Transfer of a pregnant employee to light work (N.A. Muromtseva)

Date of article posting: 08/14/2013

If company employees work in harmful, difficult, dangerous or other special working conditions, the employer must be prepared for the fact that a pregnant employee may contact him with a request to transfer her to light work. How to arrange such a transfer and what to do if the organization does not have easy work, read the article.

In the Labor Code, the concept of “light labor” appears twice:
- in Art. 63, it deals with the procedure for concluding an employment contract with persons who have reached the age of 14 - 15 years;
- in Art. 224, it talks about the employer’s obligation to transfer employees who need easier work for health reasons to another job in accordance with a medical report.

Note. In the medical report, the doctor indicates the basis for the transfer and the recommended work.

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, upon their application and in accordance with a medical report:
- transfer to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings for the previous job;
- reduction in production standards and service standards. In accordance with the section “General Provisions” of the Hygienic Recommendations for the rational employment of pregnant women, approved on December 21, 1993 by the State Committee for Sanitary and Epidemiological Supervision of Russia and on December 23, 1993 by the Ministry of Health of Russia (hereinafter referred to as the Hygienic Recommendations), pregnant workers are given a differentiated production rate with an average reduction of up to 40% of the constant rate . At the same time, such employees retain their average earnings from their previous jobs.

Regulatory documents establishing working conditions for women

In order to comply with labor legislation in terms of providing pregnant women with work that excludes exposure to adverse production factors, the employer can use the standards contained in:
- in Hygienic recommendations;
- section 4 SanPiN 2.2.0.555-96. 2.2 "Occupational hygiene. Hygienic requirements for working conditions for women. Sanitary rules and norms", approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 N 32 (hereinafter referred to as SanPiN);
- Methodological recommendations N 11-8/240-09 “Hygienic assessment of harmful production factors and production processes hazardous to human reproductive health” (approved by the Ministry of Health of Russia on July 12, 2002);
- Resolution of the Supreme Soviet of the USSR dated April 10, 1990 N 1420-1 “On urgent measures to improve the situation of women, protect motherhood and childhood, and strengthen the family.”

Workplace organization criteria

Thus, for pregnant women, stationary workplaces and work performed in a free mode and in a position that allows a change of position at will are preferable, and constant work in a standing and sitting position is undesirable (section “Hygienic criteria for organizing a workplace” of the Hygienic Recommendations).
As work recommended for women to perform during pregnancy, in particular, light assembly, sorting, and packaging operations can be used, taking into account the hygienic criteria of the labor process, the production environment and the organization of the workplace (Table 1 "Optimal values ​​of physical activity for women's work in pregnancy period" Hygienic recommendations).

Prohibited activities

For pregnant women, activities related to getting clothes and shoes wet, working in a draft (clause 4.1.7 SanPiN), as well as in rooms without windows (without natural light) (clause 4.1.9 SanPiN) are not allowed.

Order to the employer

Paragraph 11 of the Resolution of the USSR Supreme Council of April 10, 1990 N 1420-1 instructs employers to ensure the timely transfer of pregnant women to another, easier job that eliminates the impact of adverse production factors:
- establish jobs and determine the types of work to which pregnant women can be transferred or which they can perform at home;
- release a pregnant woman from work until the issue of employment is resolved in accordance with a medical certificate, while maintaining the average earnings for all working days missed as a result at the expense of the organization.

Note. Harmful and dangerous production factors
A hazardous occupational factor (HFO) is an occupational factor whose impact on a worker under certain conditions leads to injury or other sudden deterioration in health. Trauma is damage to body tissues and disruption of its functions by external influence. An injury is the result of an industrial accident, which is understood as a case of exposure to a hazardous production factor on a worker while performing his job duties or tasks of a work manager.
A harmful production factor (HPF) is a production factor whose impact on a worker under certain conditions leads to illness or decreased ability to work. Depending on the intensity and duration of exposure, harmful occupational factors can become hazardous. Diseases that arise under the influence of harmful production factors are called occupational.
All dangerous and harmful production factors, in accordance with GOST 12.0.003-74, are divided into physical, chemical, biological and psychophysiological.

