If pregnant, an employee must medical indications transfer to easy work. We will tell you in the article what conditions a pregnant woman should work under.

From the article you will learn:

How to transfer a female employee to light work

When an employee becomes pregnant, the employer must:

reduce production and service standards;

transfer to another position that will eliminate the impact of adverse production factors.

This must be done if the employee provides the appropriate medical report and writes a statement.

If the company has a suitable position and the pregnant employee agrees to the transfer and work in new position, then the translation is made in the general order:

• An employee writes an application for a transfer to another position (a sample application can be downloaded );
• an additional agreement is concluded with the employee on transfer to light work due to pregnancy (a sample of the additional agreement is shown in Figure 1);
• an order for transfer is issued (a sample order can be downloaded );
• An entry about the transfer is made in the employee’s personal card.

Please pay attention! Since the transfer to light work is temporary, entry into work book not done.

Download documents on the topic:

Read more about how to transfer a pregnant worker to light work in our .

Figure 1. Additional agreement on transfer to light work during pregnancy

An employer cannot forcibly fire or transfer her to another job without the consent of a pregnant employee. The company does not even have the right to remove her from work.

Read more about this situation in our .

Thus, if the employee herself refuses the guarantees provided by law, the company does not bear responsibility for this.

What documents are used to document a transfer to light work for pregnant women?

A pregnant woman has the right to declare that she wants to work less and demand that her production standards be reduced or reduced. work time. In some cases, just an application is enough, while in others, you cannot do without a doctor’s certificate.

When a medical report is needed. A document from a doctor will be needed if the employee believes that there are negative factors at work that will affect her or her baby’s health. In conclusion, the doctor will write in what conditions the woman should not work. After this, the employee must write a statement that she insists on such changes. Once you receive both the application and the medical report, determine whether you can comply with the doctor's orders. If the employee cannot be protected from unfavorable factors in her position, then offer a transfer to another position.

When an employee’s statement is enough. A pregnant woman may at any time request that her part-time or a week (part-time). No confirmation from a doctor is required. To do this, the employee just needs to write an application for a change in working hours and provide a certificate of pregnancy. She can ask to reduce the working day either to one hour or to seven hours a day. And the company is obliged to establish the desired operating mode. At the same time, part-time work does not replace the employer’s obligation to transfer the employee to light work if this is indicated in the medical report. An employee can exercise her right in any position, regardless of whether she was transferred to light work.

Read more about how to set up part-time work in our .

In this article we looked at the transfer to light labor during pregnancy. Labor legislation provides a pregnant woman with certain guarantees, failure to provide which may result in fines and labor disputes for the employer.

Often pregnant employees are transferred to light work at their request. They sign an additional agreement to the employment contract and set a salary equal to the average earnings for their previous job. Read the article on how to properly fill out documents and calculate payments.
Based on a medical report and an application from a pregnant employee, the employer is obliged (Part 1 of Article 254 of the Labor Code of the Russian Federation):
-reduce its production (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.
It is not always possible to immediately transfer a pregnant employee to another job. In this case, the employer will have to:
-free her from work;
- pay her the average salary for all working days missed due to release.
This procedure is established in part 2 of article 254 of the Labor Code and paragraph 22 of the resolution of the Plenum Supreme Court RF dated January 28, 2014 No. 1.

How to properly apply for release from work

If it is impossible to provide a pregnant employee with light work or work that excludes exposure to harmful or hazardous production factors, the employer must issue an order to release her from work.
During the period of release from work, the employee cannot receive wages (Part 3 of Article 76 of the Labor Code of the Russian Federation). She is paid for missed working days in the amount of average earnings for her previous job (Part 2 of Article 254 of the Labor Code of the Russian Federation).

Example 1

Registration of temporary release of a pregnant employee from work
Employee of PJSC "Ocean" E.M. Akulova, a test engineer of the 3rd category, on December 22, 2014, submitted to the employer a medical report and an application for transfer to light work due to pregnancy. During the search suitable job the employee was released from work with payment of average earnings. It is necessary to document the employee’s release from work.
Solution
The employer formalized the release from work by order. There is no unified form for such an order; it can be drawn up in any form (sample 1 below).

Sample 1 Order on release from work

In the time sheet according to the unified form No. T-12 or according to the form developed by the company, the period of release from work will be marked with the letter code “NO” or the number 34 (sample 2 below).

