What is continuous medical experience? How is it calculated and does this component of work make sense for medical workers? All these questions are interesting when a person is going to devote his life to medicine. This area of work is extremely responsible and serious. This means that for the mentioned features you can expect some kind of allowances and bonuses. How are things going with this in Russia? What can medical personnel expect in a given country?
Definition
Unfortunately, the concept of continuity of medical experience is not always clear to citizens. And not in all cases it is possible to correctly calculate its duration.
Continuous medical work experience is the time that an employee has worked in the field of medicine, with only officially permitted breaks in work. For example, annual leave.
Continuity of work experience in the medical field is important for many. After all, this indicator helps to receive certain additional payments to the established salary. And we are not talking about bonuses at all. What features does continuous medical experience entail? What should you pay attention to? And what additional payments are due to employees under certain circumstances?
Resolution of the Presidium of the St. Petersburg City Court dated N 44g-787
The court did not take into account that the staff of the 14th structural unit of anesthesiology and resuscitation of the 442 OVKG included the position of “senior nurse anesthetist” until 02.22.2002, which, on the basis of the directive of the State Medical University of the Ministry of Defense of the Russian Federation dated 02.22.2002, was changed to the position “ senior nurse". At the same time, despite the difference in job titles, the positions remain identical, since the nature of the work performed by the “senior nurse anesthetist” and the “senior nurse” of department 14 remains the same, they perform the same functional duties.
P. filed a lawsuit against the defendant for the obligation to include in the special length of service the periods of work from 09/06/1982 to 02/01/1990 and from 02/15/1996 to 04/01/1997, the obligation to assign a pension from 03/19/2003, indicating, that from 09/06/1982 to 02/01/1990 she worked as a ward nurse, dressing room nurse of the 6th thoracic department of the Leningrad City Oncology Dispensary. This department is a department of surgical profile, and therefore in accordance with Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 N 464, according to which the calculation of terms of service is carried out according to the following rules: surgeons of all names, nursing staff of departments (wards) of surgical profile of hospitals . one year of work in these positions and departments shall be counted as one year and 6 months,” the specified period of work must be counted according to the specified principle. However, the commission took into account this period according to its actual duration. From 02/15/1996 to 04/01/1997, she worked as a senior nurse anesthetist in the department of anesthesiology and resuscitation of the 442 military clinical hospital named after. Z.P. Solovyova. The commission counted this period of work according to its actual duration. At the same time, it was not taken into account that department 14 retained the structure, goals and functions in the treatment process. The position of nurse anesthetist is provided for in the List of positions of doctors and paramedical personnel, work in which for a year is counted towards the length of service giving the right to early assignment of an old-age pension, as a year and six months, approved by the Decree of the Government of the Russian Federation of October 29, 2002 N 781. In addition, the position of “senior nurse anesthetist” was provided for in the staffing table of 442 OVKG until 1999. In connection with the directive of the State Medical University of the Ministry of Defense of the Russian Federation N 161/11080 dated February 22, 2002, the position of “senior nurse anesthetist” was changed to the position of “senior nurse”. The job descriptions of the senior nurse anesthetist and senior nurse remained the same.
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Features of Calculus
Let's clarify the situations in which the length of service will not be considered interrupted. The fact is that this moment is extremely important. If continuous medical service breaks, all bonuses and allowances disappear, and the employee runs the risk of being left without additional payments.
At the moment, in Russia, continuous medical experience is maintained subject to working activity without periods of unemployment lasting more than a month. But in this case it is important not to change the field of activity. That is, if an employee decides to change jobs, he can do so. But to ensure continuity of medical experience, you will have to continue performing your job responsibilities in the field of medicine.
Please note which periods can be considered counted towards the length of service:
- Holiday to care for the child;
- “rest” during pregnancy and in view of the upcoming birth;
- military service on urgent conscription;
- serving under a contract;
- alternative service in the armed forces of the Russian Federation;
- the period of caring for disabled people and the elderly who have reached the age of 80 years.
