Indications for light work. Labor Code: light work. Prohibited activities

Unfortunately, the legislator did not consider it necessary to include “light labor” in the Russian Federation; you will not find such a concept. The characteristics of light labor are reflected in SanPiN 2.2.0.555-96 and “Hygienic recommendations for the rational employment of pregnant women.” This code of practice explains aspects such as the regulations applicable to equipment, the workplace, and the level of permissible stress during pregnancy. How does it regulate labor Code easy work? This will be discussed below.

Transfer to light work due to illness or injury

If an employee, due to health reasons or after an injury at work, can no longer perform his functions, then the employer is obliged to transfer him to another, more light work. What does it mean? While in the workshop, a worker injured several fingers; treatment of his hand did not bring the desired results. Fingers that do not bend, does not allow a person to lathe. In this case, he has the right to ask in the application (with medical report) about transferring him to light work, where the affected arm will not be used. When transferred to another lower-paid position, he retains his previous earnings for a month (Article 184 of the Labor Code of the Russian Federation). If the employer refuses to transfer him to another position, threatening him with dismissal, then you should contact specialists to resolve this issue

Easy labor during pregnancy

When a woman registers with the antenatal clinic and receives a certificate confirming her pregnancy, she may qualify for transfer or light work due to pregnancy. The “Hygienic Requirements” establish the conditions under which the expectant mother is not allowed to work. Such conditions include premises where there is no:

• natural light,
• aerosols are sprayed,
• there is vibration and ultrasonic background,
• even the type of chair on which a young pregnant woman can sit is determined.

Labor Code It is prohibited to send a pregnant woman on a business trip (only at her request), leave to work overtime or go out at night.

Looking for an answer? Ask a question to the lawyers!

9450 lawyers are waiting for you

The expectant mother can exercise her right to improved working conditions by writing a statement asking to be transferred to light work, where exposure to harmful factors is excluded. While her manager takes measures to transfer her to light work, a woman in this position has the right not to work, but she retains her average earnings. (her average value) for a woman in a position transferred to “light work” will not change, regardless of the cost of payment for light work.

Especially This question is relevant for representatives:

• working professions,
• those who work in the workshop,
• sales representatives,
• controllers,
• auditors,
• employed in traveling work.

This privilege has the right women with children under the age of one and a half years can also benefit from.

Please explain the following: an employee works as a security guard for three days. From May 30, 2015 to July 17, 2015, he was on sick leave, first in the hospital, then at home, as it turned out, he had a heart attack. On July 17, 2015, his sick leave was closed and he was discharged. The sick leave is signed by the doctor and the chairman of the VC. The employee's disability has not been established. Along with the sick leave, he presented an ordinary certificate from a therapist and only the therapist signed that he was contraindicated from working at night and was not allowed to lift heavy objects. What to do in this situation, I can’t figure out what kind of conclusion this is, the form of the certificate is not indicated, the signature is only of the therapist, just an ordinary certificate, I cannot, on the basis of an ordinary certificate, transfer him to light work or formalize his dismissal for medical reasons. Explain what I should do and how the documents should be prepared by the medical institution and what I should do. While he wrote a statement to annual leave. Thank you

Answer

Answer to the question:

Having considered your question, we can say the following: the basis for transfer to another job or light work is a medical report.

A medical report can be presented in several forms:

1. Conclusion of the attending physician or medical commission. Issued in accordance with Federal Law dated November 21, 2011 N 323-FZ (as amended on June 25, 2012) “On the fundamentals of protecting the health of citizens in Russian Federation".

2. If an employee is recognized as disabled, an ITU certificate and an individual rehabilitation program for a disabled person issued by the Bureau of Medical and Social Expertise.

3. Rehabilitation program for victims of an industrial accident and occupational disease.

4. Conclusion of a medical institution conducting a mandatory medical examination of an employee, which is issued in the manner determined by Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 N 302n “On approval of lists of harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations), and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions."

5. Medical certificate issued in accordance with the order of the Ministry of Health and Social Development of Russia dated May 2, 2012 N 441n “On approval of the Procedure for issuing medical organizations certificates and medical reports" based on a medical examination of a citizen, including a commission.

