The court reinstated the woman's work experience based on witness testimony

When is a request for proof of work experience necessary?

A request for experience is required under the following circumstances:

the work book is lost;
there are corrections and inaccurate information in the entries in the work book;
the manager did not provide all the individual information about the person or errors were identified in this information.

As a result, a person may face the fact that he will be assigned a pension in a smaller amount than he is entitled to. For this reason, it is necessary to prepare in advance for retirement. To do this, you need to go to the Pension Fund at the registration address with all certificates and papers 9 months or earlier before reaching retirement age.

Confirming the insurance period since 2002 is simple, since all deductions made for a subordinate from this period are shown on his personal account with the Pension Fund. In the case of earlier periods, problems may arise. The Pension Fund may provide partial information about the applicant’s work experience. Subsequently, the person will need to supplement it with documents drawn up from the archives.

How to obtain information about labor activity in public services

register on the site by entering your full name, email and phone number;
activate your account by clicking on the link in the letter sent to the specified email;
create a strong password following the recommendations on the portal;
Next, you need to enter your passport data and SNILS so that the account is transferred to standard status.

To get acquainted with the full information about the Individual Medicine in the Pension Fund of the Russian Federation, at the bottom of the page you need to find the “Show information in full” button and click on it. After this, a file with detailed information will open in a new window.

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Required documents

According to the legislation of the Russian Federation, it is the future pensioner who is obliged to prepare all the documents that are needed for the assignment or recalculation of a pension.

If the work book is lost or contains incorrect data, then to confirm the length of service, you can provide the Pension Fund with extracts from orders, payroll statements, employment contracts or other documents that include data on the applicant’s work experience.

If you have any questions, you can contact us for free at the following phone numbers:

Moscow ext. 143
St. Petersburg ext. 702
RF ext. 684

If you have any questions, you can consult for free by chatting with a lawyer at the bottom of the screen or by calling the following phone numbers:

Moscow ext. 143
St. Petersburg ext. 702
RF ext. 684

If the manager continues his activities, then there will be no difficulties in obtaining documents. But if the enterprise is liquidated, then the person risks being left without supporting documents.

If the organization no longer exists and has no successors, you will need to go to the city archives, whose employees will issue an archival certificate. If there is a legal successor, you must contact him.

You should start searching for lost documents about a certain period of work only if a person is sure that he was accrued an official, white salary for this period. With gray payments, which were common in the 90s, the manager did not transfer the required insurance payments for the subordinate to the Pension Fund of the Russian Federation, that is, the length of service for this period was not accrued. Such circumstances also affect the amount of pension payments.

Is it possible to obtain a certificate of work experience from the archive through government services?

To understand the process of submitting a certificate, it is necessary to take into account the main features of the operation and analyze references to the current legislation. Non-insurance periods included in the insurance period directly affect the amount of pension accruals when applying for a pension.

Urgent applications, where the deadline for execution is set from one to five days.
Preparation of several copies of archival certificates instead of one.
A request for length of service and salary for a fairly long period - from five years.
Inquiries regarding property rights.
Upon receipt of a duplicate of an archival certificate, if the first copy was lost or damaged due to the fault of the applicant.

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How to make a request for work experience at an existing company

The application for establishing work experience must include the following information:

position, full name of the addressee;
information about the applicant: full name (including premarital or changed), date of birth;
please confirm your experience with an archival certificate;
division, period of work, position;
list of attached documents;
postal address with zip code to which the archived certificate will be sent;
date of application, signature of the applicant.

Photocopies of the passport, work record book, and marriage registration certificate are attached to the application.

A sample request for work experience is available at this link.

Next, the request is registered and sent to the responsible person to issue a certificate. The specialist checks the information and issues the document to the applicant. Issuing a certificate is a socially significant service, for which there is no charge.

The document preparation period is 1 month from the moment a person applies for a certificate. If it is necessary to extend the application period, the organization notifies the applicant about this, indicating the reasons and the changed deadline for submitting the document.

Is it possible to request a certificate confirming the length of service on the public services portal?

How to find out the length of service on the pension fund website, see the video How to find out the work experience in the pension fund Additional article The concept of continuous work experience appeared during the Soviet Union. Find out what length of service is considered continuous here.

