Transfer to another job on a medical report. Transfer of an employee to another job for health reasons. Dismissal for medical reasons

27.03.2020

Procedure

Obtain a medical certificate confirming that the employee needs to be transferred to another job for a period of more than 4 months or in a permanent transfer

Suspend an employee from work

In the offer of vacancies, the employer must include the entire list of available vacant jobs that an employee can perform taking into account the state of health and qualifications (as vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job). The offer of vacancies is made in writing in two copies. On the copy of the employer, the employee must sign to confirm that he received it.

Obtain consent from the employee for the transfer

The consent of the employee to transfer to another job is drawn up in writing in the form transfer statements or indicated by the employee on the offer of vacancies.

Familiarize the employee against signature with local regulations related to the new job

The employee must be made aware of job description, working hours, working conditions and other local regulations associated with a new job.

The fact of familiarization with local regulations is confirmed by the signature of the employee on the familiarization sheet indicating the last name, first name, patronymic, date of familiarization and affixing a personal signature. In addition, a note on familiarization can also be made in the employment contract indicating the name of each document.

When transferring an employee in accordance with a medical report to another lower-paid job, this employer he keeps average earnings at the previous job within one month from the date of transfer, and in the case of transfer due to an industrial injury, occupational disease or other work-related damage to health - until a permanent loss of professional ability to work is established or until the employee recovers.

The agreement is drawn up in duplicate and signed by the employee and the employer. One copy is given to the employee. A copy kept by the employer must contain the signature of the employee on receipt of his copy of the supplementary agreement.

Familiarize the employee with the order to transfer to another job against signature

The order should be printed and familiarized with the employee against signature - at the bottom of the order, the employee must sign and put the date of familiarization.

Section 3 of the personal card must be filled out according to the following model:


the date	Structural subdivision	Position (specialty, profession), category, class (category) of qualification	Tariff rate (salary), allowance, rub.	Base	Personal signature of the owner of the work book
1	2	3	4	5	6
02.08.2013	Transport Service	Driver	20 000	Order No. 2k dated 02.08.2013	signature
06.12.2013	Dispatching service	Dispatcher	20 000	Order No. 4k of December 6, 2013	signature

Make an entry on the transfer of an employee in the work book

AT work book an entry is made: “Transferred to the position “Position name.” The name of the structural unit is indicated when transferring to another structural unit.


record number	the date					Information about hiring, transfer to another permanent job, qualification, dismissal (with indication of the reasons and reference to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
record number		number	month	year
1	2					3	4
				Limited Liability Company "Romashka" (LLC "Romashka")
1	02	08	2013	Joined the transport service as a driver	Order No. 2k dated 02.08.2013
2	06	12	2013	Transferred to the dispatching service as a dispatcher	Order No. 4k dated 06.12.2013

The basis can be industrial injury, surgery or serious illness, pregnancy, having a child under 1.5 years old.

An employer's refusal to provide such a benefit is a violation of the law.

Transfer of an employee to light labor for health reasons means that a person will be able to fulfill his professional duties without performing actions that are contraindicated for him for health reasons.

The procedure is carried out with the written consent of the employee Art. 73 TK. Such an opportunity is especially relevant for representatives of working professions, shop specialists, drivers, etc.

Labor Code of the Russian Federation. Article 73. Transfer of an employee to another job in accordance with a medical report An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons.

If an employee who is in need of a medical certificate during temporary transfer to another job for a period of up to four months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to remove the employee from work for the entire period specified in the medical report, while maintaining the place of work (position). During the period of absence from work wage the employee is not accrued, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, an employment contract.

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, then if he refuses to transfer or the employer does not have the appropriate job labor contract is terminated in accordance with paragraph 8 of the first part of Article 77 of this Code.

An employment contract with the heads of organizations (branches, representative offices or other separate structural subdivisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate job, is terminated in in accordance with paragraph 8 of the first part of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employees, except for the cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

Cases of transfer for medical reasons

The transfer of an employee in accordance with a medical report is due to employees who cannot perform their professional duties in the same place the following reasons:

Pregnancy.
Disability.
Transferred operations.
The presence of diseases.
Getting hurt or injured.
Injury or injury at work.

For example, a worker in a manufacturing facility who has undergone back surgery may require a change of duties to eliminate negative impact on the back. Or a person who has injured his hand may be temporarily transferred to an activity that will allow him not to use the injured part of the body, etc.

