Some categories of workers are entitled to transfer to easier work in connection with the state of their health. The basis for the transfer is a medical report that was submitted to the organization. This is a certificate for easy work.
There are a number of rules for arranging a transfer of an employee to easier work for medical reasons. However, legislative acts do not have a specific definition of light labor. This concept implies the possibility of transferring an employee to some other job with more comfortable conditions for fulfilling his professional duties due to a medical report.
Grounds for translation
There can be various reasons for the transfer: pregnancy (a certificate is issued for easy labor during pregnancy), caring for a child up to one and a half years old, work-related injury, serious illness or surgery. If the employer refuses to transfer the employee, this will be considered a violation of the law.
If an employee needs a transfer to easier work (a certificate of easy work due to health reasons will confirm this), then he is not able to perform professional duties without taking actions that are contraindicated to him.
Translation procedure
The transfer procedure is carried out with the consent of the employee in writing in accordance with Article 73 of the Labor Code. This opportunity is especially relevant for representatives of working professions, drivers and workshop specialists and others.
Article 73 of the Labor Code of the Russian Federation on the transfer of an employee to another job in connection with the conclusion of physicians
An employee who needs to switch to an easier job in connection with honey. conclusion - a certificate of light work, issued in the manner established by federal law and other regulatory legal acts of Russia, with his written consent, the employer must transfer to other work that is available to him, which is not contraindicated for the employee due to his state of health.
Several forms of providing a medical opinion are possible:
- The opinion of the medical commission or attending physician issued in accordance with Federal Law No. 323-F3 of November 21, 2011, which deals with the protection of the health of Russian citizens.
- An ITU certificate and an individually developed program for the rehabilitation of a disabled person, which is issued at the bureau of medical and medical examination if the employee is recognized as disabled.
- Rehabilitation program for an employee who suffered from an industrial accident and occupational disease.
- The conclusion of the institution of medical and prophylactic profile, which conducts a medical examination of the employee on a mandatory basis, which is defined in Order of the Ministry of Health and Social Development of Russia No. 302n dated 04/12/2011, approving the list of dangerous and harmful work and production factors, the implementation of which requires mandatory periodic and preliminary medical examinations and the Procedure for periodic and preliminary mandatory medical examinations of employees who are engaged in heavy or hazardous and (or) hazardous working conditions.
- Honey. a conclusion issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated 2.05.2012, approving the Procedure for issuing medical reports and certificates by a medical organization after examining a citizen, including a commission.
Thus, this article determines what kind of certificate for easy work is issued to this or that employee.
Grounds for suspension from work
It can be said that a properly executed opinion issued by the attending physician may serve as the basis for transferring to work that is not contraindicated to the employee, or may become the reason for dismissal, in accordance with clause 8 part 1 of article 77 of the Labor Code of the Russian Federation in the absence of an appropriate vacancy.
In the event that an employee who, according to a medical certificate, needs to be transferred for another time (up to 4 months) to another job, refuses such transfer, or the employer cannot provide the corresponding job, he is obliged to remove the employee for the entire period specified in the certificate for easy work, while maintaining his position and place of work. If the employee is removed, he is not charged salary.
The exception is cases provided for by this Code, other federal laws, labor contracts, agreements, and collective bargaining agreements.
Cases of switching to another job exceeding 4 months
In the case when the employee, in the presence of a certificate of transfer to easy work, needs to switch to another job for a period exceeding 4 months or permanent, then in case of refusal of such a transfer or in the absence of a suitable vacancy for the employer, the employment contract is terminated, according to clause 8 h. 1 tbsp. 77 of the Code.
With the heads of enterprises or organizations, representative offices, branches, with chief accountants and deputy leaders, the employment contract is also terminated in case of refusal of such a transfer, or if there is no suitable work, according to paragraph 8 of Part 1 of Art. 77 of the Code. The employer also has the right, with the written consent of the employee, to remove him from work for the period specified in the agreement of the parties. Salary in such a period of suspension is not accrued to the employee. Exceptions are cases provided for by this Code, other federal laws, labor contracts, agreements, and collective bargaining agreements. Medical workers have a sample certificate of easy work.
When translated for medical reasons
An employee is transferred according to a medical certificate in cases where he is not able to perform professional duties at his workplace for the reasons listed below:
- personal injury or injury;
- pregnancy;
- injuries or injuries;
- disability;
- the presence of disease;
- transferred operations.
For example, a production employee who has undergone back surgery has the right to demand a change of duty if he has a certificate of easy work for health reasons in order to exclude a negative effect on his back. A person who injured his hand can also be transferred to another type of activity, which allows not to use the damaged limb, and so on.
Maternity Light Help
Most often translated for medical reasons pregnant women. There is a special set of rules that is aimed at determining the professional conditions acceptable for this category of employees, namely the hygienic recommendations for the rational employment of pregnant women.
A woman can be transferred if the following adverse conditions exist in her place:
- night shift work, overtime and more;
- bad light;
- frequent trips on business trips, which during pregnancy can only be with the consent of the employee;
- aerosol spraying;
- emotional and nervous tension;
- Vibration
- physical stress: sitting in an uncomfortable position, carrying heavy loads, a long stay in a standing position, and so on.
Involving people with disabilities
People with disabilities can be involved in work on weekends and holidays, overtime work only by their consent, and if there is no harm to their health. In particular, this category of workers has the right to receive annual paid leave for at least 30 days or at their own expense for at least 60 days.
What documents do I need to provide for translation?
For an employee to be transferred to easier work, he needs to draw up the following documents:
- Honey. the conclusion that the employee provides, and it confirms his right to switch to easy work, for example, pregnant women provide a certificate from a gynecologist with a specified period.
- A statement by the employee in which he agrees in writing to the transfer. Add. agreement to the contract indicating the duration and new conditions for the performance of duties.
- Order for the translation of a unified form.
- Record in a personal card and work book.
Rules for registration
How is an employee transferred to light work? During the execution of the translation, it is important to take into account some points fixed by law that determine how long a certificate for easy work is issued:
- During the entire period until the head decides on the transfer of the employee to light work in connection with honey. conclusion, the latter retain his average earnings. Also, a person may not perform the previous work in full if they are contraindicated for him due to his state of health.
- If we are talking about a pregnant woman, then her transfer must be completed before the end of the pregnancy period. For the entire period, she retains her average earnings, which she received in the previous place.
- If it is necessary to transfer to light work due to an industrial injury or the development of an occupational disease, the average earnings of an employee are maintained until his recovery or determination of the loss of prof. legal capacity.
- When an employee needs to switch to light work for a period of up to 4 months, while the person refuses the options that are offered to him, or the employer cannot offer options for transfer, the employment contract is terminated. In this case, the employee is paid severance pay, which is equal to his average earnings for 2 weeks.
- When an employee needs to switch to light work for a period of more than 4 months, while the person refuses the options that he is offered, or the employer cannot offer options for transfer, the employment contract is terminated. In this case, the employee is paid severance pay, which is equal to his average earnings for 2 weeks.
- After the expiration of the period of transfer to easy labor, which is specified in add. agreement to the contract, the employee returns to his former place of work.
- If the period specified in the supplementary agreement has expired, and the employee remains in the place where he was transferred and does not mind, then the period specified in add. agreement loses force, and the employee remains in a new place on an ongoing basis.
Conclusion
So, we can conclude that in the presence of a medical certificate, some categories of employees can be transferred to easy labor. To carry out such a transfer, you need to draw up documents and comply with the conditions established by law.
If you are constantly feeling unwell, which interferes with normal working life, then perhaps you should see a doctor.
What is a certificate for easy work, we examined.