The data on the Individual Medicine in the Pension Fund of the Russian Federation displayed on the State Services portal can be viewed online, saved to your computer as a PDF file, or forwarded by email. Note: After saving the file on your computer, you must have a program installed to open PDF files, such as Adobe (Acrobat) Reader or Cool PDF Reader, to view it. If you are sending a file, you must indicate the email address to which the letter with the document will be sent. The recipient will be able to open the file in a format that guarantees the accuracy of the information provided. Important: a file downloaded to a computer will not have legal force, while a notice sent to an email address at the place of request (for example, to a bank) will be equated to an official document and has a blue seal.

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How to make a request to the Pension Fund

If a person has lost their work record and wants to restore their length of service, they can send a request to the Pension Fund.

Also, management has to send requests to the Pension Fund and other government agencies, since they do not always have the information requested by the employee. Typically, a person submits a request if a subordinate cannot provide a certificate of the amount of earnings, according to which he is entitled to an insurance payment due to an occupational disease or accident.

To send a request to the Pension Fund of Russia, you will need to obtain written permission from a subordinate, since an application to the institution affects a person’s personal data.

The procedure for reinstating work experience

Restoring your work experience is not an easy task. If your book is lost, you can confirm your work experience through the Pension Fund or the court by filing a claim to restore your work experience.

Where to go to restore the period of work at the enterprise if the work book is lost? To restore entries in a new book, they turn to the archives of organizations where the citizen previously worked.

Documents of enterprise employees are transferred to the archive within 12 months from the time they leave the workplace. If the organization where the citizen previously worked has lost its archive, then it is more difficult to restore the work experience.

To do this, they go to court with a claim for restoration.

Additional information: Restoring a logging ticket.

Through the court

When the period of work is restored through the court:

The manager refused to issue a copy of the book;
There is no complete information about employee employment in organizations;
The boss refuses to recognize him as an employee.

Restoration of work experience through the court occurs through a citizen’s application for reinstatement of the vehicle, and acts confirming the fact of work in organizations. What evidence does the court consider:

Labor contracts;
Financial reports;
Union tickets;
Membership books;
Witness's testimonies.

The arbitration considers the testimony of witnesses proving that the plaintiff worked in organizations during a certain period of time. Two people are invited to testify; the testimony of one witness is not considered by the court.

The court, having considered the evidence presented, satisfies the claim and makes a decision on the restoration of seniority based on the decision.

Based on the court ruling, the territorial branch of the Pension Fund of the Russian Federation will count the entire confirmed period of service.

Additional information: Extract from the household ledger.

If an employer has lost a citizen’s work book, then all issues regarding restoration are decided by him and the organization. If the document is lost by the owner, he is obliged to restore it himself.

Restoration through the Pension Fund is possible in full if the citizen has recently started working.

When there are many places of employment, the information may not be provided in full, since the system for recording personal data has recently begun to operate in the Pension Fund of Russia.

The request must be submitted in person or via registered mail with acknowledgment of receipt. After 10 days from the moment the request is submitted, the Pension Fund issues a paper containing information about the citizen’s places of employment. There is no need to pay a state fee for the certificate. With a certificate from the Pension Fund of Russia they go to court to confirm their work experience.

With a court decision, the citizen applies to the Pension Fund to establish and record the length of service.

List of documents for reinstatement of work experience through the court:

Archival references;
Documents from the organization;
Certificate from the Pension Fund;
Documents confirming the fact of work - professional cards, account books, copies of TD;
Claim for restoration of period of work.

For employees working under a civil contract, the package of documents is as follows:

A notarized copy of the agreement with the signatures of the parties;
Certificate from personal account;
Settlement papers;
Personal income tax extract -2.

Access to the archive

If the documents were transferred to the archive for storage, you can view the website www.rusarchives.ru. It contains thousands of funds. Through this site, the necessary information is searched for in federal and regional archives. You can contact the archives of the state or municipal service. Pension Fund employees will tell you which archive you should contact.

The applicant receives a response in the form of an archival certificate, which contains the following information:

Job title;
duration of work;
other information that is in the archive documentation.

To prove the presence of experience, personal accounts and orders can be provided.