Most often, the medical indication for translation is the pregnancy of women.

There is a special set of rules aimed at determining acceptable professional conditions for this category of employees - "Hygienic recommendations for the rational employment of pregnant women."

A woman can be transferred if there are the following unfavorable conditions:

Bad light.
Spraying aerosols.
Vibrations.
Physical stress (carrying weights, standing for a long time, sitting in an uncomfortable position, etc.).
Nervous and emotional stress.
Frequent business trips. You can send a pregnant employee on a business trip only at her request.
Performance of duties at night and overtime, etc.

Persons with disabilities may be required to work overtime, professional activity on holidays and weekends only with their consent and in the absence of harm to their health.

The documents

To transfer a person to an easy form of activity the following documents are required:

A medical report provided by the employee and confirming his right to be transferred to light work due to pregnancy in accordance with the labor code (certificate from a gynecologist indicating the period).

Light work for health reasons shopping mall rf. Some of the workers may legal grounds, transfer to light work for health reasons.

To do this, you must provide a medical certificate.

And although there are no definitions of light work in the law, nevertheless, the employer does not have the right to refuse such benefits, since this is a direct violation of the law.

Reasons for switching:

The reasons may be different: pregnancy (the 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.

Most of all, pregnant women switch to light work, this most often happens.

The reason for changing the profile of work may be poor working conditions:

Poor lighting.
Working with spray aerosols.
Work associated with physical stress.
The presence of nervous tension and stress.
Multiple business trips. It is allowed to send a pregnant woman only with her consent.
Perform duties overtime or at night.

People who have a disability can be involved in overtime work, on holidays and on weekends only if they give their consent to this, provided that this does not cause damage to health.

A package of documents.

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

Honey. help.
Appeal in writing with his consent.
Addendum to labor agreement, where the new conditions and terms of the transition are indicated.
Transfer order.
Entry in the work book and in your own card.

Design rules:

There are a number of important points to consider when transitioning to light work:

Transfer to light labor

At the moment, while the issue of transfer is being decided, according to honey. conclusion, the worker is 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 of activity will take place until the end of the pregnancy period. She will also keep her average salary.

If an employee moves to a position with a lower paid salary (according to a medical certificate), then the average salary is retained for him for one month.

When the basis for the transfer to light work was an industrial injury, or prof. disease, then he retains the average salary 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 at the same time, the options are not suitable for the employee or there are none, then he will remain in the position without salary until he returns to the workplace.

In case of replacement of activities for a period of four months, and at the same time, the options are not suitable for the employee or there are none, then the labor contract. Upon dismissal, he has the right to receive severance pay equal to two weeks of average salary.

After the end of the period of stay in light work, the employee returns to his previous obligations.

As you can see, the medical report makes it possible to switch to light work.

, sample:

There are no related posts.

The regulatory legislative documents do not spell out a specific explanation of the term "light activity". This term implies the likelihood of a worker moving to another job in accordance with more convenient circumstances for him to fulfill his statutory obligations.

The reason for such a transition may be an industrial injury, an operation, pregnancy, a serious illness, the presence of a child in the family up to one and a half years. If the boss evades the execution of such under these conditions, this is a direct violation of the law.

Light work for health reasons is indicated for people with disabilities

During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, agreements, and an employment contract.

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, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with clause 8 of part one of Article 77 of this Code .

The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the said employees, with the exception of cases provided for by this Code, other federal laws, a collective agreement, an employment contract.

Cases of transition to easier working conditions for medical reasons

Transfer to light work - for pregnant women

The transition of a worker to an easier activity on medical grounds implies that he will be able to fulfill his statutory obligations without doing anything that is not recommended by the doctor in his state of health.

Such a procedure takes place with the obligatory written consent of the worker in accordance with Article 73 of the Labor Code. Such an opportunity is extremely significant for workers in working specialties, workers in workshops or factories, drivers, etc.

The transfer of a worker on the basis of health status is granted to employees who are unable to fulfill their statutory obligations at their current place of work for the following reasons:

The presence of operations of a certain type.
Diseases of a certain type.
The presence of bodily injury and mutilation.
The presence of injuries and injuries that were received directly at work.

