When and to whom can light work be applied for for health reasons? 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 If the enterprise cannot provide light work

The rules for transferring to easier working conditions are regulated by. It states that pregnant women, in accordance with a medical report and at their request, need to reduce production and service standards or transfer them to another job where there are no harmful production factors. At the same time, the company is obliged to maintain the woman’s average salary for her previous position. And if there is no suitable vacancy, the pregnant woman must be released from work while maintaining the average income for all days of release.

Is it harmful?

The first thing employers need to determine is whether the work the employee is currently doing is harmful or not. And, therefore, is it necessary to introduce easier working conditions? This will require the results of a special assessment of working conditions. If the class of working conditions is 3.1 or higher, then there are harmful factors that must be excluded.

But it is not always possible to “rely” on the results of a special assessment. A striking example of such a restriction is traveling employees, for whom assessments do not need to be carried out. And then companies have to act at their own discretion. To avoid risks, I recommend meeting the pregnant employee 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 a “dangerous” type of activity - cancel traveling or provide office work.

Why is an application necessary?

If the company has received a medical report from the employee and, taking into account the data of the special assessment, will introduce easier conditions for her, it is necessary to prepare two documents. The first is an additional agreement to the employment contract on changing the working hours, which will spell out new conditions. In addition, another document is important - an application for the provision of easier working conditions. It is this that 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 transfer to “light labor,” and the employer does not unilaterally 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 the inspection. Such a transfer will be valid until the employee goes on maternity leave, but this nuance must be specified in the additional agreement before the introduction of light work, and no documents need to be drawn up when its validity period expires. The agreement will expire, and the employee will go on a long-awaited vacation.

Is it possible not to transfer to light labor?

Many employers do not even try to evaluate and analyze requirements, but introduce “light work” to almost everyone who asks for it. Hence the dream of almost every pregnant employee that the company would send her home while maintaining her average salary due to the lack of “suitable” vacancies. And this often happens: a woman sits at home, receiving money, and the company temporarily loses a staff member, 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 necessary.

Let's look at the situation of one of BLS's clients. The pregnant employee served as a medical representative and made visits to pharmacies and clinics. She brought a medical certificate confirming her transfer to light work. But the employer doubted the need to change working conditions. His position was based on "", approved. State Committee for Sanitary and Epidemiological Surveillance of Russia on December 21, 1993, Ministry of Health of Russia on December 23, 1993. According to this document, a pregnant woman should not walk more than two kilometers per day. Knowing the standard route from its plan, the company doubted that this limit had been exceeded. A special commission was created that measured the length of the employee’s route and made sure that the norm was not violated. And taking into account the assessment card of her workplace, it was concluded that her work was not hard. I would like to add that the employee then filed a complaint with the State Tax Inspectorate, but based on the results of the inspection, the company’s actions were found to be correct.

In other words, if the company has good reasons to doubt the need to transfer to light work, it is definitely worth checking the working hours and working conditions of the pregnant employee before agreeing to her transfer.

Computer work and remote work

There are at least two more conditions that cannot be a reason for transferring to easier working conditions.

Firstly, many employees ask to be transferred to light duty based on the fact that they work on a computer, which, according to them, is a dangerous factor. But it is not so. The harmfulness of such work can only be determined by the results of medical examinations. The employer is obliged to carry them out in accordance with the standards. But we are talking about cathode ray tube monitors, whereas now almost all workers have safer LCD screens. And then the harmfulness of the computer can only be determined by the special assessment that I mentioned above. Today, perhaps, there are no longer such computers, which by default are the reason for transferring to light work. This position was confirmed by the Russian Ministry of Labor in its statement, 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 drawing up an employment contract with your 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 a pregnant woman, for example, from home. But for such work it is necessary to conclude a separate form of agreement. Naturally, this will require terminating the current employment contract and signing 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 “distance” in advance, and not when you receive a certificate from an employee. This is a serious project that requires serious time and labor. But employers should definitely think about this.