Sample 2 Fragment of a time sheet in December 2014

How to properly process a transfer to light work

Transfer to light work is permitted only by agreement of the parties to the employment contract. The employer sends a pregnant employee written proposal about transfer to light work. The employee must be familiarized with it against signature. If the employee agrees with the transfer to a new position, she expresses her consent by making a note on the transfer proposal or by making a separate statement (sample 3 below).

Sample 3 Proposal for transfer to light work

Since, when transferring to another position, the terms of the employment contract determined by the parties change, the changes are formalized by agreement in writing(Article 72 of the Labor Code of the Russian Federation).

Such a transfer will entail:

Temporary change in the employee’s labor function;

Change of his place of work (structural unit);

Change wages.

New salary for an easy job

The additional agreement to the employment contract does not need to indicate the specific amount of the employee’s new salary. The Labor Code determines its lower limit - the average earnings for the previous job.

The salary calculated on the basis of the average earnings for the previous job may be more in one month, and less than the earnings calculated on the basis of the employee’s new salary in another month.

Every month, as long as light work lasts, the accountant will have to make a comparison. To do this, it is more convenient to take the daily average earnings for the previous job and the salary for the new job.

We will show you with an example how to transfer a pregnant employee to light work.

Example 2

Entries in the additional agreement to the employment contract on transfer to light labor

Let's continue with example 1. Employee of PJSC "Ocean" E.M. Akulova, a test engineer of the 3rd category, on December 22, 2014, submitted to the employer a medical report and an application for transfer to light work due to pregnancy.

While searching for a suitable job, the employee was released from work and paid an average salary.

On January 12, 2015, the employee, with her consent, was transferred to light work in the certification department as a specialist. The salary for the previous position is 27,800 rubles. per month, and for a new position - 26,500 rubles. per month.

It is necessary to document the transfer to light work.

The employer needs to enter into an additional agreement with the employee to the employment contract (see sample 4).

Sample 4 Fragment of an additional agreement to an employment contract

Based on the additional agreement, the employer issues an order for temporary transfer. He can use the unified form No. T-5 or a independently developed form.

Using the unified form No. T-5 is not entirely convenient; it contains lines for indicating the tariff rate (salary) for the new position in rubles and kopecks. And in the case of transfer to light work, the amount of average earnings retained will be different in each month depending on the number of working days. We will draw up an order in any form (sample 5 below).

Sample 5 Order on transfer to light labor

A pregnant employee needs to be informed:

With an order for temporary transfer against signature;

Job description for the new position;

Other local regulations related to work in a new position.

In the time sheet according to the unified form No. T-12 or the form developed by the company, the period of transfer to light labor will be marked with the letter code “I” or digital 01 (sample 6 below).

Sample 6 Fragment of a time sheet in January 2015

An entry about transfer to light labor must be made in section III “Hiring and transfers to another job” of the employee’s personal card in form No. T-2 (sample 7 below). The employee must be familiarized with the recording against signature.

Sample 7 Section III of the personal card “Hiring and transfers to another job”

The salary after transfer to light work was higher than before

If the salary for the work performed turns out to be higher than the salary for the previous position, the employer must be prepared to prove to inspectors from the Federal Social Insurance Fund of the Russian Federation that the pregnant employee has the special education, qualifications or work experience necessary for the higher-paid position. Otherwise, they may regard such a transfer before maternity leave as an artificially inflated payment in the pay period in order to increase the amount of the benefit, and try to refuse the company to reimburse the maternity benefit.

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

Is it harmful?

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

But it is not always possible to “rely” on the results of a special assessment. A striking example Such a restriction applies to traveling employees, for whom assessments do not need to be carried out. And then companies have to act at their own discretion. To avoid risks, I recommend meeting the pregnant employee halfway. If she says that traveling work is dangerous for her or, for example, a medical representative is afraid to go to clinics for fear of viruses, it is better to exclude a “dangerous” type of activity - cancel traveling or provide office work.

Why is an application necessary?