Documentation of transfer to light labor

As mentioned above, in order to be transferred to light work, a pregnant employee whose work activity is associated with harmful, dangerous or difficult production factors must submit to the employer (Part 1 of Article 254 of the Labor Code of the Russian Federation):
- medical report on transfer to another job;
- application for transfer to light work.

Note. Based on these documents, the employer is obliged to transfer the employee to a job that suits her.

Medical report

A medical report on the transfer of a pregnant woman to light work is issued in form N 084/u (approved by Order of the USSR Ministry of Health dated October 4, 1980 N 1030). The medical report must contain specific indications of which production factors are unfavorable for the employee.

Note. Despite the repeal of Order of the USSR Ministry of Health dated October 4, 1980 N 1030, which approved form N 084/u, the use of this form by doctors in their work for these purposes is legal.

This conclusion is issued to women in other cases if there are individual indications (paragraph 15, clause 9 of Appendix No. 1 “Rules for organizing the activities of antenatal clinics”, approved by Order of the Ministry of Health of Russia dated November 1, 2012 N 572n).

Note. Conclusion on the need for light work - based on the results of workplace certification
It happens that specialists from medical institutions do not know the specifics of work in individual specialties. In this case, they make a request to the organization’s labor protection department and ask to clarify what working conditions the work involves.
An employer can give a description of a pregnant employee’s workplace based on a qualification reference book. He can attach a list of harmful factors and a photograph of the workplace to the description. If a workplace certification was carried out, a conclusion on the results of the certification.
Based on the employer’s data, the medical institution (or the individual doctor) will give an opinion on the need for light work.

Application for transfer to light work

A pregnant worker writes it in free form. The text of the application may be as follows: “I request that you transfer me to another job that excludes exposure to adverse production factors, in accordance with Article 254 of the Labor Code. Appendix: medical report dated June 17, 2013 N 42.”

Note. The employee’s application must be registered (for example, in the employee statements register).

Job offer

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.
Thus, the employer must offer the pregnant employee in writing all available vacancies that:
- 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.
The wording of an employer's proposal for a temporary transfer to another job may be as follows: “Having considered your application for a job in accordance with a medical report, I offer you the position of a packager of printed materials temporarily for the period from 06/17/2013 to 10/14/2013 with a salary according to the staffing table of 21,000 rub. and an additional payment of 4,000 rubles."

Note. The employee must be familiarized with the proposal for a temporary transfer against signature.

If the salary for the new position is lower than the average salary of the employee at her previous place of work, the difference must be indicated as an allowance. For example, in accordance with the staffing table, the salary for the position of a packager of printed materials is 21,000 rubles, and the average earnings of a female employee at her previous place of work at the time of transfer is 25,000 rubles. The difference is 4000 rubles. (25,000 rubles - 21,000 rubles) the employer needs to issue an allowance.
If the salary for the new position is higher than the average salary for the previous job, she is paid the salary for the new position. The employer will indicate its size in the additional agreement to the employment contract and in the order for temporary transfer in Form N T-5 or an independently developed form.

Job selected

If a vacancy that is not contraindicated by a medical report is found, written consent must be obtained from the employee for transfer to this job (Part 1 of Article 73 of the Labor Code of the Russian Federation).

Note. If she agrees to the transfer, the employee puts a consent note on the transfer proposal or writes an independent statement of consent to the transfer to a specific position (job).

Otherwise, if for some reason the case goes to court, the employer will not be able to provide evidence of which positions were offered to the employee, that work in these positions involved easier work due to her pregnancy while maintaining the average earnings for her previous position (Definition of the Moscow Regional court dated May 12, 2011 in case No. 33-10695).

Additional agreement

Next, the employer must enter into an additional agreement with the employee to change the terms of the employment contract (Article 72 of the Labor Code of the Russian Federation).
The employee receives one copy of the additional agreement in her hands, having signed for its receipt after the words “a copy of the agreement has been received.”