Thus, the conclusion of the attending physician, if properly drawn up, is the basis for transfer to a job that is not contraindicated by a medical report, or, in the absence of appropriate vacancies, for dismissal under clause 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Examples of notices of offer and absence vacant positions corresponding to the medical report and dismissal order, records in work book are given below in the System materials.

The employer, having received documentary information (medical report) that the employee cannot engage in his previous work for health reasons, must remove him from work (paragraph 5, part 1, article 76, paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation ).

Contraindications can be identified as a result of a medical examination passed by the employee either due to legal requirements or on his own initiative, or when he undergoes other medical procedures.

An employee who is unable to perform his previous job for health reasons must offer a transfer to a position that is not contraindicated for him due to health reasons.

Dismissal by the specified basis is aimed at protecting the health of the employee and is not considered a violation of his rights. The employer needs to have documents indicating the availability of relevant vacant jobs (positions) or their absence. Upon dismissal on this basis, the employee is paid severance pay in the amount of two weeks' earnings.

• If the period during which the employee cannot perform his work is more than four months, and there are no vacancies or the employee’s consent to the transfer, then the employer should formalize the dismissal of such an employee in accordance with paragraph 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.
• If the employee agrees to the transfer, then when transferring such an employee to another lower-paid job, of this employer he retains his former average earnings within one month from the date of transfer, and in case of transfer due to a work injury, occupational disease or other work-related health damage - until permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation).

If the period during which the employee cannot perform work is less than 4 months, then the employee must be offered a transfer, and if he refuses the transfer, he must be suspended from work for the entire duration of the contraindication. During the period of such suspension wage is not charged.

If, if there are grounds for a temporary transfer of up to 4 months, the employee agrees to the temporary transfer, then for 1 month he must maintain the average salary in an amount not less than what it was before the transfer.

If, in accordance with a medical report, the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, and there are no vacancies or the employee’s consent to the transfer, then the employer should formalize the dismissal of such an employee in accordance with paragraph 8 of part 1 of Article 77 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. The employer needs to have documents indicating the availability of relevant vacant jobs (positions) or their absence. Upon dismissal on this basis, the employee is paid severance pay in the amount of two weeks' earnings.

If it is not possible to determine from the medical report the duration of the contraindications for performing the previous work, then it is necessary to send a request to medical institution, which issued the conclusion, with a request to clarify the validity period of such contraindications

Such a request can be sent to the medical department. institution and the employer himself,but it’s easier to contact the employee and explain to him,that the conclusion should be supplemented by the validity period of contraindications for working under the same conditions.

If the employee is subject to periodic medical examinations , then before vacation it is possible to refer him to such honey. inspection. If leave has already been granted, you can send it after the leave. According to the results of this honey. After the inspection, you will decide on further legal relations with the employee.

Offer vacancies and apply, if possible, the transfer can be made both immediately after the end of the vacation, and during the vacation period, if there is a connection with the employee.

Details in the materials of the Personnel System:

1. Answer:In what cases is an organization obliged to transfer an employee to another job?

In some cases, the administration of the organization is obliged to transfer the employee to another job. For example, in the case when an employee cannot perform his previous work in accordance with a medical report. With the consent of the employee, the administration must transfer him to another job that is not contraindicated for him for health reasons.* A proposal with a list of vacant positions available in the organization can be submitted to free form. These positions must comply with the work restrictions reflected in the employee's medical report and be suitable for the employee's medical condition. When asked to do so, the employee must agree to the transfer in writing or refuse it. This follows from part 1

If the employee agrees to the transfer, complete the general procedure additional agreement to the employment contract, order for form No. T-5 and make the appropriate entries in the work book and personal card of the employee according to form No. T-2(Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 , instructions, approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

When transferring an employee for medical reasons new job may be higher paid or lower paid. If an employee is transferred to a lower-paid job, then for a month from the date of transfer he must retain his average earnings from his previous job. If the transfer is due to the fact that the employee has suffered injury or an occupational disease, then the average salary is retained until the employee recovers or doctors determine his disability. This procedure is established in the Labor Code of the Russian Federation.

