Easy work in hazardous work. When and to whom can light work be applied for for health reasons?

Often pregnant employees, at their request, are transferred to easy work. 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):

– 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 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, are defined:

– 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 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 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 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 work

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 a 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 artificial increase in payments in the payroll period in order to increase the amount of benefits and try to deny the company reimbursement for maternity benefits.

Record of transfer of a pregnant employee to light work in her work book no need to enter. 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 average salary of a worker is calculated 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 of the Federal Law of July 24, 2009 N 212-FZ, Clauses 1 and 2 of Article 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.

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

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

Light work for health reasons is recommended for people with disabilities

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( ).

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

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

An employment contract with heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with paragraph 8 of part one of Article 77 of this Code.

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

Cases of transition to easier working conditions for medical reasons

Transfer to light work - for pregnant women

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

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

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

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

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

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

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

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

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

Including, this group of workers has grounds of no less than 30 calendar days which is paid, or unpaid leave of at least 60 days.

Required package of documents

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

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

The procedure for making the transition

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

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

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

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

Legislation establishes the possibility of preserving the health of the expectant mother and baby through labor protection. It consists in creating special working conditions for a pregnant woman that will contribute to a harmonious, healthy intrauterine development 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 means professional activity, which 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 the pregnant woman with suitable conditions labor, 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 break labor relations 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 high back, which must be adjustable 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 working week. 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 certain period, but the employment contract has ended, she just 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 earnings are set staffing table in the new job is lower than the previous one, the difference is set as an increase 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 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 lighter 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 goodwill, but the responsibility of the employer.

In the case where the employer claims that light work is impossible in this workplace and invites the employee to resign at 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.

If the employer refuses to provide easier working conditions and does not want to pay for the absence of a pregnant woman from work, the employee can defend her rights in court. A woman has the right to refuse to perform work if it threatens her health, and she must notify the employer in writing. After this, you should go to court.

The reality is that an employer is unlikely to be delighted with an employee’s pregnancy, much less with the obligation to provide her with more comfortable working conditions. It will be even more difficult for him to get used to the idea that if he refuses to transfer a pregnant worker to light work, she has the right not to go to work, and the employer will have to pay her the average wage. The main thing in this situation is to know your rights. A medical report and the labor code will help a woman defend them. The court will always take her side, since maintaining health expectant mother and the baby is a national task.

Useful video about the peculiarities of work of pregnant women

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Certificate for light work

The employee provided a certificate for light work. It is contraindicated to lift weights of more than 5 kg for 1 month. His job involves lifting at least 25 kg. There is no other job. What should we do?

How you should proceed is stated in Article 73 of the Labor Code of the Russian Federation: If an employee who, in accordance with a medical certificate, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have a corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.

What is the difference between a certificate of transfer to light work due to pregnancy and a medical report? The HR department said that the certificate only gives me the opportunity to shorten my working day and eliminate night shifts. And I have to be in the same hazardous room every day, because there are no other options.

Hello! 1. In accordance with Article 254 of the Labor Code of the Russian Federation, pregnant women, in accordance with a medical report and at their request, have production standards, service standards reduced, or such workers are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job. To make a transfer, the employee must submit a medical report in any form or in form N 084/u (clause 14 of the Appendix to the Order of the Ministry of Health and Social Development of Russia dated 02.05.2012 N 441 n, Order of the Ministry of Health of the USSR dated 04.10.1980 N 1030 "On approval of forms of primary medical documentation of healthcare institutions", Letter of the Ministry of Health and Social Development of Russia dated November 30, 2009 N 14-6/242888). Paragraph 2 of Article 254 of the Labor Code of the Russian Federation stipulates that before a pregnant woman is provided with another job that excludes the impact of unfavorable production factors, she is subject to release from work while maintaining the average earnings for all working days missed as a result at the expense of the employer. Thus, if you provide the employer with the appropriate application and medical report, the employer is obliged to transfer you to “light work” while maintaining the average earnings for your previous position. Perhaps, in this case, the HR department is being somewhat disingenuous, since, as I indicated above, a medical report is issued by a medical organization to a pregnant woman in any form or in form N 084/u. 2. According to clause 13.2 of the Sanitary and Epidemiological Rules and Standards "Hygienic requirements for personal electronic computers and organization of work. SanPiN 2.2.2/2.4.1340-03" (approved by the Chief State Sanitary Doctor of the Russian Federation on May 30, 2003) women with After pregnancy is established, they are transferred to work that does not involve the use of a PC, or their time of work with a PC is limited (no more than three hours per work shift), subject to compliance with the hygienic requirements provided for by sanitary rules. Please note that Article 254 of the Labor Code of the Russian Federation provides the following: Before a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer. That is, if your employer does not have a suitable position to transfer you to “light work,” then you are subject to release from work while maintaining your average earnings.