During these periods of time, termination of performance of official duties is not considered a break in work activity. This means that all allowances and bonuses will be retained by the employee.
How is medical experience confirmed?
Medical experience is confirmed by individual (personalized) accounting data (clause 10 of the Decree of the Government of the Russian Federation “On approval of the rules for calculating and confirming insurance experience...” dated October 2, 2014 No. 1015).
If this information is not enough, periods of employment can be confirmed by documents, namely a work book (hereinafter referred to as the LC) or, if it is not possible to establish information on the LC:
- labor agreement;
- certificate;
- an extract from the order;
- personal accounts, etc.
Those who worked under a civil contract can confirm their MD with documents such as (clause 13 of resolution No. 1015):
- this agreement;
- a document from the organization indicating that obligatory payments have been made for the employee.
In the event that the employee was not registered as an insured person, but carried out labor activities, this period of work can be confirmed on the basis of witness testimony (clause 5 of Resolution No. 1015).
In the same way, it is possible to confirm the length of service if the organization where the employee worked was liquidated and no documents (including in the archive) regarding the employees were preserved.
Upon dismissal
It has already been said that dismissal is not a death sentence for continuity of employment. This is normal. All employees are allowed to look for a new job for some time and at the same time have the opportunity to accumulate continuous experience. But what about finding a job in the medical field? How much time does it take to find a new job?
Continuous medical experience after dismissal remains for a month. During this time, the citizen must again begin working in the medical field. It is not necessary to work as a doctor or strive for employment in high-ranking positions. The main thing is to work and be listed as medical personnel.
Accordingly, all allowances will remain the same - you don’t have to worry about that. But their size may change. After all, there is one very important factor on which the amount of additional payments to earnings depends. More about him a little later. The first step is to figure out how to maintain continuity of work experience.
What is medical experience?
After graduating from a professional educational institution, in this case we are talking about medical universities and colleges, doctors of various specialties begin working in hospitals, clinics, laboratories and other healthcare institutions.
From this moment the countdown of work experience begins. It is necessary so that by the time of retirement citizens have good allowances, benefits and a decent pension. Based on the length of the period of work, employees are calculated their years of service, for which they are also entitled to certain additional payments.
What does it give?
According to changes in pension legislation, workers today do not earn specific length of service in a medical institution, but the insurance part of it.
This means that based on contributions to the Pension Fund, which are made monthly by the employer for the employee, coefficients are accumulated that are taken into account when calculating pension payments. The legislation provides for a grace period for retirement for healthcare workers. Preferential - this means that the total period of activity giving the right to retire is reduced.
Reduction and liquidation
Sometimes it turns out that a person loses his job due to staff reduction or liquidation of the company. What to do then? How long can you look for a new job?
Continuous medical experience after the reduction or liquidation of an organization lasts 3 months from the date of termination of employment. A citizen has 90 days to find a new job. Again, it is very important to maintain employment in the medical field, otherwise there will simply be no continuity.
We can conclude that continuous experience in the field of medicine is not always lost after dismissal. This means that, under certain circumstances, you can hope for allowances and bonuses provided for by law.
Unfortunately, their exact sizes are difficult to calculate. There is a possibility that after the next employment, payments will either increase or decrease. But they are unlikely to remain unchanged.
Judicial procedure for the restoration of pension rights
- Analysis of your situation , taking into account the legislation in force both today and during your working life. Analysis of compliance with the conditions giving the right to a pension in their relationship with available documents and construction of a position.
- Preparation of a statement of claim . The defendant in these disputes is the pension fund, and the statement of claim itself is filed with the court at the location of the pension provision body.
- Consideration of the case . At this stage, you will need to justify your position in terms of not only the factual circumstances of the case, but also the available evidence.
- Assignment of pension by court decision . If the decision was made in your favor, you need to receive it with a mark of entry into legal force. With this decision, you must contact the pension fund authority. After this, you will be assigned and paid a pension from the moment you initially applied for it.