Transfer order

Based on the additional agreement, the employer issues an order for temporary transfer in 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.
The employer may not fill in the “Before” line; then, when indicating the type of transfer in the line “Type of transfer (permanent, temporary),” he must indicate “temporarily, until the start of maternity leave.”

The employee must be familiarized with the order against signature. She also needs to be familiarized with the job description for the new position and other local regulations directly related to her work activity. At the request of the employee, the employer must give her a duly certified copy of the temporary transfer order (Part 1 of Article 62 of the Labor Code of the Russian Federation).

Note. A copy of the order in the future will allow the employee, if necessary, to confirm that she performed this work.

Note. Annual leave
At their request, the employer is obliged to provide pregnant employees with annual paid leave, regardless of their length of service in this organization (Article 260 of the Labor Code of the Russian Federation):
- before maternity leave;
- immediately after maternity leave;
- at the end of parental leave.

Temporary transfer completed

Order on the end of the transfer period. At the end of the temporary transfer period - on the last day before the start of maternity leave - the employer must issue an order to end the transfer period and to return the employee to work in her previous position. There is no unified form for such an order, so the employer can develop it independently.

Note. On the same day, the pregnant employee must be familiarized with the order against signature.

Entry into the work book. An entry about the transfer is not made in the work book, since only information about permanent transfers is subject to entry (Part 4 of Article 66 of the Labor Code of the Russian Federation).

If there is no easy work in the organization

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.

Note. If there is no vacancy where a pregnant employee could be transferred, the employer can introduce a new (temporary) workplace specifically for a pregnant woman into the organization’s staffing table.

Order on release from work

The employer must formalize the release of a pregnant employee from work by order. The wording of the order may be as follows: “Due to the inability to transfer Tayskaya Valeria Viktorovna to light work on the basis of a medical report dated June 17, 2013 N 42, I ORDER: in accordance with Article 254 of the Labor Code, to release Tayskaya Valeria Viktorovna from work while maintaining the average earnings with 06/17/2013 before the start of maternity leave. Reason: medical report dated 06/17/2013 N 42, application dated 06/17/2013."
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.

What to put on the report card

The time when the employee did not work due to the fact that the employer could not provide her with work in accordance with the medical report, the employer will mark the time sheet in the form N T-12 or N T-13 or an independently developed form with the letter code NO or digital 34.

Note. Experience for early retirement
When transferring, in accordance with the medical report of a pregnant employee, from a job provided for in the Lists of productions, works, professions and positions giving the right to early old-age pension, to another job not related to special working conditions, such work is equal to the work that preceded the transfer.
In the same manner, the time when the pregnant woman did not work until the issue of her employment was resolved in accordance with the medical report (clause 18 of the Explanation of the Ministry of Labor of Russia dated 22.05. 1996 N 5).
Lists of industries, jobs, professions and positions that give the right to early old-age pension are listed in Explanations of the Ministry of Labor of Russia dated May 22, 1996 No. 5.

Can an employer refuse to transfer an employee to light work?

If a pregnant employee has presented the employer with a medical report on transfer to light work and an application, the employer does not have the right to refuse her such a transfer (Part 1 of Article 254 of the Labor Code of the Russian Federation).
If the employer refuses to transfer to another job that excludes exposure to adverse production factors, the pregnant employee may go to court.
If an organization does not comply with labor safety rules for a pregnant employee, the court will be on the employee’s side.

Note. A certificate from a medical institution does not replace a medical report
The basis for transferring a worker to light work can only be a medical report, duly executed. A certificate from a medical institution prescribing the need to establish part-time work cannot be recognized as a full-fledged medical report.

Does an employee have the right to refuse a transfer?
Can she be fired?

