Easy work for pregnant women. My experience

Peculiarities of work of pregnant women Peculiarities of 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.

It is impossible to fire a pregnant woman at the initiative of the employer, even if the woman did not inform him of her situation when she was hired.

Light labor during pregnancy from what stage?

As for how many hours during the day a woman who is preparing to become a mother should work, the Labor Code of the Russian Federation does not legitimize the maximum working day for a pregnant worker. If necessary, the expectant mother can submit to the manager a medical certificate in which the doctor, taking into account the well-being of the pregnant woman, will write a ban on working hours longer than eight hours.

If there is such a medical report, the employer is obliged to write an order and take it into account when creating the working time sheet for the pregnant employee. There is also an emergency situation in which the manager cannot find a suitable job for a pregnant woman.

Leaving an employee in a difficult position in the workplace is a violation of the law, and, in addition, creates a threat to the health of the woman and the unborn baby.

Light work: when can an employer not transfer a pregnant employee?

The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother. The main responsibility of the employer is to timely transfer the employee to light work.

If the management of the enterprise is not immediately able to provide the employee with adequate working conditions, and this will take some time, the woman is temporarily released from work. However, the employer is obliged to pay her for all days she is absent from work.

A woman has the right to take annual paid leave. Doesn't matter here work experience. This leave can be provided both before and after maternity leave.

Another obligation is imposed on the employer by the Labor Code. Light labor during pregnancy requires compliance with sanitary requirements.

An employer has no right to fire a pregnant woman on his own initiative.

Light work during pregnancy: obligations of the employer and rights of the pregnant woman

Important

Rights and obligations The main responsibility of the employer is to transfer a 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.

At what stage of pregnancy is it necessary to switch to light work?

Personnel officer. ru", 2011, N 11 HOW TO TRANSFER A PREGNANT EMPLOYEE TO LIGHT WORK Situation: salesperson N. Shnitko contacted the HR department with a request to transfer her to “light work” due to pregnancy.

Now she works on a “two days in two” schedule, the shift lasts from 9:00 to 23:00. What kind of work can be considered easy? Is it possible to refuse an employee such a request? And how to arrange a transfer? HR officers often encounter such requests.

First of all, we note that the state of pregnancy in itself is not a basis for transferring a worker to “light work.” In general, the concept of “light labor” in the Labor Code Russian Federation absent. According to Art. 259 of the Labor Code of the Russian Federation it is prohibited to send pregnant women on business trips, to involve them in overtime work, work at night, on weekends and non-working days holidays. At night in accordance with Art.

Hq lawyer

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? Content:

• What is light labor during pregnancy?
• Rights and Responsibilities
• Terms
• Peculiarities of work of pregnant women
• Payment terms
• Useful tips for switching to light work
• Useful video about the peculiarities of work of pregnant women

What is light labor during pregnancy? The Labor Code does not contain a clear definition of “light labor 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.

Features of work during pregnancy

As a rule, the doctor provides only general recommendations, and the employer selects a new workplace for the employee in accordance with existing vacancies. A medical certificate must be issued by a gynecologist at the request of a pregnant woman, regardless of the period, as soon as the fact of bearing a child is confirmed. Usually this is a document of the established form, which is certified by the seals of the attending physician and the head of the antenatal clinic. The law guarantees the expectant mother the opportunity to transfer to lighter labor.

Attention

And, if the medical institution refuses to issue her a certificate, citing this early or other reasons, she has the right to appeal such a decision. Usually, an application addressed to the head of the antenatal clinic with a request to clarify the situation or even a verbal appeal is sufficient.

Since transfer to light work is the unconditional right of the expectant mother, problems in resolving the conflict do not arise.

Transfer to light work during pregnancy

The basis is the average daily salary, which is calculated by dividing the entire amount paid by the number of days back to work. The average salary is determined by multiplying daily value by the number of days worked. Useful tips A medical report is issued at the antenatal clinic. You need to understand that there is no need to negotiate with the employer about changing working conditions, since this step is his direct responsibility. If the management of an organization claims that there is no easy work for an employee and offers to write a letter of resignation on her initiative, such actions are considered unlawful. In accordance with the Labor Code, if it is impossible to provide appropriate conditions, the employer is obliged to pay the employee for forced time off. In case of refusal to provide light labor and the mentioned payments, the rights of the worker can be defended in court.

This is regulated by the Labor Code of the Russian Federation (LC RF) and is defined as the right to light work. It involves transferring to another place of work or improving conditions.

Labor Code of the Russian Federation The law and the Labor Code of the Russian Federation protect the rights of women when bearing a child. They are spelled out in articles 254 and 93. Since not all employers are happy to accommodate expectant mothers, you need to be well aware of your legal options and use them freely.