Where to work
The next question that interests many is employment in a new medical institution. The fact is that now it is possible to divide all activities into several components. There are public and private medical institutions. Does working in a particular location affect bonuses and continuity of service?
Not always. In terms of payments, often yes, but in terms of length of service, no. In other words, continuous medical experience after dismissal, for example, from a public clinic and employment in a private hospital will remain. And vice versa. The main thing is to meet the time restrictions established in Russia at the legislative level.
In what cases is the length of service not interrupted?
In addition to the above cases, when the employee does not actually carry out labor activities, but is on the staff of the enterprise, or is fired, but the SS continues to be accrued to him, there are other periods that do not interrupt the length of service.
For example, continuous medical experience continues to accrue for 2 months if during this period:
- a person from the regions of the Far North and territories equivalent to it, after the expiration of the employment agreement, gets a new job;
- the person resigns from Russian organizations in foreign countries and finds employment in a new place.
Continuous MD remains for 3 months when:
- a person dismissed due to temporary incapacity for work or disability has regained his ability to work and is about to go to work;
- the employee is employed after dismissal due to unsuitability for work due to deteriorating health;
The length of service is not interrupted by paid work or practice in graduate school, clinical residency, as well as training or advanced training (Article 187 of the Labor Code, appeal ruling of the Astrakhan Regional Court dated March 1, 2017 in case No. 33-879/2017).
There are also periods that do not interrupt the length of service, but are not included in it (clause 9 of the Rules):
- studying at a university, graduate school or clinical residency, if no more than 3 months have passed between dismissal and admission to study;
- the period of residence outside the Russian Federation of family members of employees sent to a foreign country to work at enterprises of the Russian Federation, if no more than 2 months have passed between the dates of return to their homeland and employment in the Russian Federation;
- off-season time, when the employee does not work according to the contract (for seasonal work);
- the period of stay in a medical-labor dispensary, if no more than 30 days have passed between the dates of leaving the dispensary and employment;
- the period of serving correctional labor at the work address.
Does everyone get paid?
Some are interested in which employees are entitled to cash payments for continuous work in the medical field. Does position play a role in accruing additional money?
The question is difficult. In general, continuous medical experience has many features. Russian legislation indicates that position plays a role in calculating relevant payments. But it is not the case that some people are entitled to bonuses and others are not. All employees who work in the medical field for a long and continuous time will be rewarded to one degree or another.
The only thing that the employee’s position affects is the amount of money accrued. And nothing more. Therefore, there is no need to worry about losing additional accruals if an employee moves from the status of a doctor to the rank of a nurse. All required bonuses for continuous medical experience will still remain.
Features of early retirement provision for medical workers
Paragraph 2 of this Resolution establishes the rules for calculating length of service, so, in particular, for doctors anesthesiologists-resuscitators of departments (groups) of anesthesiology-reanimation, departments (wards) of resuscitation and intensive care - one year of work in these positions and departments is counted as one year and 6 months.
Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 No. 464 approved the List of professions and positions of healthcare workers and sanitary-epidemiological institutions, medical and other work in which to protect public health gives the right to a pension for long service.
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What affects the amount of payments
It is also important to understand what exactly affects payments for labor in medicine. It has already been said that there are no clearly established amounts to be paid to one degree or another to medical personnel. But there are factors that influence what the additional payment for continuous medical experience will end up being. This:
- employee's place of work;
- job title;
- time spent working in the medical field;
- salary.
The most significant point is the last one. And all the rest are just small factors on which the level of earnings an employee receives depends. True, in some cases all of the above indicators play the same role.
It turns out that the higher the salary, the greater the payment. And it is right. After all, all calculations are carried out as a percentage of the earnings received. This means that the bonus for continuous medical experience cannot be the same amount of money. Everywhere has its own salary. And the surcharge depends very much on it.
The length of continuous medical experience also plays a huge role. It is not difficult to guess that the longer an employee works, the higher the additional payments will be. Therefore, this point should not be overlooked either. It is this reason that becomes the main one when deciding on the further employment of a dismissed employee. You don’t really want to lose the bonus!
