What the Labour code says: easy work for pregnancy, conditions, payment, transfer features

Modern women often do not report to their employers about pregnancy, because I fear that they will be fired. However, working conditions are not always favourable for the health of the expectant mother and child. Says that the woman relies easy work of pregnancy, Labor code. From what period can I request a translation? Will I be paid? What to do if the employer is unable to create the necessary conditions for easy labor?

Labor code of the Russian Federation: pregnancy, easy labor

Labor laws do not define the term "easy work". However, it obliges all employers with workers help with medical opinion specifically to reduce her standards or to transfer to an appropriate position, in order to eliminate the influence of harmful factors of production. Under light work means the professional activity in which the employee spends less physical strength and are not exposed to the harmful effects of the environment.

For pregnant women is strictly prohibited the following categories of works:

• Lifting various objects from the floor or above shoulder level,
• Lifting weights
• Assembly line,
• Neuro-emotional stress
• Interaction with pathogens of various infections, diseases, harmful substances, IR - and UV radiation, radiation, vibration,
• Work under pressure.

The Basis for transfer to a more gentle mode of operation is a medical report from the attending physician. Without it, the employer may not change working conditions.

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Rights and responsibilities

So, women are entitled to easy work for pregnancy. The labour code stipulates, in addition, the rights and obligations of the employer and the expectant mother.

The Main obligation of the employer – promoting the timely transfer of the employee to light work. If the management of the company will be able to immediately provide the employee with adequate working conditions, and it will take some time, a woman temporarily released from work. However, the employer is obliged to pay her all the days of absence from the workplace.

A woman has a right to take annual paid vacation. It does not matter the seniority. This leave can be given before maternity leave or after it.

Another duty imposes on the employer the Labour code. Easy work for pregnancy involves the observance of sanitary requirements. To dismiss pregnant on their own initiative the employer has no right. However, if the contract has expired, at the request of the employee, it may be extended.

Terms and Conditions

Since reglamentary easy labour pregnancy Labour code, its terms must meet certain requirements of Russian legislation. In an industrial production operation is Assembly, packaging and sorting must be fully automated. The room in which work is pregnant, should be fairly light, dry, without draughts. Work, as mentioned above, need not be accompanied by psycho-emotional stress. It is also forbidden to reside in one position, to sitting, to walking, standing bending, squatting or kneeling.

Expectant mother can lift loads weighing no more than 2.5 kg and not more than 2 times within an hour. If in production this should be done more often, the rate is reduced to 1.25 kg, and in an hour you can raise no more than 6 kg Weight during entire shift must not exceed 48 kg.

What else sets the rules of the Labor code? Light work of pregnancy is to decrease the production rates by 40 %. If a woman is employed in agriculture, it is completely exempt from these works. If the work is done in the office, women can work at the computer no more than 3 hours a day. Under the feet should be a special stand and chair – headrests, armrests, height adjustment.

Easy Features

Here are the main features of easy labor during pregnancy:

1. Be transferred to light work only, provided the conclusion of the attending physician.
2. A woman has a right to refuse to work at the computer.
3. Set a time-frame for easy labor pregnancy Labor code. How many hours can you work to a pregnant employee? A women it can be transferred to a shortened work week. Paid in accordance with the spent time, which does not affect the duration of the holiday.
4. If the employer is unable to provide adequate working conditions, the woman behind the days of absence is paid.
5. Offers full release without regard to seniority.
6. The Expectant mother may refuse to work at night, travel, overtime hours and work on weekends and public holidays.

Transfer to the light workfor pregnancy: Labor code

According to the first part of article 254 of the labour code, employers have to lower performance standards for pregnant employees or transfer them to an easy work while maintaining the same earnings.

For translation, you will need not only medical opinion but also the drafting of additional agreement to the contract with the employer.

The Correct execution of the transfer

If you rely on the Labour code, light work of pregnancy is made only with the consent of the employer and the employee. The document shall be in writing. The employer acquaints the employee with the offer on transfer under her painting. If approved for transfer to another position separate written statement.

The proposal for the transfer

The Signing of job offer leads to the fact that change not only the duties and working conditions of the employee, but the amount of earnings. According to article 254 TK, its minimum size should be equal to the average wage. Monthly until the employee is transferred to an easy job in the accounting Department compares the labor remuneration.

After signing the offer of employment by the relevant order. The worker need to acquaint under a list not only with him but with the job description and other regulatory documentation. The entry in the workbook is not required if the transfer is temporary.

Income tax and insurance contributions

Wage a pregnant employee shall be deducted monthly:

• Income tax
• Insurance premiums.

All payments are assessed additional insurance premiums.

Pay

Sets the wage for easy work for pregnancy Labor code. Pay a pregnant employee is calculated on the basis of article 139 of the labour code and 922 of the RF government decree from December 24, 2007. Its size is set in accordance with the actual wage and spent time over the past 12 months that preceded the date of signing the agreement. On the basis of the average daily wages, calculated by dividing the entire amount paid by the number of days of return to work. The average salary is determined by multiplying the daily value by the number of days working on.

Useful tips

A Medical report issued in the antenatal clinic. You need to understand that to negotiate with the employer about change of working conditions is not necessary, as it is his direct responsibility. If the leadership of the organization claims that easy work for workers there, and offers to write the application on dismissal at its initiative, such actions are considered unlawful. In accordance with the LC, the employer in case of impossibility of providing adequate conditions is obliged to pay the employee the necessary time off. In case of refusal to provide easy work and those payments are made, the rights of workers to settle in court.

Results

To Find an employer who would come to the delight of “an interesting situation” of their employees, at all times was not easy, especially if we are talking about the “owner”. However, there is the Labour code. Easy work for pregnancy, according to this normative legal document earned every expectant mother. And though not always, employers are eager and ready to provide comfortable working conditions, they must do it or must pay for the days of forced time off the employee. The basis for transfer is the doctor's conclusion.