Help easy labor how to get. How should medical documents be drawn up in order to transfer to light work? Who can count on easier working conditions
The basis can be industrial injury, surgery or serious illness, pregnancy, having a child under 1.5 years old.
An employer's refusal to provide such a benefit is a violation of the law.
The transfer of an employee to light work for health reasons means that a person will be able to perform his professional duties without performing actions that are contraindicated for him for health reasons.
The procedure is carried out with the written consent of the employee Art. 73 TK. Such an opportunity is especially relevant for representatives of working professions, shop specialists, drivers, etc.
Labor Code of the Russian Federation. Article 73. Transfer of an employee to another job in accordance with a medical report An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated to the employee for health reasons.
If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have the corresponding job, the employer is obliged to remove the employee from work for the entire period specified in the medical report while maintaining the place of work ( positions). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, and an 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 to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with clause 8 of part one of Article 77 of this Code .
An employment contract with the heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate job, is terminated in in accordance with paragraph 8 of the first part of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employees, except for the cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.
Cases of transfer for medical reasons
The transfer of an employee in accordance with a medical report is due to employees who cannot perform their professional duties in the same place the following reasons:
- Pregnancy.
- Disability.
- Transferred operations.
- The presence of diseases.
- Getting hurt or injured.
- Injury or injury at work.
For example, a worker in a manufacturing facility who has undergone back surgery may require a change of duties to avoid adverse effects on the back. Or a person who has injured his hand may be temporarily transferred to an activity that will allow him not to use the injured part of the body, etc.
Most often, the medical indication for translation is the pregnancy of women.
There is a special set of rules aimed at determining acceptable professional conditions for this category of employees - "Hygienic recommendations for the rational employment of pregnant women."
A woman can be transferred if there are the following unfavorable conditions:
- Bad light.
- Spraying aerosols.
- Vibrations.
- Physical stress (carrying weights, standing for a long time, sitting in an uncomfortable position, etc.).
- Nervous and emotional stress.
- Frequent business trips. You can send a pregnant employee on a business trip only at her request.
- Performance of duties at night and overtime, etc.
People with disabilities can be involved in overtime hours, in professional activities on holidays and weekends only with their consent and in the absence of harm to their health.
Documentation
To transfer a person to an easy form of activity the following documents are required:
- A medical report provided by the employee and confirming his right to be transferred to light work due to pregnancy in accordance with the labor code (certificate from a gynecologist indicating the period).
31.08.2019
Some citizens who conduct professional activities on an official basis may be transferred to light work due to health problems.
The main basis for the transfer is a document received from a medical institution and confirming the state of health.
The procedure for completing the entire procedure has a number of nuances.
What's happened?
In the Labor Code of the Russian Federation and other regulatory documents, there is no clear concept of light work.
However, under it, it is customary to accept the employee’s ability to transfer to another position, the conditions of which, from a medical point of view, are more comfortable for him.
In the process of carrying out labor activities of this type, several rules must be observed:
- During the performance of work, an organ that has been damaged due to an industrial injury should not be involved.
- During the performance of work, there should not be a negative impact on the general state of health (with a general illness).
- During the performance of work, there should not be a detrimental effect on the fetus and on the body of the expectant mother (in case).
When is a transfer possible under the Labor Code of the Russian Federation?
An employed citizen can be transferred to a position with more comfortable working conditions if several circumstances arise.
Among them are the following:
- injury (including industrial);
- the period of bearing a child;
- disability;
- transferring surgery;
- suffering from any disease.
For example, an employee has the right to contact a medical specialist with a request for provision if he has broken his arm.
In this case, the performance of their previous job duties becomes difficult until the end of the rehabilitation period.
For this period, an employee may be given work that does not involve the use of a damaged organ.
Pregnant girls can be transferred to other positions.
But on the condition that during the performance of this work they are under the influence of adverse factors that may affect their health and the health of the fetus.
These may serve as:
- insufficient level of lighting;
- physical exercise;
- regular business trips;
- overtime work;
- emotional and nervous tension.
After operation
After medical events, during which surgical intervention was carried out, the patient needs rehabilitation. In almost all cases, the operation involves a transfer to light labor.
