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Certificate for light work due to health reasons. The procedure for transferring to light work

Find the right one workplace When choosing “light work” for a pregnant worker, it should be taken into account that she is prohibited from being in a room without natural light and ventilation. Activities involving wet clothes and shoes, drafts, carrying heavy objects, and work in a constant sitting or standing position are not allowed. Step 2. Offer a job and obtain consent Such an offer must be written and the employee must be familiarized with it and signed. The main thing in the proposed work is its compliance with sanitary and hygienic requirements and the absence of harmful factors. But matching positions is not at all necessary: ​​you need to offer both higher and lower positions. As for paying for such a transfer, the employee does not lose anything, but can gain. The point is the rule: she should not receive less than her basic salary for “easy” work.

What to do if there is no “easy labor” at the enterprise?

If an employee is suspended, he is not paid. Exceptions are made in cases provided for by this Code, other federal laws, employment contract, agreements, collective agreement. Cases of transfer to another job exceeding 4 months In the case where an employee, having a certificate of transfer to light work, requires a transfer to another job for a period exceeding 4 months or permanent, then if such a transfer is refused or if there is no suitable vacancy with the employer, the employment contract, according to paragraph.


8 hours 1 tbsp. 77 of the Code. With the heads of enterprises or organizations, representative offices, branches, with chief accountants and deputy managers, the employment contract is also terminated if such a transfer is refused, or if there is no suitable job, according to clause 8, part 1, art. 77 of the Code.

Certificate for light work due to health reasons. procedure for transferring to light work

Then the organization’s actions depend on the period for which, in accordance with the medical report, the employee needs to be transferred to another job. If an employee requires a temporary transfer for a period of up to four months, then suspend him from work for the entire period specified in the medical report.


At the same time, the employee must retain his place of work (position). Salary or other social benefits do not accrue for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example, clause


2 tbsp. 33 Law of March 30, 1999 No. 52-FZ). This is stated in Part 2 of Article 73 of the Labor Code of the Russian Federation. If an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if he refuses the vacancy (there are no vacancies in the organization), he must be dismissed (Part.
3 tbsp. 73 Labor Code of the Russian Federation).

When and to whom can light work be applied for for health reasons?

  • Transbaikal region
  • Ivanovo region
  • Ingushetia rep.
  • Irkutsk region
  • Kabardino-Balkarian Republic
  • Kaliningrad region
  • Kalmykia rep.
  • Kaluga region
  • Kamchatka region
  • Karachay-Cherkess Republic
  • Karelia rep.
  • Kemerovo region
  • Kirov region
  • Komi Rep.
  • Kostroma region
  • Krasnodar region
  • Krasnoyarsk region
  • Kurgan region
  • Kursk region
  • Leningrad region
  • Lipetsk region
  • Magadan region
  • Mari El rep.
  • Mordovia rep.
  • Moscow
  • Moscow region
  • Murmansk region
  • Nenets Aut.

Certificate for light work

Code, other federal laws, collective agreements, agreements, 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 .

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, it is terminated in accordance with paragraph 8 of part one of Article 77 of this Code.

What to do if an employee brings a certificate of transfer to easier work?

The basis for dismissal is clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation. Dismissal on this basis is aimed at protecting the health of the employee and is not considered a violation of his rights (decision of the Constitutional Court of the Russian Federation dated July 14, 2011 No.

O-O). A special procedure for dismissal in case of refusal of a vacancy (absence of vacancies in the organization) upon transfer to medical indications provided for managers, their deputies and chief accountants in Part 4 of Article 73 of the Labor Code of the Russian Federation. Even if the transfer period is less than four months, the organization has the right to dismiss such employees under clause 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.

However, with the written consent of the employee, the employment contract with him may not be terminated, but he may be suspended from work for a period determined by agreement of the parties.

What to do if they said at work that they don’t have easy work?

Attention

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. It is called “Hygienic recommendations for the rational employment of pregnant women.” Such an employee can change her job profile if her current workplace has the following negative conditions:
  1. Poor lighting.
  2. Spraying chemicals.
  3. Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting for a long time in an uncomfortable position, etc.).
  4. Availability emotional stress and nervous tension.
  5. The need for multiple business trips.