For example, a worker in production underwent an operation on the spine. He has the right to apply to management with a request to move to another job where there will be no adverse effect on his back. Or a worker with a leg injury may be temporarily assigned to a position that will make it possible not to use this part of the body, etc.

Often the reason for the transition to another type of work is the pregnancy of a woman. There is a specialized list of rules that fixes the established allowable conditions labor for this group of workers.

To switch to light work, you need to provide a medical certificate

Weak lighting.
Pulverization of chemicals.
Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting in an uncomfortable position for a long time, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips. Management has the right to send an employee in such a position only with her consent.
Fulfillment of statutory obligations at night or after hours, etc.

Employees with disabilities, the employer has the right to engage in work after hours, during holidays or weekends only with their approval and if it is impossible to cause damage to their health.

In particular, this group of employees has no less than 30 grounds calendar days paid, or unpaid leave of at least 60 days.

Required package of documents

To transfer a worker to an easier type of work, you need to prepare the following package of documents:

Medical certificate. The worker is obliged to provide it to the employer, and it is the basis for his transfer to an easier area of work due to pregnancy, guided by the Labor Code of the Russian Federation (conclusion of a gynecologist with a prescribed gestational age).
Written appeal of the worker, in which he confirms his desire to change the working conditions.
An additional agreement to the employment contract, in the body of which the updated conditions for the fulfillment of statutory obligations and the period of such a transition are prescribed.
Order of a standardized form on the transition of a worker to another activity.
Making an entry in and personal card.

The procedure for making the transition

The employer is obliged to go "to meet" the employee in need of easy working conditions

How to transfer a worker to easier working conditions, guided by his state of health? When performing such a transfer of an employee, it is necessary to take into account the following points fixed by law:

During the period when the management of the enterprise makes a decision to transfer the employee to another position based on a medical diagnosis, the employer is obliged to keep the average salary for the employee. The employee during this period, on the basis of the law, may not fulfill the previous obligations that are contraindicated for him based on his state of health.
In the situation of a woman who is carrying a child, the change in the type of activity will take place before the end of the pregnancy. For such an employee, the employer undertakes to keep the average salary that she received in her previous position for the entire specified period.
When a worker moves to a position with a lower salary on the basis of a medical diagnosis, the employer undertakes to keep the average salary of the previous meta activity for 1 month.
If the reason for changing the activity to an easier one is an injury received at work or the appearance of an occupational disease, the employer undertakes to keep the average salary for him until the stage of establishing an uncompromising loss professional suitability or until complete recovery.
If a worker needs to change the type of activity for up to 4 months, but at the same time rejects the options provided or the management of the enterprise has no options for his arrangement, then his current position is retained for him without payment of a monetary allowance until he returns to the workplace.
If a worker needs to change the type of activity for a period of more than 4 months, but rejects the options offered to him or the management of the enterprise does not have options for his arrangement, then the employment contract with him ceases to be valid. The worker in this case is obliged to receive severance pay upon dismissal, which is approximately equal to the average salary for 2 working weeks.
At the end of the period of transition to easier conditions of activity specified in additional agreement to the employment contract, the worker undertakes to start fulfilling the previous statutory obligations.
If the period of transition to easier working conditions fixed in the additional agreement has ended, and the employee fulfills the statutory obligations at the previous place of work and does not protest about it, then the period fixed in the agreement becomes invalid and the transition to a new position becomes permanent.

Based on the foregoing, the presence of an appropriate medical diagnosis makes it possible for several groups of workers to change their activity to an easier one. For such a transition, it is necessary to collect a certain

Weak lighting.
Pulverization of chemicals.
Efforts of a physical nature (lifting heavy objects, standing for a long period, sitting in an uncomfortable position for a long time, etc.).
The presence of emotional stress and nervous tension.
The need for multiple business trips. Management has the right to send an employee in such a position only with her consent.
Fulfillment of statutory obligations at night or after hours, etc.

How and in what cases, according to the Labor Code of the Russian Federation, it is possible to issue a transfer to light work due to pregnancy or other work for health reasons in accordance with a medical report

Bad light.
Spraying aerosols.
Vibrations.
Physical stress (carrying weights, standing for a long time, sitting in an uncomfortable position, etc.).
Nervous and emotional stress.
Frequent business trips. You can send a pregnant employee on a business trip only at her request.
Performance of duties at night and overtime, etc.

