What you need to know when transferring to light work for health reasons according to the Labor Code of the Russian Federation - registration and payment. What to do if a certificate for light work is given but there is no work Transfer of an employee based on a medical certificate

Light work due to health reasons of the Labor Code of the Russian Federation. Some workers can, on legal grounds, be transferred to light work for health reasons.

To do this, you must provide a medical report.

And although the law does not define light labor, the employer does not have the right to refuse such benefits, since this is a direct violation of the law.

Reasons for transition:

The reasons may be different: pregnancy (presence of a child under 1.5 years old), injury/injury at work, illness or surgery.

The transition procedure is carried out only with the written consent of the worker.

Pregnant women are the ones who switch to light work the most; this happens most often.

Poor working conditions may be the basis for changing your job profile:

• Poor lighting.
• Working with spray aerosols.
• Work associated with physical strain.
• Presence of nervous tension and stress.
• Multiple business trips. Traveling a pregnant woman is permitted only with her consent.
• Perform duties overtime or at night.

People with disabilities can be recruited to work overtime, on holidays and on weekends only if they give their consent, provided that this does not cause damage to their health.

Package of documents.

In order to switch to light work, you need to draw up a number of documents:

1. Honey. certificate
2. Application in writing with his consent.
3. An additional agreement to the employment agreement, which specifies new conditions and terms of transition.
4. Transfer order.
5. Entry in the work book and in your own card.

Design rules:

When switching to light work, there are a number of important points:

Transfer to light work

While the issue of transfer is being decided, according to honey. In conclusion, the worker remains paid at the average rate.

Also, the transferred employee has the right not to fulfill the obligations that were previously imposed on him.

Regarding the issue of transferring a pregnant woman, the change in activity will take place until the pregnancy ends. She will also retain her average salary.

If an employee moves to a position with a lower salary (based on a medical certificate), then he retains the average salary for one month.

When the basis for transfer to light work was an industrial injury, or prof. illness, then the average salary is retained until the loss of professional suitability is determined, or until he recovers.

In the event of a change of activity for a period of up to four months, and the employee does not have suitable options or there are none, then he remains in a position without salary until he returns to the workplace.

In the event of a change of activity for a period of four months, and the employee does not have suitable options or there are none, then the employment contract with him is terminated. Upon dismissal, he has the right to receive severance pay equal to two weeks of average salary.

After the period of light work ends, the employee returns to his previous obligations.

As you can see, a medical certificate makes it possible to switch to light work.

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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.

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.

Current Russian legislation also considers such an aspect of work activity as light work for health reasons or for pregnant women. Mostly light work for pregnant women or for health reasons is regulated by the Labor Code. All participants in labor relations should know how to obtain a certificate for light work due to health reasons, and what are the responsibilities of the employee and employer in this aspect of activity.

Light work for health reasons - Labor Code of the Russian Federation and legislative standards

The situation when any health problems can interfere with full-time work activity occurs quite often, and no employer or employee is insured against such cases. Accordingly, in order to ensure the protection of workers' rights and prevent the aggravation of their problems, the legislation of the Russian Federation provides certain benefits and guarantees for such citizens. One of them is light work due to health reasons.

The term “light labor” is not directly provided for in Russian legislation. However, it assumes the employee’s right to move to another position where he can work without endangering his health, and also provides for other legal mechanisms by which the problem in question can be resolved.

Legal regulation of the provision of light labor for health reasons in the Labor Code of the Russian Federation is ensured by the provisions of the following articles:

• Art.73. This article regulates all general cases in which light work is provided for health reasons, as well as the procedure for actions of workers and employers in various situations and their mutual rights and obligations.
• Article 77. The provisions of this article address the issue of employees, including in those situations where continuation of work turns out to be impossible due to the relevant medical report.
• Article 254. This article provides special legal regulation of light work for pregnant women, including additional guarantees that pregnant workers have in connection with their status.

Legislative standards regulate not only light work for health reasons. There are also separate regulatory documents that limit physical activity on various categories of workers, primarily on minor workers.

Light work for health reasons – how and when it is provided

According to the requirements of Article 73 of the Labor Code of the Russian Federation, the employer is obliged to provide light work for health reasons in cases where the impossibility of work under current conditions is indicated by a medical report presented by the employee. It is necessary to understand that the employer is seriously limited in his actions in this situation. Namely, if an employee brings a conclusion - a certificate for light work due to health reasons, then the employer is obliged to:

Providing a medical report on the employee’s condition is in most cases his right, not his obligation. The exception is situations when an employee, due to legal requirements, is required to undergo regular medical examinations.

It should be noted that the employer and employee can, by agreement with each other, implement other methods for resolving situations that arise. The main requirements in this case are the absence of a violation or reduction of the employee’s rights in accordance with legislative standards, and the prevention of the employee’s work in conditions that are contraindicated by a medical certificate. For example, an employer may provide for the payment of additional funds to the employee during his suspension, or extend the period of suspension from work even after the expiration of a four-month period.