I’m pregnant, I should soon receive a doctor’s certificate about light labor and register. At work I want to give up additional work(they are not registered in the labor contract). But I already tried six months ago and was rejected. Now there is a good reason for this - pregnancy. But I know in advance that the manager will begin to put spokes in the wheels and will not allow this to be done. Can I record a conversation with an official without warning him about it, and send this recording to the court to confirm the violation of my rights? (If the situation does develop according to the worst-case scenario)

Good afternoon The best thing is to send the application to the employer in writing and stamped through a secretary or by registered mail. In this case, the employer will be obliged to provide you with an answer in writing, which you can safely provide in court.

You have the right to record an audio or video recording; this will be evidence in court or if you contact the labor inspectorate! You are not obligated to recycle unless a processing order has been issued against your signature and you are not paid for it. But this basically does not apply to your pregnancy! You have the right to contact the prosecutor's office, including with a complaint. The Labor Code of the Russian Federation stipulates that a pregnant woman, with the consent of her manager, can reduce her working day! But this is at the discretion of the employer and is not a violation.

If I’m pregnant, the hospital gives me a certificate for light work, but in the organization where I work there is no light work, maybe I should stay at home and they’ll hire a replacement person in my place. I work for three days.

Hello, dear site visitor, I don’t think that you will be put on maternity leave just like that. You will be offered a job as a cleaner, light work or otherwise. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

I’m pregnant, I’m going to apply for a certificate for light work. The specifics of the job are working only at the computer from 9 to 18 5/2. I know in advance that there is no position in the organization not related to computer work and it is unlikely that one will be created for me. Also, labor safety standards are not implemented (the complete absence of this point in the organization, employees did not leave a single familiarization, not a single sign anywhere), from this we can conclude that all SanPin norms on hygiene in general, on hygiene when working with computers and about hygiene for pregnant women. Knowing about all these violations, can I write an application for release from work before maternity leave while maintaining my average earnings immediately? Or is it better to do it step by step, first with a general application for transfer to another position, and then for release?

Hello! If an employee has submitted a medical report on the need to transfer her to another job due to pregnancy and has written a statement about this, then the employer is obliged to enter into an additional agreement with her to change the terms of the employment contract and issue an order for the transfer. If the employer does not have a suitable job to which a pregnant employee can be transferred, then before providing another job, she is exempt from performing her labor function in order to eliminate the impact of unfavorable production factors (Part 2 of Article 254 of the Labor Code of the Russian Federation). In accordance with Art. 76 of the Labor Code of the Russian Federation, the employer is obliged to remove from work (not allow to work) an employee if, in accordance with a medical report, contraindications are identified for the latter to perform work stipulated by the employment contract.

I was given a certificate for light work due to pregnancy. Pregnancy 13-14 weeks. I work at OA "Tander", Magnit store. Having called the office, they told me that this certificate is not prepared in any way and that everything that is written in it is at the discretion of the store director, if I agree, they said that even nothing is spelled out in the law. Is this true and what should I do?

Contact the commission on labor disputes, they will solve your issue. But you need to find out who you work for. In general, you can come and sit on a chair; I have no right to fire you. True, the wages will be paid as specified in the employment contract.

I'm pregnant, 5 months. They gave me a certificate of transfer to light work. I wrote a statement to the boss and attached a certificate. And in a statement she asked to be released from evening duty. At the same time, my working day will still remain 8 hours. To which they refused me, saying why should I be on duty like everyone else? And she intimidated me by depriving me of my bonus. Tell me, what are my actions?