Of course, the employee has this right. But what should an employer do in this situation? According to Part 3 of Art. 73 of the Labor Code of the Russian Federation, if an employee who, in accordance with a medical report, needs a temporary transfer to another job, refuses the transfer or the employer does not have a suitable job, the employment contract is terminated on the basis of clause 8 of part 1 of Art. 77 Labor Code of the Russian Federation.
However, the issues of transferring pregnant women to another job, in accordance with a medical report, are regulated by Art. 254 of the Labor Code of the Russian Federation, and it has priority in application compared to Art. 73 Labor Code of the Russian Federation. That is, if a pregnant employee refuses a transfer, the employer does not have the right to dismiss her on the basis of clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation.
In this situation, the employer releases the employee from work while maintaining the average salary from the moment the employee presents a medical report and application until maternity leave (Part 2 of Article 254 of the Labor Code of the Russian Federation).

Note. Prohibition on dismissal of a pregnant employee
An employer does not have the right to terminate an employment contract with a pregnant employee on his own initiative. Exceptions are cases (parts 1 and 3 of Article 261 of the Labor Code of the Russian Federation):
- liquidation of the organization;
- termination of activities by an individual entrepreneur;
- expiration of the employment contract, if it was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy, which she can perform taking into account her state of health.
If during the pregnancy of an employee the term of a fixed-term employment contract expires, the employer is obliged, upon the written application of the employee and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation).

The employee applied for a transfer to part-time work

At the request of a pregnant employee, the employer is obliged to establish a part-time working day (shift) or a part-time working week for her (Part 1 of Article 93 of the Labor Code of the Russian Federation). To do this, you only need a statement from the employee; a medical report is not required.

Note. For more information about transferring to part-time work, how to arrange it and pay for it, read the article “Part-time work for a young mother” // Salary, 2011, No. 12.

Moreover, work under these conditions does not entail for the employee any restrictions on the duration of annual paid leave, or the calculation of length of service, or other labor rights.

Note. Preferences for pregnant employees
Employers do not have the right to pregnant workers (Part 1 of Article 259 of the Labor Code of the Russian Federation):
- send on business trips;
- involve in overtime work;
- work at night;
- on weekends and non-working holidays.

Current for 2019

The current legislation regulates the work of pregnant women more strictly. They are provided not only with benefits and guarantees, but also with the right to work in conditions that suit their health status.

In the presence of harmful and dangerous working conditions, pregnant women from the moment of their first appearance at the antenatal clinic are issued a “Medical report on the transfer of the pregnant woman to another job” with the preservation of the average earnings for the previous job. The collective agreement in force in the organization may establish additional benefits for pregnant women.

Vacations. A pregnant woman has the right:

• Take annual paid leave in full (28 calendar days) for the first year of work before the expiration of 6 months of continuous work with this employer (Article 122 of the Labor Code of the Russian Federation) before maternity leave or immediately after it (as well as in the case of adopting a child under the age of 3 months).
• When establishing the priority for granting annual leave, a woman, at her request, is granted annual paid leave before or immediately after maternity leave, or at the end of child care leave, regardless of her length of service with a given employer (Article 260 of the Labor Code of the Russian Federation).
• If a woman has the right to additional paid leave, then it is added to the annual leave.
• At the request of the husband, at a time convenient for him, he is granted annual paid leave (at least 28 calendar days) while his wife is on maternity leave, regardless of the time of his continuous work in this organization (Article 123 of the Labor Code of the Russian Federation).
• If annual paid leave coincides with maternity leave, annual leave must be granted after the end of postpartum leave or postponed to another period at the request of the woman.

Medicine. A pregnant woman has the right:

• for free specialized medical care in institutions of the state or municipal health care system (i.e., in antenatal clinics) under the compulsory health insurance program.
• to maintain average earnings at the place of work while undergoing a mandatory medical examination in medical institutions (Article 254 of the Labor Code of the Russian Federation). If necessary, a free-form certificate from the antenatal clinic about visiting a doctor is provided to the administration of the organization. If the expectant mother has to wait in line for a long time to see the doctor, then the certificate can indicate the time of visiting the medical institution from the beginning of the appointment until the actual departure from the doctor’s office.
• for social tax deduction for medicines.

Legislation establishes the possibility of preserving the health of the expectant mother and baby through labor protection. It consists of creating special working conditions for a pregnant woman that will contribute to the harmonious, healthy intrauterine development of the fetus. The Labor Code grants the expectant mother not only the right to light work during pregnancy, but also certain financial guarantees, as well as preservation of her job.

Today, women often do not inform their employer about pregnancy for fear of losing their job. But the conditions in which she works can be unfavorable for the development of the fetus and harm its health. Therefore, every woman should understand what light work is during pregnancy, how it is paid, and what to do if the employer does not provide such conditions?

The Labor Code does not contain a clear definition of “light labor during pregnancy.” But the employer’s obligation, in the presence of a medical certificate, is legislated to reduce production standards or transfer the woman to easier work that excludes the influence of harmful production factors. At the same time, the average earnings of the worker should be retained.

Light work implies professional activity that requires less physical effort and does not have an adverse effect on the development of the fetus.

A pregnant woman should not perform work related to:

A woman can exercise her legal right to transfer to light work only after providing the employer with a medical report. Without this certificate, the employer is not obliged to change the working conditions.

Rights and Responsibilities

The main responsibility of the employer is to transfer the pregnant employee to light work if she provides a medical report. If the employer cannot immediately provide a pregnant woman with suitable working conditions, and he needs time to resolve this issue, then she is released from work for this period, and the employer pays for all days the employee is absent from work.

A pregnant woman has the right to full annual paid leave. In this case, it does not matter at all how long the woman worked at the enterprise. Such leave is granted at the request of the employee either before maternity leave or immediately after it.

It is the employer's responsibility to comply with sanitary standards in the pregnant woman's workplace. In addition, the legislation guarantees its preservation for the woman in the position. The employer cannot terminate the employment relationship with her on his own initiative. If the term of the employment contract has come to an end, then, at the request of the employee, the employer is obliged to extend the agreement.

Terms

The work of a pregnant woman, regardless of what field she works in, must meet the conditions specified by law. So, in industry, if the activity is related to assembly, sorting, packaging, operations must be automated. At the same time, the employer is obliged to take care of sufficient lighting in the room to prevent eye strain. Light work during pregnancy should completely eliminate increased emotional stress.

A pregnant woman should not work in a draft, with wet clothes and shoes, or with sudden changes in pressure. It should not be exposed to harmful chemicals, aerosols, vibration or ultrasound. During pregnancy, a woman is strictly prohibited from engaging in activities related to pathogens.

The employer is obliged to provide such working conditions that will eliminate the need for an employee to constantly remain in the same position during pregnancy (constantly sitting or constantly walking is prohibited). Also, work cannot be performed in a squatting, kneeling, bending position, or focusing on the stomach or chest.

The professional duties of a pregnant employee cannot be associated with lifting objects from the floor, above shoulder level, or straining the abdominal muscles. A pregnant woman can lift weights (no more than 2.5 kg) no more than 2 times per hour. If such frequency cannot be observed due to technological conditions, then the weight is reduced by half. But within an hour the total weight can be no more than 6 kg. In general, the weight of the load during a shift should not exceed 48 kg.

When performing piecework work, the production rate is reduced by 40%. However, pay for light work during pregnancy is not reduced. If a woman works in agriculture, then during pregnancy she is exempt from work related to livestock and crop production. Moreover, this applies from the first day of confirmation of pregnancy.

Working conditions in the office imply the right of a woman not to work with computers. If this is not possible, then work time should be reduced to 3 hours a day. For women, there is a corrugated footrest and a chair that meets special parameters: rotating, with a headrest, armrests and a high back, which must be adjusted in height.

Peculiarities of work of pregnant women

Features of the work of a pregnant woman include:

• The right to switch to light work with a medical certificate.
• The right to refuse to work at a computer.
• Possibility of switching to part-time work. Payment is made in proportion to the time worked; the duration of vacation is not affected by the work schedule.
• The right to receive payment for days of forced absence if the employer cannot immediately provide her with the required working conditions.
• Receiving full leave regardless of length of service at the enterprise.
• The right to refuse business trips, not to work night shifts, not to work overtime, on weekends and holidays.

