Ministry of Labor of Russia - on the accrual of experience in SROs of construction workers

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Published: March 18, 2016

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A person’s work experience is the period of his life devoted to work and other activities useful to society. When calculating it, all recorded working hours are summed up. The concept of seniority is a general definition of several types of seniority. These include:

• General labor is all human activity.
• Continuous – the sum of work periods. If the intervals between them are less than a month.
• Special or other activity of public benefit.

We will talk about the latter in more detail.

• Concept
• Current legislature
• History of the concept
• Main types
• Experience of medical workers What is included in the experience?
• How to prove? Documentary
• Witness's testimonies

Concept

Special length of service is the recorded and documented duration of a person’s activity in specific conditions, special working conditions, positions, professions or jobs defined by law that are useful to society.

For example, guardianship or care for seriously ill people. It is taken into account when establishing salary supplements, benefits, calculating sick leave and other payments in some regions of the country, for example, the Far East, when assigning an old-age pension early or long service.

If the pension is assigned in the general manner, that is, upon reaching the age established by law, then the special length of service will be included in the general one.

The condition for receiving a long-service pension is the cessation of professional or other activities. Dismissal from office, resignation. This rule is mandatory for all categories of citizens who have special experience, except for teachers and medical personnel working in rural areas.

Current legislature

Special experience is primarily regulated by:

• Federal Law – 340-1 dated November 20. 1990 “On state pensions”;
• regional legislative acts;
• and regulatory documents of local governments.

In addition to this law, special experience is regulated by a number of laws and regulations:

• Labor Code of the Russian Federation.
• Federal Law-76 “On the status of military personnel” in the latest edition dated June 28, 2002.
• Federal Law-3061-4 “On social protection..... of the Chernobyl Nuclear Power Plant”, latest edition 25.
• 06. 2002.
• Resolution (CM of the RSFSR) number 384 “On the assignment of... pensions... to flight test personnel”, last edition - 08/12/1002. Federal Law-10 “On Trade Unions...” dated July 25, 2002.
• Resolution of the Ministry of Labor, which explains the use of lists and lists of professions, jobs, positions, productions, in accordance with the Law of the Russian Federation “On Pensions”. It was published on May 22. 1996.
• By Decree of the Government of the Russian Federation No. 537 of July 18, 2002 “On lists...”.
• Presidential Decree No. 1141 dated September 20, 2010, as amended on May 19, 2011 “On the list of positions... for.. for length of service...”

History of the concept

This special service, which was not clearly expressed, began to exist during the reign of Peter 1. He paid his subjects a pension for “sovereign service.” However, there were no other pensions at that time. In 1918, the Soviet government established two types of pensions, which, in fact, required special length of service.

These are pensions:

• Civil servants.
• Military personnel.

Subsequently, the list of persons with special experience expanded. It included people who worked in enterprises with hazardous working conditions, who received special merit for their activities, and a number of others.

But for the first time, special length of service, as a separate type in the pension system, was allocated by the legislator only in the Russian Federation, in 1996.

Types of special work experience

1. Special length of service taken into account when assigning an old-age pension early (Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”);
2. Length of service.

Special (professional) work experience

In accordance with Art. 27 of the Federal Law of December 17, 2001 “On Labor Pensions in the Russian Federation” the right to early assignment of an old-age labor pension is reserved for persons who worked for a specified period in underground work, in work with hazardous working conditions, in hot shops and others works. In this case, Lists No. 1 and No. 2 of production, workshops, professions and positions, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991, as well as other Lists in accordance with the Decree of the Government of the Russian Federation dated July 18, 2002 No. 537, are used. For purchase To qualify for early retirement, they must have an insurance period of 15 to 25 years.

Each type of work has its own Lists. An old-age labor pension is assigned early if the insured person has worked in the jobs specified in the Lists for at least half of the required period as of 01/01/2003. For persons who have worked less than half of the required period, as well as those hired after 01/01/2003, the introduction of professional pensions was planned. To implement this provision, a draft federal law on professional pension systems was developed and passed the first reading in the State Duma of the Russian Federation. However, this law has not been adopted to date.

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

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A unique basis for determining the right to early retirement is the territory in which the labor activity was carried out. Such territories include areas of the Far North and equivalent areas, as well as areas exposed to radioactive contamination. The list of regions of the Far North and equivalent areas was approved by Decree of the Council of Ministers of the USSR dated November 10, 1967 No. 1029. The list of settlements located within the boundaries of radioactive contamination zones due to the disaster at the Chernobyl nuclear power plant is contained in Decree of the Government of the Russian Federation dated December 18, 1997 No. 1582.

Persons who have worked for 15 calendar years in the regions of the Far North or 20 years in equivalent areas are assigned old-age pensions before reaching the usual retirement age if they have an insurance period of 25 years for men and 20 years for women.

For the purpose of socially justified differentiation of pension provision in connection with special working conditions, there is no other alternative other than the creation of professional pension systems. Therefore, special (professional) work experience will serve as one of the necessary legal facts in a complex composition that gives rise to the right to a professional pension before reaching the usual retirement age - 60 years (men) and 55 years (women).