In order to transfer to more comfortable and easier working conditions for health reasons, the employee must provide an appropriate document obtained from a medical institution.
Particular attention should be paid to the correctness of its execution, because in this case it is not a certificate that is required, but a medical opinion.
The duration of the recovery period depends on the specific situation. Upon presentation of special documentation, the employer is obliged to offer the employee a position corresponding to his state of health at the time of the provision of the medical report.
The transfer to light work in this case can be made only after obtaining the written consent of the employee.
If there are no suitable vacancies
If the employer cannot offer a suitable vacancy to a working citizen, or the employee refuses to transfer to another position, he is suspended from performing official duties for 4 months or for the time specified in the conclusion.
If after 4 months the situation does not change, the employment relationship between the employee and the management of the company may be terminated.
For 4 months, during which the employee does not work, his workplace is kept for him.
This does not include wages. An exception is the cases provided for by the Labor Code of the Russian Federation.
How is it arranged?
The procedure for transferring an employee to light work requires appropriate documentation.
The following papers are prepared in a certain sequence:
- Medical opinion. Acts as a basis for transfer and confirmation of health status. The reissuance process starts exactly after the employee provides the document of the specified sample. It indicates the reason why such a need arose and the length of the period during which the patient should work in more comfortable conditions.
- . In this case, it is a confirmation that the employee agrees to transfer to another position. Without this condition, the transfer cannot be made.
- Additional agreement. It is concluded between both parties of the employment relationship. The contract reflects a description of the conditions in which the employee will work and the time during which he will perform his duties in a temporary position.
- . Published by the employer. For registration, a unified form of the form is used.
No adjustments are made to the workbook. Instead, these changes are reflected in the employee's personal card.
The employee is also familiarized with the safety requirements. After studying the information, he puts his signature in the document intended for this. Before starting the performance of official duties, the employee is instructed.
In connection with her pregnancy, she filed an application for a transfer to another job, excluding the impact of adverse factors, with a demand to be released from work with the preservation of average earnings, with a medical opinion attached (to exclude lifting and carrying weights) before being given another job. The pregnant employee motivated her claims by the fact that the order to transfer the employer (without the consent of the employee) is illegal, since when an application is received from a pregnant employee, the employer is obliged to comply with the provisions on the transfer of employees to another job, which provide for a declarative procedure, obtaining the consent of the employee on the transfer to another job, notifying the employer of suitable vacancies, issuing an appropriate order.
What if there is no "easy work" in the enterprise?
Also, a person may not perform the previous work in full, if they are contraindicated for him due to his health.
- If we are talking about a pregnant woman, then her transfer must be completed before the end of the pregnancy period. For the entire period, she retains her average earnings, which she received in her previous position.
- If it is necessary to transfer to light work due to an industrial injury or the development of an occupational disease, the average salary of an employee is kept until he recovers or determines the loss of a professional. capacity.
- When an employee needs to switch to light work for up to 4 months, and the person at the same time refuses the options that are offered to him, or the employer cannot offer options for the transfer, then the employment contract is terminated.
Help for light work for health reasons. transfer to light work
- An ITU certificate and an individually developed program for the rehabilitation of a disabled person, which is issued by the medical examination bureau if the employee is recognized as disabled.
- Rehabilitation program for an employee who has been injured due to an accident at work and an occupational disease.
- The conclusion of the institution of the medical and preventive profile, which conducts a medical examination of an employee on a mandatory basis, which is defined in the Order of the Ministry of Health and Social Development of Russia No. and preliminary mandatory medical examinations of employees who are employed in heavy work or work associated with dangerous and (and) harmful working conditions.
When and to whom can I apply for light work for health reasons
Some categories of workers have the right to be transferred to lighter work due to their health condition. The basis for the transfer is a medical report that was provided to the organization. This is a reference to easy work. There are a number of rules for processing the transfer of an employee to an easier job for medical reasons.
However, legislation does not have a specific definition of light work. This concept implies the possibility of transferring an employee to some other job with more comfortable conditions for performing his professional duties due to a medical report. Grounds for transfer There can be various grounds for transfer: pregnancy (certificate for light work during pregnancy is issued), caring for a child under one and a half years old, work injury, serious illness or surgery.
All About Suspension: Don't Let Your Employer Fool You!