Pregnant women should not be involved in work at night, but they can do it in the evening. Night - from 22.00 to 06.00. There is no other work, which means they must be released from work according to their position and paid the average salary up to the leave according to the BiR. You can complain about your employer to the labor inspectorate and the prosecutor's office. . Transfer to another job of pregnant women and women with children under the age of one and a half years Pregnant women, in accordance with a medical report and at their request, production standards, service standards are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from previous work. Until a pregnant woman is given another job that excludes exposure to unfavorable production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer. When pregnant women undergo mandatory medical examinations in medical organizations, they retain the average salary at their place of work. . Guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, night work, weekends and non-working holidays. Sending on business trips, involvement in overtime work, night work, weekends and non-working holidays is prohibited. pregnant women.

I was given a certificate of transfer to light work, tell me until how long should I work if the store is open from 10.00 to 20.00 in two shifts?

Hello dear visitor to the site, the work schedule is set by the employer, detailed consultation is paid.

Today, on the basis of a certificate from a gynecologist, I was denied light work, it is not available at the enterprise, and they offered me 11-hour shifts sitting at a computer, not a very comfortable chair, almost no lighting. What exactly does this mean? harmful factors? So what should I do?

What is needed is not a certificate, but a medical report.

Is the certificate issued for *light labor* advisory or mandatory for the employer?

Hello! In accordance with Article 254 of the Labor Code of the Russian Federation, pregnant women, in accordance with a medical report and at their request, have production standards and service standards reduced, or such workers are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job. To make a transfer, the employee must submit a medical report in any form or in form N 084/u (clause 14 of the Appendix to the Order of the Ministry of Health and Social Development of Russia dated 02.05.2012 N 441 n, Order of the Ministry of Health of the USSR dated 04.10.1980 N 1030 "On approval of forms of primary medical documentation of healthcare institutions", Letter of the Ministry of Health and Social Development of Russia dated November 30, 2009 N 14-6/242888). Paragraph 2 of Article 254 of the Labor Code of the Russian Federation stipulates that before a pregnant woman is provided with another job that excludes the impact of unfavorable production factors, she is subject to release from work while maintaining the average earnings for all working days missed as a result at the expense of the employer. Thus, if you provide the employer with the appropriate application and medical report, the employer is obliged to transfer you to “light work” while maintaining the average earnings for your previous position.

Where can I find a sample certificate of transfer to light work? The employer does not accept a standard certificate from antenatal clinic with the signatures of three doctors, because there is a link to the article and no restrictions on work are stated. The work involves being on your feet for 12 hours; most of the time is spent at the computer in the same position.

Hello, you can find any sample on the Internet and write everything yourself in any form, or seek help from lawyers on a paid basis who will compile everything correctly and correctly.

The employee brought a certificate of transfer to light work due to pregnancy, but the organization does not have light work for women. What can you offer?

Hello. You can shorten her working hours as an option. What is the employee's position?

I got sick at work. After treatment, the doctor gave me a certificate for light work. How to switch to light work and what the payment will be and for how long the payment will be.

Good afternoon. The transfer is carried out on the basis of your application and medical information. conclusions. In accordance with Art. 73 TK: An employee who needs to be transferred to another job in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts Russian Federation, with his written consent, the employer is obliged to transfer him to another job available to the employer that is not contraindicated for the employee due to health reasons. If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts. If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding job, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of this Code . An employment contract with heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with paragraph 8 of part one of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts. In accordance with Art. 182 TK: When transferring an employee who, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, needs another job, to another lower-paid job with a given employer, he retains the average earnings for his previous job for one month from the date of transfer, and in case of transfer due to a work injury, occupational disease or other work-related health damage - until permanent loss of professional ability to work is established or until the employee recovers.

I'm pregnant, I want to get a certificate for light work. I work in a call center, 9 hours at the computer every day, 5/2 from 10:00 to 19:00, everything seems to be according to the norms, can I get some relief from my superiors? I read that you can only use a computer for 3 hours a day, otherwise the employer must transfer you to another job, but we have a call center and all other vacancies also use a computer.