For example, a worker in a manufacturing facility who has undergone back surgery may require a change of duties to avoid adverse effects on the back. Or a person who has injured his hand may be temporarily transferred to an activity that will allow him not to use the injured part of the body, etc.

Transfer to light work

general deterioration of health, unrelated to production;
general deterioration in the state of health associated with work (injury, Occupational Illness or other damage to health received in connection with the performance of labor duties);
pregnancy.

Occupational Illness- a chronic or acute illness caused by exposure of a worker to harmful production factors in connection with the performance by the employee of his labor (official) duties (paragraph 53) of paragraph 1 of Art. 1 of the Labor Code of the Republic of Kazakhstan), for example, poisoning resulting from exposure to hazardous and harmful production factors and substances.

Help for light work for health reasons

There can be various reasons for the transfer: pregnancy (a certificate is issued for light work during pregnancy), caring for a child up to one and a half years old, an industrial injury, a serious illness or an operation. If the employer refuses to transfer the employee, this will be considered a violation of the law.

In the event that an employee, according to a medical report, who needs to be transferred for some time (up to 4 months) to another job, refuses such a transfer, or the employer cannot provide the appropriate job, he is obliged to suspend the employee for the entire period specified in the certificate on easy work, while maintaining his position and place of work. If an employee is suspended, he is not paid a salary.

Transferring an employee to light work

1. Obtaining a medical certificate issued in accordance with the procedure established by federal law or other regulatory legal act of the Russian Federation, according to which the employee has contraindications for performing work stipulated by the employment contract.

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have the corresponding job, the employer is obliged to remove the employee from work for the entire period specified in the medical report while maintaining the place of work ( positions). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, and an employment contract.

Light work for health reasons

If the employee, in connection with the deterioration of his health, received the conclusion of the medical and social expert commission (MSEC) or the medical advisory commission (MCC) on the need to transfer to an easier job and submitted them to personnel service, together with the head of the structural unit where the employee works, it is necessary to decide on the position that the employee can occupy in accordance with medical recommendations.

Based on the received medical documents and the application submitted by the employee, an order is prepared to transfer the employee to an easier job. In order indicate the position to which the employee is being transferred, the term of the transfer (temporarily or permanently) and the terms of payment ( Appendix).

Transfer of a pregnant woman to light work

“Light work” usually means a lot (transfer to another position, part-time working time(not under Art. 93), reduction in the rate of output, refusal of the proposed transfer with release from work while maintaining average earnings, etc.), and the positions of the pregnant employee and the employer may differ. When disagreements between the parties cannot be resolved peacefully, most often a pregnant woman goes to court to protect her rights. And the court will decide whether the parties correctly understood the “transfer to easy work”, including the provisions of Art. 254 of the Labor Code of the Russian Federation.

The main condition for the implementation of part-time work is the achievement of an agreement between the employee and the employer, fixed in writing by the signatures of both parties and which is an integral part of the employment contract concluded by the parties earlier. At the same time, based on the provisions of Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time (shift) or part-time working week at the request of a pregnant woman. Plaintiff did not make such a request in writing.

What to do if there is no easy work at the enterprise

If the question is from the point of view of the employee, decide for yourself what is more important to you - health or work .. And depending on the choice, either hide the recommendations of the doctor at work (the personnel officer and the director are not required to be detectives and investigate who and what certificate did not convey to them or quit and look for another job.

Full preservation of average earnings - until recovery or until a permanent disability is established - is only due if the employee's illness has arisen in connection with an industrial injury, or it is occupational, or the damage to health is in any way related to work.

Light work for health reasons or pregnancy

A situation where any health problems can prevent the implementation of a full labor activity, occurs quite often, and not a single employer or employee is insured against such cases. Accordingly, in order to ensure the protection of the rights of workers 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 for health reasons.

Legal regulation of light work for pregnant women Labor Code provided by the provisions of a separate article, so the above standards applied in common cases, use in relation to expectant mothers is unacceptable. However, there are some basic similarities in both cases. So, light labor during pregnancy is provided at the request of the employee with the presentation of an appropriate medical report. But in relation to such employees, a number of the following nuances and restrictions in the rights of the employer apply:

An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated to the employee for health reasons.

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, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with clause 8 of part one of Article 77 of this Code .

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