How to write a statement for a pregnant woman is easy work. Sample application for transfer to light work. If there is no medical certificate

Legal basis: Labor Code of the Russian Federation, Art. 254

1. Providing an employee with a medical report and applying for a transfer to another job.

Registration of the transfer begins with the employee writing an application for the transfer. A copy of the medical report is attached to the application. Further, the application is endorsed by the head structural unit, from which the employee is transferred, and the head of the unit to which the employee is transferred, as well as the head of the organization. After issuing the transfer order, the application is pinned to the folder with the reasons for the orders on personnel.

2. Familiarization of the employee against signature with the job description.

The employee must be informed in writing of job description and other local regulations directly related to the work in the new position.

The employee can be familiarized with the job description using the familiarization sheet. which is stitched together with local regulations.

3. Registration of an additional agreement to the employment contract.

Changes to the terms of the employment contract are made in writing in the form of an additional agreement to employment contract in two copies, each of which is signed by the head of the organization and the employee. One copy of the additional agreement remains with the employer, the second is handed over to the employee.

4. Registration of an additional agreement to an employment contract in the Register of additional agreements to employment contracts.

5. Registration of an order (instruction) on transfer to another job.

The transfer to another job is formalized by the order (instruction) of the employer, issued on the basis of the concluded additional agreement to the employment contract.

The order (instruction) on the transfer to another job has a unified form - No. T-5 (on the transfer of an employee to another job) or No. T-5a (on the transfer of employees to another job), approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004.

An order to transfer an employee (employees) to another job is signed by the head of the organization.

6. Order registration in the order register

7. Familiarization of the employee with the order against signature

The order (instruction) of the employer on the transfer is announced to the employee against signature.

8. Making a record of the transfer in the employee's personal card. Familiarization of the employee with this record against signature.

Please note: before applying for maternity leave, the employee must be transferred back to her previous place of work and already on the main position, on the basis of an application and a certificate of incapacity for work, take maternity leave.

Transferring a pregnant worker to light work

We transfer a pregnant worker to light work

The employee brought a medical report, from which it follows that, in connection with her pregnancy, light work was recommended to her, excluding the impact of adverse factors. However, this document is not enough to transfer to a new place. You need to get a statement from the woman. And before the provision of easy work, release from office while maintaining the average earnings for all the time missed. Let's see how to draw up personnel documents in this case.

TRANSFER TO LIGHT WORK

"_____" ___________ 20___ No. ______

Tolyatti

About the transition to light work

Based on Art. 254 of the Labor Code of the Russian Federation, in connection with a medical report on the state of health,

I ORDER:

1. Transfer the plastics molder Afanasyev T.A. for light work from August 17 until the granting of maternity leave, while maintaining average earnings.

2. Release Afanaseva T.A. from labor associated with lifting weights over 3-5 kg, prolonged stay in a forced working position, night shifts, occupational hazards.

3. Establish a five-day work schedule for the above period with two days off - Saturday and Sunday, an eight-hour working day.

Reason: conclusion of the VC dated 16.08. (VK protocol No. 166/245 dated 16.08.), personal statement of Afanasyeva T.A.

Managing Director Petrov I.I.

Acquainted with the order:

____________________ / Afanasyeva T.A. /

How to transfer a pregnant employee to light work

HOW TO TRANSFER A PREGNANT EMPLOYEE TO LIGHT LABOR

Situation: N. Shnitko, a seller, applied to the personnel department with a request to transfer her to "light work" due to her pregnancy. Now she works according to the schedule "two days in two", the shift lasts from 9:00 to 23:00. What kind of work can be considered easy? Can an employee refuse such a request? And how to make a transfer?

Personnel officers often face such requests. First of all, we note that the state of pregnancy in itself is not a basis for transferring a worker to "light work". In general, the concept of "light work" in the Labor Code Russian Federation missing.