Supreme Court of the Republic of Bashkortostan Determination Civil case 33-5455
According to paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30 “On the practice of consideration by courts of cases related to the implementation of the rights of citizens to labor pensions”, the question of the identity of the work performed by the plaintiff in his position with those works that give the right to early assignment of labor old age pensions, if they are fulfilled in the same structural unit of the medical institution.
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In this list, the names of structural units include the departments of anesthesiology and intensive care, as well as resuscitation and intensive care institutions, and the positions of nurse anesthetists are among the job titles.
Features of accruals
How to correctly calculate the required additional payments? The bonus for continuous medical experience for part-time workers and other medical personnel is given in different amounts. How to correctly determine their size?
It has already been said that accruals will depend directly on the salary. In one case or another, a certain percentage of funds is taken from him, which will reflect the amount of payments due. It is important to consider that we are talking about the so-called net salary - without taking into account previously assigned allowances, bonuses and additional payments.
It is this point that is often not taken into account by employees. And they are surprised at the too small accruals for continuous medical experience. The additional payment is calculated taking into account only the “bare” salary. Any additional funds paid to medical personnel can no longer serve as a basis for accruals.
Early pension for medical workers in 2020-2020
2. Departments (groups, wards, mobile ambulance teams) of anesthesiology and resuscitation, as well as resuscitation and intensive care of institutions provided for in paragraphs 1-6, 8, 12, 15, 16, 20, 21, 27-30 of the list
3. Pathologists, including medical directors, and nursing staff conducting pathological and anatomical autopsies of corpses, histological studies of cadaveric material, organs and tissues removed during operations and biopsies, processing of cadaveric, surgical and biopsy material
Phthisiology
What other features should you pay attention to? Now that all the basic information about continuous medical experience and the specifics of calculating additional payments are known, you can study who is entitled to bonuses and in what amounts.
For example, what can employees who work in anti-tuberculosis institutions and are engaged in the field of phthisiology expect? For such personnel there are special conditions for calculating payments.
The bonus for continuous medical experience for part-time workers, secondary personnel, as well as key workers in institutions designed to diagnose and combat tuberculosis, as well as phthisiatricians, is in the following amounts:
- 30% of the salary received for the first 3 years of work;
- 45% - over 5 years;
- 60% - for 7 or more years of continuous work experience in the field of medicine.
Allowances for health workers per category
Additional payment for the category is established after doctors pass certification, which encourages them to improve their professional skills and abilities. Not only employees, but also heads of medical institutions have the right to receive a bonus for their existing category. Its size is calculated based on the employee’s salary.
Premium amount per category
The amount of the bonus depends on the category of health worker and his position.
Its payment is made from the organization’s payroll fund on a monthly basis in the amounts shown in the table: (click to expand)
No. | Health worker category | Amount of allowance |
1 | Higher | 30 % |
2 | First | 20 % |
3 | Second | 15 % |
How to set a surcharge for a category
As mentioned above, in order to receive this type of additional payment, you need to obtain a category, which is assigned after passing the certification. Let's consider a step-by-step algorithm for assigning such a premium:
Step 1 – Pass the certification. It is a kind of test of medical skills and level of professional knowledge by a specially approved commission. The provision of medical care to the population is approved and controlled by authorities, which, in turn, assemble a commission to certify doctors. You can go through it on the initiative of both management and subordinates. If the certification is passed with a positive result, then the category is assigned by the final decision of the commission.
Step 2 – Contact management to establish an additional payment for the category. This step follows the official publication of the decision of the certification commission. Types of categories are assigned strictly one by one, starting with the second. The assigned category is valid for several years, after which you need to undergo re-certification. Breaks in the doctor's work during the validity period of the category retain his category.
Step 3 – Confirm the category. During subsequent certification, the doctor confirms the existing category or raises it to the next level. Also, on the initiative of the doctor himself, if his professional level and practical skills have increased, early certification can be carried out.
