No. 33-4363), upheld the decision of the trial court on compensation for moral damage to the employee in connection with the violation of his rights by the employer.

The case materials established that the employee worked in hazardous working conditions at the acetylene production site of the technical gases production department.

Due to her pregnancy, she provided the employer with a certificate recommending work not related to harmful working conditions. The employee did not write a statement.

The employer did not fulfill his obligation on time by issuing an assignment to the employee to perform work under hazardous working conditions.

The defendant tried to defend himself by stating that the employee, after providing a medical report, did not work for a single hour in harmful conditions, which actually contradicted the book of assignments for the disputed period, reviewed at the court hearing.

The employer also explained at the court hearing that the employee did indeed provide a medical certificate, but because she did not write an application for “light labor”, then the certificate lay on his desk until the moment of writing the application.

Subsequently, the employee did this, and therefore was transferred to work with normal working conditions while maintaining average earnings, so the employer did not violate her labor rights. The court did not agree with this argument.

Lack of medical report according to a unified form

As for the medical report. It should be. No options.

But the form can be any; the courts accept as a “medical report” any document issued by a antenatal clinic (medical institution), be it a medical report, a certificate, a medical report or a commission decision. Those.

The title of the document doesn't matter at all. But it still, in its essence, must be a medical report, indicating those production factors that are unfavorable for the employee, as well as signatures and seals.

The medical report can also be in form No. 084/u, approved by the no longer in force Order of the USSR Ministry of Health dated October 4, 1980 No. 1030.

Source: https://2kk.info/trudovye-otnosheniya/perevod-beremennoj-na-legkij-trud.html

Transferring a pregnant woman to light work

Light work involves work that requires less physical exertion and 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:

• nervous-emotional stress;
• pathogens of infectious diseases;
• increased radiation;
• lifting weights;
• 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 indicate:

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

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

The Labor Code obliges employers, upon the application 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 service standards;
• reduce her production standards;
• transfer her to a job that eliminates the impact of negative production factors.

Often employers have a question about how much they transfer to light work. The Labor Code does not indicate the period of pregnancy from which an employee has the right to transfer. Therefore, the employee has the right to make such a statement from any stage of pregnancy, but only if there is a medical report indicating that there is such a need.

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level. Of course, we are talking about studying the Labor Code. But what specific articles of legislation should one refer to in order to understand all the peculiarities of the work of pregnant employees?

There are only a few labor standards. This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code. They indicate the basic rules and regulations that an employer must comply with if he employs a pregnant girl.

Little is known about the following feature. And not every employer will agree to comply with the proposed standards.

The previously mentioned article indicates that light labor for pregnant women is a mandatory measure.

An employer does not have the right to refuse a girl in an interesting position to provide a vacancy and work that eliminates the occurrence of unfavorable production factors.

What if the company cannot currently offer an easy job to its employee? What does the Labor Code say? In this case, pregnant women are subject to suspension from work. And it is allowed to resume it only when negative production factors are eliminated, as well as a transfer to light labor.

The key feature is that under such circumstances it is impossible to cut the salary of a pregnant girl. That is, the employee does not work, but receives the same earnings as when performing her official duties. Funds are allocated from the employer's budget.

So, it is advisable for companies to find easy work for a pregnant woman quickly. Otherwise, on legal grounds, the employee has the right not to perform official duties. And despite this, you receive your salary in full.

If a pregnant woman works in a workplace where there are unfavorable conditions, she has every right to switch to a reduced workload. A pregnant woman is prohibited from:

• lift heavy objects;
• lift objects high from the floor;
• work on a conveyor belt;
• to be nervous;
• work with pathogens;
• touch harmful substances and poisons;
• squatting and kneeling;
• work in drafts and hot weather.

Also, a pregnant woman is exempt from business trips and night work. She does not work on weekends or holidays, and is free from overtime assignments. She is also legally entitled to reduced working hours and full paid leave, regardless of how long she has worked.

Light work due to pregnancy in the labor code means that every manager must transfer a female employee to light work due to pregnancy. His responsibilities include:

1. Reduce its maintenance rate;
2. Reduce production rate;
3. Provide her with a job where there are no harmful factors.

Transfer to light work during pregnancy occurs according to a certain procedure:

• A pregnant woman should obtain a certificate from her gynecologist with a recommendation to work with less workload;
• After this, the employee gives this certificate to her director. Without a certificate, she will not be given a break in her work and will not have her production rate reduced;
• An employee must have a certificate for light work due to pregnancy, otherwise the director has the right to refuse in this matter;
• Then the employee writes an application for light work due to pregnancy, a sample of which is available at any enterprise;
• After management gives a positive response that her workload is being reduced, an additional contract will be concluded with her and an order will be issued to transfer her to another position;
• Since this work is temporary, no entry is made into the work book.

There may be a situation when the director cannot provide a pregnant woman with another job, and leaving her in the same place means breaking the law. What to do in such a situation? If it is impossible to provide light work during pregnancy, then the law provides for the pregnant woman to be released from her duties completely, while maintaining her earnings.

Know! The Russian Labor Code, in Chapter 41, which specifies the specifics of the organization of work during pregnancy, in Article 261 states that, at the request of the director, it is impossible to terminate the employment contract with an employee in the position.

An exception may be when a business closes. However, even in this case, the work experience is maintained and monetary compensation is paid.

Another situation may arise. If the employment contract has expired, then the director is obliged to extend it to the expectant mother until she goes on maternity leave. In this case, the woman will be insured and will not lose her job.

An employee who needs to move to an easier job in medical communications.

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 him to another job available to him, which is not contraindicated for the employee due to his state of health.

There are several forms of providing a medical report:

• The conclusion of a 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 and social examination bureau if the employee is recognized as disabled.
• Rehabilitation program for an employee who suffered due to an accident at work and occupational illness.
• The conclusion of a medical and preventive institution that conducts a mandatory medical examination of an employee, which is defined in Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011, which approves the list of dangerous and harmful work and production factors, the implementation of which requires mandatory periodic and preliminary medical examinations and the Procedure for conducting periodic and preliminary mandatory medical examinations of employees who are engaged in heavy work or related to dangerous and/or harmful working conditions.

Source: https://kupit-krohe.ru/nalogooblozhenie/perevod-legkiy-trud/