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.
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.
What employment conditions are considered harmful?
The rights of pregnant women at work are clearly defined in labor standards. Whether the conditions of employment are harmful in a particular situation is determined by the outcome of these provisions and standards. Even simple and habitual activities can have a negative impact on the condition of mother and baby.
It should be said about actions:
- lifting weights from the floor, as well as above shoulder level;
- during monotonous work, when a woman takes a working position. During pregnancy, you should not focus on the abdomen and chest, and also often squat or kneel;
- conducting activities in the presence of radiation or electromagnetic radiation, constant vibration or in a noisy room;
- contact with toxic compounds;
- constant tension on the muscles of the abdomen and legs;
- work that is accompanied by serious mental stress.
The group of hazardous jobs includes duties that require constant sitting at a desk and computer. To avoid negative effects on the fetus, women turn to the management of the enterprise to provide easier employment conditions.
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.
Easy work
Sometimes the occurrence of certain life situations prevents an employee from performing his previous job function. Thus, pregnancy, deterioration of health due to illness or work injury give citizens the right to work in more suitable conditions.
What is light work?
There is no clear definition of the concept of “light labor” in Russian legislation; however, in legal practice, light labor is generally considered to be the performance of such labor functions in which:
- an organ damaged due to an industrial injury is not involved;
- there is no negative effect on the body due to a general disease;
- there is no teratogenic effect on the fetus or a negative effect on the body of a pregnant woman, which can significantly undermine her health, complicate or make it impossible for her to perform her reproductive function.
Who can count on easier working conditions?
According to the Labor Code of the Russian Federation, the following should be transferred to easier working conditions :
- women in connection with an established pregnancy (Part 1 of Article 254 of the Labor Code of the Russian Federation);
- workers injured at work;
- workers whose health has deteriorated due to an occupational or general illness.
These categories of workers are not specifically defined in the Labor Code of the Russian Federation, however, Art. 73 of the Labor Code of the Russian Federation provides for transfer to another job in accordance with a medical report (of course, this means easier work, or rather, one that corresponds to the doctor’s recommendations).
Also, a separate category can be allocated to women who have children aged 1.5 years , for whom the legislator provides for transfer to another job due to the impossibility of performing the initial labor function (Part 4 of Article 254 of the Labor Code of the Russian Federation). Obviously, the new job should be easier than the previous one.
Light working conditions
Part 1 art. 254 of the Labor Code of the Russian Federation specifies some working conditions for pregnant women and service should be reduced
In other words, if a woman remains working in her previous position, she has the right to a significant reduction in the work performed.
it is impossible for a pregnant woman to unload within the framework of her position , she should be transferred to another job (easier) that does not involve exposure to adverse factors.
The Sanitary Standards and Rules No. 2.2.0.555-96, which regulate the working conditions of women, as well as the Hygienic Recommendations for the Employment of Pregnant Women, indicate some signs that characterize light work.
Thus, according to these standards, women from the moment they become pregnant (that is, from the moment they register with the antenatal clinic and receive the appropriate certificate) are not allowed to work in the performance of which:
- there is only artificial lighting;
- various aerosols and toxic substances are sprayed;
- exposure to vibration and ultrasonic and radiation waves is inevitable.
In addition, the documents establish certain standards for lifting weights, bending the body, and working at the computer without interruption.
How to apply for a transfer to an easier job
Women, when registering with an antenatal clinic in connection with pregnancy, have the right to receive a medical report from a doctor, which confirms the fact that they are carrying a child.
To complete the transfer, you must write a corresponding application and attach a medical document (Sample application for a pregnant woman to transfer to another job).
The employer is obliged to transfer the woman to an easier job (or reduce production and service standards), and in the absence of such work, release the employee from performing her labor function while maintaining her average monthly earnings (Parts 1, 2 of Article 254 of the Labor Code of the Russian Federation).
Employees who, due to the conclusions of a medical examination , must be transferred to another job, also have the right to write an application and provide a medical report, which must indicate restrictions in the performance of a job function (Sample employee application for transfer to another job in accordance with a medical report) .