Labor Code of the Russian Federation for pregnant women, in accordance with a medical report and upon their application, the production rates, service rates are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job. Until 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 the average earnings for all missed working days as a result of this at the expense of the employer. Information portal of Rostrud "Onlineinspektsiya.RF", May 2014
Can an employer "forcibly" transfer a pregnant woman without her consent to another position, in pursuance of the requirements of Art. 254 of the Labor Code of the Russian Federation? For me, no.
Attention
How to pay in this case? Can rates be lowered? Is this form of transfer to light work legal? Answer Answer to the question: If an employee needs to be transferred to light work, and the organization does not have a suitable job (which he will be able to perform, taking into account qualifications and health), remove him from work for the entire two weeks. At the same time, the employee must retain his place of work (position). Do not accrue wages for this period, unless otherwise provided by the labor (collective) agreement or legislation.
According to part 2 of Art. 73 of the Labor Code of the Russian Federation, an employee is suspended from work if he needs a temporary transfer (up to four months), but refuses it or the employer does not have a suitable vacancy.
Sample suspension from work if there is no easy labor
If a circumstance is discovered that serves as a reason for preventing the employee from performing work duties, then it is recorded in writing. For this, a memorandum addressed to the head or an act is drawn up. They are signed by the compiler and witnesses. According to the general rules, the suspension is issued in the form of an order or instruction; a unified form has not been developed for them. The document is signed by the head of the organization. The order specifies:
- circumstances due to which such a need arose;
- the period for which the employee is suspended (if it can be determined) or the action (for example, undergoing a medical examination);
- if necessary - who will perform the duties of the suspended.
If it is necessary to promptly remove, for example, a drunk employee, a simplified procedure is used.
In this case, it is better not to officially dismiss the employee, but to stock up on all possible documents proving that the employer acted strictly according to the law (proposal to transfer to another job that meets all the requirements, an act of refusal to transfer, “nn” in the report card, etc. .d.). In addition, despite the fact that the dismissal under paragraph 8 of the first part of Art. 77 of the Labor Code of the Russian Federation does not apply to the ban on the dismissal of pregnant women at the initiative of the employer (Article 261), nevertheless, in fact, the courts can attribute it to the initiative of the employer, with all the ensuing consequences. In favor of the employee (dismissal of a pregnant woman under paragraph
8 of the first part of Art. 77 of the Labor Code of the Russian Federation) The practice on this issue is extremely poor, apparently, employers are still not fools, and they do not fire pregnant women on the indicated basis. There are no new solutions at all. If someone finds them, please write the details in the comments to the article.
Important
To make such a transfer, you need to draw up documents and comply with the conditions established by law. If you are constantly feeling unwell, which interferes with normal work activities, then it may be worth seeing a doctor. What is a certificate for light work, we examined.
- 04.07.2017
The rules for transferring to facilitated working conditions are regulated. It says that pregnant women, in accordance with a medical report and upon their application, must reduce the norms of production, service, or transfer them to another job where there are no harmful production factors. At the same time, the company is obliged to keep the woman's average earnings in her previous position. And if there is no suitable vacancy, a pregnant woman must be released from work while maintaining the average income for all days of release.
Is it harmful?
The first thing that employers need to determine is whether the work that the employee is currently doing is harmful or not. And, therefore, is it necessary to introduce facilitated working conditions. This will require the results of a special assessment of working conditions. If the class of working conditions is 3.1 and higher, then there are harmful factors that must be excluded.
But it is not always possible to "lean" on the results of a special assessment. A striking example of such a limitation is employees with traveling work, in respect of which an assessment is not necessary. And then companies have to act on their own. In order to avoid risks, I recommend that a pregnant employee meet halfway. If she says that traveling work is dangerous for her, or, for example, a medical representative is afraid to go to clinics for fear of viruses, it is better to exclude the "dangerous" type of activity - cancel traveling or provide office work.
Why is an application necessary?