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.

Legislation establishes the possibility of preserving the health of the expectant mother and baby through labor protection. It consists of creating special working conditions for a pregnant woman that will contribute to the harmonious, healthy intrauterine development of the fetus. The Labor Code grants the expectant mother not only the right to light work during pregnancy, but also certain financial guarantees, as well as preservation of her job.

Today, women often do not inform their employer about pregnancy for fear of losing their job. But the conditions in which she works can be unfavorable for the development of the fetus and harm its health. Therefore, every woman should understand what light work is during pregnancy, how it is paid, and what to do if the employer does not provide such conditions?

The Labor Code does not contain a clear definition of “light work during pregnancy.” But the employer’s obligation, in the presence of a medical certificate, is legislated to reduce production standards or transfer the woman to easier work that excludes the influence of harmful production factors. At the same time, the average earnings of the worker should be retained.

Light work implies professional activity that requires less physical effort and does not have an adverse effect on the development of the fetus.

A pregnant woman should not perform work related to:

A woman can exercise her legal right to transfer to light work only after providing the employer with a medical report. Without this certificate, the employer is not obliged to change the working conditions.

Rights and obligations

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.

A pregnant woman has the right to full annual paid leave. In this case, it does not matter at all how long the woman worked at the enterprise. Such leave is granted at the request of the employee either before maternity leave or immediately after it.

It is the employer's responsibility to comply with sanitary standards in the pregnant woman's workplace. In addition, the legislation guarantees its preservation for the woman in the position. The employer cannot terminate the employment relationship with her on his own initiative. If the term of the employment contract has come to an end, then, at the request of the employee, the employer is obliged to extend the agreement.

Conditions

The work of a pregnant woman, regardless of what field she works in, must meet the conditions specified by law. So, in industry, if the activity is related to assembly, sorting, packaging, operations must be automated. At the same time, the employer is obliged to take care of sufficient lighting in the room to prevent eye strain. Light work during pregnancy should completely eliminate increased emotional stress.

A pregnant woman should not work in a draft, with wet clothes and shoes, or with sudden changes in pressure. It should not be exposed to harmful chemicals, aerosols, vibration or ultrasound. During pregnancy, a woman is strictly prohibited from engaging in activities related to pathogens.

The employer is obliged to provide such working conditions that will eliminate the need for an employee to constantly remain in the same position during pregnancy (constantly sitting or constantly walking is prohibited). Also, work cannot be performed in a squatting, kneeling, bending position, or focusing on the stomach or chest.

The professional duties of a pregnant employee cannot be associated with lifting objects from the floor, above shoulder level, or straining the abdominal muscles. A pregnant woman can lift weights (no more than 2.5 kg) no more than 2 times per hour. If such frequency cannot be observed due to technological conditions, then the weight is reduced by half. But within an hour the total weight can be no more than 6 kg. In general, the weight of the load during a shift should not exceed 48 kg.

When performing piecework work, the production rate is reduced by 40%. However, pay for light work during pregnancy is not reduced. If a woman works in agriculture, then during pregnancy she is exempt from work related to livestock and crop production. Moreover, this applies from the first day of confirmation of pregnancy.

Working conditions in the office imply the right of a woman not to work with computers. If this is not possible, then work time should be reduced to 3 hours a day. For women, there is a corrugated footrest and a chair that meets special parameters: rotating, with a headrest, armrests and a high back, which must be adjusted in height.

Peculiarities of work of pregnant women

Features of the work of a pregnant woman include:

The right to switch to light work with a medical certificate.
The right to refuse to work at a computer.
Possibility of switching to part-time work. Payment is made in proportion to the time worked; the duration of vacation is not affected by the work schedule.
The right to receive payment for days of forced absence if the employer cannot immediately provide her with the required working conditions.
Receiving full leave regardless of length of service at the enterprise.
The right to refuse business trips, not to work night shifts, not to work overtime, on weekends and holidays.