Main types

Special experience, in fact, is understood as a taken into account time period of activity useful for society. For example, the work of a teacher or doctor. When we talk about this type of internship, we proceed from the fact that its main purpose is:

• Assignment of early pension.
• Long service pensions.
• Salary supplements, compensating or incentives.
• Grounds for appointment to a position, government or other socially important.

Citizens for whom special length of service is calculated and who have the right to claim the above security include:

• Civil servants.
• Military personnel.
• Persons undergoing service equivalent to military service. For example, employees of the Ministry of Internal Affairs, FSB, Ministry of Emergency Situations, etc.
• Persons employed in hazardous work.
• Persons living and working in regions defined by the legislator as unfavorable for work and life. For example, in the Far North.
• Astronauts.
• Flight test crew.
• And a number of others, for example, temporarily disabled people, pregnant women, and giving birth.

Now let’s take a closer look at some of the categories, how experience is formed, and how to confirm it.

Experience of medical workers

When calculating the special length of service of a medical worker that gives the right to early retirement, one must take into account the requirements set out in the “Law on Pensions” (Article 27). It establishes that a person who has worked as a doctor in a rural area can apply for early retirement if his length of service is:

• 25 years in the village;
• 30 years in the city.

But at the same time, the position he held must be taken into account in the “List of Positions..” (Government Decree No. 781 of October 29, 2002) and be called as it is called in the “Nomenclature of Positions” approved by the Order of the Ministry of Health and Social Development.
(27.04.2009, No. 210). She must meet the qualification requirements set out in order No. 415 of the same ministry dated July 7, 2009. Otherwise, the pension will be assigned according to general principles. When calculating special experience, you must be guided by the Rules for its calculation established by the Government.

What is included in the experience?

The time of residency training is not included in the length of service.

The length of service includes both the duration of medical activity and time of temporary disability, maternity leave, bulletin, etc.

If a person worked both in a village and in a city, then the so-called mixed length of service .

In this case, the time spent working in a village or in urban-type settlements is counted as follows: 1 and three months are counted for one year.

For a number of health workers, a correction factor has been established when calculating special length of service. For example, junior surgeons (operating personnel) working in operating rooms, traumatology, ophthalmology, and surgical departments count 1 year and 6 months as their length of service for one year of work.

Persons associated with anesthesia and resuscitation, both doctors and nurses, count 1 and 6 months in one year.

It should be noted that the calculation of the special length of service of medical workers and the appointment of early pensions are regulated by a large number of regulations. Therefore, when calculating your length of service, you should consult a specialist, a PF employee or a lawyer.

How to prove?

The main proof of work experience is a work book. If all

the periods of work activity are recorded in it, the records are made correctly, then there will be no problems with the assignment of a pension.

If some records are made inaccurately, incorrectly, or are missing from certain periods of work, then there are two ways to prove the existence of length of service:

• documentary;
• witness's testimonies.

Documentary

In the first case, certificates from the organization where the doctor worked are used for proof. If there is no entry in the employment record, an employment contract or a certificate from the organization can serve as confirmation.

If the organization has ceased to exist, then you need to make a request to the archive. After receiving a response from the Pension Fund, an application is drawn up with a request to restore the length of service.

Supporting documents are attached to it. Some periods of activity can be restored and included in the length of service through the court. For example, studying at a university, but only if the person studied during Soviet times. Then study was included in the experience. But only on condition that the person worked before training and immediately after.

Witness's testimonies

It happens that the organization’s documents are not in the archive. In this situation, the law allows that witness testimony can serve as proof of experience. They are attached to the application to the Pension Fund with a request for restoration. There must be at least two witnesses. They must have documentary evidence of the fact that they worked together with the applicant during the period of time that he requests to be reinstated in his seniority.

Documents for confirmation

When applying for an early pension, it is necessary to prepare evidence of special experience.

for this :

• a work book designed to record all places of employment of a citizen;
• salary transfer invoices, which can be replaced by pay slips;
• labor agreements drawn up and signed with employers;
• extracts made from orders of the leadership of various organizations;
• certificates from institutions that contain information about the terms of work, position held and other relevant data.

The need to obtain certificates and other documents arises if PF employees, for various reasons, do not have information about all places of employment of a citizen applying for early retirement. Therefore, if a citizen is previously denied a payment, he will have to collect the necessary documentation within 5 days.

If the organizations in which the citizen worked are already closed, then you will have to use the services of the archive. The certificates must contain information not only about the periods of work and the name of the organization, but also about the position held, as well as about the dangerous or difficult conditions under which labor duties were performed. These documents confirm that the work was indeed dangerous and difficult. Job descriptions and employment agreements may be used for this purpose.

If the company where the citizen worked was not an official enterprise with special conditions, then such length of service is not considered special. In this case, even the testimony of other workers is not taken into account.

Teachers' experience

Special experience includes the time during which a person conducted teaching activities. It also includes:

• periods of postgraduate study;
• Military service;
• work in elected positions;
• other work, in addition to teaching, in the educational field, for example, in the Ministry of Education;
• periods of temporary disability;
• and a number of other activities related to teaching work.