If the company has received a medical certificate from the employee, and, taking into account the data of the special assessment, will introduce easier conditions for her, two documents must be prepared. The first is an additional agreement to the employment contract on changing the mode of operation, in which new conditions will be prescribed. In addition, another document is important - a statement on the provision of facilitated working conditions. It will confirm that the transfer is the desire of the employee, and not just the initiative of the employer. But if a woman does not write this document while pregnant, this indicates that she does not plan to be transferred to "light work", and the employer unilaterally does not have the right to change her conditions. This nuance is very important from the point of view of compliance, and inspectors will definitely request this document during verification. Such a transfer will be valid until the employee goes on maternity leave, but this nuance must be spelled out in an additional agreement before the introduction of light labor, and no documents need to be drawn up when it expires. The agreement will expire, and the employee will go on a long-awaited vacation.
Is it possible not to transfer to easy work?
Many employers do not even try to evaluate and analyze the requirements, but introduce "light work" to almost everyone who asks for it. Hence the dream of almost every pregnant employee that the company sends her home with an average salary due to the lack of "suitable" vacancies. And this happens quite often: a woman sits at home, receiving money, and the company temporarily loses a staff unit, but continues to bear the cost of her salary. Or he hires another employee to replace her, for example, under a fixed-term employment contract, while spending double the amount of money on wages.
However, translation is not always needed.
Let's analyze the situation with one of the BLS clients. A pregnant employee served as a medical representative and made visits to pharmacies and clinics. She brought a medical certificate of transfer to light work. But the employer questioned the need to change working conditions. His position was based on "", approved. The State Committee for Sanitary and Epidemiological Supervision of Russia on December 21, 1993, the Ministry of Health of Russia on December 23, 1993. According to this document, a pregnant woman should not walk more than two kilometers a day. Knowing the standard route from her plan, the company doubted that this limit was exceeded. A special commission was created, which measured the length of the employee's route and made sure that the norm was not violated. And taking into account the evaluation map of her workplace, it was concluded that her work was not hard. I will add that the employee then turned to the GIT with a complaint, but according to the results of the audit, the company's actions were recognized as correct.
In other words, if a company has good reason to doubt the need to transfer to easy work, it is definitely worth checking the work schedule and working conditions of a pregnant employee before agreeing to transfer her.
Computer work and remote work
There are at least two more conditions that cannot be a reason for transferring to light working conditions.
First, many employees ask to be transferred to light work based on the fact that they work at a computer, which they say is a dangerous factor. But it is not so. The harmfulness of such work can be determined only by the results of medical examinations. Their employer is obliged to carry out in accordance with and norms. But they are talking about cathode ray tube monitors, whereas now almost all workers have safer liquid crystal screens. And then only the special assessment, which I spoke about above, can determine the harmfulness of a computer. Today, perhaps, there are no such computers anymore, which by default are the reason for transferring to light work. This position was also confirmed by the Ministry of Labor of Russia in its own, indicating that personal computers with certificates of compliance with safety requirements are not a source of harmful production factors.
And secondly, you can “close” the issue by issuing an employment contract with employees on remote work (). In this case, there is no obligation to transfer the employee to light work, since she can work in any place convenient for the pregnant woman, for example, from home. But for such work it is necessary to conclude a separate form of contract. Naturally, this will require the termination of the current employment contract and the signing of a new one. But remote work is being introduced not only because there is no need to transfer to light work - this is just one of the advantages of the relevant contracts. In any case, it is necessary to enter "remoteness" in advance, and not at the time you receive a certificate from an employee. This is a serious project that requires serious time and labor costs. But employers should definitely think about it.
Modern women often do not tell their employers about their pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child. It states that a woman is entitled to light labor during pregnancy, the Labor Code. How long does it take to request a transfer? Will it change What to do if the employer cannot create the necessary conditions for easy work?
Labor Code of the Russian Federation: pregnancy, light work
Labor legislation does not contain a definition of the term "light work". However, it obliges all employers, if the employee has a certificate with a medical certificate, to reduce the production rate specifically for her or arrange a transfer to the appropriate position in order to exclude the influence of destructive factors of production. Light work refers to professional activities in which the worker spends less physical strength and is not exposed to the harmful effects of the environment.
The following categories of work are strictly prohibited for pregnant women:
- lifting various objects from the floor or above shoulder level,
- weight lifting,
- conveyor production,
- neuro-emotional stress,
- interaction with pathogens of various infections, diseases, harmful substances, infrared and UV radiation, radiation, vibration,
- work under pressure.
