Modern women often do not communicate theirto employers about pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the future mother and child. He says that a woman is entitled to an easy job for pregnancy, Labor Code. How long can I request a translation? Will the salary change? What to do if the employer can not create the necessary conditions for easy work?
Labor Code of the Russian Federation: pregnancy, easy work
Labor legislation does not containdefinition of the term "easy work". However, it obliges all employers, if the employee has a certificate with a medical certificate, to reduce the rate of output specifically for her or to issue a transfer to the appropriate position in order to eliminate the influence of destructive production factors. Light work means professional activity in which an employee spends less physical strength and is not exposed to the harmful effects of the environment.
For pregnant women, the following categories of work are strictly prohibited:
- raising various objects from the floor or above shoulder level,
- weightlifting
- conveyor production
- neuro-emotional stress
- interaction with pathogens of various infections, diseases, harmful substances, IR and UV radiation, radiation, vibration,
- labor under pressure drop conditions.
The basis for transfer to a more benign mode of operation is a medical report from the attending physician. Without it, the employer does not have the right to change working conditions.
Rights and obligations
So, women rely easy work for pregnancy. The Labor Code establishes, in addition to this, the rights and obligations of the employer and the expectant mother.
The main duty of the employer - the implementationtimely transfer of the employee to easy work. If the company’s management is not immediately able to provide the employee with adequate working conditions, and this will take some time, the woman is temporarily released from work. However, the employer is obliged to pay her all the days of absence from the workplace.
A woman is entitled to take annual paid leave. It does not matter work experience. This leave may be granted before or on maternity leave.
Another duty imposes on the employerLabor Code. Easy pregnancy work involves compliance with sanitary requirements. Employer has no right to dismiss a pregnant woman on her own initiative. However, if the contract has expired, it can be extended at the request of the employee.
Conditions
Since it regulates light laborpregnancy Labor Code, its conditions must meet certain requirements of Russian legislation. In the conditions of industrial production operations of assembly, packaging and sorting must be fully automated. The room in which the pregnant woman works should be light enough, dry, without drafts. Labor, as mentioned above, should not be accompanied by psycho-emotional stress. It is also forbidden to constantly be in the same position, sit, walk all the time, stand bent, squat or kneel.
Будущая мама может поднимать грузы весом не more than 2.5 kg and not more than 2 times within an hour. If it is necessary to do this more often under production conditions, the rate drops to 1.25 kg, and in an hour you can lift no more than 6 kg. The weight of the cargo during the entire shift should not exceed 48 kg.
What rules does the Labor Code establish?Easy pregnancy work involves reducing output rates by 40%. If a woman is engaged in agriculture, she is completely exempted from this work. If the work is done in the office, a woman can work at a computer for no more than 3 hours a day. There should be special supports under your feet, and on the chair - head restraints, armrests, seat height adjuster.
Features easy work
Here are the main features of light labor during pregnancy:
- Transfer to light work can only be subject to the conclusion of the attending physician.
- A woman has the right to refuse to work at a computer.
- Does not set a time frame for easy workon pregnancy Labor Code. How many hours can a pregnant employee work? At the request of a woman, it can be transferred to a shorter working week. Labor is paid in accordance with the hours worked, which does not affect the duration of vacations.
- If the employer cannot provide adequate working conditions, the woman receives payment for the days of absenteeism.
- Full vacation time is provided without taking into account the work experience.
- Expectant mother can refuse to work at night, business trips, overtime hours, as well as work on weekends and holidays.
Translation into easy pregnancy work: Labor Code
According to the first part of Article 254 of the Labor Code of the Russian Federation, employers must reduce the development rate of pregnant employees or transfer them to easy work while maintaining their previous earnings.
For the transfer will require not only a medical certificate, but also the drafting of a supplementary agreement to the contract with the employer.
Correct translation
If you rely on the Labor Code, easy work onpregnancy is made only with the consent of the employer and employee. The document is made in writing. The employer introduces the employee to the proposal for transfer under her painting. Upon receipt of consent to transfer to another position, a separate statement is written.
Translation offer
Signing a job offer results inthat changes not only the duties and working conditions of the employee, but also the amount of earnings. According to Article 254 of the Labor Code, its minimum size should be equal to the average earnings. Every month, while the employee is transferred to easy work, the payroll is compared in accounting.
After signing the job offer is publishedthe corresponding order. The worker must be acquainted with the signature not only with him, but also with the job description and other regulatory documentation. Record in the workbook is not required if the transfer is temporary.
Income tax and insurance premiums
The following monthly deductions are paid from a pregnant employee’s salary:
- income tax,
- insurance premiums.
In this case, all payments are charged additional insurance premiums.
Salary
Sets the wage rate for easypregnancy work 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 government regulations of December 24, 2007. Its amount is set in accordance with the actually accrued wages and hours worked for the last 12 months, which preceded the moment of signing the agreement. The basis is the average daily wage, which is calculated by dividing the entire amount paid by the number of days to work. The average salary is determined by multiplying the daily standard by the number of days worked.
Useful recommendations
Medical certificate issued in femaleconsultation. It should be understood that it is not necessary to negotiate with the employer about 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 worker, and offers to write an application for dismissal on her initiative, such actions are considered illegal. In accordance with the Labor Code, the employer, when it is impossible to ensure proper conditions, is obliged to pay the employee forced time off. In the event of a refusal to provide light labor and the above payments, the rights of the worker may be defended in court.
Outcomes
Найти работодателя, который приходил бы в восторг from the "interesting position" of their employees, at all times it was not easy, especially when it comes to "private traders". However, there is a Labor Code. Easy labor on pregnancy, according to this legal document, every future mommy deserved. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this or must pay for the days of forced work of an employee. The basis for the transfer is the conclusion of the doctor.