A situation may arise when an employee who needs a temporary transfer for medical reasons refuses it or there are no suitable vacancies in the organization. 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,). This is stated in parts 2 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 Art. 73 Labor Code of the Russian Federation). The grounds for dismissal are paragraph 8 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 ( ruling of the Constitutional Court of the Russian Federation of July 14, 2011 No. 887-О-О).

A special procedure for dismissal in case of refusal of a vacancy (absence of vacancies in the organization) during transfer for medical reasons is provided for managers, their deputies and chief accountants in parts 4 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 for paragraph 8 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. Do not accrue wages or other social benefits for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example,).

Ivan Shklovets

Deputy Head Federal service on labor and employment

Form

Offer to transfer to another job in accordance with a medical report

OFFER to transfer to another job

According to medical report

Moscow 08/18/2010

List of vacant positions existing on this moment V "Alpha" and not

Contraindicated for your health reasons. We offer to take one of them according to your

Choice.

Please indicate your agreement or disagreement in the appropriate box of this

Offers.

List of vacant positions as of 18.08.201 0

Director A.V. Lviv

Proposal to transfer to another job in accordance with the medical report to me

Handed over,

08/18/2010 Yu.I. Kolesov

Sample notification

NOTIFICATION

About the absence of vacant positions in the relevant

medical report

By the conclusion of the medical and social examination No. 4281916 dated September 10, 2012, you were assigned a second disability group. In accordance with the Individual Rehabilitation Program for a Disabled Person, card No. 1611 to the examination report No. 1682 dated September 10, 2012, you were contraindicated from work with pronounced psycho-emotional stress, heavy physical labor, work, the sudden cessation of which is dangerous for others, lifting and carrying heavy objects, work at heights and in extreme conditions. These recommendations are contraindications for working as a bus driver. In this regard, we notify you that as of September 10, 2012, there are no vacant positions at Passenger Transportation LLC that correspond to the specified recommendations.

We inform you that due to the lack of vacant positions, the employment contract with you will be terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation.

Unified form No. T-8

Approved by a resolution of the State Statistics Committee of the Russian Federation

(order)
on termination (termination) of an employment contract with an employee (dismissal)

the employer does not have other work required in accordance with the medical report,

Motivated opinion of the elected official

trade union body in writing

Work book (fragment). Registration of dismissal if the employer does not have a job that corresponds to the medical certificate issued to the employee

Approved

Decree of the Government of the Russian Federation

EMPLOYMENT HISTORY

Job details

With respect and wishes for comfortable work, Ekaterina Zaitseva,

HR System expert

The most important changes this spring! Five bad habits of HR officers. Find out what your sin is
The editors of the magazine "Personnel Business" found out which habits of personnel officers take a lot of time, but are almost useless. And some of them may even cause bewilderment to the GIT inspector.

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.

Easy work For health reasons, it is indicated for people with disabilities

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

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

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

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.

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

Cases of transition to easier working conditions for medical reasons

Transfer to light work - for pregnant women

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

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

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

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

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

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

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

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

In particular, this group of workers has grounds for at least 30 calendar days, which are paid, or unpaid leave lasting 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. An additional agreement to the employment contract, the body of which specifies the updated conditions for fulfilling statutory obligations and the period of such transition.
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 average salary for the worker. During this period, the employee may, on the basis of the law, not fulfill previous obligations that are contraindicated for him based on his state of health.
• In the situation with a woman who is carrying a child, the change in type of activity will take place before the end of 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, on the basis of a medical diagnosis, to a position with a lower salary, the employer undertakes to maintain for him the average salary of his previous activity for 1 month.
• If the basis for changing activities to a lighter one is an injury received at work or the occurrence of an occupational disease, then the employer undertakes to maintain the average salary for him until the stage of establishing an uncompromising loss of professional fitness or until his final recovery.
• If a worker needs to change the type of activity for a period of up to 4 months, but at the same time rejects the options provided or the management of the enterprise does not have options for his placement, then his current position is retained without payment of salary until he returns to work. workplace.
• If a worker needs to change the type of activity for a period of more than 4 months, but rejects the options offered to him or the management of the enterprise does not have options for his employment, then the employment contract with him ceases to be valid. In this case, the worker is obliged to receive severance pay upon dismissal, which is approximately equal to the average salary for 2 working weeks.
• At the end of the period for transition to easier operating conditions specified in the additional agreement to the employment contract, the worker undertakes to begin fulfilling previous statutory obligations.
• If the period of transition to easier working conditions fixed in the additional agreement has ended, and the worker fulfills statutory obligations at the previous place of work and does not protest about this, then the period fixed in the agreement becomes invalid and the transition to 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