A pregnant woman cannot be fired at the initiative of the employer, even if the woman did not inform him of her situation when she was hired. If an employee was hired for a certain period, but the employment contract has ended, she only needs to write an application to extend the agreement and attach a medical certificate confirming pregnancy. And only after the end of pregnancy, the employer, within a week, can dismiss the employee with whom the employment contract has expired.

But the dismissal of a pregnant woman can be legal in the only case: if the employment contract with her was concluded for the period of performance of the duties of an employee who is temporarily absent from work. The employer is obliged to offer the woman all available vacancies suitable for her. And only in the absence of such can she be fired.

Terms of payment

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 schedule 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.

If the working conditions of a pregnant woman include restrictions on working posture, drafts, wet clothes and shoes, changes in atmospheric pressure, low light, high temperature in the workplace (more than 35 degrees), or the need to walk more than 2 km per shift, she has the right to transfer to easier work.

The first step of a pregnant woman in this direction should be to contact her antenatal clinic with her attending physician, who, at her request, is obliged to issue her a medical certificate on the need to transfer to light work. After this, the employee provides the employer with a conclusion and a statement requesting the transfer.

It should be understood that there is no need to negotiate with the employer. Transferring a pregnant woman to light work in the presence of a medical certificate is not a gesture of goodwill, but the responsibility of the employer.

If the employer claims that light work is impossible at this workplace and invites the employee to resign of her own free will, his actions are illegal. According to the code, if an employer cannot provide a pregnant employee with adequate working conditions, she has the right to be absent from the workplace. In this case, the employer pays for all the time missed by the woman for this reason based on average earnings.

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

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

Useful video about the peculiarities of work of pregnant women

For pregnant women, the Labor Code establishes additional social guarantees. They consist, first of all, in the possibility of removing the expectant mother from harmful and dangerous working conditions and transferring her to light work. At the same time, the employer does not have the right to dismiss an employee who proves the fact of pregnancy with the appropriate certificate.

Article of the law

In some cases, during pregnancy, a woman is recommended to switch to light work. This concept implies a reduction in production standards, eliminating the impact of unfavorable production factors, etc. Transfer to light labor is carried out within the framework of Article 254 of the Labor Code.

on night shifts;
weekend;
non-working holidays;
overtime;
on business trips.

Labor legislation obliges the employer to pay the labor of a pregnant woman transferred to other working conditions at the average salary due to her in her previous place.

Light labor for pregnant women according to the Labor Code of the Russian Federation

There are a number of jobs where it can be not only dangerous for a woman in this position to work, but also difficult. In particular, issues related to:

lifting weights;
work on a conveyor belt;
labor associated with emotional stress;
working with harmful, toxic substances, etc.

Indicators of these impacts can be clarified in acts of special assessment of the workplace. Therefore, the first thing an employer must do is determine whether the work being performed is harmful to a pregnant woman and her baby. When establishing a class of working conditions 3.1 and higher we can talk about the presence of harmful factors and the need to transfer the employee to light work.

In the field of trade and medicine

This rule applies to employers in any field of activity. But there are jobs that cannot be called difficult and harmful to health, but a woman in this position applies for a different kind of work. This may apply to the trade of household chemicals and medical workers whose work is related to laboratory research using chemicals, as well as antiseptic solutions.

In this case, it is recommended to accurately describe your work responsibilities to the antenatal clinic doctor when issuing a certificate of transfer to light work. If the certificate is drawn up correctly, the employer will be obliged to reconsider the place of work and provide favorable conditions.

The doctor must indicate in the certificate exactly which negative factors should be excluded.

In the field of education

As for teaching staff, their work is directly related to psychological stress, which should also be avoided by a pregnant woman. Therefore, when submitting an application and a certificate from a medical institution, she can count on a reduction in study hours.