If the company has received a medical report from the employee and, taking into account the data of the special assessment, will introduce easier conditions for her, it is necessary to prepare two documents. The first is an additional agreement to the employment contract on changing the working hours, which will spell out new conditions. In addition, another document is important - an application for the provision of easier working conditions. This will confirm that the transfer is the employee’s desire, and not just the employer’s initiative. But if a woman does not write this document while pregnant, this indicates that she does not plan to transfer to “light labor,” and the employer unilaterally does not have the right to change her conditions. This nuance is very important from the point of view of compliance, and inspectors will definitely request this document during the inspection. Such a transfer will be valid until the employee goes on maternity leave, but this nuance must be specified in an additional agreement before the introduction easy work, and no documents need to be completed when its validity period expires. The agreement will expire, and the employee will go on a long-awaited vacation.

Is it possible not to transfer to light labor?

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

However, translation is not always necessary.

Let's look at the situation of one of BLS's clients. The pregnant employee served as a medical representative and made visits to pharmacies and clinics. She brought a medical certificate confirming her transfer to light work. But the employer doubted the need to change working conditions. His position was based on "", approved. State Committee for Sanitary and Epidemiological Surveillance of Russia on December 21, 1993, Ministry of Health of Russia on December 23, 1993. According to this document, a pregnant woman should not walk more than two kilometers per day. Knowing the standard route from its plan, the company doubted that this limit had been exceeded. A special commission was created that measured the length of the employee’s route and made sure that the norm was not violated. And taking into account the assessment card of her workplace, it was concluded that her work was not hard. I would like to add that the employee then filed a complaint with the State Tax Inspectorate, but based on the results of the inspection, the company’s actions were found to be correct.

In other words, if a company has good reasons If you doubt the need to transfer to light work, you should definitely check the working hours and working conditions of the pregnant employee before agreeing to her transfer.

Computer work and remote work

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

Firstly, many employees ask to be transferred to light duty based on the fact that they work on a computer, which, according to them, is dangerous factor. But it is not so. The harmfulness of such work can only be determined by the results medical examinations. The employer is obliged to carry them out in accordance with the standards. But we are talking about cathode ray tube monitors, whereas now almost all workers have safer LCD screens. And then the harmfulness of the computer can only be determined by the special assessment that I mentioned above. Today, perhaps, there are no longer such computers, which by default are the reason for transferring to light work. This position was confirmed by the Russian Ministry of Labor in its statement, indicating that personal computers with certificates of compliance with safety requirements are not a source of harmful production factors.

And secondly, you can “close” the issue by registering with your employees employment contract about remote work (). In this case, there is no obligation to transfer the employee to light work, since she can work in any place convenient for a pregnant woman, for example, from home. But for such work it is necessary to conclude a separate form of agreement. Naturally, this will require terminating the current employment contract and signing a new one. But remote work is being introduced not only because there is no need to transfer to light work - this is just one of the advantages of the relevant contracts. In any case, it is necessary to enter “distance” in advance, and not when you receive a certificate from an employee. This is a serious project that requires serious time and labor. But employers should definitely think about this.

Problem

I'm 7 weeks pregnant. I work as an accountant 8 hours a day. Working conditions are, in principle, normal. BUT: due to a static sitting position during the working day, my legs began to swell and my lower back began to hurt (this began with the onset of pregnancy). Do I have the right to light work (in the form of a shorter working day) while maintaining average earnings? What can be done in such a situation?

Solution

Hello,

Yes, you have.

In relation to pregnant workers, light work is mentioned only indirectly in Part 1 of Art. 254 of the Labor Code of the Russian Federation, which provides for pregnant women according to their statement and according to medical opinion:
- transfer to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings for the previous job;

The transfer of pregnant employees to another job, according to a medical report, is carried out in accordance with Art. 73 of the Labor Code of the Russian Federation, but taking into account the features established in Art. 254 Labor Code of the Russian Federation.
So, the employer must offer the pregnant employee all available vacancies in writing, which:
- according to the results of certification of workplaces, they are not associated with work in harmful, dangerous or difficult working conditions;
- meet the requirements established by Hygienic Recommendations, SanPiN, Resolution of the USSR Supreme Council of April 10, 1990 N 1420-1.

Based on the additional agreement, the employer issues order on temporary translation according to form N T-5 or an independently developed form. In the order, the employer will indicate:
- deadline for transfer (in the line “Transfer to another job” in column “C” enter the date of issue of the medical report, and in the column “Before” write “before the start of maternity leave”);
- the reason for the transfer of the pregnant employee;
- new place of work, its position and salary;
- basis for translation.

