Certificate for light work due to health reasons. Procedure for transferring to light work

Concept

Light activity or light work - transfer of a worker to a more suitable job for medical reasons . There may be several reasons for such a translation:

injury at work;
pregnancy (Article 254 of the Labor Code of the Russian Federation);
raising a child under 1.5 years of age;
recent surgery;
serious disease.

The Labor Code does not have a clear definition of what “light labor” is, so in each case it is considered individually. The job must be as prescribed by a physician and the average median salary must be maintained at or above pre-injury/illness levels . Such an employee can be involved in overtime work only by consent and without causing harm to health .

Evasion or refusal by the boss to provide a transfer without good reason is considered a violation of labor laws. The procedure for switching to light labor is formalized by Art. 73 Labor Code of the Russian Federation.

If an employee refuses to change activities to a simpler job or the organization does not have suitable vacancies, the employer is obliged to suspend the employee with retention of position for up to four months.

Salaries for this period will not be accrued unless otherwise provided by the employment contract, agreement or other paragraphs of the Labor Code and Federal Law. If the period of limited working capacity is 4 months or more (or in the case of a need for permanent transfer), the employer has the right to terminate the contract based on Art. 77 Labor Code of the Russian Federation.

Light work - concept, conditions and procedure for translation

Conclusion So, we can conclude that if there is a medical certificate, some categories of employees can be transferred to light work. To carry out such a transfer, you need to prepare documents and comply with the conditions established by law. If you constantly feel unwell and interfere with normal work activities, you may need to see a doctor. We have looked at what a certificate for light work is.

Since the Labor Code regulates light work 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 a pregnant woman works should be sufficiently light, dry, and draft-free.

The 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 is reduced to 1.25 kg, and no more than 6 kg can be lifted per hour. The weight of cargo during the entire shift should not exceed 48 kg.

What other rules does the Labor Code establish? Light work during pregnancy implies a reduction in production standards by 40%. If a woman is employed in agriculture, she is completely exempt from this work. If the work is done in an office, a woman can work at a computer no more than 3 hours a day. There should be special supports under your feet, and on the chair there should be headrests, armrests, and a seat height adjuster.

How to get a medical certificate

Obtaining a certificate confirming the need for light work due to health reasons is legal in the following cases:

1. Having a disability. In our case, this will be an acquired disability that prevents the employee from performing his duties in full.
Long-term rehabilitation after surgery . These include, for example, spinal surgery.
Some types of diseases . The longer the recovery period, the greater the chance that the doctor will sign the certificate.

Bodily injury and mutilation. Particular attention is paid to injuries sustained by an employee in the performance of official duties.

Options for transitioning to a new job may change due to the degree of impairment of the employee. The type of certificate that the employee will have to provide to the manager also depends on this.

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Content

The format of the certificate may differ depending on the place of issue and the basis for transfer to light labor. The certificate must contain full name. the person who will receive the document, the place and date of the examination, general recommendations on working conditions and grounds for transfer, as well as the doctor’s signature certified by the seal of the medical institution.

You can receive a conclusion on transfer to light work in several forms:

conclusion of the commission or the attending physician (according to Law No. 323-FZ);
rehabilitation program for disabled people;
conclusion based on the results of a mandatory medical examination for hazardous work (Order of the Ministry of Health No. 302n);
rehabilitation program in case of an accident at work;
standard conclusion based on the results of an examination in a medical institution (Order of the Ministry of Health No. 441n).

When you receive a certificate at the clinic, it will look something like this.

The medical professional has the form of certificate required in a particular case.

Features of light labor

Here are the main features of light labor during pregnancy:

You can transfer to light work only if you provide a doctor's report.
A woman has the right to refuse to work at a computer.
The Labor Code does not establish a time frame for light work during pregnancy. How many hours can a pregnant employee work? If a woman wishes, she can be transferred to a shortened working week. Labor is paid in accordance with the time worked, which does not in any way affect the duration of vacations.
If the employer cannot provide adequate working conditions, the woman receives payment for the days she is absent.
Full leave is provided without regard to length of service.
The expectant mother may refuse to work at night, business trips, overtime, as well as work on weekends and holidays.