According to Article 254 of the Labor Code of the Russian Federation, women in this situation have the right to the following changes in their work activities:

1. Reducing production or service rates.
2. Transfer to another place of work where the influence of harmful factors is excluded.
3. Maintaining the average salary for professional activities, regardless of changes in conditions.

Article 93 of the Labor Code gives the right to an employee in a position to work according to a special schedule.
Modern women often do not inform their employers about their pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child.

It states that a woman is entitled to light work during pregnancy, the Labor Code. When can I request a transfer? Will wages change? What to do if the employer cannot create necessary conditions for light work? Labor Code of the Russian Federation: pregnancy, light work Labor legislation does not contain a definition of the term “light work”.

However, it obliges all employers, if the employee has a certificate with a medical report, to reduce the production rate specifically for her or arrange a transfer to the appropriate position in order to eliminate the influence of harmful production factors.
Late pregnancy is the most unfavorable period for fulfilling your professional duties. At this time to the expectant mother It’s not just physically difficult to do your job. As a rule, the closer to childbirth, the more a woman’s thoughts are focused on impending motherhood, and professional interests fade into the background. However, not only these factors influence a woman’s ability to work with full dedication.
It often happens that her working conditions are harmful to pregnancy. Harmful working conditions Even the most ordinary activities during pregnancy can have a negative impact on the body of the expectant mother and child. The following types of work are most often harmful to women:

• Associated with lifting various weights, especially from the floor.

And secondly, you can “close” the issue by registering with your employees employment contract on remote work (Chapter 49.1 of the Labor Code of the Russian Federation). 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 introduce “distance” in advance, and not when you receive a certificate from an employee. This is a serious project that requires serious time and labor.

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 labor means work that involves reducing 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 unfavorable 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;
• 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! The Russian Labor Code, in Chapter 41, which specifies the specifics of the organization of work during pregnancy, in Article 261 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 retained 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 legislation protects women's rights and gives them the opportunity to defend them.

If a woman refuses light work during pregnancy, the employer cannot fire her for disciplinary reasons. 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

Payment for light work during pregnancy provides for certain points that must be taken into account. These are the moments:

1. At a new workplace, the salary may be higher than the average salary that she received in her previous position, so it is necessary to indicate the salary at the new job in an additional agreement;
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 conditions labor 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 earnings. The manager is also obliged to:

• observe sanitary standards for a pregnant employee at 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. A woman has the right at the very beginning interesting situation for indulgence when performing official duties. 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 provide a woman with another job during pregnancy, the employee can complain to the State Labor Inspectorate;
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.

Labor Code and pregnancy

Regulates the relationship between employer and employees. Most of the articles relate to standard working relationships, establishing work and rest hours, working hours, reasons why a subordinate or superior can be fired, etc.

Each section of the Labor Code contains chapters related to special categories of employees. These could be:

• pregnant workers,
• minors,
• employees with certain merits or who worked in non-standard conditions, etc.

The Russian Labor Code requires special treatment of women who fall into the “risk category” and need legal protection.

The law of the Russian Federation gives equal consideration to all applicants for a particular position. The priority for an employer when choosing an employee for a vacant position should be professional qualities. These are qualifications, education and experience. Thus, refusing to hire a pregnant woman because she is pregnant is illegal. She has equal rights with everyone, and if, as a professional, she turned out to be better than others, the woman should be included in the staff, despite her position.

One more important point is that employees of this category are accepted without assigning a deadline. This is stated in Art. 70 TK:

If an employer hires an employee who is expecting a child and indicates a probationary period in the documents, this clause of the order is considered unlawful and therefore should not be executed.

Even in cases where the new employee has expressed her consent to work under the condition of completing a probationary period, compliance with this condition is considered illegal.

And HR department employees should know legislative framework and take into account that pregnant women belong to a special category. Any infringement of their rights may lead to legal proceedings.

Pregnancy cannot serve as a reason to refuse a job. Women included in this category are enrolled on a general basis and begin working without a probationary period.

Working conditions for female workers at risk due to pregnancy

Working conditions for pregnant women

As soon as the employee provides the manager with a medical certificate confirming this, new rules begin to apply to her.

The first thing she must do is transfer her to “light labor,” which is provided for in Article 254 of the Labor Code. If this is not done, the employee has the right to go to court, and the law will be on her side.

A document from a medical institution serves as a reason to reduce production standards for an employee. If the work involves harm to health, the employee must be transferred to another place of work. Regardless of the changes that have occurred, average earnings must be maintained.