I would also like to draw your attention to the fact that before providing a pregnant woman with another job that excludes the impact of unfavorable production factors, the employer is obliged to release her from work while maintaining the average earnings for all working days missed as a result (Part 2 of Article 254 of the Labor Code of the Russian Federation). Such release is possible from the moment the employee presents a medical report and application until maternity leave.
If the organization does not have light work, then the employer is obliged to relieve the employee from work.
The employer must formalize the release of a pregnant employee from work by order. With which the employee must be familiarized with signature. What do you mean the order is not shown? In fact, they should give it to you to sign.
Based on such an order, the accounting department will accrue wages to the employee in the amount of average earnings calculated as of the date of release from work.

Solution

Hello!

1. You need to start by obtaining a medical certificate confirming your transfer to a job that will comply with SanPINs and exclude the influence of unfavorable factors. I have attached the SanPINs; a medical report must be obtained from the housing complex. If suddenly they don’t give you this certificate, then act as described in the Algorithm on our website, as such women acted in the same situation:

http://taktaktak.org/blog/posts/2014/04/11067/How to get a certificate in Women's consultation, giving a pregnant employee the right to light work

2. Next, having received a certificate for transfer to another job that meets the sanitary requirements for pregnant women, you need to write an application to the employer for transfer to another job, attaching a medical certificate according to Article 254 of the Labor Code of the Russian Federation, then you must either be transferred to a suitable job while maintaining the average earnings, or if there is no such job, then you are required to be released from work while maintaining your average earnings for the entire period until they can find such a job, and if they cannot, then you will sit at home until the holiday under the BiR.

All employers do not want to transfer to another job, and even more so do not want to release them from work while maintaining average earnings, and therefore learn how to defend your rights and write the sample application that we offer on this site:

http://taktaktak.org/document/8233Sample application from a pregnant employee to the employer for transfer to light work, taking into account legal requirements

http://taktaktak.org/document/7978How to protect your right to transfer to light work for a pregnant employee

3. And also, if the employer agrees to the transfer or to release you from work, then in this case an additional agreement to the TD is drawn up, you must take the second copy in your hands and there must be an order, it is also better to take a certified copy in your hands.

I have also attached a sample order, it could look like this.

And don’t make the same mistake as this counselee did http://taktaktak.org/problem/12288#comment_50103, who verbally agreed that she would sit at home, as a result, no one paid her anything and that’s all That’s right, paperwork is documentary, in writing. So, now she cannot receive benefits either. So, be sure to complete all documents.

• Sanitary rules and regulations for women and pregnant women.doc

And just in case, I warn you that if they threaten you when they offer you another job, and you refuse, because... she will not comply with sanitary standards, then it happens that they begin to threaten that they will apply Article 73 of the Labor Code of the Russian Federation and fire her and this will not be the initiative of the employer, so, pregnant women and Article 73 of the Labor Code of the Russian Federation are in no way comparable, you are not sick, you are pregnant and in your case everything is regulated by Article 254 of the Labor Code of the Russian Federation. By the way, this is all indicated in our sample application to the employer, but just in case, I pay attention to this separately.

And also, I am attaching a consultation from the legal system on the same topic.

That is, you are offered a job that does not comply with the SanPINs you write written refusal and indicate that the proposed work does not comply with SanPINs and list these points.

And yet, you now submit all documents to the employer against signature, so that you can put signatures and dates on which these documents were received from you on the copies of your applications.

I have not met an employer who would treat pregnant employees normally, and therefore do not give the employer a reason to say that you did not submit an application, that you submitted a certificate of incapacity for work leave, etc.

And let's now look at your formulation:

Do I have the right to light work (in the form of a reduction in working hours) while maintaining average earnings?

Article 254 of the Labor Code of the Russian Federation:

1. You can either be transferred to another job while maintaining your average earnings

2. You may have a lower price production standards, service standards, if this leads to less working time, then yes, while maintaining average earnings

But not all women understand when their employer tells them to sign documents for transfer to part-time work (working day or working week), here be very vigilant, maybe. This Article 93 of the Labor Code of the Russian Federation, and in this case this time is paid in proportion to the time worked.