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 obligations
So, women are supposed to do light labor during pregnancy. The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother.
The main obligation of the employer is the timely transfer of the employee to light work. If the management of the enterprise is not immediately able to provide the employee with adequate ones and this will take some time, the woman is temporarily released from work. However, the employer is obliged to pay her for all days of absence from the workplace.
A woman has the right to take annual paid leave. Work experience doesn't matter here. This leave can be granted both before and after maternity leave.
Another obligation is placed on the employer by the Labor Code. Light work during pregnancy requires compliance with sanitary requirements. The employer does not have the right to dismiss a pregnant woman on her own initiative. However, if the contract has expired, it can be extended at the request of the employee.
Conditions
Since the Labor Code regulates light labor during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which the pregnant woman works should be sufficiently bright, dry, without drafts. Labor, as mentioned above, should not be accompanied by psycho-emotional stress. It is also forbidden 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, under 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 rules are still established by the Labor Code? Light work during pregnancy involves a reduction in production rates by 40%. If a woman is employed in the field of agriculture, she is completely exempted from these jobs. If the work is done in the office, a woman can work at a computer no more than 3 hours a day. Under the feet there should be special supports, and on the chair - headrests, armrests, seat height adjuster.
Features of light labor
Here are the main features of light labor during pregnancy:
- You can only be transferred to light work if you provide the opinion of the attending physician.
- A woman has the right to refuse to work at a computer.
- The Labor Code does not set time limits for light labor during pregnancy. How many hours can a pregnant employee work? At the request of a woman, she can be transferred to a shortened working week. Labor is paid in accordance with the hours worked, which does not affect the duration of the holidays.
- If the employer cannot provide adequate working conditions, the woman receives payment for the days of absenteeism.
- Full leave is provided without regard to seniority.
- The expectant mother may refuse to work at night, business trips, overtime hours, as well as work on weekends and holidays.
Transfer to light work during pregnancy: Labor Code
According to the first part, employers must reduce the production rates 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 an additional agreement to the contract with the employer.
Correct formatting of the translation
If you rely on the Labor Code, light labor during pregnancy is issued only with the consent of the employer and employee. The document is drawn up in writing. The employer acquaints the employee with the proposal to transfer under her signature. Upon receipt of consent to transfer to another position, a separate application is written.
Translation offer
Signing a job offer leads to the fact that not only the duties and working conditions of the employee change, but also the amount of earnings. According to article 254 of the Labor Code, its minimum size should be equal to the average earnings. Monthly, while the employee is transferred to light work, a comparison of wages is made in the accounting department.
After signing the job offer, an appropriate order is issued. The employee must be familiarized against signature not only with him, but also with the job description and other regulatory documentation. An entry in the work book is not required if the transfer is temporary.
Income tax and insurance premiums
Monthly deductions from the salary of a pregnant employee:
- income tax,
- insurance premiums.
At the same time, additional insurance premiums are charged for all payments.
Salary
Establishes the amount of wages for light work during pregnancy Labor Code. Payment for a pregnant employee is calculated based on and 922 of the Decree of the Government of the Russian Federation of December 24, 2007. Its size is set in accordance with the actual accrued wages and hours worked for the last 12 months that preceded the signing of the agreement. The basis is the average daily wage, which is calculated by dividing the total amount paid by the number of days of work. The average salary is determined by multiplying the daily rate by the number of days worked.
The medical report is issued in the antenatal clinic. You need to understand that it is not necessary to negotiate with the employer to change working conditions, since this step is his direct responsibility. If the management of the organization claims that there is no easy work for the employee, and offers to write a letter of resignation on her initiative, such actions are considered illegal. In accordance with the Labor Code, the employer, if it is impossible to provide appropriate conditions, is obliged to pay the employee forced time off. In case of refusal to provide light work and the mentioned payments, the rights of the employee can be defended in court.
Results
Finding an employer who would be delighted with the "interesting position" of their employees was not easy at all times, especially when it comes to a "private trader". However, there is a Labor Code. Easy work during pregnancy, according to this legal document, every expectant mother deserves. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this or must pay for days of forced time off for an employee. The basis for the transfer is the opinion of the doctor.