It must be remembered that other standards apply to pregnant women that affect the issue of providing them with easy work. And the employer has no right to dismiss such employees for the above reasons.

In matters of setting wages for employees who are transferred to light work for health reasons, the employer is not obliged to ensure payment to them. He has the right to use the rates established at the enterprise for those positions for which the employee may apply.

Light labor for pregnant women and its legal regulation

The legal regulation of light labor for pregnant women under the Labor Code is ensured by the provisions of a separate article, therefore the above standards, applied in general cases, are unacceptable for use in relation to expectant mothers. However, there are some basic similarities in both cases. Thus, light work during pregnancy is provided at the request of the employee with the presentation of a corresponding medical report. But in relation to such workers, a number of the following nuances and restrictions on the rights of the employer apply:

The legislation extends similar requirements not only to light work for pregnant women, but also to mothers with children under 1.5 years of age.

An employee cannot perform obligations that are directly or indirectly contraindicated by a doctor. Any attempts to force him to do work harmful to his health after the transfer violate the Labor Code of the Russian Federation.

Light activity or light labor - transfer of a worker for 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 only be involved in overtime work 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.

Salary 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.

How to get a medical certificate

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

1. 1. Having a disability. In our case it will be acquired disability, preventing the employee from performing his duties in full.
   2. Pregnancy. The most common reason for leaving for another position is light work. We have already discussed pregnancy as a reason for lightening the load in another article.
   3. Long-term rehabilitation after operation. These include, for example, spinal surgery.
   4. Some types 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.

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.

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.
• Statement in free form or according to the company’s model, 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:

1. The first step is for the employee to provide the employer with statement about translation in free form along with the original certificate.
2. The employer reviews the application and signs suspension order.
3. In addition to the general director, the document is certified by the chief accountant and all direct management of the employee.
4. The director may then provide proposal for transfer to a position in writing, indicating the salary and replacement period. The employee may or may not sign the offer.
5. The translation is made in accordance with Art. 72 of the Labor Code of the Russian Federation and entails change in employee responsibilities, place of work and salary. All these changes are noted in the additional agreement to the employment contract.
6. Compiled order in standard (T-5) form on 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.

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%.

Transfer deadlines

Transfer to light work can last either limited (in case of illnesses and injuries) or 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.

Useful video

Watch a video about what to do if work is contraindicated for health reasons and how to transfer an employee to another job for medical reasons:

In contact with

The employee must draw up an application addressed to the head of the company and indicate in it the request for transfer to another job (temporarily or permanently) in connection with a medical report. He must attach a copy of the medical institution’s report to the application. Based on these documents, the company issues a transfer order in form No. T-5 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

If an employee needs another job, according to a medical report, temporarily (for a period of up to four months), but refuses the transfer, the company is obliged to suspend him from work for this time. At the same time, she retains the employee’s place of work and position. During the period of suspension from work, the employee, as a rule, is not paid.

Temporary suspension of an employee

The company issues an order to temporarily suspend the employee without pay. It indicates the period during which the employee will not work. The basis for the order is a medical report. The order is signed by the head of the company and the employee. The same should be done if an employee temporarily (up to four months) needs another job, but there are no suitable vacancies at the company.

The order can be issued like this.

Example of an order

If, for medical reasons, an employee needs a temporary transfer for a period of more than four months or a permanent transfer, the company is obliged to offer the employee a job that is not contraindicated for him. However, if there is no such work, the company does not have the right to leave him in his previous place. In this case, the employment contract with the employee must be terminated. The same should be done when an employee himself refuses to be transferred from a job that is prohibited for him for health reasons.

The basis for termination of labor relations in these cases is clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation.

Nuances for leadership positions

These rules apply to all employees of the company, however, for managers, their deputies and chief accountants, the law establishes additional nuances. If such employees require temporary or permanent transfer for medical reasons, the company has the right not to dismiss them, but, with written consent, to suspend them from work for a period agreed upon by the parties.

To do this, the employee must write a statement and indicate in it that he agrees to be temporarily suspended from his work. This is what an employee does in the case when the company cannot offer him a place that matches the medical report, or when he himself refuses the transfer.

The application can be completed as follows.

Example of an application

Based on the application, the personnel officer must issue an order to temporarily remove the manager, his deputy or chief accountant from their position. In this case, the parties do not terminate the employment contract.

During the period of suspension from work, the employee, as a rule, is not paid.

The order can be issued like this.

Example of an order

Transfer to a lower paid job

If an employee is transferred for health reasons to another, lower-paid job in the same company, he will retain his previous earnings for one month from the date of transfer.

If the transfer is made in connection with a work injury, occupational disease or other work-related health damage, then the previous salary is paid until recovery or permanent loss of ability to work (Article 182 of the Labor Code of the Russian Federation).

When is severance pay paid?

If a company terminates an employment contract due to the employee’s refusal to transfer or the lack of a suitable vacancy, upon dismissal, this employee is paid severance pay. Its amount is calculated based on a two-week