Certificate for light work due to health reasons. The procedure for transferring to light work. What you need to know when transferring to light work for health reasons according to the Labor Code of the Russian Federation - registration and payment. What is the certificate for light work?

1. Is a certificate for light work due to pregnancy valid for all jobs?

1.1. The main responsibility of the employer is to transfer the pregnant employee to light work if she provides a medical report. If the employer cannot immediately provide a pregnant woman with suitable working conditions, and he needs time to resolve this issue, then she is released from work for this period, and the employer pays for all days the employee is absent from work. As soon as a woman presents a medical report indicating that she needs to perform lighter work, the employer is obliged to eliminate conditions that could adversely affect her health and the development of the fetus. When transferring to another job, the salary may differ and not always in a favorable direction for the employee. Light work during pregnancy has specific payment requirements.

The employer must do the following:

If the salary established by the staffing table for a new job is lower than the previous one, then the difference is set as an allowance and the full salary is paid;
if the salary at the new job is higher, then a new salary is paid;
if the employee remains at her previous job, but the workload is reduced, then earnings are paid in an amount not lower than the average for the previous period.
Also, a pregnant woman may express a desire to work part-time or a week. This right is reserved to her by law. In this case, the employer is obliged to pay her for her work in proportion to the time worked. All losses of the employer associated with the payment of pregnant women are borne by the employer himself. In this case, the FSS does not reimburse any expenses.

Pregnancy is a wonderful 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 the country's Labor Code. 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 overexertion is fraught with 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 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 the established rule, you can complain against him. You must refer to Article 254 of the Labor Code. It is here, in the first paragraph, that the average earnings are preserved when a pregnant woman is transferred to light work.

If there is no work

Little is known about the following feature. 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. These are not all the important aspects of transferring 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 if the company cannot currently offer an easy job to its employee? 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 a pregnant girl cannot be cut. That is, the employee does not work, but receives the same earnings as when performing her official duties. Funds are 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 without fail. 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 the born child was less than one and a half years 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 the 30th week of an interesting situation, the employer must generally 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. When the body experiences maximum stress. 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 part-time work. 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 all other 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, situations in real life are seriously different from the ideal. The Labor Code also states that it is impossible to dismiss an employee in a position at the initiative of the employer. 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 assumed 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.

There are a number of rules for processing the transfer of an employee to easier work 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.

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 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 due to 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 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 a medical commission or the attending physician, issued in accordance with Federal Law No. 323-F3 of November 21, 2011, which deals with the protection of 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.
The conclusion of a medical and preventive institution that conducts a mandatory medical examination of an employee, which is defined in Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011, which approves the list of dangerous and harmful 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 dangerous and/or harmful working conditions.
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 event that an employee, with a certificate of transfer to light work, needs to 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 eliminate the negative impact on his back. A person who has injured his arm can also be transferred to another type of activity that allows him not to use the 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 the 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:

working night shifts, overtime, etc.;
bad light;
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. In particular, this category of employees has 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 established by 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 switch 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 the employment contract is terminated. 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.
Upon 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 you constantly feel unwell and interfere with normal work activities, you may need to see a doctor.

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

In connection with her pregnancy, she submitted an application for transfer to another job that would exclude exposure to unfavorable factors, with a requirement, before being given another job, to be released from work while maintaining average earnings with the attachment of a medical report (exclude lifting and carrying heavy objects). The pregnant employee motivated her claims by the fact that the employer’s transfer order (without the employee’s consent) 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 the application procedure, obtaining the employee’s consent to the transfer for another job, notifying the employer about suitable vacancies, issuing an appropriate order.

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

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 switch 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 the employment contract is terminated.

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

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.
The conclusion of a medical and preventive institution that conducts a mandatory medical examination of an employee, which is defined in Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011, which approves the list of dangerous and harmful 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 dangerous and/or harmful working conditions.

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

Some categories of workers have the right to transfer to easier 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, 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. 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 surgery.

All about suspension from work: do not let your employer deceive you!

According to 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 these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job. Until a pregnant woman is provided with another job that excludes exposure to 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. Information portal of Rostrud "Onlineinspection.RF", May 2014.

An employer can “forcibly” transfer a pregnant woman without her consent to another position, in accordance with the requirements of Art. 254 Labor Code of the Russian Federation? For me, no.

Attention

How to make payment in this case? Is it possible to lower the standards? Is this form of transfer to light labor legal? Answer Answer to the question: If an employee needs to be transferred to light work, and the organization does not have suitable work (which he can perform, taking into account his qualifications and health), suspend 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 of removal from work if there is no light work

If a circumstance is discovered that serves as a reason for preventing an employee from performing work duties, it is recorded in writing. For this purpose, a memorandum or act is drawn up addressed to the manager. They are signed by the originator and witnesses. According to the general rules, removal is issued in the form of an order or regulation; a unified form has not been developed for them. The document is signed by the head of the organization. The order states:

the circumstances due to which such a need arose;
the period for which the employee is suspended (if this can be determined) or the action taken (for example, undergoing a medical examination);
if necessary, who will perform the duties of the suspended person.

If it is necessary to quickly remove, for example, a drunk employee, a simplified procedure is used.

In this case, it is better not to officially remove the employee, but to stock up on all possible documents proving that the employer acted strictly according to the law (a 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 dismissal under clause 8 of part one of Art. 77 of the Labor Code of the Russian Federation does not apply to the prohibition of dismissal of pregnant women on the initiative of the employer (Article 261), yet in fact, the courts can attribute it specifically to the initiative of the employer, with all the ensuing consequences. In favor of the employee (dismissal of a pregnant woman under clause.

8 parts of the first art. 77 of the Labor Code of the Russian Federation) Practice on this issue is extremely scarce; apparently, employers are not fools and do not fire pregnant women on this basis. There are no fresh solutions at all. If anyone finds them, please write the details in the comments to the article.

Important

To carry out such a transfer, you need to prepare documents and comply with the conditions established by law. If you constantly feel unwell and interfere with normal work activities, you may need to see a doctor. We have looked at what a certificate for light work is.

04.07.2017

Find a suitable workplace When choosing “light work” for a pregnant worker, you should take 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. 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 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. 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.

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). Do not accrue wages or other social benefits 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 Krai
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 .

An employment contract with the heads of organizations (branches, representative offices or other separate structural units), 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.

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 for medical reasons is 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 can not be terminated, but he can 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:

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.

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, the management categorically refuses light work, what should I do? read answers (1) I’m 8-9 weeks pregnant, I got a certificate for light work and 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: Light labor for pregnancy I was given a certificate for light labor for pregnancy at the antenatal clinic. I work as a local pediatrician.
Ministry of Health and Social Development of the Russian Federation No. 441n dated May 2, 2012, approving the Procedure for the issuance of medical reports and certificates by a medical organization 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.

Info

At the same time, she needs to pay the average salary 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.