What the Labor Code says: light work during pregnancy, conditions, payment, features of transfer. Labor Code: light work

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 a workplace where there are unfavorable conditions, she has every right to switch to a reduced workload. 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:

Reduce its maintenance rate;
Reduce production rate;
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 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 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:

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;
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;
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 there is no suitable work at this time, the manager must let the employee go home, but keep her average earnings;
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 performing her 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?

If the boss does not agree to provide a woman with another job during pregnancy, the employee can complain to the State Labor Inspectorate;
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;
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.

Problem

Colleagues, tell me what to do. An employee came and brought a certificate for light work for a period of more than 4 months. The amendment does not indicate factors harmful to the employee, but in fact (due to the direction of the organization’s activities) all work is physically difficult and is 100% likely not suitable for the employee. There are no vacancies in the office, and his qualifications are not suitable. What to do in this situation? Am I somehow obligated to find him a light-duty job or will the employee have to quit? If we shouldn’t provide work in such a situation, then how can we officially notify the employee about this so that later we don’t have to run through the GIT. The employee is very conflicted and on all issues that seem unfair to him, he goes to complain to the state authorities, even if he doesn’t win anything and remains in the wrong. Thank you very much!

Solution

Hello!

But, you must comply with Part 3 of Article 73 of the Labor Code of the Russian Federation, this is an imperative norm.

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, if he refuses the transfer or the employer does not have the corresponding work, the employment contract is terminated on the grounds of clause 8 of part 1 of Art. 77 Labor Code of the Russian Federation.

In case of termination of the labor contract under the specified paragraph of Article 77 of the Labor Code of the Russian Federation, the employee will be paid severance pay in the amount of two-week average earnings of Article 178 of the Labor Code of the Russian Federation.

Termination of an employment contract in this case is aimed at protecting the health of the employee and does not violate his rights (Determination of the Constitutional Court of the Russian Federation dated July 14, 2011 N 887-О-О).

The employer is obliged to provide Article 212 of the Labor Code of the Russian Federation:

Preventing employees from performing their job duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, and also in case of medical contraindications.

The employer is obliged to remove from work (not allow to work) an employee, Article 76 of the Labor Code of the Russian Federation:

If, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are identified for the employee to perform work stipulated by the employment contract.

During the period of suspension from work, the employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, and employment contracts.

1. Study the document- a certificate is one thing, but in accordance with Article 73 of the Labor Code of the Russian Federation there must be a medical report.

Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 N 441n approved the procedure for issuing certificates and medical reports by medical organizations.

2. Only, I see, you have a weak “link”, so to speak, is that his medical report does not indicate recommendations or contraindications are not specified.

If the medical report does not indicate contraindications, then you cannot draw conclusions yourself that you do not have a job for him that you can offer him and transfer him to this job if he agrees to this transfer.

This means you need to make a request to the medical institution that issued this document so that they clarify the requirements for the work that they must provide, or list contraindications.

3. With an employee, if he has a conflict, move on to official communication, i.e. written communication.

4. If the employee has been given a medical certificate, but it does not specify contraindications, then in accordance with Article 76, 212 of the Labor Code of the Russian Federation, issue a suspension from work; this period will not be paid (order). And indicate in the order that after clarification of contraindications and recommendations by the medical institution, either transfer options will be offered, or a notification will be issued that the relevant work is not available.

And in the order, write that the employee has the right to contact the medical institution himself to clarify these issues, if he is interested in having his situation resolved quickly.

Those. either you make the request or he will do it himself, to make it faster, give him the right to choose.

And show him, against signature, a document stating that you are making a request to the medical institution to clarify contraindications and recommendations for the proposed work, due to the fact that the medical report does not contain this data.

But what if, in fact, we have no vacancies at all? then we can refuse to transfer him without requiring a medical report or is it better to ask for a safety net? Thank you!

If he has a medical certificate, then there should only be a medical report, Article 73 of the Labor Code of the Russian Federation. Therefore, ask so you don’t have to pay fines and run to the courts, pay forced absenteeism and moral damages.

Tell me, if an employee brought a certificate for light work for a period of 3 months, in this case, what should the employer do? We definitely cannot provide him with any work, since we are optimizing our staff and there are no free rates at all. If the employee did not bring a medical report, we sent him to take this report, the date when he will bring it, we do not know how to formalize this period of absence of the employee? some kind of production order or let him take leave without pay?

If the employee provided the wrong document, you sent him to get a medical report, in fact, you sent him to a medical examination, this is how you arrange it - the medical examination is at the expense of the employers, and during this period the average earnings are maintained.

There is definitely no vacation without pay, because... this leave is only the initiative of the employee, you do not have the right to impose it on him, Article 128 of the Labor Code of the Russian Federation.

However, you can agree to arrange this period as paid leave, but if it has already been sent, then you will not be able to arrange paid leave and pay vacation pay, as established by Article 136 of the Labor Code of the Russian Federation.

