What does a certificate for light work provide? Certificate for light work due to health reasons. The procedure for transferring to light work

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 prepare 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):

– or reduce its production (service) standards;

– or transfer her to another job that excludes exposure to adverse production factors, while maintaining the average earnings from the previous job.

It is not always possible to immediately transfer a pregnant employee to another job. In this case, the employer will have to:

– release her from work;

- pay her the average salary for all working days missed due to release.

This procedure is established in Part 2 of Art. 254 of the Labor Code and paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation 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 dangerous production factors, the employer must issue an order to release 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).

Question. Where are the requirements for working conditions for pregnant employees listed?

Answer. In Sect. 4 of the Sanitary Rules and Standards “Hygienic Requirements for Working Conditions for Women” SanPiN 2.2.0.555-96, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 N 32, defines:

– work from which pregnant workers must be exempted;

– criteria for their optimal workload;

– requirements for technological operations, equipment and workplaces where the labor of pregnant employees can be used.

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, presented the employer with a medical report and an application for transfer to light work due to pregnancy.

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).

Sample 1

Order on release from work

In the work time sheet according to the unified form N 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 numeric “34” (sample 2).

Sample 2

Fragment of a time sheet for December 2014


1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	X
16	17	18	19	20	21	22	23	24	25	26	27	28	29	30	31

I	I	I	I	I	IN	IN	I	I	I	I	I	IN	IN	I	X
8	8	8	8	8			8	8	8	8	8			8
I	I	I	I	IN	IN	BUT	BUT	BUT	BUT	BUT	IN	IN	BUT	BUT	BUT
8	8	8	8

Note. The unified form N T-12 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1.

How to correctly 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 the pregnant employee a written offer to transfer to light work. The employee must be familiarized with it against signature.

Agreement with the translation

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).

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 in 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. Article 254 of 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 while it lasts light work, 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’ll 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, presented the employer with 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.

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.

Solution. 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 the employment contract

Based on the additional agreement, the employer issues an order for temporary transfer. He can use the unified form N T-5 or a self-developed form.

Note. The unified form N T-5 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1.

Using the unified Form N T-5 is not entirely convenient; it contains lines for indicating the tariff rate (salary) for a 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 on p. 100).

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 a new position;

– other local regulations related to work in a new position.

In the work time sheet according to the unified form N T-12 or a form developed by the company, the period of transfer to light labor will be marked with the letter code “I” or the digital “01” (sample 6 on p. 101).

Sample 6

Fragment of a time sheet for January 2015

Notes on attendance and absence from work by day of the month
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	X
16	17	18	19	20	21	22	23	24	25	26	27	28	29	30	31

IN	IN	IN	IN	IN	IN	IN	IN	IN	IN	IN	I	I	I	I	X
											8	8	8	8
I	IN	IN	I	I	I	I	I	IN	IN	R	R	R	R	R	IN
8			8	8	8	8	8			8	8	8	8	8

A record of transfer to light labor must be made in section. III “Hiring and transfers to another job” of the employee’s personal card in form N T-2 (sample 7 on p. 101). The employee must be familiarized with the recording against signature.

Sample 7

Section III of the personal card

“Hiring and transfers to another job”

Date	Structural unit	Position (specialty, profession), rank, class (category) of qualifications	Tariff rate (salary), bonus, rub.	Base	Personal signature of the owner of the work book
18.03.2013	Research laboratory	Test engineer 3rd category	27 800	Order dated March 18, 2013 N 16/13-td	Akulova
12.01.2015	Certification department	Specialist	26,500, but not lower than the average salary for the position of test engineer of the 3rd category	Order dated December 29, 2014 N 187-ls	Akulova

Note. The unified form N T-2 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1.

Note. 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.

There is no need to make an entry about the transfer of a pregnant employee to light work in her work book. Only information about permanent transfers is entered (Part 4 of Article 66 of the Labor Code of the Russian Federation).

An employee goes on maternity leave

On the last day before maternity leave, the transfer of a pregnant employee to light work ends, as the additional agreement expires.

No additional documents are required to complete the transfer and return the employee to work in her previous position.

How to calculate average earnings

The average salary retained by a pregnant employee is calculated in accordance with Art. 139 of the Labor Code and the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922 (hereinafter referred to as the Regulations on Average Earnings).

The calculation of the average salary of a worker is made from the salary actually accrued to her and the time actually worked for the 12 calendar months preceding the period during which her average salary will be retained (parts 2 and 3 of article 139 of the Labor Code of the Russian Federation, clauses 2 and 4 Regulations on average earnings).

When determining average earnings, average daily earnings are used (clause 9 of the Regulations on Average Earnings). It is calculated by dividing the amount of wages actually accrued for days worked in the pay period by the number of days actually worked during this period.

Average earnings are determined by multiplying the average daily earnings by the number of calendar (working) days in the paid period (clause 9 of the Regulations on Average Earnings).

