Modern women often do not inform their employers about 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 says that a woman is entitled to light pregnancy work, the Labor Code. How long can I request a transfer? Will wages change? What to do if the employer cannot create the necessary conditions for easy work?
Labor Code of the Russian Federation: pregnancy, easy labor
The 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 certificate, to reduce the rate of production specifically for her or to issue a transfer to an appropriate position in order to exclude the influence of harmful production factors. Light labor means professional activity in which the employee spends less physical strength and is not exposed to the harmful effects of the environment.
The following categories of work are strictly prohibited for pregnant women:
- lifting various objects from the floor or above shoulder level,
- weight lifting
- conveyor production
- neuro-emotional stress,
- interaction with pathogens of various infections, diseases, harmful substances, infrared and UV radiation, radiation, vibration,
- labor under pressure drops.
The basis for the transfer to a more sparing mode of operation is a medical report from the attending physician. Without it, the employer is not entitled to change working conditions.
Rights and obligations
So, women are entitled to easy work during pregnancy. The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother.
The main duty of the employer is the timely transfer of the employee to light work. If the management of the enterprise does not immediately be able to provide the employee with adequate working conditions, and this will take some time, the woman will be temporarily relieved of work. However, the employer must pay her all days of absence from the workplace.
A woman has the right to take annually paid leave. Here, the length of service does not matter. This leave can be granted both before maternity leave and after it.
Another obligation is placed on the employer by the Labor Code. Easy work during pregnancy requires compliance with sanitary requirements. The employer has no right to dismiss a pregnant woman on her own initiative. However, if the contract has expired, at the request of the employee, it can be extended.
Conditions
Since the Labor Code regulates light labor during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which the pregnant woman works should be fairly light, dry, without drafts. Labor, as mentioned above, should not be accompanied by psycho-emotional stress. It is also forbidden to constantly be in one position, sit, walk all the time, stand bent, squat or kneel.
Expectant mother can lift loads weighing no more than 2.5 kg and no more than 2 times per hour. If in production conditions this needs to be done more often, the norm drops to 1.25 kg, and in an hour you can lift no more than 6 kg. The weight of goods during the entire shift should not exceed 48 kg.
What rules does the Labor Code still establish? Easy work during pregnancy involves a decrease in production rates by 40%. If a woman is engaged in agriculture, she is completely exempted from these jobs. If the work is done in the office, a woman can work at a computer no more than 3 hours a day. Under the feet should be special stands, and on the chair - head restraints, armrests, seat height adjustment.
Features of light work
Here are the main features of light labor during pregnancy:
- Transfer to easy work is possible only on condition that the opinion of the attending physician is provided.
- A woman has the right to refuse to work at a computer.
- Does not set a time frame for easy pregnancy work. Labor Code. How many hours can a pregnant employee work? At the request of a woman, she can be transferred to a shorter working week. Labor is paid in accordance with the time worked, which does not affect the duration of the holidays.
- If the employer cannot provide adequate working conditions, the woman receives payment for absenteeism.
- A full vacation is provided without taking into account seniority.
- The expectant mother may refuse to work at night, business trips, overtime, as well as from work on weekends and holidays.
Migration to Easy Labor: The Labor Code
According to the first part of article 254 of the Labor Code of the Russian Federation, employers must reduce the production standards for pregnant employees or transfer them to light work while maintaining their previous earnings.
The transfer will require not only a medical report, but also the preparation of an additional agreement to the contract with the employer.
Correct execution of the translation
If you rely on the Labor Code, easy pregnancy work is executed only with the consent of the employer and employee. The document is in writing. The employer introduces the employee with a proposal for transfer under her signature. Upon receipt of consent to transfer to another position, a separate application is written.
Translation offer
The signing of a job offer leads to the fact that not only the duties and working conditions of the employee are changed, but also the amount of earnings. According to article 254 of the Labor Code, its minimum size should be equal to average earnings. Monthly, while an employee is transferred to easy labor, accounting compares wages.
After signing the job offer, an appropriate order is issued. The employee must be acquainted with the signature not only with him, but also with the job description and other regulatory documents. An entry in the work book is not required if the translation is temporary.
Income tax and insurance premiums
Monthly deducted from the salary of a pregnant employee:
- income tax,
- insurance premiums.
At the same time, all insurance premiums are accrued for all payments.
Salary
Sets the size of wages for light labor during pregnancy. Labor Code. Payment for a pregnant employee is calculated on the basis of Article 139 of the Labor Code of the Russian Federation and 922 of the Decree of the Government of the Russian Federation of December 24, 2007. Its size is set in accordance with the actually accrued wages and hours worked for the last 12 months that preceded the moment of signing the agreement. The basis is the average daily salary, which is calculated by dividing the entire amount paid by the number of days to go to work. The average salary is determined by multiplying the daily rate by the number of days worked.
Useful Tips
A medical certificate is issued at the antenatal clinic. You need to understand that it is not necessary to agree with the employer on changing working conditions, since this step is his direct responsibility. If the management of the organization claims that there is no easy work for the employee, and suggests writing a letter of resignation on her initiative, such actions are considered unlawful. In accordance with the Labor Code, the employer, if it is not possible to ensure the proper conditions, is obliged to pay the employee forced absenteeism. In case of refusal to provide light labor and the mentioned payments, the rights of the employee may be defended in court.
Summary
To find an employer who would be delighted with the “interesting situation” of its employees has always been difficult at all times, especially when it comes to a private trader. However, there is a Labor Code. Easy pregnancy work, according to this regulatory document, has earned every expectant mother. And although employers are not always thirsty and ready to provide comfortable working conditions, they are obliged to do this or must pay days of forced leave to an employee. The basis for the transfer is the doctor’s opinion.