An order of a non-unified form.

You could suspend him from work under Article 76 of the Labor Code of the Russian Federation if, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are identified for the employee to perform work stipulated by the employment contract, without retaining his salary Articles 76, 73 of the Labor Code of the Russian Federation, but your document does not meet the requirements - a medical certificate is not a medical report, especially in accordance with Article 73 of the Labor Code of the Russian Federation.

Normative legislative documents do not provide a specific explanation of 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.

Light work for health reasons is recommended 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, 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 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

Poor lighting.
Spraying chemicals.
Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting for a long time in an uncomfortable position, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips. Management has the right to send an employee in this position only with her consent.
Fulfilling statutory obligations at night or after hours, etc.

The employer has the right to employ employees with disabilities in work after hours, on 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 no less than 30 calendar days, which are paid, or unpaid leave of 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:

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).
A written request from a worker in which he confirms his desire to change his working conditions.
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.
An order in a standardized form on the transition of a worker to another activity.
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 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 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 the 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 a 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

Legislation establishes the possibility of preserving the health of the expectant mother and baby through labor protection. It consists of creating special working conditions for a pregnant woman that will contribute to the harmonious, healthy intrauterine development of the fetus. The Labor Code grants the expectant mother not only the right to light work during pregnancy, but also certain financial guarantees, as well as preservation of her job.

Today, women often do not inform their employer about pregnancy for fear of losing their job. But the conditions in which she works can be unfavorable for the development of the fetus and harm its health. 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?

The Labor Code does not contain a clear definition of “light work 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.

Light work implies professional activity that requires less physical effort and does not have an adverse effect on the development of the fetus.

A pregnant woman should not perform work related to:

A woman can exercise her legal right to transfer to light work only after providing the employer with a medical report. Without this certificate, the employer is not obliged to change the working conditions.

Rights and obligations

The main responsibility of the employer is to transfer the 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. The employer cannot terminate the employment relationship with her on his own initiative. If the term of the employment contract has come to an end, then, at the request of the employee, the employer is obliged to extend the agreement.

Conditions

The work of a pregnant woman, regardless of what field she works in, must meet the conditions specified by law. So, in industry, if the activity is related to assembly, sorting, packaging, operations must be automated. At the same time, the employer is obliged to take care of sufficient lighting in the room to prevent eye strain. Light work during pregnancy should completely eliminate increased emotional stress.

A pregnant woman should not work in a draft, with wet clothes and shoes, or with sudden changes in pressure. It should not be exposed to harmful chemicals, aerosols, vibration or ultrasound. During pregnancy, a woman is strictly prohibited from engaging in activities related to pathogens.

The employer is obliged to provide such working conditions that will eliminate the need for an employee to constantly remain in the same position during pregnancy (constantly sitting or constantly walking is prohibited). Also, work cannot be performed in a squatting, kneeling, bending position, or focusing on the stomach or chest.

The professional duties of a pregnant employee cannot be associated with lifting objects from the floor, above shoulder level, or straining the abdominal muscles. A pregnant woman can lift weights (no more than 2.5 kg) no more than 2 times per hour. If such frequency cannot be observed due to technological conditions, then the weight is reduced by half. But within an hour the total weight can be no more than 6 kg. In general, the weight of the load during a shift should not exceed 48 kg.

When performing piecework work, the production rate is reduced by 40%. However, pay for light work during pregnancy is not reduced. If a woman works in agriculture, then during pregnancy she is exempt from work related to livestock and crop production. Moreover, this applies from the first day of confirmation of pregnancy.

Working conditions in the office imply the right of a woman not to work with computers. If this is not possible, then work time should be reduced to 3 hours a day. For women, there is a corrugated footrest and a chair that meets special parameters: rotating, with a headrest, armrests and a high back, which must be adjusted in height.

Peculiarities of work of pregnant women

Features of the 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.

A pregnant woman cannot be fired at the initiative of the employer, even if the woman did not inform him of her situation when she was hired. If an employee was hired for a certain period, but the employment contract has ended, she only needs to write an application to extend the agreement and attach a medical certificate confirming pregnancy. And only after the end of pregnancy, the employer, within a week, can dismiss the employee with whom the employment contract has expired.

But the dismissal of a pregnant woman can be legal in the only case: if the employment contract with her was concluded for the period of performance of the duties of an employee who is temporarily absent from work. The employer is obliged to offer the woman all available vacancies suitable for her. And only in the absence of such can she be fired.

Terms of payment

As soon as a woman presents a medical report indicating that she needs to perform lighter work, the employer is obliged to eliminate conditions that could adversely affect her health and the development of the fetus. When transferring to another job, the salary may differ and not always in a favorable direction for the employee. Light work during pregnancy has specific payment requirements.

