Transfer of pregnant women to light work is carried out on the basis of their personal written application, documents from a medical organization. After receiving these documents, the employer is obliged to issue an order, conclude an additional agreement to the employment contract.
The Labor Code of the Russian Federation provides increased protection for female employees during their pregnancy. One of the manifestations of this protection is the imposition of an additional obligation on the employer, who must transfer such a woman to light work. Light labor for pregnant women means a decrease in the production rate, service standards (if there are appropriate standards for a particular job) or the provision of other work in which harmful production factors will not affect the woman. At the same time, the organization is obliged to ensure that such employees retain their average earnings, which is also an additional guarantee for pregnant women.
How is the transfer of a pregnant woman to light labor formalized?
The initiative of transferring to light work in accordance with the provisions of labor legislation should come from the pregnant woman herself, who submits an application to the manager. Copies of medical documents confirming the state of pregnancy should be attached to the application. After receiving these documents, the employer is obliged to issue an order (unified form No. T-5), in accordance with which a temporary transfer of a pregnant woman will be implemented. In addition, an additional agreement is concluded with the woman to the current labor contract, which fixes the new working conditions, its payment. The specific requirements for the job to which a pregnant woman is temporarily transferred should be indicated in the medical certificate.
What to do if there is no temporary job?
In some cases, the organization cannot transfer a pregnant woman to light work due to the lack of work, which is not contraindicated for her for health reasons. Production rates may also not always decrease; for many positions and specialties, these rates are simply absent. In this case, labor legislation imposes on the employer the obligation to release the woman from work. Such an exemption should be implemented immediately after the employee presents documents confirming the need for transfer to light work. At the same time, the company is obliged to pay an average salary to a pregnant woman who is released from work, and the period of exemption continues until the employer has a suitable job for this employee.