They issue pensions and accept utility bills read answers (1) Topic: Light work Not only do I have a certificate for light work from orthopedists, after ankle surgery, I’m also 12 weeks pregnant, light work refuses categorically, what should I do? read the answers (1) I’m pregnant for 8-9 weeks, I got a certificate for light work, I work in a pharmacy warehouse. I gave the certificate to the shift supervisor for light work, where the pay was lower and I didn’t write any application. read answers (1) My wife is 7 weeks pregnant, on August 24 she had an ultrasound to check for a heartbeat.
Everything is positive, but for some reason they are in no hurry to register and they told me to come back in 20 days. read answers (1) Topic: Easy work during pregnancy I’m in antenatal clinic issued a certificate for light work due to pregnancy. I work as a local pediatrician.
Ministry of Health and Social Development of the Russian Federation No. 441n dated May 2, 2012, approving the Issuance Procedure medical organization medical reports and certificates after an examination of a citizen, including a commission. Thus, this article determines which certificate for light work is issued to a particular employee. Grounds for removal from work It can be said that a properly executed conclusion issued by the attending physician can serve as a basis for transfer to a job that is not contraindicated for the employee, or become a reason for dismissal, in accordance with clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation in the absence of a corresponding vacancy.

What to do if a certificate for light work is given but there is no work

Therefore, on the last working day before this date, the employee must be returned to her legal permanent workplace - an appropriate order must be issued and the woman must be familiarized with it against her signature. What to do if there is no easy work? In this case, the employee must be suspended from work - from the moment the medical report is presented until the date of going on sick leave for pregnancy and childbirth.

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At the same time, she needs to pay average earnings for all this time. Yes, by the way, she should not be present at the workplace during this period.


What if the employee refused the vacancies presented to her? And in this case, the employee must be suspended from work with payment of average earnings. She cannot be fired: Article 73 of the Labor Code of the Russian Federation provides for such an action in connection with a refusal to transfer, but a pregnant woman has special guarantees, including a ban on dismissal.

In regulatory legislative documents There is no specific explanation for 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, 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 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 he will not adverse influence 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

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

The employer has the right to employ employees with disabilities in work after hours, on 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:

  1. 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).
  2. A written request from a worker in which he confirms his desire to change his working conditions.
  3. Additional agreement to the employment contract, the body of which states updated terms and conditions fulfillment of statutory obligations and the period of such transition.
  4. An order in a standardized form on the transition of a worker to another activity.
  5. 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 employee’s average salary wages. 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 the 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 an easier one is an injury received at work or the appearance of occupational disease, then the employer undertakes to maintain his average salary 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 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 the 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

Some categories of employees have the right to transfer to more light work due to their state of health. The basis for transfer is a medical report that was provided to the organization. This is a certificate for light work.

There are a number of rules for processing the transfer of an employee to easier work for medical reasons. However legislative acts do not have a specific definition for 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.

Reasons for transfer

There can be various reasons for transfer: pregnancy (a certificate for light work during pregnancy is issued), caring for a child under one and a half years old, work injury, serious illness or previous surgery. If the employer refuses to transfer the employee, this will be considered a violation of the law.

If an employee needs to be transferred to a lighter job (a certificate for light work for health reasons will confirm this), it means that he is not able to perform professional duties without performing actions that are contraindicated for him.

Transfer procedure

The transfer procedure is carried out with the consent of the employee in in writing in accordance with Article 73 of the Labor Code. This opportunity is especially relevant for representatives of blue-collar professions, drivers and workshop specialists, and others.

Article 73 of the Labor Code of the Russian Federation on the transfer of an employee to another job in connection with a medical opinion

An employee who needs to move to an easier job in medical communications. conclusion - a certificate for light work, issued in the manner established by 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.

There are several forms of providing a medical report:

  • The conclusion of the medical commission or the attending physician, issued in accordance with Federal Law No. 323-F3 of November 21, 2011, in which we're talking about on protecting the health of Russian citizens.
  • An ITU certificate and an individually developed program for the rehabilitation of a disabled person, which is issued by the medical and social examination bureau if the employee is recognized as disabled.
  • Rehabilitation program for an employee who suffered due to an accident at work and occupational illness.
  • Conclusion of a medical and preventive institution that conducts a medical examination of an employee in mandatory, which is defined in Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011, approving the list of dangerous and hazardous work and production factors, the implementation of which requires mandatory periodic and preliminary medical examinations and the Procedure for conducting periodic and preliminary mandatory medical examinations of employees who are engaged in heavy work or related to hazardous and/or harmful conditions labor.
  • Honey. a conclusion issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated May 2, 2012, approving the Procedure for issuing medical reports and certificates by a medical organization after conducting an examination of a citizen, including a commission.

Thus, this article determines which certificate for light work is issued to a particular employee.

Grounds for suspension from work

It can be said that a properly prepared conclusion issued by the attending physician can serve as a basis for transfer to a job that is not contraindicated for the employee, or become a reason for dismissal, in accordance with clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation in the absence of a corresponding vacancy.

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.

The exception is cases provided for by this Code, other federal laws, employment contracts, agreements, and collective agreements.