The employer must do the following:

if the salary established by the staffing schedule for a new job is lower than the previous one, then the difference is set as an allowance and the full salary is paid;
if the salary at the new job is higher, then a new salary is paid;
if the employee remains at her previous job, but the workload is reduced, then earnings are paid in an amount not lower than the average for the previous period.

Also, a pregnant woman may express a desire to work part-time or a week. This right is reserved to her by law. In this case, the employer is obliged to pay her for her work in proportion to the time worked. All losses of the employer associated with the payment of pregnant women are borne by the employer himself. In this case, the FSS does not reimburse any expenses.

If the working conditions of a pregnant woman include restrictions on working posture, drafts, wet clothes and shoes, changes in atmospheric pressure, low light, high temperature in the workplace (more than 35 degrees), or the need to walk more than 2 km per shift, she has the right to transfer to easier work.

The first step of a pregnant woman in this direction should be to contact her antenatal clinic with her attending physician, who, at her request, is obliged to issue her a medical certificate on the need to transfer to light work. After this, the employee provides the employer with a conclusion and a statement requesting the transfer.

It should be understood that there is no need to negotiate with the employer. Transferring a pregnant woman to light work in the presence of a medical certificate is not a gesture of goodwill, but the responsibility of the employer.

If the employer claims that light work is impossible at this workplace and invites the employee to resign of her own free will, his actions are illegal. According to the code, if an employer cannot provide a pregnant employee with adequate working conditions, she has the right to be absent from the workplace. In this case, the employer pays for all the time missed by the woman for this reason based on average earnings.

If the employer refuses to provide easier working conditions and does not want to pay for the absence of a pregnant woman from work, the employee can defend her rights in court. A woman has the right to refuse to perform work if it threatens her health, and she must notify the employer in writing. After this, you should go to court.

The reality is that an employer is unlikely to be delighted with an employee’s pregnancy, much less with the obligation to provide her with more comfortable working conditions. It will be even more difficult for him to get used to the idea that if he refuses to transfer a pregnant worker to light work, she has the right not to go to work, and the employer will have to pay her the average wage. The main thing in this situation is to know your rights. A medical report and the labor code will help a woman defend them. The court will always take her side, since preserving the health of the expectant mother and baby is a national task.

Useful video about the peculiarities of work of pregnant women

Replies

Problem

They had surgery and stitches. The doctor removed me from sick leave, since they couldn’t keep me for more than 20 days, but gave me a certificate for light work. The personnel accepted the certificate, but did not make the job any easier. Working outside with heavy lifting. What kind of work can I demand from my employer, how will it be paid and what laws should I refer to?

Solution

Hello!

Just a doctor’s certificate does not comply with Article 73 of the Labor Code of the Russian Federation:

An employee who needs to be transferred to another job in accordance with medical report issued in the manner established by federal laws and other regulatory legal acts of the 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 for health reasons.

This can be a medical certificate, but it must be drawn up as a medical report:

Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 N 441n approved the procedure for issuing certificates and medical reports by medical organizations.

A medical certificate and medical report are issued in any form. The certificate is signed by the attending physician and certified by the personal seal of the medical specialist. The medical report is signed by the medical specialists involved in issuing the medical report, the head of the medical organization, certified by the personal seals of the medical specialists and the seal of the medical organization, the imprint of which must identify the full name of the medical organization corresponding to the name specified in the charter of the medical organization.

Based on the above, we can conclude that if a medical certificate is issued as a medical report, then the employer has no right not to accept such a document just because of the name “certificate”.

The Prosecutor's Office of the Penza Region spoke about the procedure for terminating an employment contract in the presence of medical contraindications

The document comments on the procedure for dismissing employees under clause 8 of part one of Art. 77 of the Labor Code of the Russian Federation in connection with the employee’s refusal to transfer to another job, necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work.

The prosecutor emphasized that the basis for offering an employee another job and subsequent dismissal in the event of his refusal or in the absence of vacancies is a medical report, which can be, in particular, the conclusion of a medical and social examination (MSEC) or a clinical expert commission (CEC) .

In order to record the employee’s consent or disagreement to the transfer, it is necessary to draw up in writing an offer to the employee of another job. This document must indicate the job offered to the employee, and also explain the consequences of refusing to transfer to another job. Such a proposal must be brought to the attention of the employee against signature.

If an employee refuses to be transferred to another job, then such refusal can be formalized in the form of a separate document, or recorded in a written offer of another job.

And study Article 73 of the Labor Code of the Russian Federation, what happens to the employee as a result, and how it can end, and how it can end, my second comment from the Garant system gives you an understanding:

And how this is paid is also indicated in Article 182 of the Labor Code of the Russian Federation:

When transferring an employee who, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, needs another job, to another lower-paid job with a given employer, he retains the average earnings for his previous job for 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.

In general, “light work” (although this is not correct) due to illness, and “light work” due to pregnancy are paid differently, if you thought that your earnings would be kept for you, there may be a situation when you simply will not be paid for work .73 Labor Code of the Russian Federation: