Order for light work due to health reasons. What the Labor Code says: light work during pregnancy, conditions, payment, translation features Certificate of light work after surgery

Normative legislative documents do not provide a specific explanation of the term “light activity”. This term implies the likelihood of a worker moving to another job in accordance with more convenient circumstances for him to fulfill his statutory obligations.

The reason for such a transition may be work-related injuries, surgery, pregnancy, serious illness, or the presence of a child under one and a half years old in the family. If the boss evades compliance under these conditions, this is a direct violation of the law.

Light work for health reasons is recommended for people with disabilities

During the period of suspension from work, the employee’s wages are not accrued, except in cases provided for by this Code, other federal laws, agreements, and employment contracts.

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

The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except in cases provided for by this Code, other federal laws, a collective agreement, or an employment contract.

Cases of transition to easier working conditions for medical reasons

Transfer to light work - for pregnant women

The transfer of a worker to lighter work on medical grounds implies that he will be able to fulfill his statutory obligations without doing anything that is not recommended by a doctor due to his state of health.

Such a procedure takes place with the obligatory written consent of the worker in accordance with Article 73 of the Labor Code. This opportunity is extremely significant for blue-collar workers, workshop or factory workers, drivers, etc.

Transfer of a worker based on health status is provided to employees who are unable to fulfill their statutory obligations at their current place of work for the following reasons:

The presence of operations of a certain type.
Diseases of a certain type.
Presence of bodily injuries and injuries.
The presence of bodily injuries and injuries that were received directly at work.

For example, a production worker underwent spinal surgery. He has the right to appeal to management with a request to move to another job where there will be no adverse impact on his back. Or an employee with a leg injury may be temporarily assigned to a position that will make it possible not to use this part of the body, etc.

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

To switch to light work, you need to provide a medical certificate

Poor lighting.
Spraying chemicals.
Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting for a long time in an uncomfortable position, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips. Management has the right to send an employee in this position only with her consent.
Fulfilling statutory obligations at night or after hours, etc.

The employer has the right to employ employees with disabilities in work after hours, on holidays or weekends only with their approval and if it is impossible to cause damage to their health.

In particular, this group of workers has grounds for no less than 30 calendar days, which are paid, or unpaid leave of at least 60 days.

Required package of documents

To transfer a worker to an easier type of work, you need to prepare the following package of documents:

Medical certificate. The worker is obliged to provide it to the employer, and it is the basis for his transfer to an easier job due to pregnancy, guided by the Labor Code of the Russian Federation (the conclusion of a gynecologist with the prescribed period of pregnancy).
A written request from a worker in which he confirms his desire to change his working conditions.
An additional agreement to the employment contract, the body of which specifies the updated conditions for fulfilling statutory obligations and the period of such transition.
An order in a standardized form on the transition of a worker to another activity.
Making an entry in a personal card.

The procedure for making the transition

The employer must oblige to accommodate an employee who needs easy working conditions

How to transfer a worker to easier working conditions based on his state of health? When performing such a transfer of an employee, it is necessary to take into account the following points fixed by law:

During the period when the management of the enterprise makes a decision to transfer an employee to another position based on a medical diagnosis, the employer is obliged to maintain the average salary for the employee. During this period, the employee may, on the basis of the law, not fulfill previous obligations that are contraindicated for him based on his state of health.
In the situation with a woman who is carrying a child, the change in type of activity will take place before the end of pregnancy. For such an employee, the employer undertakes to maintain the average salary that she received in her previous position for the entire specified period.
When a worker transfers, on the basis of a medical diagnosis, to a position with a lower salary, the employer undertakes to maintain for him the average salary of his previous activity for 1 month.
If the basis for changing activities to a lighter one is an injury received at work or the occurrence of an occupational disease, then the employer undertakes to maintain the average salary for him until the stage of establishing an uncompromising loss of professional fitness or until his final recovery.
If a worker needs to change the type of activity for a period of up to 4 months, but rejects the options provided or the management of the enterprise does not have options for his placement, then his current position is retained without payment of salary until he returns to the workplace.
If a worker needs to change the type of activity for a period of more than 4 months, but rejects the options offered to him or the management of the enterprise does not have options for his employment, then the employment contract with him ceases to be valid. In this case, the worker is obliged to receive severance pay upon dismissal, which is approximately equal to the average salary for 2 working weeks.
At the end of the period for transition to easier operating conditions specified in the additional agreement to the employment contract, the worker undertakes to begin fulfilling previous statutory obligations.
If the period of transition to easier working conditions fixed in the additional agreement has ended, and the worker fulfills statutory obligations at the previous place of work and does not protest about this, then the period fixed in the agreement becomes invalid and the transition to a new position becomes permanent.

Based on the above, the presence of an appropriate medical diagnosis makes it possible for several groups of workers to change their activities to an easier one. For such a transition it is necessary to collect a certain

Modern women often do not inform their employers about their pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child. It states that a woman is entitled to light work during pregnancy, the Labor Code. When can I request a transfer? Will it change? What to do if the employer cannot create the necessary conditions for easy work?

Labor Code of the Russian Federation: pregnancy, light work

Labor legislation does not contain a definition of the term “light labor”. However, it obliges all employers, if the employee has a certificate with a medical report, to reduce the production rate specifically for her or arrange a transfer to the appropriate position in order to eliminate the influence of harmful production factors. Light work means professional activity in which the worker spends less physical effort and is not exposed to harmful environmental influences.

The following categories of work are strictly prohibited for pregnant women:

lifting various objects from the floor or above shoulder level,
lifting weights,
conveyor production,
nervous-emotional tension,
interaction with pathogens of various infections, diseases, harmful substances, IR and UV radiation, radiation, vibration,
work under conditions of pressure changes.

The basis for transfer to more work is a medical report from the attending physician. Without it, the employer has no right to change working conditions.

Rights and obligations

So, women are entitled to light labor during pregnancy. The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother.

The main responsibility of the employer is to timely transfer the employee to light work. If the management of the enterprise is not immediately able to provide the employee with adequate benefits and this will take some time, the woman will be temporarily released from work. However, the employer is obliged to pay her for all days she is absent from work.

A woman has the right to take annual paid leave. Work experience doesn't matter here. This leave can be provided both before and after maternity leave.

Another obligation is imposed on the employer by the Labor Code. Light labor during pregnancy requires compliance with sanitary requirements. An employer has no right to dismiss a pregnant woman on his own initiative. However, if the contract has expired, it can be extended at the employee’s request.

Conditions

Since the Labor Code regulates light work during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which a pregnant woman works should be sufficiently light, dry, and draft-free. Work, as mentioned above, should not be accompanied by psycho-emotional stress. It is also prohibited to constantly be in one position, sit, walk all the time, stand bent over, squat or kneel.

The expectant mother can lift loads weighing no more than 2.5 kg and no more than 2 times per hour. If, in production conditions, this needs to be done more often, the norm is reduced to 1.25 kg, and no more than 6 kg can be lifted per hour. The weight of cargo during the entire shift should not exceed 48 kg.

What other rules does the Labor Code establish? Light work during pregnancy implies a reduction in production standards by 40%. If a woman is employed in agriculture, she is completely exempt from this work. If the work is done in an office, a woman can work at a computer no more than 3 hours a day. There should be special supports under your feet, and on the chair there should be headrests, armrests, and a seat height adjuster.

Features of light labor

Here are the main features of light labor during pregnancy:

You can transfer to light work only if you provide a doctor's report.
A woman has the right to refuse to work at a computer.
The Labor Code does not establish a time frame for light work during pregnancy. How many hours can a pregnant employee work? If a woman wishes, she can be transferred to a shortened working week. Labor is paid in accordance with the time worked, which does not in any way affect the duration of vacations.
If the employer cannot provide adequate working conditions, the woman receives payment for the days she is absent.
Full leave is provided without regard to length of service.
The expectant mother may refuse to work at night, business trips, overtime, as well as work on weekends and holidays.

Transfer to light work during pregnancy: Labor Code

According to the first part, employers must reduce production standards for pregnant employees or transfer them to light work while maintaining the same earnings.

The transfer will require not only a medical report, but also the drawing up of an additional agreement to the contract with the employer.

Correct translation format

If we rely on the Labor Code, light work during pregnancy can only be done with the consent of the employer and employee. The document is drawn up in writing. The employer introduces the employee to the offer of transfer against her signature. Upon receipt of consent to transfer to another position, a separate application is written.

Transfer proposal

Signing a job offer leads to a change in not only the employee’s responsibilities and working conditions, but also the amount of her earnings. According to Article 254 of the Labor Code, its minimum amount should be equal to average earnings. Every month, while the employee is transferred to light work, the accounting department compares wages.

After signing the job offer, a corresponding order is issued. The employee must be familiarized with signature not only with it, but also with the job description and other regulatory documentation. An entry in the work book is not required if the transfer is temporary.

Income tax and insurance premiums

The following are deducted monthly from the salary of a pregnant employee:

income tax,
insurance premiums.

In this case, additional insurance premiums are charged on all payments.

Salary

The Labor Code establishes the amount of wages for light work during pregnancy. Payment for a pregnant employee is calculated based on Resolution 922 of the Government of the Russian Federation of December 24, 2007. Its size is established in accordance with the actual accrued wages and hours worked for the last 12 months that preceded the signing of the agreement. The basis is the average daily salary, which is calculated by dividing the entire amount paid by the number of days back to work. The average salary is determined by multiplying the daily rate by the number of days worked.

A medical report is issued at the antenatal clinic. You need to understand that there is no need to negotiate with the employer about changing working conditions, since this step is his direct responsibility. If the management of an organization claims that there is no easy work for an employee and offers to write a letter of resignation on her initiative, such actions are considered unlawful. In accordance with the Labor Code, if it is impossible to provide appropriate conditions, the employer is obliged to pay the employee for forced time off. In case of refusal to provide light labor and the mentioned payments, the rights of the worker can be defended in court.

Results

Finding an employer who would be delighted with the “interesting position” of his employees has always been difficult, especially if we are talking about a “private owner”. However, there is a Labor Code. According to this legal document, every expectant mother deserves easy labor during pregnancy. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this or must pay for the days of forced time off to the employee. The basis for transfer is the doctor's opinion.

Normative legislative documents do not provide a specific explanation of the term “light activity”. This term implies the likelihood of a worker transferring to another job in accordance with a medical certificate in more convenient circumstances for him to fulfill his statutory obligations.

The reason for such a transition may be work-related injuries, surgery, pregnancy, serious illness, or the presence of a child under one and a half years old in the family. If the boss evades such a benefit under these conditions, this is a direct violation of the law.

Excerpt from Article 73 of the Labor Code of the Russian Federation

Light work for health reasons is recommended for people with disabilities

During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.

The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.

Cases of transition to easier working conditions for medical reasons

Transfer to light work - for pregnant women

Transfer of a worker based on health status is provided to employees who are unable to fulfill their statutory obligations at their current place of work for the following reasons:

Having a disability.
Pregnancy period.
The presence of operations of a certain type.
Diseases of a certain type.
Presence of bodily injuries and injuries.
The presence of bodily injuries and injuries that were received directly at work.

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

To switch to light work, you need to provide a medical certificate

Poor lighting.
Spraying chemicals.
Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting for a long time in an uncomfortable position, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips. Management has the right to send an employee in this position only with her consent.
Fulfilling statutory obligations at night or after hours, etc.

The employer has the right to employ employees with disabilities in work after hours, on holidays or weekends only with their approval and if it is impossible to cause damage to their health.

In particular, this group of workers has grounds for receiving leave of at least 30 calendar days, which is paid, or unpaid leave of at least 60 days.

Required package of documents

To transfer a worker to an easier type of work, you need to prepare the following package of documents:

Medical certificate. The worker is obliged to provide it to the employer, and it is the basis for his transfer to an easier job due to pregnancy, guided by the Labor Code of the Russian Federation (the conclusion of a gynecologist with the prescribed period of pregnancy).
A written request from a worker in which he confirms his desire to change his working conditions.
An additional agreement to the employment contract, the body of which specifies the updated conditions for fulfilling statutory obligations and the period of such transition.
An order in a standardized form on the transition of a worker to another activity.
Making an entry in the work book and personal card.

The procedure for making the transition

The employer must oblige to accommodate an employee who needs easy working conditions

During the period when the management of the enterprise makes a decision to transfer an employee to another position based on a medical diagnosis, the employer is obliged to maintain the average salary for the employee. During this period, the employee may, on the basis of the law, not fulfill previous obligations that are contraindicated for him based on his state of health.
In the situation with a woman who is carrying a child, the change in type of activity will take place before the end of pregnancy. For such an employee, the employer undertakes to maintain the average salary that she received in her previous position for the entire specified period.
When a worker transfers, on the basis of a medical diagnosis, to a position with a lower salary, the employer undertakes to maintain for him the average salary of his previous activity for 1 month.
If the basis for changing activities to a lighter one is an injury received at work or the occurrence of an occupational disease, then the employer undertakes to maintain the average salary for him until the stage of establishing an uncompromising loss of professional fitness or until his final recovery.
If a worker needs to change the type of activity for a period of up to 4 months, but rejects the options provided or the management of the enterprise does not have options for his placement, then his current position is retained without payment of salary until he returns to the workplace.
If a worker needs to change the type of activity for a period of more than 4 months, but rejects the options offered to him or the management of the enterprise does not have options for his employment, then the employment contract with him ceases to be valid. In this case, the worker is obliged to receive severance pay upon dismissal, which is approximately equal to the average salary for 2 working weeks.
At the end of the period for transition to easier operating conditions specified in the additional agreement to the employment contract, the worker undertakes to begin fulfilling previous statutory obligations.
If the period of transition to easier working conditions fixed in the additional agreement has ended, and the worker fulfills statutory obligations at the previous place of work and does not protest about this, then the period fixed in the agreement becomes invalid and the transition to a new position becomes permanent.

Is it possible to fire an employee who has become disabled? Explanations - in the video:

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How and in what cases, according to the Labor Code of the Russian Federation, can a transfer to light work due to pregnancy or other work for health reasons be processed in accordance with a medical report?

The basis is the provided medical report to the organization.

Exist certain rules for completing the transfer procedure employee for light work based on a medical certificate. There is no direct definition of light labor in legislative acts.

This concept means the possibility of transferring an employee to another job in accordance with a medical report to more comfortable conditions for performing professional duties.

The basis may be work injury, previous surgery or serious illness, pregnancy, presence of a child under 1.5 years old.

An employer's refusal to provide such a benefit is a violation of the law.

The procedure is carried out with the written consent of the employee Art. 73 TK. This opportunity is especially relevant for representatives of blue-collar professions, workshop specialists, drivers, etc.

Labor Code of the Russian Federation. Article 73. Transfer of an employee to another job in accordance with a medical report An employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons.

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.

An employment contract with the heads of organizations (branches, representative offices or other separate structural units), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with paragraph 8 of part one of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.

Cases of transfer for medical reasons

Transfer of an employee in accordance with a medical report is reserved for employees who cannot perform their professional duties in their previous place the following reasons:

Pregnancy.
Disability.
Postponed surgeries.
Presence of diseases.
Receiving injury or injury.
Injury or injury at work.

For example, a manufacturing worker who has had back surgery may require a change in duties to avoid negative impacts on the back. Or a person who has injured his arm may be temporarily transferred to an activity that will allow him not to use the injured part of the body, etc.

The most common medical indication for transfer is pregnancy in women.

There is a special set of rules aimed at determining acceptable professional conditions for this category of employees - “Hygienic recommendations for the rational employment of pregnant women.”

A woman can be transferred if there are the following unfavorable conditions:

Bad light.
Spraying aerosols.
Vibrations.
Physical stress (carrying heavy objects, standing for long periods of time, sitting in an awkward position, etc.).
Nervous and emotional tension.
Frequent business trips. A pregnant employee can be sent on a business trip only at her request.
Performing duties at night and overtime, etc.

People with disabilities may be involved in overtime hours and professional activities on holidays and weekends only with their consent and in the absence of harm to their health.

To transfer a person to a light form of activity The following documents are required:

A medical report provided by the employee and confirming his right to be transferred to light work due to pregnancy in accordance with the labor code (certificate from a gynecologist indicating the period).
A statement from a person, where he agrees in writing to the transfer.
An additional agreement to the contract, which specifies the new conditions for the performance of duties and the validity period of the transfer.
Order of a unified form on transfer.
Entry in the work book and personal card.

Design rules

How to transfer an employee to light work due to health reasons?

When making a transfer it is important to consider the following points, enshrined in legislation:

To make a transfer, it is necessary to prepare a number of documents and comply with the conditions established by law.

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

Some categories of workers have the right to transfer to easier work due to their state of health. The basis for transfer is a medical report that was provided to the organization. This is a certificate for light work.

There are a number of rules for processing the transfer of an employee to easier work 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.

Reasons for transfer

There can be various reasons for transfer: pregnancy (a certificate for light work during pregnancy is issued), caring for a child under one and a half years old, work injury, serious illness or 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 a lighter job (a certificate for light work due to health reasons will confirm this), it means that he is not able to perform professional duties without performing actions that are contraindicated for him.

Transfer 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 blue-collar professions, drivers and workshop specialists, and others.

Article 73 of the Labor Code of the Russian Federation on the transfer of an employee to another job in connection with a medical opinion

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.
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 conducting an examination of a citizen, including a commission.

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

Grounds for suspension from work

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

If an employee, according to a medical report, 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 work, he is obliged to suspend the employee for the entire period specified in the certificate for easy work, while maintaining his position and place of work. If an employee is suspended, he is not paid.

The exception is cases provided for by this Code, other federal laws, employment contracts, agreements, and collective agreements.

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 permanently, 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 tbsp. 77 of the Code.

The employment contract with the heads of enterprises or organizations, representative offices, branches, chief accountants and deputy managers is also terminated if such a transfer is refused, or if there is no suitable work, in accordance with clause 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 by agreement of the parties. The employee is not paid any salary during such a period of suspension. Exceptions are cases provided for by this Code, other federal laws, employment contracts, agreements, and collective agreements. Medical workers have a sample certificate for light work.

When to transfer 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 work-related injuries or injuries;
pregnancy;
injury or injury;
disability;
presence of diseases;
undergone operations.

For example, a production employee who has undergone back surgery has the right to demand that his duties be changed if he has a certificate for light work due to health reasons, in order to eliminate the 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.

Certificate of light labor 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:

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

Attracting disabled people to work

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

What documents do I need to provide for translation?

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

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

Design rules

How is an employee transferred to light duty? When preparing a transfer, it is important to take into account some points established by law that determine for how long a certificate for light work is issued:

During the entire period while the manager decides on the issue of transferring the employee to light work in connection with medical reasons. 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 condition.
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 a work-related injury or the development of an occupational disease, the employee’s average earnings are retained until his recovery or the loss of his occupation is determined. legal capacity.
When an employee needs to switch to light work for a period of up to 4 months, and the person 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 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 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 severance pay, which is equal to his average earnings for 2 weeks.
After the expiration of the period for transfer to light work, which is specified in the add. agreement to the contract, the employee returns to his previous place of work.
If the period specified in the additional agreement has expired, and the employee remains in the place where he was transferred and does not object, then the period specified in the additional agreement. agreement becomes invalid, and the employee remains in the new place 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 carry out such a transfer, you need to prepare documents and comply with the conditions established by law.