Cases of transfer to another job exceeding 4 months

In the case where an employee, with a certificate of transfer to light work, requires a transfer to another job for a period exceeding 4 months or permanently, then if such a transfer is refused or if the employer does not have a suitable vacancy, the employment contract is terminated, in accordance with clause 8 of Part. 1 tbsp. 77 of the Code.

The employment contract with the heads of enterprises or organizations, representative offices, branches, chief accountants and deputy managers is also terminated if such a transfer is refused, or if there is no suitable work, in accordance with clause 8 of Part 1 of Art. 77 of the Code. The employer also has the right, with the written consent of the employee, to suspend him from work for a period determined by agreement of the parties. The employee is not paid any salary during such a period of suspension. Exceptions are cases provided for by this Code, other federal laws, employment contracts, agreements, and collective agreements. Medical workers have a sample certificate for light work.

When to transfer for medical reasons

An employee is transferred according to a medical report in cases where he is unable to perform professional duties at his workplace for the reasons listed below:

  • receiving work-related injuries or injuries;
  • pregnancy;
  • injury or injury;
  • disability;
  • presence of diseases;
  • undergone operations.

For example, a production employee who has undergone back surgery has the right to demand that his duties be changed if he has a certificate for light work due to health reasons, in order to exclude negative impact on your back. A person who has injured his arm can also be transferred to another activity that allows him not to use injured limb and so on.

Certificate of light labor for pregnant women

Most often, pregnant women are transferred for medical reasons. There is a special set of rules that is aimed at determining professional conditions acceptable for this category of employees, namely hygienic recommendations for the rational employment of pregnant women.

A woman can be transferred if the following unfavorable conditions exist in her place:

  • work in night shift, overtime, etc.;
  • poor lighting;
  • frequent business trips, which during pregnancy can only be with the consent of the employee;
  • aerosol spraying;
  • emotional and nervous tension;
  • vibrations;
  • physical stress: sitting in an uncomfortable position, carrying heavy objects, standing for a long time, and so on.

Attracting disabled people to work

People with disabilities may be required to work on weekends and holidays, or to work overtime only with their consent, and if there is no harm to their health. Including, this category employees have the right to receive annual paid leave of at least 30 days or at their own expense for at least 60 days.

What documents do I need to provide for translation?

In order for an employee to be transferred to an easier job, he must complete the following documents:

  • Honey. a conclusion that the employee provides, and it confirms his right to transfer to light work, for example, pregnant women provide a certificate from a gynecologist with a specified period.
  • Statement from the employee in which he agrees in writing to the transfer. Add. agreement to the contract indicating the validity period and new conditions for the fulfillment of obligations.
  • Order on translation of the unified form.
  • Entry in a personal card and work book.

Design rules

How is an employee transferred to light duty? When preparing a transfer, it is important to take into account some points enshrined in law that determine for how long a certificate for light work is issued:

  • During the entire period while the manager decides on the issue of transferring the employee to light work in connection with medical reasons. In conclusion, the latter retains his average earnings. Also, a person may not perform the previous work in full if they are contraindicated for him due to his health condition.
  • 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 a work-related injury or the development of an occupational disease, the employee’s average earnings are retained until his recovery or the loss of his occupation is determined. legal capacity.
  • When an employee needs to transfer to light work for a period of up to 4 months, and the person refuses the options that are offered to him, or the employer cannot offer options for the transfer, then termination occurs employment contract. In this case, the employee is paid severance pay, which is equal to his average earnings for 2 weeks.
  • When an employee needs to switch to light work for a period of more than 4 months, and the person refuses the options that are offered to him, or the employer cannot offer options for the transfer, then the employment contract is terminated. In this case, the employee is paid severance pay, which is equal to his average earnings for 2 weeks.
  • After the expiration of the period for transfer to light work, which is specified in the add. agreement to the contract, the employee returns to his previous place of work.
  • If the period specified in the additional agreement has expired, and the employee remains in the place where he was transferred and does not object, then the period specified in the additional agreement. agreement becomes invalid, and the employee remains in the new place on a permanent basis.


Conclusion

So, we can conclude that if there is a medical certificate, some categories of employees can be transferred to light work. To carry out such a transfer, you need to prepare documents and comply with the conditions established by law.

If present constantly feeling unwell, which interferes with normal labor activity, then you might want to see a doctor.

We have looked at what a certificate for light work is.

24.10.2017, 17:32

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

Rules for transfer to another position

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

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

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

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

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

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

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

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

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

Registration of the transfer procedure

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

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

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

Remuneration scheme for a pregnant employee

The level of earnings after the transfer can:

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

The end of the period of easy labor

The period of tenure in a temporary position is limited to the time before the onset of insured event– going on maternity leave. The additional agreement terminates on the eve of leaving the vacation. Everything related to light work is automatically canceled for the employee from the date of opening of the sick leave.