If an organization has a special unit dedicated to the archive, then it also has the right to issue such certificates.

If necessary, Pension Fund employees are authorized to provide qualified assistance in requesting documents proving experience.

The procedure for confirming insurance experience in court

Future retirees need to have information about the status of their personal account on the eve of retirement in order to make sure that all periods of working activity are reflected in it.

Options for obtaining information from a personal personal account:

on the website of government services or the Pension Fund of Russia;
visit to the nearest PF branch in your locality;
at the place of work (in this case, the employer can familiarize the employee with data about employees, which he transfers to the personalized accounting authorities).

If a citizen discovers that the personal account does not contain the data that is written in the work book, he needs to immediately contact the Pension Fund.

Important These employees confirm their experience with certificates from military registration and enlistment offices, military ID cards, and other documents that indicate the length of service.

The law also regulates a list of special cases when citizens need to confirm various periods that can be counted into the insurance period: detention of unjustly repressed and then rehabilitated citizens, care for the disabled by decision of social protection authorities, care for elderly relatives over 80 years of age and others.

Each case must be confirmed by official documents. You can find out more detailed information about these changes in legislation and confirmation of work experience when caring for an elderly or disabled relative from this video.

You can get it from your employer (usually issued annually);

copies of administrative documents or additional agreements.

In addition to the size of the pension, length of service (or length of working life) also determines the amount of social payments to citizens of the Russian Federation during certain periods of their lives when they cannot attend work: that is, during periods of temporary disability, while on sick leave, during vacation. child care.

The purpose and meaning of this ongoing state policy is that everyone in need should have guaranteed help and support, but to a greater extent it is deserved by those people who earned it through their work activities.

It is common to think that 5 years of service guarantees the right to receive an old-age pension (that is, for women from the age of 55, for men from the age of 60).

Attention

Every officially employed person accumulates work experience, on the basis of which many payments are calculated, for example, sick leave, old-age pensions or long service. That is why it is necessary to understand the procedure for calculating and confirming length of service, since the calculation of pension payments depends on how many years of work will be added to the length of service and how many will be deleted from it. What is included in work experience First of all, work experience is calculated in years of officially registered labor activity.

According to written explanations from Pension Fund employees, the work book contains an incorrect work record, namely: specific dates of hiring and dismissal are not indicated (numbers are missing), and the collective farm stamp “October” is affixed, not “Oktyabrenok”. In connection with this circumstance, I was denied credit for the period of work from January 15, 1988 to April 1, 1993 at the Oktyabrenok collective farm and was recommended to establish the fact of work through the court.

As evidence of the fact of work at a certain time and in a certain place, you can use indirect evidence (orders for bonuses, vacations, certificates of gratitude). The best evidence will be that indicates specific dates, the name of the applicant and the name of the organization. The more such evidence there is, the easier it will be to prove your position in court.

since when the plaintiff has been a pensioner and what kind of pension he receives (old age, with additional benefits, etc.);
what confirms the length of service on the basis of which payments are calculated (usually this is a work record book);
what length of service is indicated in the Pension Fund documentation and why it was not included in the payment calculations;
what arguments do representatives of the Pension Fund give to justify the refusal to add the controversial period of holding a position to the length of service;
on what grounds does the plaintiff disagree with the arguments of this organization (provide detailed references to legislative norms);
Have any attempts been made to resolve the problem out of court? If so, describe them.

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When proving the need to change the length of service, focus on the content of inaccurate data in the work book. Therefore, the actual period of labor activity should be determined on the basis of various certificates and extracts confirming the payment of wages, on the basis of orders for hiring or dismissal from a position, etc.

Sometimes such documents cannot be obtained because they are lost and cannot be restored. It happens that papers are lost due to careless storage or a natural disaster, and sometimes they are destroyed intentionally during the liquidation of an enterprise. In this case, the statement of claim must include the testimony of witnesses.

Since collecting the necessary evidence when filing a claim lies entirely with the plaintiff, it is advisable to collect at least some documents confirming the fact of the employment relationship before filing a claim. If you can't gather evidence informally, you can try applying for work-related documents.