The employer is also obliged to transfer to another job , and if a subordinate refuses to do so, to remove the employee from his position while maintaining his job, but without maintaining his salary.
This provision applies only to employees who have temporary restrictions on work for a period of up to 4 months (Part 2 of Article 73 of the Labor Code of the Russian Federation).
If there is no suitable position for the employee or he refuses to be transferred to another job on a permanent basis, but the medical report provides for restrictions for a period of more than 4 months, the employment contract is subject to termination, in accordance with clause 8 of part 1 of art. 77 Labor Code of the Russian Federation.
It is noteworthy that in the case of pregnancy , a woman is only required to prove the fact of bearing a child; making her work easier is the absolute responsibility of the employer.
While an employee who needs to be transferred to another job in accordance with a medical report is required to provide a document with a specific list of restrictions and indicating a specific period for them.
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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.
Details
Grounds for suspension from work
A correctly drawn up conclusion, which is issued by the attending physician, can be the basis for the transfer of an employee, or be a reason for dismissal in accordance with Article 77 of the Labor Code of the Russian Federation, if there are no vacancies at the enterprise that meet these conditions.
If an employee needs a transfer for up to four months, and the employer is unable to provide a suitable place or refuses the transfer, then he must suspend this employee from work for the entire period indicated in the certificate, while maintaining his place of work and position.
How is the work paid in this case? If an employee is suspended, no salary will be paid to him.
REFERENCE! There are exceptions that are provided for by the current Code, employment contract, other federal laws, agreements, and collective agreement.
Transfer to another job for a period of more than four months
When answering the question of how long the certificate is given, there is no clear answer. If an employee needs a transfer to light work with a certificate for a period of more than four months or forever, then if the transfer is refused or if the employer does not have a suitable vacancy, the employment agreement terminates in accordance with Article 77 of the Code.
In addition, the manager, with the written consent of the employee, has the right to suspend him from work for the period specified in the agreement of the parties. The employee is not paid any salary during this time. There are exceptions specified in the Code and other federal laws, as well as in the employment contract, agreement, and collective agreement. A sample and form of the certificate is available in medical institutions.
Right to easy work
Transfer of employees for medical reasons is carried out in cases where he cannot work at his place for the following reasons:
- they have received work-related injuries or mutilations;
— the employee is pregnant;
- the employee was injured;
— the employee received a disability;
- existing disease;
— operations carried out by the employee.
For example, a production worker who has undergone back surgery may ask for a change in his duties with a certificate in order to eliminate the negative impact on his back.
REFERENCE! If a person injured his hand, then he can be transferred to another job, which would allow him not to use this hand, and so on.
Workers with disabilities can be involved in work on holidays and weekends, overtime work with their consent and in the absence of harm to health.
Pregnancy and certificate
Pregnant women are most often transferred to light work. There are certain rules aimed at determining the professional conditions that are acceptable for this category of employees; more specifically, these are hygiene recommendations for pregnant women for their rational employment.
Women are transferred if their workplace has the following conditions that are unfavorable for them:
- night work and overtime work;
— low level of lighting;
- frequent business trips, possible only with the consent of the employee;
— aerosol spraying;
- nervous and emotional tension;
— vibrations;
- stressful physical condition, for example, prolonged standing, heavy lifting, sitting in an uncomfortable position, etc.
Documents required for translation:
A medical certificate provided by the employee and confirming his right to switch to light work, for example, pregnant women provide a certificate from a gynecologist for light work, which indicates the duration of pregnancy.
- Application for light work of an employee.
- Additional agreement.
- Standard transfer order.
- Mark in the work book.
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.
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 enshrined in 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.
It is important to know
If a transfer to a lower-paid position took place on the basis of a medical report, then the employee retains his average earnings, but only for 1 month. Then he will receive a salary corresponding to his position.
Pregnant women and employees with children under 1.5 years of age remain the average salary for the entire period of work in light conditions, provided they have an appropriate medical certificate.
But there is one more exception. If the reason for the need for transfer was a work injury or occupational disease (injury received at work), then the employer is obliged to pay him a salary in the amount of average earnings until recovery! And if recovery is impossible, then until disability is established due to permanent loss of ability to work.