The employer must, based on the certificate, reduce the hours you work on the computer while maintaining your average earnings. Take a certificate, tell the medical center that you work 9 hours at a computer. Write a statement to the Employer referring to Article 254 of the Labor Code of the Russian Federation (Pregnant women, in accordance with a medical report and at their request, have production standards, service standards reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job)

I am pregnant, the clinic issued a certificate of transition to light work. But all that is written there is that they are exempt from night shifts and an 8-hour working day. The very wording of “transition to light labor” does not exist. I asked to register an exception for nervous or stressful situations. They refused, they said there is no such thing in TC. But at work there is the possibility of moving to a department where this will not happen. What to do?

Hello! You can try to independently submit a statement to the management, in which you reasonably ask to transfer you to a department where there are no unfavorable production factors, referring to Art. 254 Labor Code of the Russian Federation. Please attach a certificate from the clinic to your application.

Honey. the institution was written correctly. If YOU work for a manager who causes you constant stress, write an application to transfer you to another department. Another point is that stress can be various reasons. You need to understand what is going on with you in order to give further advice.

The employee provided a certificate for light work, but refuses it, and also refuses suspension. How to be.

Refusal on what grounds? Temporary transfer or permanent? If the transfer is permanent, then if he refuses the transfer or the employer does not have the corresponding work, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of this Code. If a temporary transfer (for a period of up to four months) and he refuses, or there is no corresponding work, then the employer is obliged to suspend the employee from work for the entire period with preservation of his place of work and without pay, except in cases provided for by this Code, other federal laws, or a collective agreement , agreements, employment contract ()

Should the doctor write down in the certificate for light work during pregnancy what the employee is not allowed to do or should the general wording “according to the Labor Code...” be sufficient?

Must. In essence, this is not a certificate, but a conclusion for a specific person, which indicates what harmful factors that are possible in a certain job, for a specific employee, should be excluded.

I have a certificate for light work, but I do hard work, what should I do? And the bosses know but don’t give me an easy job. Can I ask an organization for compensation for a violation of my rights without going to court?

It’s unlikely that it will work, you have a medical limitation. Contact the labor inspectorate, but most likely they will simply fire you due to the lack of other work in the organization.

I was given a certificate for light work for 3 months after hospitalization, is the employer obliged to pay for all 3 months?

An employee who needs to move to an easier job in medical communications. conclusion - a certificate for light work, issued in accordance with the procedure established federal law and other regulatory legal acts of Russia, with his written consent, the employer must transfer him to another job available to him, which is not contraindicated for the employee due to his state of health. If an employee, according to a medical report, needs to be transferred for some time (up to 4 months) to another job, refuses such a transfer, or the employer cannot provide the appropriate work, he is obliged to suspend the employee for the entire period specified in the certificate for easy work, while maintaining his position and place of work. If an employee is suspended, he is not paid.

I am pregnant, they gave me a certificate at the consultation. I work in a store, they transferred me to light work. Closed Saturday - Sunday. That's what the order says. Should I also go to work on holidays or not? Thank you.

Hello Elena! In this situation, you need to clarify this point with your employer. The main provisions are regulated by Articles 93 and 254 of the Labor Code of the Russian Federation. Check with your employer specifically if you plan to continue working after maternity leave. Good luck!

Hello. If the order specifies weekends as Saturday and Sunday, then holidays are not taken into account. Only days by order will be days off. The order must be issued on the basis of the submitted honey. conclusions.

The doctor issued me a certificate of transfer to light work on 08/10/18. The HR department at work refuses to transfer it on 11/02/18 because it was supposed to be transferred on 08/10/18. Is it really impossible to transfer using this one and do you need to go for a new certificate?

The HR department protected itself. The best option would be to take a new certificate dated November or write an explanatory note to the HR department indicating the reasons for receiving the certificate dated 08/10/2018 and providing it only on 11/02/2018. Attach to it an application for transfer to light work from 02.11., in which you indicate that you assume all risks for late provision of a certificate and an out-of-date translation.

I have this question. After the operation, I was given a certificate for light work for 6 months. The employer provided a lower-paid position and they say that they will pay only 1 month according to the average salary, and the remaining 5 months I will receive according to a new low-paid position! Is this true?