According to Art. 259 of the Labor Code of the Russian Federation it is forbidden to send pregnant women to business trips, attract them to overtime work, work at night, weekends and non-working holidays. Night in accordance with Art. 96 of the Labor Code of the Russian Federation is the time from 22 hours to 6 hours. Since N. Shnitko's shift of the seller ends at night (at 23:00), she has the right to demand that the employer change the working hours. This does not require a special medical opinion - it is enough to present a certificate of pregnancy. Please note that since Art. 259 of the Labor Code of the Russian Federation contains a direct prohibition, working time should be reduced regardless of the desire or unwillingness of the employee.

In addition, at the request of a pregnant woman, she should be given the opportunity to work part-time. Payment in this case is calculated for the time actually worked (Article 93 of the Labor Code of the Russian Federation). At the request of the employer, but not more than once every 3 months, the woman is obliged to provide him with a medical certificate confirming the state of pregnancy (Article 261 of the Labor Code of the Russian Federation).

In Art. 254 of the Labor Code of the Russian Federation states that, in accordance with a medical report and at their request, the production standards, service standards are reduced for pregnant women, or such employees are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from the previous job.

To carry out the transfer, the employee must submit a medical report on the transfer of the pregnant woman to another job (form N 084 / y, approved by Order of the USSR Ministry of Health dated 04.10.1980 N 1030<1>). A pregnant woman can receive such a document already at the first visit to an obstetrician-gynecologist. This conclusion is issued to women whose labor activity is associated with harmful or dangerous production factors, as well as in other cases - if there are individual indications (Instructions for organizing the work of a antenatal clinic, approved by Order of the Ministry of Health of Russia dated February 10, 2003 N 50 "On improving obstetric gynecological care in outpatient clinics). The medical report must contain specific indications of which particular production factors are unfavorable for the employee. In addition, it is useful for personnel officers to know that the requirements for working conditions for women during pregnancy are set out in section. 4 SanPiN 2.2.0.555-96 "Occupational health. Hygiene requirements to the working conditions of women. Sanitary rules and norms", approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 N 32. This document describes in detail what working conditions a pregnant employee should create.

<1>Order of the Ministry of Health of the USSR dated 04.10.1980 N 1030 is no longer valid today, however, in the Letter of the Ministry of Health and Social Development of Russia dated 30.11.2009 N 14-6 / 242888 it is reported that after the cancellation of this regulatory act, a new album of sample registration forms was not published. In this regard, health care institutions, on the recommendation of the Ministry of Health and Social Development of Russia, use in their work to record activities forms approved by Order of the USSR Ministry of Health dated 04.10.1980 N 1030.

Together with the medical report, the employee must submit to the employer an application with a request to provide her with work in accordance with medical indications (an example of registration is given in Appendix 1). The received application must be registered with the personnel department or the secretariat of the organization, because it is from this moment that the employer must begin to resolve the issue of transferring the employee. In practice, a situation is possible when a certificate provided by a woman was issued, for example, a month earlier. In this case, it turns out that the employer violated the requirements of the law, since he had to immediately begin to resolve the issue of transferring a pregnant employee. And before a pregnant woman is transferred to another type of activity that excludes the impact of adverse production factors, she is subject to release from work with the preservation of average earnings for all missed working days as a result of this at the expense of the employer (part 2 of article 254 of the Labor Code of the Russian Federation). If the application is properly registered, the responsibility for its untimely submission from the employer is removed.

Having received from the employee a medical opinion on contraindications for performing work, which is indicated in the employment contract, the employer is obliged to transfer the employee to a job suitable for him (Appendix 2). According to the provisions of art. 73 of the Labor Code of the Russian Federation, this must be done with the written consent of the employee. After reviewing the offer, the employee has the right to agree with the transfer or refuse it.

If the employee agrees to change the type of activity, it is necessary to amend the employment contract by issuing an additional agreement to it (Appendix 3), issue an order for transfer according to unified form N T-5 (Appendix 4) and make an appropriate entry in the time sheet. According to clause 4 of the Rules for the maintenance and storage of work books, the production of work book forms and the provision of employers with them, approved. Decree of the Government of the Russian Federation of April 16, 2003 N 225, in work book entries are made only on the transfer to another permanent job. AT this case the translation is temporary and it is not necessary to reflect this information in the work book.