After providing a certificate, if there is a need to transfer a pregnant woman to another place, the time of decision-making and the temporary woman do not affect her salary. Average earnings remain the same.

If an employer has difficulties in resolving this issue, he can rely on the “Hygienic Recommendations for the Rational Employment of Pregnant Women” issued in 1993 by the State Committee for Sanitary and Epidemiological Surveillance of the Ministry of Health.

This document is intended for all types of organizations and is the basis for monitoring how the work and leisure of women expecting a child proceeds.

Employees, after providing management with a medical certificate, must be transferred to easier working conditions, while they remain unchanged even in case of downtime.

Permitted and prohibited work

A pregnant employee should not do anything that could harm her health or the health of her unborn child. The first step is lifting weights and bending over. She should not bend over more than 15º or lift anything above her shoulder girdle. Employees in this category are not allowed to lift objects from the floor.

The manager is obliged to create conditions for the pregnant woman in which she will not be nervous and experience emotional stress.

What kind of work can pregnant employees do?

A pregnant employee should be in a relaxed, free position throughout the working day. It should include changing the posture at will. It is advisable that she is not forced to sit or stand continuously.

If the enterprise provides output, for a pregnant woman it should be reduced by no less than 40%. She should not be sent on a business trip or forced to work overtime. On weekends and holidays, pregnant employees rest. Their shifts should not fall during the night or evening hours.

Special rules apply to vacations for this category.

Vacation

Leave during pregnancy

The basis for pregnancy is always a medical report. In order to exercise her right, a pregnant woman must write an application addressed to the management of the enterprise.

When it comes to the standard state of pregnancy, the applicant has the right to take 70 days before giving birth and another 70 days following the birth.

In some cases, the law provides for a different number of vacation days. So, if a worker wears more than one, she is given not seventy, but 84 days before giving birth. We are always talking not about working days, but about calendar days.

If the birth turns out to be difficult, postpartum leave is also extended and becomes equal to 86 calendar days. If an employee gives birth to more than one child, she is given 110 days of postpartum leave.

If the pregnancy proceeds without deviations from the norm, a certificate of incapacity for work is issued from 30 weeks for one hundred and forty days. In the case where a multiple pregnancy is established, the doctor issues a certificate from the twenty-eighth week to one hundred and eighty days.

If the birth was complicated, the woman receives an additional sixteen days of postpartum. If the birth occurs before the expected due date, the pregnant employee goes on leave for one hundred and fifty-six days. In the case of a stillbirth, a total of eighty-six days.

A pregnant employee's vacation begins on the day indicated on the certificate of incapacity for work. The manager does not make decisions regarding leave, but relies on a document from the medical institution.

Guarantees provided

To go on maternity leave, the employee must write a standard form, in which she indicates:

• number of days that will be absent;
• date of vacation;
• date of return from vacation;
• indication of the attached medical examination, etc.

The order issued for vacation also has a standard form. It contains data from a medical examination. During the vacation period, a pregnant employee is taken into account in the timesheet. Her last name is marked “P”.

In addition to maternity leave, the employee has the right to basic leave. It is given both after and before 6 months of work and is added to maternity leave or to calendar days of rest due after childbirth.

The Labor Code of the Russian Federation guarantees pregnant women the retention of their positions during the period of absence. The only reason for dismissal may be the liquidation of the enterprise.

If a pregnant woman works under a fixed-term employment contract, the employer is obliged to postpone its end until the employee’s right to go on maternity leave.

Must strictly adhere to the points of the Labor Code. If the rights of pregnant employees are violated, the court will be on their side.

Write your question in the form below

Pregnant women have the right to be transferred to light work upon pregnancy. In what cases can a pregnant employee exercise this right and what documents are needed for this?

The need to transfer a pregnant employee.

Light work involves reducing production and maintenance standards, as well as transferring to another job, the conditions of which exclude the impact of harmful and unfavorable factors on health. This is determined by a medical report (Part 1 of Article 254 of the Labor Code of the Russian Federation).

What professions provide the opportunity to transfer to easier work? They are defined in the “Hygienic Recommendations for the Rational Employment of Pregnant Women” (approved by the State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation and the Ministry of Health of the Russian Federation on December 21, 23, 1993). Another regulatory document for translation is section 4 Sanitary rules and the standards “Hygienic requirements for working conditions for women” (SanPiN 2.2.0.555-96, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation No. 32 of October 28, 1996).

If the activity of a pregnant woman in an organization jeopardizes her health and the health of her baby, it must provide for conditions for transfer to light work.

What stresses can be considered harmful for a pregnant woman?