It is impossible to fire a pregnant woman at the initiative of the employer, even if the woman did not inform him of her situation when she was hired. If an employee was hired for a certain period, but the employment contract has ended, she only needs to write an application to extend the agreement and attach a medical certificate confirming pregnancy. And only after the end of pregnancy, the employer, within a week, can dismiss the employee with whom the employment contract has expired.

But the dismissal of a pregnant woman can be legal in the only case: if the employment contract with her was concluded for the period of performance of the duties of an employee who is temporarily absent from work. The employer is obliged to offer the woman all available vacancies suitable for her. And only in the absence of such can she be fired.

Payment terms

As soon as a woman presents a medical report indicating that she needs to perform lighter work, the employer is obliged to eliminate conditions that could adversely affect her health and the development of the fetus. When transferring to another job, the salary may differ and not always in a favorable direction for the employee. Light work during pregnancy has specific payment requirements.

The employer must do the following:

• if the salary established by the staffing schedule for a new job is lower than the previous one, then the difference is set as an allowance and the full salary is paid;
• if the salary at the new job is higher, then a new salary is paid;
• if the employee remains at her previous job, but the workload is reduced, then earnings are paid in an amount not lower than the average for the previous period.

Also, a pregnant woman may express a desire to work part-time or a week. This right is reserved to her by law. In this case, the employer is obliged to pay her for her work in proportion to the time worked. All losses of the employer associated with the payment of pregnant women are borne by the employer himself. In this case, the FSS does not reimburse any expenses.

If the working conditions of a pregnant woman include restrictions on working posture, drafts, wet clothes and shoes, changes in atmospheric pressure, poor lighting, elevated temperature in the workplace (more than 35 degrees), or the need to walk more than 2 km per shift, she has the right to transfer to easier work.

The first step of a pregnant woman in this direction should be to contact the antenatal clinic with her attending physician, who, at her request, is obliged to issue her a medical certificate on the need to transfer to light work. After this, the employee provides the employer with a conclusion and a statement requesting the transfer.

It should be understood that there is no need to negotiate with the employer. Transferring a pregnant woman to light work in the presence of a medical certificate is not a gesture of goodwill, but the responsibility of the employer.

If the employer claims that light work is impossible at this workplace and invites the employee to resign of her own free will, his actions are illegal. According to the code, if an employer cannot provide a pregnant employee with adequate working conditions, she has the right to be absent from the workplace. In this case, the employer pays for all the time missed by the woman for this reason based on average earnings.

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 Responsibilities

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 is 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.

Terms

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:

1. You can transfer to light work only if you provide a doctor's report.
2. A woman has the right to refuse to work at a computer.
3. 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.
4. If the employer cannot provide adequate working conditions, the woman receives payment for the days she is absent.
5. Full leave is provided without regard to length of service.
6. 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 her 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.

Remuneration

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.

Today, through the legislation of the Russian Federation, the possibility of preserving the health of a pregnant woman and, of course, her unborn baby directly through labor protection is established. Light work for pregnant women is established by the Labor Code of the Russian Federation and consists of creating special working conditions. They certainly contribute to the healthy and harmonious intrauterine development of the fetus.

It is important to add that, through the Labor Code, the expectant mother is granted not only the right to easy work, but also specific financial guarantees, as well as job retention. What is light labor for pregnant women? From what period is transfer appropriate? Why? These and other equally interesting questions can be answered by reading this article.

Light labor for pregnant women (Labor Code of the Russian Federation)

In the modern world, a woman most often prefers not to inform her employer directly about the onset of pregnancy. Why? Most likely, she is afraid of losing her job. However, the conditions under which the work process takes place often turn out to be unfavorable for the formation and subsequent development of the fetus.

It's no secret that any woman sincerely wants to give birth to a healthy child, so every expectant mother must know what light labor is for pregnant women (the Labor Code of the Russian Federation defines this very clearly). In addition, you should have information about compensation for such work. By the way, today women often ask the question: what to do if the employer does not provide the conditions necessary for the harmonious development of the fetus?