By the way. It is advisable to keep a register of all employees for whom benefits and additional guarantees are provided. It must indicate the type of guarantees provided and the duration of the benefit (for example, the date of expiration of the medical certificate, disability, the period the child reaches the age of three, etc.). This will make the job easier personnel service not only when considering issues related to the transfer and dismissal of employees, but also when engaging in overtime work, sending on business trips, etc.

What if suitable job no or the employee refuses to transfer? In this case, the employee must be relieved of duties that may be harmful to his health. However, for the period specified in medical document, behind it are stored workplace and position average earnings also remains unchanged.

In accordance with Part 1 of Art. 254 of the Labor Code of the Russian Federation, it must be taken into account that when transferring to another job, pregnant women retain their average earnings from their previous job. This means that if the size wages for a new position is higher than the average salary for the previous job, then the additional agreement and order indicate the amount of wages provided for the new position. If the salary for the new position is lower than the average salary for the previous job, then the additional agreement and order indicate the average salary.

In order to comply with labor laws and provide pregnant women with work without adverse or harmful factors, you can use the norms of the Decree of the USSR Armed Forces of 10.04.1990 N 1420-1 "On urgent measures to improve the situation of women, protect motherhood and childhood, strengthen the family." Clause 11 of this normative act determines that in order to ensure the timely transfer of pregnant women to another, easier job, the heads of enterprises, organizations, together with trade union committees, sanitary supervision bodies and with the participation of women's public organizations in accordance with medical requirements, they can establish jobs and determine the types of work to which pregnant women can be transferred or which can be performed by them at home, as well as create special workshops (sections) or production on a shared basis.

Sometimes dishonest employers seek to get rid of pregnant employees despite the fact that they successfully cope with their professional duties. However, in this case, they grossly violate labor law: termination of an employment contract at the initiative of the employer with pregnant women is prohibited Art. 261 of the Labor Code of the Russian Federation. The exception is cases of liquidation of the organization or termination of activities individual entrepreneur(Clause 1, Part 1, Article 81 of the Labor Code of the Russian Federation). For unjustified dismissal of a pregnant woman, the employer ( executive) is criminally liable (Article 145 of the Criminal Code of the Russian Federation).

Attachment 1

Example of application for transfer to "light work"

Sales Department General Manager

LLC "Shop "Products"

Sokolov D. M.

STATEMENT

On the provision of work in accordance with Suggest a translation Shnitko N.P.

with a medical certificate for the position of a packer

Sokolov 12.08.

Please transfer me to light work, excluding the impact of harmful factors, in accordance with Art. 254 of the Labor Code of the Russian Federation. Attached is the medical report.

Example of a proposal for temporary transfer for another job

Society with limited liability Sales department salesperson

"Shop "Products" N. P. Shnitko

(LLC "Shop "Products")

About translation

Dear Natalia Petrovna!

Having considered your application for a job in accordance with a medical report, we offer you a temporary transfer to the position of a packer in the sales department, for a period from 12.08. to 11.12., with a salary of 15,000 rubles.

Pregnant women in the event of pregnancy have the right to be transferred to light work. In what cases can a pregnant employee exercise this right and what documents are required for this?

The need to transfer a pregnant worker.

Light work involves a reduction in the norms of production, maintenance, as well as transfer to another job, the conditions of which exclude the impact on health of harmful and unfavorable factors. This is determined by a medical report (part 1 of article 254 of the Labor Code of the Russian Federation).

What professions provide an opportunity to transfer to an easier job? They are defined in the "Hygienic recommendations for the rational employment of pregnant women" (approved by the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation and the Ministry of Health of the Russian Federation on December 21, 23, 1993). Another normative document for translation is section 4 Sanitary regulations and the norms "Hygienic requirements for working conditions for women" (SanPiN 2.2.0.555-96, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation No. 32 of October 28, 1996).

If the activity of a pregnant woman in an organization endangers her health and the health of her baby, it must provide for the conditions for transferring to light work.