What is included in the experience?

In a short article it is impossible to outline all the provisions of regulations and legislation governing the special experience of a teacher. Mark the main ones. Teaching experience is counted primarily for teaching activities and work related to them.

A teacher receives the right to early retirement if he has at least 25 years of experience.

Just like with medical workers, when calculating teaching experience, one should be guided by the List of Positions, the qualification characteristics of a teacher, the Rules for calculating special experience, and regulations approved by the Government.

How to prove?

A general procedure has been established to confirm special experience. The main document is the work book. In case of controversial situations, the existence of experience is confirmed either by documents or by witness testimony. We have already talked about all this in more detail in the section “Experience of Medical Workers”.

What it is

The official definition of special length of service for assigning a pension is given in Art. 27 Federal Law “On Labor Pensions”. It is accrued when working in hazardous conditions that negatively affect the health of the hired specialist. Additionally, this includes work with intense loads. In order for a person to count on early retirement based on special service, certain conditions must be met.

These include:

• specific duration of work in difficult conditions;
• the presence of documents that confirm that the citizen worked under the right conditions.

Attention! According to PP No. 1015, official documentation of the work is required, therefore other types of certificate are not considered.

A special feature of special experience is that it refers to periods of work under special conditions. This does not take into account how many insurance premiums were paid by the employer for the employee.

Length of service

Categories of citizens who receive credit for length of service:

• Civil servants.
• Military personnel.
• Persons undergoing military service.
• Citizens employed in hazardous production.
• Working in specific conditions.
• Busy with hard work. Miners and a number of others.

How to calculate?

Persons who have served 25 years are entitled to early retirement. For federal civil servants, the length of service is 15 years.

When calculating length of service, all periods of the specified activity are included in it. Correction factors are used. Depending on the category, working conditions and other circumstances specified by law, the coefficient can be 2.0 or more. So, in the case of an established coefficient of 2.0, a year of service is counted as two.

How to prove?

The procedure for confirming length of service is no different from the general procedure established for special length of service. The main document is a work book or other document confirming work experience. See above for more details.

There is, however, one difference. Studying during length of service is counted towards length of service .

Rules for calculating years worked

To determine the duration of special service, the total number of days of production is calculated. To receive an early pension, you must work in the Far North or under dangerous conditions.

If a woman works under such conditions and is pregnant, she is transferred to safe work, but the entire period is counted as special work experience.

In order to correctly perform the calculation, special lists approved by the Government of the Russian Federation, as well as those available in the provisions of Federal Law No. 400, are taken into account.

During the calculation, the following rules are taken into account:

• the retirement age is reduced for a period of 5 to 10 years;
• usually more favorable conditions are offered for women;
• for some positions, special rules are provided for the influence of special experience on reducing the retirement age;
• to confirm the harmfulness of work, it is necessary to focus on the results of a special assessment, which is carried out annually after 2012;
• Work that is carried out in the Far North or other areas equated to northern conditions has a huge impact on the length of service.

Before the adoption of Federal Law No. 400 in 2013, slightly different rules for calculating special service were applied, which are still used in determining the current retirement age.

Experience of pilots and testers

For this category of persons it is established that they have the right to receive a pension:

• early;
• according to length of service.

How to calculate?

When determining length of service, it is taken into account that the maximum age for retirement is established:

• men – 55 years old;
• women – 50.

Professional experience must be five, 10 or 15 years. The insurance period is also taken into account, which is:

• 25 years for men;
• 20 years for women.

For persons working in Civil Aviation length of service:

• 25 years old - men;
• 20 years old – women.

If a person retires due to health reasons, then the length of service is reduced when calculating. In this case, it will be 20 years for men, 15 years for women.

How to prove?

We described in detail the process of confirming experience above. It is valid for all categories of citizens with special experience.

How to get sick leave at a clinic - a complete guide. If you want to find out how long you will be paid maternity benefits, then our information will be useful to you.

Find out more about the state pension for disabled people here.

When to apply

It is impossible to say exactly when a person will be able to apply for a pension, since he can start working under difficult conditions at different ages. In this case, lists of professions are taken into account, which are regularly changed and supplemented by federal regulations.

Therefore, the following rules are taken into account:

• if a woman worked under particularly difficult and dangerous conditions, then she will be able to retire at the age of 45, but this requires at least 15 years of experience, and of these 15 years, at least 7.5 must be worked in hazardous production;
• if a man works under such conditions, then retirement is possible for him from the age of 50 with 20 years of experience, with 10 years of special experience required;
• if the work is carried out in simply dangerous conditions, then women retire at 50 years old with 20 years of experience, and men at 55 years old, and their experience should be 25 years.

The full list of professions and conditions can be studied on the website of the Government of the Russian Federation, and changes and additions are regularly made.

Each profession has its own nuances. For example, medical workers who work in villages can count on a pension payment from the state 25 years after employment. If the work is carried out in the city, then 30 years of experience is required. At the same time, special coefficients are offered for surgeons and some other doctors.

If a teacher applies for early retirement, then not only work in the profession is taken into account, but also postgraduate studies, as well as occupation of other positions in the educational field.