How to properly prepare a translation

To transfer to a lighter form of work, the employee and the employer need to collect a package of documents:

Medical certificate in one of the above options.
An application in free form or according to the company’s sample, in which the employee asks to be transferred to a position with different operating conditions.
Additional agreement signed by the employee and the manager, which describes their relationship for the period of validity of the certificate.
Order for transfer to a position.

So, the algorithm for processing the transfer of an employee to light work will look like this:

The first step is to provide the employer free-form transfer application
The employer reviews the application and signs an order of dismissal .
In addition to the general director, the document is certified by the chief accountant and all direct management of the employee.
The director can then submit a proposal for transfer to the position in writing , indicating the salary and period of replacement. The employee may or may not sign the offer.
The translation is made in accordance with Art. 72 of the Labor Code of the Russian Federation and entails a change in the employee’s duties, place of work and salary . All these changes are noted in the additional agreement to the employment contract.
is drawn up in standard (T-5) form for transfer to another job . The employee must familiarize himself with the order against signature, receive a new job description and receive the regulations required upon taking up the position. You will also have to make an additional entry in the work book if the transfer is permanent.

What's happened?

There is no clear concept of light labor in the Labor Code of the Russian Federation and other regulatory documentation.

However, it is customary to accept the employee’s ability to transfer to another position, the conditions of which, from a medical point of view, are more comfortable for him.

In the process of carrying out labor activities of this type, several rules must be observed:

During work, an organ that has been damaged due to an industrial injury should not be involved.
During the performance of work there should not be a negative impact on the general state of health (in case of a general illness).
While performing work, there should be no detrimental effect on the fetus or the body of the expectant mother (if the transfer to light work is due to pregnancy).

How is it paid?

Wages for light work cannot be lower than the average salary for performing ordinary duties. Such a proposal is unlawful according to Art. 254 Labor Code of the Russian Federation.

For example, if before the transfer an employee received about 30,000 rubles a month, then the salary in the new place should be from 25-30 thousand rubles.

An exception is the transition to part-time work; when this is done, the salary is reduced in proportion to the hours worked.

For example, when switching to an incomplete 30-hour week, an employee will completely legally lose a quarter of his salary, and 30,000 rubles will turn into 22,500.

In the case of a transfer to a position with a noticeably higher salary, the employer needs to be prepared to report on the employee’s qualifications to the Social Security Fund, which may consider such highly paid work as fraud in order to increase the amount of benefits. This may result in the company being denied reimbursement of government benefits.

Sick leave and vacation

Sick leave is calculated as usual, as in normal work. We remind you that the benefit is directly related to length of service and earnings. With eight years of experience or more, the employee will receive 100% of earnings, with five to eight years of experience - 80%, with less than 5 years of experience - 60%.

The category of workers engaged in light labor has the right to an annual paid leave of one month or unpaid leave for 60 days at their choice.

Features of payment for sick leave and vacations

For light work, wages are assigned no lower than what is valid for the usual fulfillment of obligations. This rule complies with the requirements of Article 254 of the Labor Code of the Russian Federation. An exception is made for situations where they switch to part-time working days. In this case, the remuneration depends on the time actually worked.

If the transition is related to a higher position, an additional report is required to the Social Insurance Fund, describing the qualifications of the subordinate. After all, many people use similar schemes when committing certain frauds.

Sick leave is also calculated and compensated according to the standard procedure. The benefit directly depends not only on length of service, but also on average earnings during the previous reporting period.

Transfer deadlines

Transfer to light work can last either a limited time (for illnesses and injuries) or an unlimited time (disability, chronic diseases, injuries). With a medical prescription for up to 4 months, the employer does not have the right to dismiss the employee, only to suspend him for the period of reduced working capacity with the same salary, or offer other comparable options.

If easier conditions are required for a period of more than 4 months, then the organization may dismiss the employee with payment of severance pay.

After the end of the term, the employee can retain a new position by mutual agreement with the employer, in which case the term of work in the additional agreement is canceled, and the contract is considered automatically extended. Do not also forget that the employee has the option of resigning at his own request at any time.