If you constantly feel unwell and interfere with normal work activities, you may need to see a doctor.

We have looked at what a certificate for light work is.

The procedure for obtaining a certificate for light work for health reasons - where and how to obtain it

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

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

Under what conditions is it issued?

In order to transfer to another, easier position, an employee must provide the employer with a special document that reflects this need - medical report on health status.

An important point is the paperwork.

As reasons for transfer There may be various circumstances related to the employee’s health status. These may be:

pregnancy - certificate of transfer to light work for pregnant women;
receiving an industrial or other injury;
rescheduling the operation;
illness of any serious illness.

The issuance of a certificate means that the patient, for health reasons, cannot perform the official duties that he previously performed. To continue working in such situations transfer to another job is required.

The certificate is attached to the employee’s application about the need to change working conditions to easier ones and is handed over to the employer, who, in turn, issues a corresponding order.

Is it given for transfer after surgery?

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

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

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

Consequently, he requires exemption from this type of work.

It is important to consider that the employer has no right to refuse an employee translated into easy work. An important role in this is played by the validity period of the medical certificate, namely recommendations on the duration of light work.

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

A possible scenario is that the working citizen will continue to work in a new position after the end of 4 months. In this case, the work is considered to have become permanent. When such circumstances occur it is necessary to make changes to the employee’s work book.

What does the document give the employee?

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

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

Also apply for work that is appropriate to your health status, can employees with disabilities.

How should it be formatted?

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

Each medical institution has the right to use a form developed by the organization independently.
Mandatory in the reference header The following information should be present:

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

patient's initials;
a description of the situation in connection with which there was a need to transfer to light work;
official duties from which a citizen should be removed and recommendations that must be followed during work;
references to regulations governing the translation procedure. For example, in the case of pregnancy, these are Articles 253-259 of the Labor Code of the Russian Federation;
duration of the rehabilitation period.

At the end of the certificate, the persons responsible for its content - the head physician, the treating doctor - leave their signatures. Also it is important to reflect the date of writing medical report.

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Actions of the employer in case of identification of medical contraindications from an employee, are discussed in detail in this video:

The occurrence of certain circumstances gives the employee the right to transfer to light work. It involves performing job duties appropriate to the patient’s health condition.

A need of this nature may arise due to pregnancy, injury, after surgery, etc. The document confirming the employee’s right to light work is a corresponding certificate issued by a medical institution.

The certificate reflects all the necessary information about the employee. Special attention is paid to the reason why a job change is required and the period of validity of such a need.

How can an employer draw up an order to transfer a pregnant woman to light work for health reasons - samples

There is no concept of easy work in the Labor Code of the Russian Federation. As a rule, this occurs at the request of the employee himself, subject to the presentation of relevant documents confirming the need for the transfer.

The reasons why a transfer to light work is required are different: the employee is pregnant, caring for a child under 1.5 years old, an injury received at work or at home, illness or surgery.

The transition cannot be carried out unilaterally. This means that the employer cannot make a decision and independently change the person’s place of work. To do this, it is necessary to obtain the employee's consent in writing.

In what cases is an order drawn up?

What could be the reason to prepare the necessary documents and transfer to another place of work:

pregnancy of an employee - transfer procedure;
poor health - how to transfer to easy working conditions;
recent surgery;
the workplace has poor lighting, which negatively affects the vision of employees;
in the process of performing duties there is constant spraying of aerosols;
frequent physical stress;
performing duties is associated with stress and nervous tension;
frequent absence from work due to business trips. A pregnant woman is sent on a trip only with written permission from the employee;
work at night or overtime.

Unless otherwise confirmed by the consent of the employee, provided there is no harm to health.

How to apply for a pregnant woman?

Women's rights during pregnancy are protected by Article 259 of the Labor Code of the Russian Federation. It says that It is forbidden to attract pregnant women to work overtime, at night, and to go on business trips.

According to the law, the employer is obliged to transfer the pregnant woman to light work, while reducing production standards and other indicators. Wages should remain at the level of a normal working day and workload.

