A certificate clarifying the special nature of the work or working conditions for periods of work that are counted towards the length of service giving the right to early assignment of a labor pension

Retirement rules from 2020

By decision of the authorities, a pension reform has started in Russia, according to which the retirement age for men is increased to 65 years, and for women - to 60 years.
But this is by 2023. In 2020, women will be able to leave work at 56 years old, and men at 61 years old. More detailed retirement schedule by year

Some workers retained benefits and were allowed to retire early. But early retirement will be granted to a woman whose experience is 37 years or more, and a man with 42 years of experience.

Employees may also qualify for benefits if:

• their professions involve difficult and harmful working conditions;
• they worked in the Far North;
• they worked in such fields as aviation, art and culture, health care and education, military and civil defense;
• were injured or were born disabled.

Women who have raised 3 or more children, parents and guardians of people with disabilities since childhood, and pre-retirees who registered as unemployed at the labor exchange but were unable to find a job will also be able to retire early.

When we usually go out...

This year, 56-year-old women and 61-year-old men will become pensioners. By 2023, the required ages will be 60 and 65 years, respectively.

First, let's look at who has the right to early retirement. In accordance with Article 8 of Federal Law No. 400-FZ of December 28, 2013, labor benefits can generally be received by a person who has worked for at least 15 years and has reached the above age.

Two years earlier, as part 1.2 of the same article states, the following can go to retirement: a man who has worked for 42 years, and a woman who has worked for 37 years.

Why do you need a preferential certificate?

To determine the categories of citizens entitled to a preferential pension, one should be guided by Ch. 6 Federal Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ (as amended on March 7, 2018) and two lists approved. Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 (as amended on October 2, 1991), which lists industries, positions and professions that give the right to early exit.

Before you start applying for a preferential pension, make sure that you have completed the required length of service as of the date of application. After that, start collecting the necessary papers. In addition to the standard set of documents (which includes a passport, work book, certificate of average salary for any 5 years, SNILS), the Pension Fund may require documents to confirm the right to early exit. For example, a form from the place of work certifying that the future pensioner worked in hazardous work. Where to get such a document and how to prepare it, read on.

And if the employee changes profession...

Ideally, the document should be issued by an organization whose work gives the right to early retirement. But suppose that a person held a preferential position in his youth. For example, a rescuer worked from 20 to 35 years old (that is, he received the necessary experience), and for the remaining five years he switched to a quieter job.

In this case, he can contact his former employer. But it happens that the organization no longer exists. The current boss won't help here either. You will have to go to the archives, where the papers of the liquidated company are collected. Only on the basis of its internal documents can this experience be confirmed.

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Issued to Pyotr Vasilievich Ivanov, stating that he was hired as an electric welder for manual welding

(Order No. 545 dated November 3, 1985).

Worked full time, full work week. He had no combination of professions. Leave without pay was not granted.

From 12/01/1993 he was transferred to a foreman of construction and installation works

(order No. 306/l dated November 10, 1993). Worked full time, full work week. He did not have a combination of professions 1.

From 01/11/1994 he was transferred
the work
contractor (order No. 12 of 01/10/1994). Dismissed on November 29, 1999 (order No. 260 dated November 25, 1999). Worked full time, full work week. He had no combination of professions. Leave without pay was provided: from 04/15/1995 to 04/30/1995 (15 days); from 09/03/1996 to 09/12/1996 (10 days); from 06/05/1997 to 06/10/1997 (5 days).

In accordance with current legislation, preferential pension provision according to List No. 2, section XXXIII “General professions”

(list item code 23200000-19906), approved by Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, is used
by electric welders of manual welding
.
In addition, Section XXVII “Construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other objects” of
List No. 2 provides for
masters of construction and installation work
(list item code 2290000b-23419) and
work producers
(list item code 2290000b-24441 ).

Reason for issuing the certificate: orders for personnel from 1985 to 1999; characteristics of work, job descriptions; personal accounts from 1985 to 1999; time sheet or working time log with hazardous working conditions (1985-1999); technological maps (regimes, regulations, etc.), if welders perform work provided for by the technological process of manufacturing the main product (for example, in serial machine-building production). For repair services - schedules of planned maintenance work (PMP) and reports on their implementation; defective statements for repair work and other documents 2.

In accordance with Art. 25 of the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ, the enterprise is responsible for the information contained in the certificate issued for the assignment of a pension 3.

Chief (director) (signature) Full name

Ch. accountant (signature) Full name

Head of OK (signature) Full name

Notes. 1 If the name of the organization has changed during its work, you can reflect this information in the Preferential Certificate, indicating the date and reason for the renaming, as well as the new name.