Example 3. Calculation of average earnings

Let’s continue examples 1 and 2. Employee of PJSC “Ocean” E.M. Akulova, a test engineer of the 3rd category, on December 22, 2014, presented the employer with 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. Calculation period from December 1, 2013 to November 30, 2014 E.M. Akulova worked in full - 246 working days.

For each month of the billing period, the employee was accrued a salary in the amount of salary - 27,800 rubles. In December 2014, the employee was awarded a bonus based on the results of work for 2014 in the amount of 15,000 rubles.

From January 12, 2015, the employee, with her consent, was transferred to light work. The salary for the new position is 26,500 rubles.

It is necessary to calculate the payment for the time of release from work in December 2014 and for the days worked after transfer to light work in January 2015, if it is known that the employee went on maternity leave from January 26, 2015.

Solution. Payment for time off from work

In total, during the billing period, the employee was accrued 333,600 rubles. (RUB 27,800 x 12 months).

Average daily earnings of E.M. Akulova is equal to 1356.1 rubles. (RUB 333,600: 246 work days).

In December 2014, the period of release from work was 8 working days (from December 22 to 26 and from December 29 to 31). The employee needs to pay it in the amount of average earnings.

The average salary retained by the employee for 8 working days in December 2014 will be 10,848.8 rubles. (RUB 1,356.1 x 8 working days).

Pay for light work. On January 12, 2015, an additional agreement to the employment contract was concluded with the employee on transfer to light work. The transfer is formalized by order.

Calculate average daily earnings to make comparisons. The salary for the previous position is 27,800 rubles. per month. For the new position, the monthly salary is lower and amounts to 26,500 rubles.

Let's calculate the employee's salary based on the salary for the new position for one day worked in January 2015. It is equal to 1766.67 rubles. (RUB 26,500: 15 working days).

The calculation period for determining average earnings will be the period from January 1 to December 31, 2014.

In December, the employee received wages for 15 working days of December in the amount of 18,130.44 rubles. (RUB 27,800: 23 working days x 15 working days).

The amount of accounting payments for the billing period to the employee amounted to RUB 338,930.44. (RUB 27,800 x 11 months + RUB 18,130.44 + RUB 15,000). The amount of 10,848.8 rubles accrued during the period of release from work is not taken into account.

Average daily earnings of E.M. Akulova’s previous work equals 1,418.12 rubles. (RUB 338,930.44: 239 work days). This value turned out to be less than the earnings for one day of work in a new position in January 2015 (RUB 1,766.67 > RUB 1,418.12).

The employee should be paid wages for days worked in January 2015, based on the salary for the new position.

Salary for days worked in January. For the time worked, the employee needs to be credited 17,666.67 rubles. (RUB 1,766.67 x 10 working days), where 10 working days is the number of days worked from January 12 to January 25, 2015 (since January 26, the employee has been on maternity leave).

Personal income tax and insurance premiums

If, however, a worker transferred to light work is paid a salary based on the average earnings in her previous job, it should be taken into account that such a payment is subject to:

– Personal income tax. The company withholds tax at the time of payment of income (clause 4 of article 226 of the Tax Code of the Russian Federation);

– insurance contributions to the Pension Fund of the Russian Federation, the Federal Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund (Clause 1, Article 7 Federal Law dated July 24, 2009 N 212-FZ, paragraphs 1 and 2 of Art. 20.1 of the Federal Law of July 24, 1998 N 125-FZ).

Before the transfer, a pregnant employee can be employed in the types of work listed in paragraphs. 1 – 18 hours 1 tbsp. 30 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”.

If an employer transfers a pregnant employee, based on a medical report, to a job that excludes exposure to adverse production factors, such work is equivalent to the work preceding the transfer (clause 12 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 N 516).

In this case, the average salary retained by the employee and other payments in her favor during the period of release from work or transfer to light work must be calculated insurance premiums at additional tariffs (clause 12 of the Letter of the Pension Fund of Russia dated December 30, 2013 N NP-30-26/20622 and clause 7 of the Letter of the Ministry of Labor of Russia dated June 5, 2013 N 17-3/10/2-3105).

Note. How to take into account accruals for the period of release from work and transfer to light work in the next calculation of average earnings

The time an employee is released from work while maintaining average earnings in subsequent calculations, in accordance with the Labor Code, is not taken into account (clause “a”, paragraph 5 of the Regulations on Average Earnings). The time worked by the employee during the period of transfer to light work and paid in an amount not lower than the average earnings for her previous job will in the future be taken into account when calculating the average earnings for other cases of its calculation, as well as accruals for this time.

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 work means work associated with a reduction in 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 proper quality work performed.

Reasons for switching to light work

If a pregnant woman works in production, where there is unfavorable conditions– she has every right to 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;
be nervous;
work with pathogens;
touch harmful substances and poisons;
squatting and kneeling;
work in drafts and hot weather.

Also, a pregnant woman is exempt from business trips and night work. She 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.

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

Reduce its maintenance rate;
Reduce the production rate;
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, they do not make an entry in 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, to terminate employment contract You can’t do this with a pregnant employee.