What loads can be considered harmful for a pregnant woman?

These include:

Lifting objects and loads above the level of the shoulder girdle;
- lifting objects from the floor;
- forced loads on the muscles of the legs and abdominals when performing normal work (if the posture of the worker is squatting, bending over, kneeling, resting her stomach or chest in working equipment etc.);
- actions with a torso tilt of more than 15 degrees;
- use of a foot pedal for equipment control;
- work on the conveyor with a constant mode;
- work that is associated with nervous and emotional stress.

For pregnant women, permissible weight loads are established:

Lifting weights no more than 2.5 kg up to two times per hour.
- When constantly lifting weights during the working day, the weight of the load cannot exceed 1.25 kg.
- When moving goods over a distance of not more than 5 m, the total weight of goods, calculated for one hour of shift, should not exceed 60 kg. Getting up from the floor is contraindicated.

Working conditions under which a woman has the right to light work:

The working position of a pregnant employee is limited.
- Walking at work is more than 2 km per shift.
- Work involves getting clothes or shoes wet.
- Work in a draft.
- Work with sudden pressure drops associated with external influences (flight attendants, summer staff, pressure chamber workers).
- Work in unlit areas or in rooms without windows.
- The temperature at the worker exceeds +35 degrees.
- Working at a computer, computer - more than 3 hours per shift.

What are the grounds for transferring to light work?

If the conditions in which a woman works are unfavorable to her health, she should contact her doctor at the antenatal clinic. He is obliged to issue her a medical report, where he makes a recommendation to transfer her to light work.

The employee should submit a medical report to the employer, as well as write an application for transfer to easier work. Without a medical opinion, an employee is not entitled to expect a reduction in production rates or transfer to another job.

The transfer of a worker to light work is a temporary phenomenon and lasts until the end of pregnancy. During the transfer, she retains the average earnings from her previous job.

Application for transfer to another job of a pregnant employee. Sample.

Director of Kvart LLC
Ilchenko I.G.
From the plasterer-painter
Krivenko O.P.

Statement.

I ask you to transfer me to another job without exposure to unfavorable production factors on the basis of a medical report.

Attachment: certificate from the antenatal clinic No. 26 of 04/04/2013.

04/05/2013 signature Krivenko O.P.

Starting from the date of the medical opinion and until the official solution of the problem, the pregnant employee is released from work with the preservation of the average earnings for these days. The average salary is paid by the employer. If there is no work for her, she can be released from work until the maternity leave itself.

If a woman has a child under 1.5 years old and she is not able to work at her previous job, she can transfer, upon application, to another job with earnings not lower than the average earnings in her previous job when the child reaches the age of 1.5 years.

How to arrange a transfer to an easy job?

After a positive decision of the management to provide the employee with easier work, an additional agreement is concluded with her to the employment contract. Based on this additional agreement, the manager issues an order to transfer the employee to another job. Since the transfer to lighter work is temporary, no entries are made in the work book on this topic.

What kind of work should pregnant women not be involved in?

These include the following works:

overtime;
- on weekends and holidays;
- work in the evening;
- business trips.

Responsibility for violation of the law.

If the employer does not provide you with any benefits, the employee can file a complaint with the State Labor Inspectorate. If during the inspection the fact of violation is confirmed, Labour Inspectorate has the right to bring the employer to administrative responsibility.
The fine for organizations is 30-50 thousand rubles. rubles, besides officials will be punished - 1-5 thousand rubles. also, the inspection can take a verdict on the suspension of activities for up to 90 days.
If the violation is repeated, the head or other official may be disqualified for a period of 1-3 years.

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Labor legislation provides a number of guarantees for pregnant employees. One of them is to reduce the load or transfer to another job if available. medical indications. The basis is a certificate for light work during pregnancy.

Easy job for a pregnant employee

Light work involves work activities that require less physical activity and that will not adversely affect the development of pregnancy.