2 The basis for the issuance must indicate only those documents that can be provided for verification.

3 If the employer indicates in the Benefit Certificate the characteristics of the work by position (profession), the facility at which this work was performed, a brief description of the production (for example, for the production of rubber products) in which the employee who applied for an early retirement pension is employed, this will not be mistake.

Where can I get such a document?

The employer is responsible for preparing the documents necessary to determine an early pension. Therefore, the employee should contact the HR department of the enterprise with a written request for a preferential certificate. The completed form will have to be handed over to the applicant within three days from the date of application.

If the organization in whose hazardous production the future pensioner worked for several years was liquidated, in order to obtain documentary evidence of the length of service, you will have to contact the archive to which the organization’s papers were transferred for storage.

Rules for calculating work experience

Today, three types of length of service are used to calculate various types of pension benefits in Russia:

1. Total work experience. It should be understood as the total working time of a citizen.

1. Insurance experience. The period for which contributions to the Pension Fund were deducted in favor of the employee. Citizens who are entrepreneurs are required to pay for themselves. Contributions are also deducted from payments under GPC agreements.

1. Special, preferential experience . It means working in exceptional, difficult conditions, in hazardous industries, as well as working in specialized positions in healthcare and educational organizations.

Accounting is carried out according to the following rules:

1. is used on the principle of deducting the start date from the end date of work activity, plus one day.
2. If a citizen worked two jobs (part-time), then priority is given to that period of concurrent work activity, the calculation of which is most profitable for calculating a pension.
3. To calculate any type of length of service, a work book is used - the first document that can confirm the periods of an employee’s work activity. To be submitted to the Pension Fund, it must be completed correctly, that is:

• All entries in it must be reflected in the employer’s local documents - orders. The work book must indicate their details (number and date).
• Records of dismissal must be sealed with the organization's seal. This rule does not apply to work for individual entrepreneurs, for whom, in principle, the presence of a seal was an optional condition for conducting the relevant activity.
• Blots and corrections in the work book are unacceptable.

In accordance with legal norms, length of service, in addition to performing a work function under an employment contract, includes:

• "sick leave";
• time spent on parental leave up to 1.5 years;
• period of care for disabled citizens (under a number of conditions);
• service in the army and equivalent structures (under a number of conditions);
• period of being in the status of unemployed with receiving the corresponding benefits (under a number of conditions);
• time spent with a spouse who is a contract serviceman in an area where work activity is not possible.

The following periods are not included in the length of service:

• training at universities and colleges;
• undergoing industrial practice;
• serving a sentence in prison;

What should it include?

There is no legally established form of the document. Therefore, the company has the right to develop its own form and use it to draw up the document. When drawing up, you must remember: the more information confirming the right to early retirement the certificate to the Pension Fund contains, the fewer problems the employee will have when applying for benefits.

When filling out the form, you should be guided by the documents on calculating preferential length of service. Decree of the Government of the Russian Federation dated July 11, 2002 No. 516 approved the Rules for calculating periods of work giving the right to early assignment of an old-age pension in accordance with Art. 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”.

The certificate should reflect:

• information about the employer;
• FULL NAME. and the employee’s position giving him the right to a preferential pension;
• the date of employment of the employee and the date of his dismissal (if any) with reference to orders;
• periods of advanced training courses;
• periods of study leave;
• periods when an employee is on leave without pay;
• the length of time the employee is on maternity leave;
• the form is signed by the employer, the head of the human resources department and the chief accountant;
• The date of issue and certificate number must be indicated. A corner stamp is affixed.

It should be noted that the employer is responsible for the accuracy of the information specified in the certificate. And forms filled out with errors and blots will not be accepted by Pension Fund specialists.

Harmful working conditions

Often citizens have to work in working conditions that have a negative impact on them. Such conditions are called hazardous working conditions. You can find out what degrees of harmful working conditions exist in the following article.