In banks

The issue of the impact of office equipment on the body of a pregnant woman remains controversial. Therefore, female employees of banks and other institutions, where the main work involves processing information on a computer and printing it out, can apply for other activities at the discretion of management. It is quite difficult to determine harmful effects; it can only be proven on the basis of a special assessment. Today, modern technology and monitors practically eliminate the negative impact on the human body.

In this case, the doctor may indicate in the certificate recommendations to reduce the time spent working with office equipment to three hours a day. The rest of the time, a pregnant woman can do other work at the direction of the employer.

Certificate for light work during pregnancy

According to the employee’s application and a certificate provided by the medical institution, the employer is obliged to transfer her to that area of work where the impact of negative factors will be excluded, and the load on the body of the expectant mother will be reduced.

When is it issued?

The question often arises as to when a woman can apply for a change in working conditions. The legislation on this matter does not give clear instructions, giving the right to recommend transfer to light work to a medical worker observing the expectant mother.

It follows that a woman at any stage of pregnancy can contact a gynecologist with a request to issue a medical certificate on transfer to light work. In this case, the doctor must correlate the current work standards, the comfort of the conditions, as well as the presence of harmful factors. Only on the basis of the presence of difficulties in pregnancy in a particular case is the issue of issuing an appropriate certificate decided.

Where can I get it during pregnancy?

A certificate is issued only by a gynecologist who is in charge of a woman’s pregnancy. Therefore, to obtain it, you should contact your doctor at the antenatal clinic. The medical report must be certified by his signature, the signature of the head and the seal of the medical institution.

The antenatal clinic doctor may refuse to issue a certificate only if there are compelling reasons. In this case, the pregnant woman has the right to clarify the reasons for the refusal, seek clarification from the head of the institution, and then to higher authorities.

How to transfer a pregnant woman to another job?

A mandatory condition for transferring the expectant mother to light work is her provision of two documents:

conclusions of the doctor at the antenatal clinic where she is being monitored for pregnancy;
application for transfer to light work - .

In a conflict situation when the employer does not want to pay the required salary, then use a statement like this -.

Based on them, the employer decides to reduce the standard of production, service, or transfer to another job that is easy. This is done on the basis of Part 1 of Article 254 of the Labor Code.

If the decision is positive, an order is drawn up for the organization on a temporary transfer and an additional agreement to the employment contract is concluded with the employee. It sets out the new working conditions. A pregnant employee must be familiarized with these documents against signature.

The application is mandatory, since on its basis all transfer manipulations are carried out on the part of the employer. He does not have the right to unilaterally change working conditions, so the statement serves as proof that they were changed at the initiative of the employee.

How is translation work paid?

When using production and maintenance standards, they are reduced by 40%. It is also possible to transfer a pregnant woman to part-time work, but in this case payment will be made in proportion to the hours worked.

Even after transferring to light work, the employer is obliged to maintain the average salary that was used in her previous workplace. If it is impossible to immediately find a suitable job, a pregnant woman does not have the right to be obliged to carry out activities in the same conditions. At the same time, she does not lose earnings for those days that she is forced to be suspended. The employer is obliged, at his own expense, to provide the necessary payments for them at the average salary.

As soon as a suitable job becomes available for a pregnant woman, according to the doctor’s recommendations, she will be invited and will continue to perform labor functions in the new conditions.

When does the light labor period end?

The end of the period for providing easy working conditions coincides with the employee going on sick leave for pregnancy and childbirth. At the same time, she has the right to go on another vacation before its onset. Labor Code in Art. 122 and 260 makes it possible to take the next paid vacation in full.

The vacation schedule drawn up by the organization does not apply to the woman in this case.

This means that she can take all 28 calendar days before the onset of sick leave.

According to the law, it is impossible to fire a pregnant woman. The only exception is the case when she was hired temporarily to replace the main employee, and this employee intends to start working again. But then the pregnant woman must be offered all available vacancies in the organization. If there are none, the contract is terminated.

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 employee’s health 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 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:

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.