For example, for most medical reasons, a pregnant employee should not be allowed to work related to:

neuro-emotional stress;
pathogens infectious diseases;
increased radiation;
weight lifting;
working at a computer for more than 3 hours in a row;
infrared radiation, etc.

But in order to use the provided guarantee, the employee must apply for a reduction in workload and provide a certificate (medical report).

The medical report may state:

what kind of work is contraindicated for a pregnant woman;
requirements to reduce production rates;
recommendations for creating safe conditions labor;
other individual recommendations for work.

Transfer to light work due to pregnancy

The term "light labor for pregnant women" is used in practice. There is no such concept in the legislation. Using this term, employees of the personnel department mean a reduction in the workload of a pregnant woman as a guarantee provided for in Art. 254 of the Labor Code of the Russian Federation.

The Labor Code obliges employers, at the request of a pregnant employee and in the presence of a medical certificate, to transfer the pregnant woman to light work. This means that the employer must:

reduce her standards of service;
reduce her production standards;
transfer it to a job that excludes the impact of negative production factors.

Often, employers have a question about how much they transfer to light work. The Labor Code does not specify the gestational age from which an employee is entitled to a transfer. Therefore, an employee has the right to apply with such a statement from any stage of pregnancy, but only if there is a medical certificate indicating that there is such a need for this.

How are easy jobs paid?

The work of a pregnant woman with a reduced workload must be paid. According to Part 1 of Art. 254 of the Labor Code of the Russian Federation for the period of establishing light work, the employee retains the average earnings from her previous job.

In addition, if a pregnant woman applied for a transfer to a job that excludes harmful effects and (or) reduce her workload, and the employer could not immediately organize such work for her, the woman should be released from work. The employee is released from work until the employer provides her with suitable light work for pregnant women. Payment for all missed days as a result of this should be made at the average earnings.

In addition, a pregnant woman retains the average salary for the duration of the mandatory dispensary examination in medical organizations.

For pregnant workers, the Labor Code of the Russian Federation establishes certain guarantees regarding their labor activity. Depending on the specific working conditions, such employees need to reduce the production rate, transfer them to another job or release them from work completely (Article 254 of the Labor Code of the Russian Federation).

In addition, pregnant workers are not allowed (Article 259, 298 of the Labor Code of the Russian Federation):

send on business trips;
send to shift work;
engage in work overtime, on weekends and non-working holidays, as well as at night.

Decrease in production rates

If a pregnant woman works at a job for which production standards are established, then these standards should be reduced for her on the basis of a medical report and a statement from her. To understand how much to reduce the norms, the employer needs to focus on the “Hygienic recommendations for the rational employment of pregnant women”, approved by the State Committee for Sanitary and Epidemiological Supervision and the Ministry of Health back in 1993. They indicate the amount of physical activity that is permissible for women during pregnancy (the mass of loads that can be lifted , the length of the path traveled per shift, etc.). At the same time, the employee’s work schedule may not change, and her work will need to be paid based on average earnings (despite the decrease in the output rate).

At the same time, even if the employee does not have a medical report, from which it would follow that she needs to reduce the intensity of work, she has the right to apply to her employer with a statement on the transition to part-time work. And the employer will have to meet her halfway (Article 93 of the Labor Code of the Russian Federation).

Transfer to another job

An employee working for harmful or hazardous work, in the event of pregnancy, it is necessary to transfer to another job, the performance of which does not involve the impact of adverse production factors (Article 254 of the Labor Code of the Russian Federation). Also, the transfer must be issued to a pregnant employee who is not suitable for her current job due to personal medical reasons. At the same time, a certificate from a medical institution should indicate which working conditions are suitable for her, and the employee must write a statement asking her to provide her with another job.

In such a situation, the employer should familiarize the employee with the vacancies he has that are suitable for a pregnant woman. And if one of the vacancies suits her, arrange a transfer by concluding an additional agreement to the employment contract. If the salary of the pregnant woman in the new position is higher than her salary in the previous position, then she will have to pay a new salary. Otherwise, the work of the worker will have to be paid based on her average earnings.