Hello, Andrey. Temporary transfer to another job for a period of up to one month without the consent of a specialist is allowed in three cases (Article 72.2 of the Labor Code): to prevent or eliminate the consequences of a catastrophe, accident, accident, natural disaster, etc., during downtime, in other words temporary suspension of work for reasons of an economic, technological, technical or organizational nature, if necessary to prevent destruction or damage to property, as well as to replace an employee whose absence is caused by emergency circumstances specified in the first case. The transferred specialist is remunerated according to the work performed, but not below the average earnings in his previous place. If new job requires lower qualifications - his written consent is required.

Pregnancy - great time. But this is not only joy. For a woman, this period is not only responsible, but also very difficult. The body is completely changing, constantly transforming. Often, pregnancy seriously affects a girl’s performance. If she is employed, then this situation will also affect the quality of work. Therefore, in Russia light work is provided for a pregnant woman. This measure is prescribed in Labor Code countries. But light work is far from the only opportunity given to pregnant women in terms of working activities. What rights does a woman have during such a crucial period? What does the Labor Code of the Russian Federation regulate?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level. Of course, we are talking about studying the Labor Code. But what specific articles of legislation should one refer to in order to understand all the peculiarities of the work of pregnant employees?

There are only a few labor standards. This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code. They indicate the basic rules and regulations that an employer must comply with if he employs a pregnant girl.

Production standards

To begin with, you should pay attention to the fact that pregnant women are people whose health is being undermined. The performance of such an employee will most likely decrease. And overvoltage is fraught negative consequences for the fetus. In Russia, established laws are designed to protect citizens. Especially pregnant women.

Therefore, the first rule that is provided for is that all employees who have received the status in question must work with changes in production standards. They should be reduced. To what extent? It all depends on the woman’s health condition. Often medical workers They give girls certificates with recommendations on this matter.

Unfavorable factors

The features don't end there. The point is that light labor for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that involves working in an unfavorable environment for subordinates, you will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, in a hazardous industry, the employer must find her a more suitable vacancy.

That is, the employee is transferred to light work. And this process is not necessarily accompanied by a decrease in load - you can change the nature of the work. Quite a common practice in Russia.

And earnings

The two points above have one huge feature. And both pregnant women and employers should know about it. After all, violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights have been violated can complain against her employer. To prevent this from happening, you will have to take into account all established norms for the assignment of light labor.

It's about making money. Typically, a lighter workload means lower pay. But not in the case of pregnant women. According to established rules, the salaries of such people cannot be reduced. Light work for a pregnant woman takes place, but at the same time the average earnings must be maintained.

In fact, being in an interesting position, a woman will work less and receive the same amount as she earned on average before. If the employer violates established rule, you can complain about it. You must refer to Article 254 of the Labor Code. It is here, in the first paragraph, that the average salary is preserved when transferring a pregnant woman to light work.

If there is no work

ABOUT following feature Few know. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that light labor for pregnant women is a mandatory measure. An employer does not have the right to refuse a girl in an interesting position to provide a vacancy and work that eliminates the occurrence of unfavorable production factors. That's not all important points, which has the transfer of a pregnant woman to light work. Payment for such work should not be reduced (only in some cases). But in this case, Article 254 of the Labor Code of the Russian Federation will no longer be in effect.

What to do if the company cannot at the moment offer your employee easy work? What does the Labor Code say? In this case, pregnant women are subject to suspension from work. And it is allowed to resume it only when the negative ones are eliminated and the transition to easy work occurs.

The key feature is that under such circumstances the salary of a pregnant girl cannot be cut. That is, the employee does not work, but receives the same earnings as when carrying out job responsibilities. Cash allocated from the employer's budget.

So, it is advisable for companies to find easy work for a pregnant woman quickly. Otherwise, on legal grounds, the employee has the right not to perform official duties. And despite this, you receive your salary in full.

Dispensary examination

Sometimes employed girls have to undergo medical examinations in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo a medical examination, the average salary for their position is maintained.

In other words, during a medical examination, no one has the right to fire a pregnant woman, nor to “cut” her salary. This feature must be taken into account in mandatory. True, we are only talking about mandatory medical examination. Not the most common occurrence, but it does happen.