In accordance with Article 16 of the Labor Code of the Russian Federation, labor relations between an employee and an employer also arise on the basis of the employee’s actual admission to work with the knowledge or on behalf of the employer or his representative in the case where the employment contract was not properly drawn up.

Evidence of experience by witnesses

If the company no longer exists, as well as its successors, along with archival documentation, then a person can use witness reports. Their words confirm a certain period of employment, but not information about the salary.

If the organization’s archives are lost through no fault of a person, then the terms of his work at this enterprise are confirmed on the basis of reports from at least 2 witnesses who know the applicant from general activities during these periods. Witnesses must have certificates proving their employment with a specific manager while working in common with the person for whom they are providing information.

A person will need to send an application to the Pension Fund with a request to confirm the duration of work based on reports from witnesses, indicating their full name and registration addresses. The application is accompanied by an archival certificate stating that the documents of the liquidated organization were not found.

The duration of a person’s work at the enterprise, which is confirmed by reports from witnesses, cannot exceed 50% of the insurance period required to establish pension payments.

Witness reports are accepted to establish the period of work in Russia before a person is registered as an insured citizen. It will not be possible to confirm military service or time spent caring for a child with a disability with the help of witnesses.

How to prove the fact of experience

Witness testimony remains one of the options for proving work experience for this category of workers. That is, you can use the testimony of your colleagues, personnel or accounting department employees, for example. In any case, the wider and more powerful the evidence base, the stronger your position in court.

In addition to the size of the pension, length of service (or length of working life) also determines the amount of social payments to citizens of the Russian Federation during certain periods of their lives when they cannot attend work: that is, during periods of temporary disability, while on sick leave, during vacation. child care.

But there are also cases when employees worked, for example, under a civil contract. It is inherently different, of course, from labor. And in such a situation, if your employer in good faith transferred contributions to the insurance fund for you, there will be no problems. Since receipts are recorded by the Pension Fund of the Russian Federation in a mode independent of you.

directly the civil contract itself, signed by both parties to the labor relationship;
document extract from the citizen’s personal account;
payment documents from the place of work;
a certificate in 2-NDFL format, which reflects: the source of your income, the amount of your salary, the amount of tax withholdings. You can get it from your employer (usually issued annually);
copies of administrative documents or additional agreements.

employment contracts and civil contracts;
extracts from orders;
certificates issued by the employer;
personal accounts of the employee and statements for the payment of wages;
documents confirming the fact of payment of mandatory payments to the tax authorities.

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To do this, it is necessary to send an application to the territorial branch of the Pension Fund of the Russian Federation with a request to establish working hours based on witness testimony. You will need to attach documents confirming the fact of the loss of other documents confirming your work activity (for example, an archival certificate containing information about the absence of the necessary information in the archive).

When filing a claim, witnesses can confirm the employment relationship between the employee and the enterprise. This method of obtaining evidence is accepted in practice in the absence of information about length of service in the work book or if payments to extra-budgetary funds are not confirmed in the established procedure in force at the time of performance of labor duties.

The court determines what fact (the circumstance of payments under the employment contract to the pension fund) is established on the basis of a petition filed by an interested party, the procedure for calling citizens to give explanations on the essence of the case. This procedure is carried out in order to check information about the grounds for calculating seniority, except for payments to social funds.

So mine rescuers have to go to court. It must be said that all the claims of VGSV employees are satisfied by the courts and the Pension Fund of the Russian Federation, based on the court decision, assigns a pension, but this situation has already frayed the nerves of many. And many are yet to come.

Another thing I would like to draw attention to is the attitude of specialists and managers of KHPP and Kolymaenergo, which includes KHPP, towards their former employees, in particular when applying for a preferential pension according to list 1. For example, I was not provided with any assistance - not even advice, no documents, in a word - none.

With the exception of the provision of some documents from the deputy chief engineer and director of the Kolyma Hydroelectric Power Station, as well as the platoon commander of the GSV KGES, and then only thanks to friendly relations.

I think that it is unlikely that there will be any help from this side for former VGSV employees who are now trying to apply for a pension under List 1.

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Today, it is not uncommon for citizens retiring from old age to be faced with the problem of confirming work experience that took place in the nineties of the last century. In that turbulent decade in the history of our country, there was a radical change in the entire structure of our society, including in the sphere of labor.