These include:

Lifting objects and loads above shoulder girdle level;
- lifting objects from the floor;
- forced loads on the muscles of the legs and abdominals when performing normal work (if the worker’s posture is squatting, bending, kneeling, resting her stomach or chest on work equipment, etc.);
- actions with a torso tilt of more than 15 degrees;
- use of a foot pedal to control the equipment;
- work on a conveyor with a constant mode;
- work that involves nervous and emotional stress.

The permissible weight loads for pregnant women are:

Lifting weights no more than 2.5 kg up to two times per hour.
- When constantly lifting heavy objects during the working day, the weight of the load cannot exceed 1.25 kg.
- When moving cargo over a distance of no more than 5 m, the total weight of cargo, calculated for one hour of shift, should not exceed more than 60 kg. Lifting from the floor is contraindicated.

Working conditions under which a woman has the right to light work:

The working posture of a pregnant employee is limited.
- Walking at work is more than 2 km per shift.
- Work involves getting your clothes or shoes wet.
- Working in a draft.
- Working with sudden changes in pressure associated with external influences (flight attendants, summer crew, pressure chamber workers).
- Work in unlit areas or in rooms without windows.
- The temperature at work exceeds +35 degrees.
- Work at a computer, computer – more than 3 hours per shift.

What are the grounds for transferring to light work?

If the conditions in which a woman works are unfavorable for her health, she should contact her doctor at the antenatal clinic. He is obliged to issue her a medical report, where he makes a recommendation to transfer her to light work.

The employee should submit a medical report to the employer, and also write an application for transfer to easier work. Without a medical certificate, the employee has no right to expect a reduction in production standards or transfer to another job.

The transfer of a worker to light work is a temporary phenomenon and lasts until the end of pregnancy. During the transfer, she retains the average earnings from her previous job.

Application for transfer to another job of a pregnant employee. Sample.

To the Director of Kvart LLC
Ilchenko I.G.
From a plasterer-painter
Krivenko O.P.

Statement.

I ask you to transfer me to another job without exposure to unfavorable occupational factors based on a medical report.

Appendix: certificate from antenatal clinic No. 26 dated 04/04/2013.

04/05/2013 signature Krivenko O.P.

Starting from the date of the medical report and until the problem is officially resolved, the pregnant employee is released from work while maintaining the average earnings for these days. The average salary is paid by the employer. If there is no work for her, she may be released from work until her maternity leave.

If a woman has a child under 1.5 years of age and she is unable to work at her previous job, she can transfer upon application to another job with earnings no lower than the average earnings at the previous job when the child reaches the age of 1.5 years.

How to apply for a transfer to light work?

After a positive decision by management to provide the employee with easier work, an additional agreement to the employment contract is concluded with her. Based on this additional agreement, the manager issues an order to transfer the employee to another job. Since the transfer to easier work is temporary, no entries are made in the work book on this topic.

What jobs should pregnant women not be involved in?

These include the following works:

Overtime;
- on weekends and holidays;
- work in the evening;
- business trips.

Responsibility for violation of the law.

If the employer does not provide you with any benefits, the employee can file a complaint with the State Labor Inspectorate. If during the inspection the fact of violation is confirmed, the labor inspectorate has the right to bring the employer to administrative liability.
The fine for organizations is 30-50 thousand. rubles, in addition, officials will also be punished - 1-5 thousand rubles. the inspection may also issue a verdict on suspension of activities for up to 90 days.
If the violation is repeated, the manager or other official may be disqualified for a period of 1-3 years.

Free book

Go on vacation soon!

To receive a free book, enter your information in the form below and click the "Get Book" button.

31.08.2019

Employers do not always treat their subordinates fairly, given their interesting position.

Women during pregnancy find it difficult to cope with physiological changes occurring in their body.

Therefore, the law provides for a different procedure for carrying out labor activities during this period.

There is an opportunity to switch to so-called light work. What is it, what is meant by this concept for working pregnant women?

What does it mean according to the Labor Code of Russia?

Harsh working conditions for pregnant women should be excluded. Labor legislation clearly speaks out on this issue and classifies it as hazardous production:

• contact with chemicals, infections;
• X-ray radiation;
• night shifts;
• any physical activity;
• nervous-emotional tension.

What does it mean?

The employer is obliged to remove the employee who brought such a certificate from hazardous work and at the same time maintain average earnings. If the manager does not do this, then he violates Article 254 of the Labor Code of the Russian Federation.

When the interests of a pregnant employee in relation to her own health exceed material values, then she has the right to take advantage of the norms prescribed in Art. 93 of the Labor Code of the Russian Federation and switch to a shortened work shift or week.

Such a decision will in no way affect the duration of the next vacation. Wages will be calculated in proportion to the time actually worked.