What are the currently known rights of a pregnant woman in light work? It is important to note that according to the Russian Labor Code, there is no specific definition of light labor during pregnancy. However, the employer’s obligation to reduce production standards in a certain way in the case of a medical service’s conclusion is established by law. In addition, it is also possible to ensure that a pregnant woman is transferred to light work (the application provided for in this provision is drawn up in writing directly by the pregnant woman), eliminating the influence of some negative factors of production.

As a rule, these can cause harm to both the woman and her unborn baby. It is important to note that in the event of a transfer, the employee’s average earnings are retained. Thus, light work involves professional activities that require less physical effort and do not have an adverse effect directly on the development of the fetus.

List of restrictions

As it turned out, light work for pregnant women (Labor Code of the Russian Federation) implies certain working conditions. Thus, a representative of the fair sex who is expecting a baby is prohibited from performing the following activities:

It is important to add that the transfer of pregnant women to light work is carried out strictly upon providing the employer with a medical report. Without this document, the employer does not undertake to change the working conditions of his employee.

Rights and Responsibilities

As it turned out, the main responsibility of the employer regarding the issue under consideration is the transfer of pregnant women to another job, subject to their provision of appropriate medical indications. Then, when the employer is not able to immediately provide a pregnant woman with favorable working conditions, and he needs a certain period of time to resolve this situation, the employee, one way or another, should be released from work for this time. In this case, the employer undertakes to pay for absolutely all days of her absence.

In addition, the relevant production standards assume that a pregnant woman is entitled to full leave, subject to payment on an annual basis. It is interesting to add that here it does not matter at all how long a woman has worked in a particular company. Thus, the employer is obliged to provide the employee with such leave directly upon her application, or before or after maternity leave.

Considering light work for pregnant women, the Labor Code assumes that the employer is obliged to ensure compliance with sanitation standards in the workplace of a pregnant woman. In addition, the law guarantees its retention for an employee in a position. Why? The fact is that the employer is not given the right to terminate the employment relationship with her on his own initiative. If the period of the employment contract ends, then directly at the request of the employee, the employer undertakes to extend this agreement.

Working conditions in industry

In accordance with Art. 254 of the Labor Code of the Russian Federation, the work of a pregnant woman, one way or another, must be agreed upon with certain conditions. Thus, in the industrial field, if labor activity relates to assembly, sorting, packaging, all necessary operations must be subject to automation. At the same time, the employer undertakes to provide sufficient lighting in the room to prevent overstrain of the employee’s eyesight, as well as other workers. It is important to note that light work directly during pregnancy should in any case exclude an increased degree of emotional and psychological stress.

It should be noted that an employee of a particular company who is in this situation should not work in a draft, with sudden pressure changes, or with wet clothes. In addition, it should not be exposed to harmful aerosols, chemicals, ultrasound or vibration under any circumstances. An employee of a particular enterprise who is in a position is strictly prohibited from developing activities that, one way or another, come into contact with various types of pathogens (infections, fungi, and so on).

Conditions for working with heavy weights

In accordance with Art. 254 of the Labor Code of the Russian Federation, the employer undertakes to provide such working conditions that will completely eliminate the need for the employee to always be in the same position (standing, sitting, and even constantly walking is strictly prohibited). Moreover, you cannot work on your knees, squatting, bending, or focusing on your stomach or chest.

The professional work of a pregnant woman cannot be associated with lifting certain objects above the shoulders from the floor, or with straining the muscles in the abdominal area. Thus, a pregnant employee of a particular company can lift objects weighing no more than two and a half kilograms no more than twice an hour. If it is impossible to maintain such frequency due to other technological conditions, it is necessary to reduce the weight by half. However, within sixty minutes the total weight should be no more than six kilograms. Thus, during a work shift, the total weight should in no case exceed forty-eight kilograms.

General working conditions

It is important to note that if a pregnant woman performs piecework work, production standards are reduced by forty percent. It is important to add that in such circumstances, the payment for light work due to the special position of an employee of a particular company is not reduced.