If not a single vacancy suits the employee, then the employer will have to release her from work, retaining both her position and average earnings. It is impossible to dismiss a pregnant employee at the initiative of the employer (Article 261 of the Labor Code of the Russian Federation). Exceptions are provided for cases of liquidation of the employer organization, as well as the expiration of the employment contract concluded with it.

transfer to light work due to pregnancy

TRANSFER TO LIGHT WORK DURING PREGNANCY

Often, pregnant employees are transferred to light work at their request. They sign an additional agreement to the employment contract and set a salary equal to the average earnings in the previous job. How to draw up documents and calculate payments?
On the basis of a medical report and a statement from a pregnant employee, the employer is obliged (part 1 of article 254 of the Labor Code of the Russian Federation):
- either reduce its production (service) standards;
- or transfer it to another job, excluding the impact of adverse production factors, while maintaining the average earnings from the previous job.
It is not always possible to immediately transfer a pregnant employee to another job. In this case, the employer will have to:
- release her from work;
- to pay her the average salary for all the working days missed as a result of the release.
This procedure is established in part 2 of article 254 of the Labor Code and paragraph 22 of the decision of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1.

HOW TO APPLY FOR A RELEASE FROM WORK

If it is impossible to provide a pregnant employee or work that excludes the impact of harmful or dangerous production factors, the employer must issue an order to release from work.
During the period of release from work, the employee cannot receive wages (part 3 of article 76 of the Labor Code of the Russian Federation). Missed working days are paid to her in the amount of average earnings from her previous job (part 2 of article 254 of the Labor Code of the Russian Federation).
Section 4 of the Sanitary Rules and Norms “Hygienic Requirements for Working Conditions for Women” SanPiN 2.2.0.555-96, approved by Resolution No. 32 of the State Committee for Sanitary and Epidemiological Supervision of Russia of October 28, 1996, defines:
- work from which pregnant workers should be released;
- Criteria for optimal workload for them;
- requirements for technological operations, equipment and workplaces where the labor of pregnant employees can be used.
The employer issues an order to release from work. There is no unified form of such an order; it can be drawn up in any form.
In the time sheet according to the unified form No. T-12 or according to the form developed by the company, the period of exemption from work will be marked with the letter code "NO" or the number 34 (sample 2 below).
The unified form No. T-12 was approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1

HOW TO PROPERLY MAKE A TRANSFER TO LIGHT LABOR

Transfer to light work is allowed only by agreement of the parties to the employment contract. The employer sends a written offer to the pregnant employee to transfer to light work. The employee must be familiarized with him against signature.
If the employee agrees with the transfer to a new position, she expresses her consent by making a note on the transfer proposal or in a separate statement.

LIGHT WORK OFFER

Since when they are transferred to another position, they change determined by the parties terms of the employment contract, changes are drawn up by agreement in writing(Article 72 of the Labor Code of the Russian Federation).
Such a translation would:
- temporary change labor function employee;
— change of the place of his work (structural subdivision);
- changes in wages.
New paycheck for an easy job
In the supplementary agreement to the employment contract, it is not necessary to indicate the specific amount of the new salary of the employee. Article 254 of the Labor Code of the Russian Federation defines its lower limit - the average earnings from the previous job.
The salary calculated on the basis of the average earnings from the previous job may turn out to be more in one month, and less in the other than the earnings calculated from the new salary of the employee.
Every month as long as it lasts easy job, the accountant will have to make a comparison. To do this, it is more convenient to take the daily values of the average earnings for the previous job and the salary for the new job.
How to arrange the transfer of a pregnant employee to light work, we will show with an example.
On the basis of an additional agreement, the employer issues an order for a temporary transfer. He can use the unified form No. T-5 or independently developed form.
It is not very convenient to use the unified form No. T-5, it provides lines for indicating tariff rate(salary) for a new position in rubles and kopecks. And in the case of a transfer to light work, the amount of average earnings saved will be different in each month, depending on the number of working days).
A pregnant worker should be made aware of:
- with an order for temporary transfer against signature;
- job description for the new position;
- other local regulations related to work in a new position.
In the time sheet according to the unified form No. T-12 or the form developed by the company, the period of transfer to light work will be marked with the letter code "I" or digital 01.
The salary after the transfer to light work was higher than before
If the salary for the work performed turns out to be higher than the salary for the previous position, the employer needs to be ready to prove to the inspectors from the FSS of the Russian Federation that the pregnant employee has a special education, qualification or work experience necessary for a higher paid position. Otherwise, they may consider such a transfer before maternity leave as artificially inflating payments in the billing period in order to increase the amount of benefits, and try to deny the company a refund of maternity benefits.
An entry about the transfer of a pregnant worker to light work does not need to be made in her work book. Enter only information about permanent transfers(part 4 of article 66 of the Labor Code of the Russian Federation).