The Labor Code does not clearly define the concept of “light labor during pregnancy.” An employer should understand light work as the implementation of professional activities that require less physical effort and have a beneficial effect on the general health of the pregnant employee and the development of the fetus.

Who is eligible for translation during pregnancy?

Since the production process is difficult to change, and for pregnant workers it is necessary to create conditions that meet labor standards, employers have to resort to various tricks:

• In the office environment, travel responsibilities may be transferred to other employees, and their work may be partially assigned to the pregnant woman.
• In industrial production conditions, the process of assembly, packaging, and sorting is brought into automatic mode.
• In the production area it is created comfortable environment, excluding drafts, dry stale air. Labor activity should not be carried out under negative psycho-emotional stress.
• The workplace should be equipped with a footrest if we are talking about working at a computer.

Pregnant women are strictly prohibited from constantly being in one position, on their feet all day, or working in an inclined position. Lifting weights of no more than 5 kg per hour is allowed, while the one-time norm is 1.25 kg.

It is also worth considering that the list of professions that gives the right to a special type of activity was approved by the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation and the Ministry of Health of the Russian Federation on December 21, 23, 1993.

The expectant mother independently decides how much to work and what interests to give preference to. The law prohibits the dismissal of employees who are going to work. maternity leave.

This entails serious fines for the employer. Therefore, he will have to either create conditions that satisfy the norms of labor legislation, or pay for days of forced time off.

When are women transferred?

It is important to know your rights and be able to defend them. Moreover, the law is on the side of pregnant women. Do not be afraid of misunderstanding and misinterpretation of the situation.

As soon as there is a need to create preferential working conditions, the employer should be informed about this.

To confirm and justify her demands for transfer to light work, the expectant mother should take a certificate from the antenatal clinic from an obstetrician-gynecologist. This document will become the reason for translation.

During pregnancy, some women find common ground with their employer and do not go on maternity leave at all, working in a special position.

A competent employer will always meet halfway, because he faces administrative liability for violating the Labor Code, and will do everything to make the work of pregnant employees easier.

Algorithm of actions during the transition - step-by-step instructions

In order to receive a transfer to light work, the first step of a pregnant woman should be to contact an antenatal clinic with an obstetrician-gynecologist, who monitors the process of fetal development and monitors the health of the expectant mother.

Based on objective clinical picture and at the request of the patient, the doctor makes a medical report confirming the fact that the pregnant woman has been transferred to light work.

The second stage is for the pregnant employee to provide a certificate to the employer confirming the need to transfer to light work. At the same time, a statement is written with a request to transfer the employee to special working conditions.

In this case, there is no need to negotiate with the manager in advance. They are people like that, they will look for various arguments so as not to follow the lead of a pregnant woman.

A transfer to light work is not regarded as a gesture of respect or favor. This is a legal norm that must be followed.

When trying to scare a pregnant employee with dismissal, due to the impossibility of changing production process, these actions are illegal. The labor code is on the side of the expectant mother.

If the employer cannot provide employees with appropriate conditions and light work, then the latter go on forced leave, and the employer pays for these days in the same manner.

Sometimes it is not possible to resolve issues peacefully with the employer. Then the pregnant employee will have to defend her rights in court.

The reality is that managers are not delighted when they learn that a subordinate is pregnant. They become even more frightened when they realize the consequences of providing inadequate working conditions.

At any time, a woman can refuse to perform her duties, and the company will pay her compensation in the amount of average earnings.

When working at a computer

Just a few years ago, computers posed a direct danger to pregnant women. This was especially true for monitors with cathode ray tubes.

Today, PCs are new generation devices. Workstations are equipped with LCD monitors that comply with SanPiN standards. In 2016, the Ministry of Labor confirmed the fact of safety and stopped classifying computers as sources of hazardous production.

Therefore, office work on a computer cannot be regarded as hard or harmful work. You can settle the issue with the employer regarding the working hours or draw up an employment contract on remote work.

If the general condition of a pregnant woman does not allow her to perform job duties throughout the entire shift, then she should write an application for a reduction in working hours.

How is it paid?

When transferred to special working conditions, the employee retains payment in the amount of average earnings.

If a pregnant woman finds it necessary to transfer to a part-time shift, her day or week will be reduced in the same way as her pay.

From the moment the relevant application is signed, wages will be calculated in proportion to the work performed.

Useful video

The procedure for transferring a pregnant employee to easier working conditions is described in this video:

Conclusions

An employer does not have the right to fire or lay off a pregnant employee. But he has the authority to create comfortable working conditions for the privileged category of workers, that is, to provide easy work.

It's fast and free!