When a pregnant employee has received a written request in the form of an application and a certificate from a medical institution about the need to change working conditions, the office registers the documents and submits them to the employer for a decision.

According to the employment contract, which is concluded with all employees, the director is obliged to transfer the employee to a suitable place of work.

Article 73 of the Labor Code of the Russian Federation states that this can only be done with the written consent of the person being transferred.

The employee must familiarize himself with the transfer options and give his consent or refusal.

If you agree to a change of workplace, changes are made to the employment contract and an additional agreement is drawn up. Then an order is written in accordance with form T-5 (a unified form accepted at all enterprises and institutions), an entry about the transfer is made in the time sheet, which takes into account the working hours of employees. In this case the transfer is temporary, only for the period of pregnancy, therefore it does not require entry into the work book.

If a situation arises at the enterprise about a transfer or change of workplace, it is necessary to create a special journal to record the relevant moments and track the expiration dates of the benefits.

In the order, the manager reflects the terms of the transfer, the reason is indicated, as well as the date of introduction of preferential working conditions.

The order is approved by the director.

Download sample in connection with pregnancy

Example for health reasons

To issue an order for transfer to light work for health reasons need to have legal grounds. The employee provides the conclusions of the MSEC (medical expert commission) and the conclusion of the VKK (medical advisory commission). The management of the enterprise determines a position that can meet the requirements provided in the health certificates.

It is possible that along with the conclusion, the employee will be given a certificate of incapacity for work, which indicates a recommendation for light work.

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.

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 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 it out, can apply for other activities at the discretion of management. It is quite difficult to determine 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. In this case, the doctor must correlate the current work standards, the comfort of the conditions, as well as 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?

A certificate is issued only by a gynecologist who is in charge of a woman’s pregnancy. Therefore, to obtain it, you should contact your doctor at the antenatal clinic. 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 transfer 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 - .

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

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.

Light work due to health reasons of the Labor Code of the Russian Federation. Some workers can, on legal grounds, be transferred to light work for health reasons.

To do this, you must provide a medical report.

And although the law does not define light labor, the employer does not have the right to refuse such benefits, since this is a direct violation of the law.

Reasons for transition:

The reasons may be different: pregnancy (presence of a child under 1.5 years old), injury/injury at work, illness or surgery.

The transition procedure is carried out only with the written consent of the worker.

Pregnant women are the ones who switch to light work the most; this happens most often.

Poor working conditions may be the basis for changing your job profile:

Poor lighting.
Working with spray aerosols.
Work associated with physical strain.
Presence of nervous tension and stress.
Multiple business trips. Traveling a pregnant woman is permitted only with her consent.
Perform duties overtime or at night.

People with disabilities can be recruited to work overtime, on holidays and on weekends only if they give their consent, provided that this does not cause damage to their health.

Package of documents.

In order to switch to light work, you need to draw up a number of documents:

Honey. certificate
Application in writing with his consent.
An additional agreement to the employment agreement, which specifies new conditions and terms of transition.
Transfer order.
Entry in the work book and in your own card.

Design rules:

When switching to light work, there are a number of important points:

Transfer to light work

While the issue of transfer is being decided, according to honey. In conclusion, the worker remains paid at the average rate.

Also, the transferred employee has the right not to fulfill the obligations that were previously imposed on him.

Regarding the issue of transferring a pregnant woman, the change in activity will take place until the pregnancy ends. She will also retain her average salary.

If an employee moves to a position with a lower salary (based on a medical certificate), then he retains the average salary for one month.

When the basis for transfer to light work was an industrial injury, or prof. illness, then the average salary is retained until the loss of professional suitability is determined, or until he recovers.

In the event of a change of activity for a period of up to four months, and the employee does not have suitable options or there are none, then he remains in a position without salary until he returns to the workplace.

In the event of a change of activity for a period of four months, and the employee does not have suitable options or there are none, then the employment contract with him is terminated. Upon dismissal, he has the right to receive severance pay equal to two weeks of average salary.