Employer's responsibility for paying medical benefits
When hiring a doctor, the collective agreement or labor agreement states that after the category is assigned, he will have additional payments to his salary. If this is not stated in the papers, management still has no legal grounds not to assign this type of additional payment to its employee. This requirement can be written down in an appendix to the employment contract by personnel department employees or a lawyer, if there is one on staff.
Failure to pay such an allowance threatens with an administrative fine against the administration of the institution or dismissal by decision of the body conducting the inspection and identifying such a violation. Also, the manager has the right to compensate for the loss that the doctor received due to the lack of additional payments due to his salary at his own expense.
The administration of a medical organization must control the process of deducting tax amounts from assigned additional payments to the budget. If the allowance is not subject to personal income tax, then criminal liability with the possibility of restriction of freedom arises.
Anti-leprosy and anti-plague institutions
Further attention should be paid to anti-leprosy units, as well as institutions that were created to combat the plague. In these cases, all personnel are entitled to certain allowances for continuous work in the field of medicine.
Only in the first case, additional payments cannot exceed 80% of the salary, and in the second there is a limit of 100%. This is for medical professionals only. All other employees cannot receive bonuses that total more than 50 and 80 percent, respectively.
So how much is the staff entitled to in this or that case? In them, the bonus for continuous service for part-time workers, as well as other personnel, is set at 10% for each year of work. Accordingly, the exact amounts of payments will be known only after information about salaries in certain institutions is clarified.
Changes in preferential pensions for health workers
In accordance with the new pension reform, doctors still need to accumulate the required IPC (individual pension coefficient), which in the past year was already 16.2 points, and from 2020 will increase annually by 2.4 points until it reaches the level of 30 points.
Who is not affected by innovations?
Legislative innovations do not apply to specialists working in certain conditions:
- particularly harmful conditions – among radiologists and laboratory technicians in x-ray rooms;
- harmful working conditions for workers in psychiatric, tuberculosis, oncology and infectious diseases hospitals.
The rules for retirement and assignment of pensions to these categories of health workers in 2020 will remain unchanged. The deferment does not apply to them. The basis is Federal Law No. 350, which came into force on October 3, 2020.
Other
In some cases, you should expect a payment equal to 30% of the salary for 3 years, as well as accruals of 15% for each next 2 years of work for work in the field of medicine. But additional accruals cannot exceed 60% of “net” earnings. When are such bonuses due for continuous medical experience? Whether they are accrued to pensioners or not is not so important. The main thing is that this opportunity appears in the following cases:
- when working in rural areas and boarding schools;
- if the employee belongs to the nursing staff of obstetric centers;
- paramedics who work in pediatrics and in therapeutic departments of clinics;
- doctors working in the field of home care;
- to all chairmen and doctors of medical commissions.
Continuous medical work experience is what many employees in this field strive for. And there are reasons for this. After all, for continuous work, personnel are awarded certain additional payments in certain amounts.
What can any personnel who work in the medical field count on? Or more precisely, all employees of healthcare institutions and places of social protection of the population? It does not matter whether continuous medical experience in private clinics is implied or in public ones. The main thing is its presence and duration. All personnel who work in the field of health and social protection receive a bonus of 20% of the salary paid for the first 26 months of work, as well as 10% for each subsequent 24 months of work (but not more than 30% in total).
Continuous medical work experience is an important point for those who plan to work in the field of medicine permanently. Previously, certain bonuses were awarded for the continuity of any work, but in modern Russia there are none. Therefore, you should not worry too much about this component if you do not plan to work permanently in medicine.
Medical experience for retirement
For medical personnel, the key condition for retirement is the number of years worked in medicine.
Health care workers are entitled to a preferential pension when their number reaches 30 years in urban institutions and 25 in rural areas. When calculating length of service, the age of doctors is not taken into account; the main thing is the number of years worked in healthcare.
There are certain parameters for calculating certain categories of medical workers, for example, 1 year of work is equal to 1.5 years. This List of specialties is available in the Government Decree.
You can learn more about the preferential pension for healthcare workers from the video presented.