Already given birth

The Labor Code of the Russian Federation provides for such easy work for pregnant women. Also, Article 254 of this code indicates some features of the work of those who arrived to perform official duties before born child less than a year and a half old.

This circumstance can also bring a lot of trouble to the employer. After all, at the request of the new mother, the employee will have to be transferred to another position that involves light labor. At the same time, the average salary for the job duties performed must be maintained. How long can a citizen work at an easy pace? Until the child turns 1.5 years old. Afterwards, the employer transfers the mother to a normal way of working, which does not provide any concessions.

Only upon request

What else do employers and subordinates need to know? The point is that a pregnant woman can be transferred to light work only upon the girl’s personal application. If this document has not been provided to management, you will have to perform job duties on an equal basis with everyone else. If the employer decides, on his own initiative, to transfer a subordinate to light work, then he has every right to “cut” her earnings. Or do not maintain the average salary for the employee when he is absent from the workplace.

But all this only applies when there is no application for light work. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decides to reduce her workload, all of the above features will not apply to her. An employee is considered an employee like everyone else.

When to contact

Pregnancy is a very long process. From 30 weeks interesting situation The employer generally must give his subordinate so-called maternity leave. Therefore, many are interested in how long light labor takes place.

This point is not specified in the law. In general, as soon as a woman finds out about pregnancy, she has the right to concessions when performing her official duties. The main thing is to provide a doctor's report as confirmation. On average, approximately a month to a month and a half after conceiving a baby, an employee has the opportunity to transfer to light work.

In practice, this phenomenon rarely occurs. Typically, a statement about reducing the workload when performing job duties is written closer to maternity leave. Then, when the body experiences maximum voltage. But even before, a woman had the right to light work. The only task is to obtain a medical certificate about pregnancy. Taking into account the fact that in Russia you can “think” about an abortion before the 12th week of an interesting situation, it is recommended that after this period you write an application for light work.

Part-time work

Everything said earlier is the content of just one. Often, all of the above measures are not applied by employees. Instead, Art. 93 Labor Code of the Russian Federation. What does it say?

This article is responsible for incomplete working hours. It is indicated that women in a position have the right to demand the establishment of part-time work or a shift when performing official duties.

Again, the request is considered only after a written request to the employer. They can refuse, but it is better not to do this. After all, employees often begin to ask not for a reduction in working hours, but for a transfer to light work.

How much will they pay

True, part-time work has its advantages for the employer. Average earnings will be maintained with light work. But if an employee asked for an incomplete shift, then her salary should be calculated in proportion to the work performed.

Either payment based on volume or time of work is considered. It all depends on the position held. Thus, a pregnant woman’s earnings may be lower. This is a huge advantage for the employer. Therefore, in practice, this is exactly the form of work that management offers to employees who are in an interesting position.

Impact on labor rights

How does part-time work affect citizens? According to established laws, no way. Transferring a pregnant woman to light work, as well as reducing the work shift according to established standards, should not affect the social package.

That is, vacation and sick leave, as well as everything else labor rights remain with the employee in full. If an employer tries to somehow infringe on a subordinate, you can complain against him. This is a direct violation of the legislation established in Russia. There is no need to be afraid - you should be able to defend your rights. Especially when it comes to vulnerable and weak pregnant women.

How does it actually turn out?

True, the situation in real life seriously different from the ideal. The Labor Code also states that it is impossible, at the initiative of the employer, to dismiss an employee who is in a position. And such personnel are prohibited from working at night.

But in reality, it turns out that the vast majority of women work full time before maternity leave, without being transferred to light work. And if the employer provides easier conditions for performing job duties, then most likely this will affect earnings - it will become lower.

Unscrupulous employers do this. In addition, sometimes women are simply forced to quit “of their own free will.” Only conscientious companies comply with all legal standards. Light work for a pregnant woman is the right of every pregnant woman. And it is up to the employees themselves to decide whether to implement this opportunity. Without a written statement, it can be considered that the subordinate did not express a desire to receive light work or to be assigned. Both the employer and the employees themselves should remember this.