At the very beginning of pregnancy, many women hide their situation from their superiors. But in vain, because they are supposed to have light work during pregnancy. Continuing to work as before, they can harm the unborn child. Under what conditions can a disadvantaged worker exercise her right to work according to her abilities? What documents need to be provided?

What does light labor mean during pregnancy?

According to the law, each director, on the basis of a medical certificate, must transfer an employee in an interesting situation to an easy job. Light work means work associated with a reduction in physical activity and harmful effects.

For health reasons, a woman’s light work during pregnancy should be such that there is no potential threat to the health of the unborn baby. All this is written down in the Labor Code of the Russian Federation in articles 93, 254, 260, 261.

Easy work during the period of bearing a child is selected individually. The director takes into account the state of the body and psychological mood, as well as the conditions and assessment of the proper quality of the work performed.

Reasons for switching to light work

If a pregnant woman works in production, where there is unfavourable conditions– she has every right to switch to a reduced load. A pregnant woman is prohibited from:

• lift heavy objects;
• lift objects high from the floor;
• work on a conveyor belt;
• to be nervous;
• work with pathogens;
• touch harmful substances and poisons;
• squatting and kneeling;
• work in drafts and hot weather.

Also, a pregnant woman is exempt from business trips and night work. She does not work on weekends or holidays, and is free from overtime assignments. She is also legally entitled to reduced working hours and full paid leave, regardless of how long she has worked.

Light work due to pregnancy in the labor code means that every manager must transfer a female employee to light work due to pregnancy. His responsibilities include:

1. Reduce its maintenance rate;
2. Reduce production rate;
3. Provide her with a job where there are no harmful factors.

How does the transition process work?

Transfer to light work during pregnancy occurs according to a certain procedure:

• A pregnant woman should obtain a certificate from her gynecologist with a recommendation to work with less workload;
• After this, the employee gives this certificate to her director. Without a certificate, she will not be given a break in her work and will not have her production rate reduced;
• An employee must have a certificate for light work due to pregnancy, otherwise the director has the right to refuse in this matter;
• Then the employee writes an application for light work due to pregnancy, a sample of which is available at any enterprise;
• After management gives a positive response that her workload is being reduced, an additional contract will be concluded with her and an order will be issued to transfer her to another position;
• Since this work is temporary, no entry is made into the work book.

Features of organizing work during pregnancy

There may be a situation when the director cannot provide a pregnant woman with another job, and leaving her in the same place means breaking the law. What to do in such a situation? If it is impossible to provide light work during pregnancy, then the law provides for the pregnant woman to be released from her duties completely, while maintaining her earnings.

Know! Russian Code on labor, in Chapter 41, which specifies the features of the organization of work during pregnancy, in Article 261 it states that, at the request of the director, it is impossible to terminate the employment contract with an employee in the position.

An exception may be when a business closes. However, even in this case, the work experience is maintained and monetary compensation is paid.

Another situation may arise. If the employment contract has expired, then the director is obliged to extend it to the expectant mother until she goes on maternity leave. In this case, the woman will be insured and will not lose her job.

What difficulties arise

Most employers do not want to work with pregnant women. However, they do not explain why they are refusing them and hope that the employee does not know his rights.

In Russia current legislature protects women's rights and empowers them to assert them.

If a woman refuses light work during pregnancy, the employer cannot fire her for reasons disciplinary action. A woman who has been transferred to a job based on her strength may not be suitable for the position because... she cannot perform other work due to health reasons.