Enterprises changed their owners, many closed and new ones opened. Some employers, when closing their enterprise, disappeared along with all documentation related to the activities of the enterprise, leaving their employees without the opportunity to confirm their work experience at this enterprise.

How to confirm work experience if an organization is liquidated and there are no documents from this enterprise in the archives?

The main document confirming a citizen’s work experience is still the Work Book. And if all the entries in it are completed correctly, in accordance with the Instructions for filling out work books No. 69 dated October 10, 2003, developed by the Ministry of Labor, then usually no problems arise.

18 Jul 2021 toplawyer 34

To substantiate his claims, the plaintiff provides evidence in the form of witness testimony as evidence confirming the existence of work experience that gives the right to early assignment of a retirement pension. The court completely justified this testimony, with reference to Art. 60 Code of Civil Procedure of the Russian Federation, paragraph 3 of Art.

13 of the Federal Law “On Labor Pensions in the Russian Federation” was not accepted as evidence confirming the nature of the plaintiff’s work (Cassation ruling of the Supreme Court of the Udmurt Republic dated July 21.

2010 in case No. 33-2387) In another case, the court, dismissing the claim, indicated that the law established a limitation on the admissibility of means of proof when determining the nature of work, which refers to the peculiarities of the conditions for carrying out the labor function.

Attention For example, confirmation from the fire inspection service about a fire at the facility, indicating the date of the event.

Certificate of loss of the book signed by the employer indicating the reasons.
Certificate from the archive about the absence of data on the requested periods of work.

If the loss of documents occurred as a result of careless storage or intentional destruction, but the employee is not to blame for this, then the testimony of 1-2 witnesses can be used as confirmation of work experience. They must be the employee’s colleagues, that is, work at the same enterprise. According to their testimony, the duration of work should not be longer than that established by law when assigning a pension.

It is permissible for a witness to provide his testimony in writing if he is unable to testify for objective reasons, for example, in case of illness.

Individual entrepreneurship of citizens who have a document confirming their registration as an individual entrepreneur and have paid taxes, which is confirmed by a document from the tax service or the Pension Fund, depending on the form of taxation.
Farmers who regularly paid taxes, as evidenced by a certificate from the Pension Fund or the tax office.
Workers of family communities of indigenous peoples of the North who are registered as entrepreneurs engaged in traditional crafts.
Employees of creative teams who are not on staff, but who performed work in these organizations and received remuneration for their work.
Detectives, notaries, lawyers who are engaged in private activities.
Military personnel, as well as equivalent employees of the Ministry of Internal Affairs and the penal system.

Initiation of legal proceedings

From 1986 to 1995, bosses often did not send documentation about the length of service and salaries of their subordinates to the archives. In addition, there are no legal acts on what a person should do if salary documents do not exist in the archives. In this case, information about payments according to the law is provided either by the employer or by the archival company on the basis of statements and personal accounts.

If such problems arise, it will be necessary to initiate legal proceedings with a demand to recover damages from the head of the enterprise for not transferring documents to the archive during the liquidation of the organization.

Yulia Gromovenko
Practicing lawyer. Graduate of the Department of Commercial Law and Fundamentals of Law, Faculty of Law, Moscow State University named after M.V. Lomonosov. Currently an expert author on legal websites. Author's page

What is recognized as evidence of work experience?

On January 1, 2002, the Law “On Labor Pensions” dated December 17, 2001 No. 173-FZ, which established the definition of insurance length, came into force - and from that moment on, the concept of length of service was eliminated. Nevertheless, the procedure for confirming a citizen’s accumulated experience is identical to the previous one, regardless of the period during which he worked - before 2002 or after.

Every officially employed person accumulates work experience, on the basis of which many payments are calculated, for example, sick leave, old-age pensions or long service. That is why it is necessary to understand the procedure for calculating and confirming length of service, since the calculation of pension payments depends on how many years of work will be added to the length of service and how many will be deleted from it.

The legislation does not exclude cases when a person does not have any documents on work activity due to any circumstances, therefore membership and trade union cards can be additionally considered. Only those periods in which the citizen paid contributions from wages, scholarships, and benefits will be taken into account.

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