The labor legislation of the Russian Federation establishes the obligation of any employer to transfer a pregnant employee to light work at her written request. However, many organizations find it difficult to determine light labor conditions suitable for pregnant women.
Pregnant women enjoy increased protection in their relationships with employers. One of the practical manifestations of such protection is the obligation of the organization to transfer such a woman to light work at her first written statement. If there is no easy work in the company, then the employee will have to be suspended for the entire time until a suitable job appears, and the employer will be obliged to pay her the average earnings for the period of suspension. The main difficulty in transferring a woman to light work is to determine the conditions of such work.
What is contraindicated in pregnant women?
General restrictions on the use of the labor of pregnant women are enshrined in SanPiN 2.2.0.555-96, which were approved in 1996. In addition, additional restrictions may be contained in the medical report of a pregnant woman, which a specialized specialist makes, taking into account the peculiarities of the course of pregnancy. So, pregnant women should not perform labor operations associated with the need to lift objects above the level of the shoulder girdle, lifting objects from the floor. It is not allowed for such employees to perform work related to the tension of the muscles of the legs, abdominal press. The organization should take into account the maximum standards of working operations per unit of time, the maximum standards of the loads lifted and moved by a pregnant employee. These standards are approved by the document indicated above, and their non-observance is considered a serious violation of the current legislation.
What to do if the work performed meets all the requirements?
If the specialized specialists of the organization checked the working conditions of a pregnant woman and found that they meet all the requirements for light labor, then, at her request, the production rates or service rates should be reduced. Such a decrease means that a woman will do less work in the same period of time, but the employer is not entitled to reduce her wages or take any disciplinary action in connection with these circumstances. Moreover, the transfer to light work or the reduction of the relevant standards must be formalized by the appropriate order of the head of the company, and the regulatory authorities, during any inspection, may require this document, inspect the working conditions of a pregnant employee.