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 empowers them to assert them.

If a woman refuses light work during pregnancy, the employer cannot fire her for reasons disciplinary action. 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:

At a new workplace, the salary may be higher than the average salary that she received in her previous position, so it is necessary to indicate the salary at the new job in an additional agreement;
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;
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 suitable place, then he is obliged to temporarily release the pregnant woman from her duties and maintain her average earnings. The manager is also obliged to:

comply with sanitary standards for a pregnant employee in 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?

If the boss does not agree to provide a woman with another job during pregnancy, the employee can complain to the State Labor Inspectorate;
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;
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 an expectant mother will be punished 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.

24.10.2017, 17:32

The period of bearing a child becomes the basis for providing a woman with a place to work without the harmful effects of external factors. Light labor for pregnant women, the features of its application in practice are described in Article 254 of the Labor Code of the Russian Federation. The law establishes a list of documentation required to transfer an employee to a workplace with improved working conditions. What is light work? How many hours a day can you work with light work? From what period is light labor allowed during pregnancy? Let's figure it out.

Rules for transfer to another position

In order to realize the desire of an employee during pregnancy to transfer to another department or to another position to reduce the load on the body, she presents:

an application for light work during pregnancy, a sample of which can be provided by the enterprise’s human resources department;
medical report.

In the absence of one of the documents, a pregnant employee will not be able to have a significant influence on the employer. To the manager to implement the idea of transferring to another position (sometimes new responsibilities do not correspond to the direction vocational training) you need grounds recorded on paper.

Contents of the concept of easy labor for pregnant women Labor Code with a piece-rate wage system, it reveals both a reduction in standard output and a reduction in the standard number of clients served. If it is impossible to provide work with an individual procedure for calculating optimal output, transfer to other positions is practiced. The relevance of such a measure increases when women work at production facilities with hazardous working conditions.

The conditions for transfer to light work are substantiated in a medical report. It is necessary to comply with a number of requirements for the new workplace:

physical activity should be moderate;
exposure to biological and chemicals and their active elements cannot harm the body of a pregnant woman, the level of their influence must be minimized;
light labor during pregnancy cannot be carried out in premises without access to fresh air and a source of natural light.

Separately, the issue of the need to interact with computer technology is considered. If possible, working with a computer is excluded from the daily list of responsibilities of a pregnant woman and is replaced with other types of tasks. Light work for pregnant women - how many hours can work with a computer last? Maximum period of contact with harmful radiation from office equipment is equal to 3 hours a day.

At the legislative level, the exact timing of transfer to another position for pregnant employees is not specified. In practice, the employer must immediately respond to the employee’s statement and offer her everything possible options solving the problem. The Labor Code of the Russian Federation guarantees light work for pregnant women, but subject to the availability of such an opportunity from the employer. If there are no available positions with easier working conditions, the manager may remove the employee from work.

In cases of removal from work due to current working conditions not meeting the minimum acceptable level during pregnancy, the woman retains her average salary. It is paid from the employer's funds. To implement such a measure, an order must be issued.

Registration of the transfer procedure

When the employer and employee agree on what light work means for pregnant women, they agree on a suitable temporary position. At the next stage, a written agreement is drawn up between the parties indicating the new job function and the validity period of the document. A separate block in the contract specifies the changed wage system.

In accordance with the content of the agreement between the parties, the manager issues an order for the transfer on a temporary basis. An additional document that serves as the basis for drawing up the order is a certificate of transfer to light work for the pregnant woman. For the order, a unified T-5 form or a document format individually developed at the enterprise is used.

Entries about temporary transfers are not made in the work book; a forced transfer to another position will not affect the contents of the entries in the work record. The updated information is entered into payroll slips. A certificate of transfer to light work can be indicated in the employee’s personal card (section 3).

Remuneration scheme for a pregnant employee

The level of earnings after the transfer can:

Equal to the average salary - if the new salary, taking into account bonuses, is lower than the previous one.
Correspond to current production with equal earnings for both positions.
How is light work paid if the salary in the new place is higher - based on earnings at the new place of work.

The end of the period of easy labor

The period of stay in a temporary position is limited to the time before the occurrence of an insured event - going on maternity leave. The additional agreement terminates on the eve of leaving the vacation. Everything related to easy work, for an employee is canceled automatically from the date the sick leave is opened.

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 health expectant mother and a 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 necessary conditions for light 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 labor means professional activity, in which the employee 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 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 conditions industrial production Assembly, packaging and sorting operations need to 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 the field agriculture, she is completely exempt from these works. 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:

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

Transfer to light work during pregnancy: Labor Code

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

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

Correct translation format

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

Transfer proposal

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

After signing the job offer, a corresponding order is issued. The employee must be familiarized with her signature not only with it, but also with the job description and other regulatory documentation. Sign up for work book 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 set in accordance with the actually accrued wages and time 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.

The medical certificate is issued in 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.