WORKER GOING ON Maternity Leave

On the last day before maternity leave, the transfer of a pregnant employee to light work ends, as the supplementary agreement ends.
There is no need to formalize the completion of the transfer and the return of the employee to work in her previous position with any additional documents.

HOW TO CALCULATE AVERAGE EARNINGS

The average earnings retained by a pregnant employee are calculated in accordance with Article 139 of the Labor Code and the Regulation on the Peculiarities of the Procedure for Calculating Average Wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922.
The calculation of the average salary of an employee is made from the salary actually accrued to her and the time actually worked for the 12 calendar months preceding the period during which she will be saved average salary(parts 2 and 3 of article 139 of the Labor Code of the Russian Federation, paragraphs 2 and 4 of the Regulations on average earnings).
When determining the average earnings, the average daily earnings are used (clause 9 of the Regulations on Average Earnings). It is calculated by dividing the amount of salary actually accrued for the days worked in the billing period by the number of days actually worked in this period.
Average earnings are determined by multiplying the average daily earnings by the number of calendar (working) days in the paid period (clause 9 of the Regulation on
Dec. 31).

personal income tax and insurance premiums

If, nevertheless, an employee transferred to light work is paid a salary based on the average earnings from her previous job, it should be borne in mind that such a payment is subject to:
— personal income tax. The company withholds the tax at the time of payment of income (clause 4 of article 226 of the Tax Code of the Russian Federation);
- insurance premiums to the Pension Fund of the Russian Federation, the FSS of the Russian Federation, FFOMS (clause 1 of article 7 federal law dated July 24, 2009 No. 212-FZ, paragraphs 1 and 2 of Art. 20.1 of the Federal Law of July 24, 1998 No. 125-FZ).
Prior to the transfer, a pregnant employee may be employed in the types of work named in subparagraphs 1-18 of part 1 of Article 30 of Federal Law No. 400-FZ of December 28, 2013 "On Insurance Pensions".
If the employer transferred a pregnant employee on a medical report to a job that excludes the impact of adverse production factors, such work is equated to work preceding the transfer (clause 12 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516).
In this case, on the average earnings retained by the employee and other payments in her favor during the period of release from work or transfer to light work, it is necessary to accrue insurance premiums at additional rates (clause 12 of the letter of the Pension Fund of Russia dated December 30, 2013 No. NP-30-26 / 20622 and clause 7 of the letter of the Ministry of Labor of Russia dated June 5, 2013 No. 17-3 / 10 / 2-3105).
How to take into account accruals for the period of release from work and transfer to light work in the next calculation of average earnings.
The time of release of the employee from work while maintaining the average earnings in its subsequent calculations in accordance with Labor Code not taken into account (subparagraph “a”, paragraph 5 of the Regulations on average earnings). The time worked by an employee during the period of transfer to light work and paid in an amount not lower than the average earnings for the previous job will be taken into account in the future when calculating the average earnings for other cases of its calculation, as well as accruals for this time.
When calculating the average earnings for the purposes of calculating benefits, both the time of release from work and the time of transfer to light work will be taken into account, as well as payments accrued during this period, since they are subject to insurance premiums on the basis of Part 1 of Article 7 of the Federal Law of July 24, 2009 No. 212 -FZ.

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