And therefore, read the documents, how all these points are formulated in them and how the payment in this case is described, it should specifically indicate that with the preservation of average earnings.

no more than three hours per work shift) subject to compliance with the hygienic requirements provided for by sanitary rules.

When you go to the housing complex for a certificate, ask that the work be indicated to you, what is recommended, that it comply with Sanitary Indicators and that the data be indicated. And it’s also better to clearly state what kind of work is now recommended for you.

At the very beginning of pregnancy, many women hide their situation from their superiors. But in vain, because they are supposed to have light work during pregnancy. Continuing to work as before, they can harm the unborn child. Under what conditions can a disadvantaged worker exercise her right to work according to her abilities? What documents need to be provided?

What does light labor mean during pregnancy?

According to the law, each director, on the basis of a medical certificate, must transfer an employee in an interesting situation to an easy job. Light labor means work that involves reducing physical activity and harmful effects.

For health reasons, a woman’s light work during pregnancy should be such that there is no potential threat to the health of the unborn baby. All this is written down in the Labor Code of the Russian Federation in articles 93, 254, 260, 261.

Easy work during the period of bearing a child is selected individually. The director takes into account the state of the body and psychological mood, as well as the conditions and assessment of the proper quality of the work performed.

Reasons for switching to light work

If a pregnant woman works in production where there are unfavorable conditions, she has every right switch to a reduced load. 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, night work. She doesn't work on weekends and holidays, and free from overtime assignments. She is also legally entitled to reduced working hours and full paid leave, regardless of how long she has worked.

Easy work 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 the production rate;
3. Provide her with a job where there are no harmful factors.

How does the transition process work?

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.

Features of organizing work during pregnancy

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! Russian Code on labor, in Chapter 41, which specifies the features of the organization of work during pregnancy, in Article 261 it 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 workplace won't lose.

What difficulties arise

Most employers do not want to work with pregnant women. However, they do not explain why they are refusing them and hope that the employee does not know his rights.

In Russia, current legislation protects women's rights and gives them the opportunity to defend them.

If a woman refuses light work during pregnancy, the employer cannot fire her for disciplinary reasons. A woman who has been transferred to a job based on her strength may not be suitable for the position because... she cannot perform other work due to health reasons.

Payment term

Payment for light work during pregnancy provides for certain points that must be taken into account. These are the moments:

1. In a new workplace, the salary may be higher than the average salary that she received in her previous position, so you need to additional agreement indicate the salary for the new job;
2. If the salary at the new workplace is lower than the average salary that she had before, then the additional contract must indicate the amount of the average salary;
3. If a pregnant employee works part-time, she will be paid for the time worked.

Rights and responsibilities of women and employers

The main responsibility of the manager is to transfer the pregnant employee to simple conditions labor as soon as she brings a medical certificate. If the employer cannot immediately provide her with a suitable place, then he is obliged to temporarily release the pregnant woman from her duties and maintain her average salary. The manager is also obliged to:

• observe sanitary standards for a pregnant employee at the workplace;
• if there is no suitable work at this time, the manager must let the employee go home, but keep her average earnings;
• when the expectant mother is in hospital for protection, the director is obliged to pay her the average salary.

It is the pregnant woman’s responsibility to bring a medical certificate, give it to the employer and write an application for light work.

When to apply

The labor law does not specify at what stage of pregnancy an application must be submitted. A woman has the right at the very beginning interesting situation for indulgence, when fulfilling job responsibilities. But there must be confirmation from a doctor.

Typically, a pregnant woman writes a statement closer to maternity leave, at a time when it is already difficult for her to work. Although she can do this earlier.

What responsibility does the employer have?

1. If the boss does not agree to provide a woman with another job during pregnancy, the employee can complain to the State Labor Inspectorate;
2. This inspection will conduct an inspection and if the violation is confirmed, the boss will be fined five thousand rubles or may be banned from operating for three months;
3. If there is a repeated violation, the enterprise will be closed for several years.

The Criminal Code is very important, especially Article 145, which states that employers who illegally fired or did not hire expectant mother, will face punishment not only in the form of a fine, but also forced labor.

Transferring a woman to a lighter load during pregnancy is a temporary phenomenon and lasts until childbirth. Stand up for your rights and take care of your unborn child.