Payment term

Pay for light work during pregnancy provides certain moments, which must be taken into account. These are the moments:

1. In a new workplace, the salary may be higher than the average salary that she received in her previous position, so you need to additional agreement indicate the salary for the new job;
2. If the salary at the new workplace is lower than the average salary that she had before, then the additional contract must indicate the amount of the average salary;
3. If a pregnant employee works part-time, she will be paid for work for the time worked.

Rights and responsibilities of women and employers

The main responsibility of the manager is to transfer the pregnant employee to simple working conditions as soon as she brings a medical certificate. If the employer cannot immediately provide her with a suitable place, then he is obliged to temporarily release the pregnant woman from her duties and maintain her average salary. The manager is also obliged to:

• comply with sanitary standards for a pregnant employee in the workplace;
• if not at this time suitable job, the manager must let the employee go home, but keep her average salary;
• when the expectant mother is in hospital for protection, the director is obliged to pay her the average salary.

It is the pregnant woman’s responsibility to bring a medical certificate, give it to the employer and write an application for light work.

When to apply

The labor law does not specify at what stage of pregnancy an application must be submitted. At the very beginning of an interesting situation, a woman has the right to indulgence when fulfilling job responsibilities. But there must be confirmation from a doctor.

Typically, a pregnant woman writes a statement closer to maternity leave, at a time when it is already difficult for her to work. Although she can do this earlier.

What responsibility does the employer have?

1. If the boss does not agree to give a woman another job during pregnancy, the employee can complain to State inspection by work;
2. This inspection will conduct an inspection and if the violation is confirmed, the boss will be fined five thousand rubles or may be banned from operating for three months;
3. If there is a repeated violation, the enterprise will be closed for several years.

The Criminal Code is very important, especially Article 145, which states that employers who illegally fired or did not hire an expectant mother will be punished not only in the form of a fine, but also forced labor.

Transferring a woman to a lighter load during pregnancy is a temporary phenomenon and lasts until childbirth. Stand up for your rights and take care of your unborn child.

The basis may be work injury, previous surgery or serious illness, pregnancy, presence of a child under 1.5 years old.

An employer's refusal to provide such a benefit is a violation of the law.

Transferring an employee to light work for health reasons means that the person will be able to fulfill his professional responsibilities without performing actions contraindicated for health reasons.

The procedure is carried out with the written consent of the employee Art. 73 TK. This opportunity is especially relevant for representatives of blue-collar professions, workshop specialists, drivers, etc.

Labor Code of the Russian Federation. Article 73. Transfer of an employee to another job in accordance with a medical report An employee who needs to be transferred to another job in accordance with a medical certificate issued in the manner established by federal laws and other regulations legal acts Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee due to health reasons.

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

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

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

Cases of transfer for medical reasons

Transfer of an employee in accordance with a medical report is reserved for employees who cannot perform their professional duties in their previous place the following reasons:

1. Pregnancy.
2. Disability.
3. Postponed surgeries.
4. Presence of diseases.
5. Receiving injury or injury.
6. Injury or injury at work.

For example, a manufacturing worker who has had back surgery may require a change in duties to avoid negative impacts on the back. Or a person who has injured his arm may be temporarily transferred to an activity that will allow him not to use the injured part of the body, etc.

More often medical indication for translation is pregnancy of women.

There is a special set of rules aimed at determining acceptable professional conditions for this category of employees - “Hygienic recommendations for the rational employment of pregnant women.”

A woman can be transferred if there are the following unfavorable conditions:

1. Bad light.
2. Spraying aerosols.
3. Vibrations.
4. Physical stress (carrying heavy objects, standing for long periods of time, sitting in an awkward position, etc.).
5. Nervous and emotional tension.
6. Frequent business trips. A pregnant employee can be sent on a business trip only at her request.
7. Performing duties at night and overtime, etc.

People with disabilities can be involved in overtime hours, To professional activity on holidays and weekends only with their consent and in the absence of harm to their health.

Documentation

To transfer a person to a light form of activity The following documents are required:

1. A medical report provided by the employee and confirming his right to be transferred to light work due to pregnancy in accordance with the labor code (certificate from a gynecologist indicating the period).