By the way, if a representative of the fair sex works at an agricultural enterprise, then she, one way or another, should be relieved of duties in livestock and crop production. Moreover, the above rule begins to apply immediately from the moment of medical confirmation of pregnancy.

It is interesting to know that office working conditions presuppose that a woman in a position has the right not to work with computer equipment. If it is impossible to ensure such a condition, then it is necessary to reduce working time to three hours a day. By the way, for pregnant employees of self-respecting companies, as a rule, a corrugated footrest is provided, as well as a chair that fully meets certain parameters. Among them are a rotating mechanism, the presence of a headrest, armrests, and a high backrest, which must be adjustable in terms of height.

Features of work activity

In accordance with the above information, a number of features of the work of a woman in a situation can be identified, which must include:

• The right to switch to easy working conditions (for this a medical certificate is required).
• The right not to work with computer equipment.
• Light work for pregnant women: how many hours should you work? The answer to this question is formed directly from the possibility of a woman switching to a part-time work schedule. It is important to add that in this case payment is made proportionally in accordance with the time worked. By the way, the work schedule does not have any impact on the duration of vacation, which is a very encouraging fact for employees of certain companies who are in difficulty.
• The right to receive payment for the days when the woman was forced to miss work. This rule is applied when the employer delays in providing adequate working conditions for a pregnant employee.
• The right to refuse work on night shifts and business trips to other cities. In addition, if desired, a woman may be forced to work overtime, as well as work on holidays and weekends.
• The right to receive full leave, regardless of length of service in the company.

What else?

It is important that a pregnant woman cannot be fired at the request of the employer, even if she did not inform the employer about her situation when she was hired. If an employee was hired for a specific period, but the employment contract has expired, she only needs to fill out an application directly for the extension of this agreement and, of course, attach a medical report that confirms the presence of pregnancy. Thus, the employer has the right to dismiss an employee only after the end of the period within a week when the employment contract is no longer relevant in relation to her.

Interestingly, there is only one case in which the dismissal of a pregnant woman may be legal. Thus, an employee can be dismissed if the conclusion of an employment contract with her was relevant only for the period of performance of the duties of an employee who was temporarily absent from the workplace. However, in such circumstances, the employer undertakes to offer the pregnant woman all vacancies that are available and suitable for her according to her position. In the absence of such, the dismissal of the employee is permissible.

Payment terms

After a pregnant woman presents a medical report on the need for her to perform light labor, the employer undertakes to exclude such conditions that can negatively affect the health and development of the fetus and the employee herself. It is important to add that in the event of a transfer to another job, the salary portion of such a woman’s salary may differ slightly and, most likely, not to her advantage. Light work for a pregnant woman has special payment conditions. So, the employer needs to act as follows:

• Then, when the salary formed through the staffing table at the new workplace is lower than the previous one, the difference is established as an allowance in order to make it possible to pay the full salary.
• Then, when the wages are higher at the new workplace, then in any case the full salary must be paid.
• Then, when the employee remains at the same workplace, subject to a reduction in workload, wages are paid in the amount of the average for the previous period of time.

It is worth adding that a pregnant woman has the right to express her own desire to work under the condition of part-time work or a week. This rule is enshrined in the legislation of the Russian Federation. In such a case, the employer undertakes to pay the employee in proportion to the hours worked. In addition, the employer's losses, which are, in one way or another, related to the payment of pregnant women, are written off to his own account. This means that the Social Insurance Fund has the right not to reimburse any expenses.

Then, when the working conditions of a woman in a position provide for some restrictions in terms of drafts, working posture, getting wet shoes and clothes, changes in atmospheric pressure, poor lighting, elevated temperature (more than thirty-five degrees), then she is given the absolute right to switch to a more easy work.

So, the first thing you need to do is contact the antenatal clinic to issue a medical certificate, and then submit this certificate directly to the employer. At the same time, you need to know that you do not need to negotiate with the employer. Such a transfer is not a gesture of goodwill, but nothing more than the direct responsibility of the employer. If the employer asserts the impossibility of the procedure and offers him to resign, the woman must understand: this is illegal and, accordingly, take appropriate measures to protect her rights.