In accordance with the law, there are four degrees of harm:

• First degree. Optimal working conditions. These include those places of work where danger and harm are completely absent. At the same time, the employee’s health and high parameters of his ability to work are fully preserved throughout the fulfillment of work obligations.
• Second degree. Working conditions are at an acceptable level of harmfulness. Harmful factors have little effect on the human body, but it manages to fully recover by the start of the next working day.
• Third degree. Harmful working conditions. Working conditions have a strong impact on employee health. They cause functional changes that lead to prof. illnesses and temporary disability. This group is divided into four subgroups:
  Increased risk of harm to health. To restore normal functioning of the body, an employee needs much more time than he has before starting a new work shift.
• When undergoing a medical examination, the employee is found to have significant changes in his health status. These changes entail the onset of various diseases, harm to health of moderate severity, complete or partial loss of working capacity when performing labor functions for more than fifteen years.
• Harmful factors persistently affect human health, causing severe harm. These factors cause occupational diseases of mild and moderate severity.
• This subgroup includes those harmful and dangerous working conditions that are so significant that they can cause a severe form of occupational disease during the period when the employee performed his job duties.
• Fourth degree. Dangerous working conditions. Such working conditions endanger the life of the worker. As a result of fulfilling work obligations, workers develop severe occupational diseases.

Harmful working conditions of grade 3 and 4 can be reduced to grade 1 by the expert’s decision. To do this, certain requirements must be met - implementation of the required safety measures and the availability of protective equipment at the workplace.

What factors are harmful and dangerous?

Harmful working conditions are factors that have an adverse effect on human health. These factors are:

1. Physical factors. These include vibration, various types of radiation, dust, poor lighting of the workplace, wind, and air humidity.
2. Biological hazards. Such factors include harmful substances that appear biologically - microorganisms, bacteria, microbes.
3. Chemical factors. Such factors are recognized as chemical components and substances that are obtained through chemical synthesis. For example, hormones and enzymes.
4. Labor factors. These include high moral and physical stress, long work shifts, and the need to work with heavy objects.

A complete list of professions with hazardous working conditions can be found in the article.

No harmful working conditions

There are situations when there are completely no harmful working conditions at work, and the employee needs a corresponding certificate about this. There are certain requirements for it; there is an established sample of a certificate of absence of harmful working conditions.

If there is a need for such a document, you will need to contact the HR department. There, if necessary, you can obtain information about the presence of dangerous and harmful factors, as well as about compensation received.

The certificate of absence of harmful factors must contain the following information:

• full and abbreviated name of the organization;
• working conditions;
• duration of work shift;
• confirmation of the absence of harmful and dangerous factors in the work.

Compensation for harmful working conditions

The legislation provides for the following compensation and benefits for specialists working in hazardous conditions:

• reduction of the working week (maximum thirty-six hours);
• free trips to health centers and sanatoriums;
• preferential pension and reduction of retirement age;
• additional leave, paid at the expense of the employer, for a period of at least seven days (more details in the article);
• an increase to the basic salary of at least four percent (more details in the article);
• free provision of devices for fulfilling work obligations and workwear.

To receive compensation, you must confirm your activities under the influence of harmful and dangerous working conditions. This can be done using the appropriate help.

Certificate of harmful working conditions to receive compensation

The pension fund and other government organizations paying compensation may request a certificate confirming work in harmful and dangerous working conditions.

It is compiled by the personnel department of the organization in which the employee works. There is no legally established form, but it must contain the following information:

• last name, first name and patronymic of the employee, as well as his insurance policy number;
• company registration number in the Pension Fund;
• the employee’s position and length of service;
• the nature of his employment;
• vacation dates at your own expense, as well as other unmotivated absences from work.

Source: https://okbuh.ru/vrednye-usloviya-truda/razlichnye-stepeni-po-trudovomu-kodeksu

Collection of documents for confirmation

To calculate your pension, it is important to take care in advance of collecting documents that confirm periods of work. It is best to do it 2-3 months in advance, as the procedure may be delayed.

If a work book is available and all periods of work are reflected in it, then in addition to it you may need:

• military ID;
• certificates of maternity leave;
• documents confirming the change of personal data (full name) of the applicant.

Request for a certificate to confirm work experience for the Pension Fund

To confirm work experience that is not reflected in the work book (for example, while working under the civil process, subject to the deduction of appropriate contributions), you can request a certificate from the pension fund.

It is needed, first of all, for submission to third-party authorities, for example, to the court . You can obtain it either by contacting the Pension Fund in person, or through electronic services, for example, “Gosuslugi”, as well as by registering in your personal account on the appropriate resource in the Pension Fund on the Internet.

Sample certificate

Other confirmation methods

If information about the employee’s length of service is not in the work book, or there are no corresponding records in the personalized accounting system, then there are other methods of confirmation, such as: certificates from the archive and witness testimony.

Archive request

Information about the facts of labor activity is not lost forever, but over time is sent to state archives, which, upon request, can provide a certificate about a particular period of work.

An application to receive documents from the archive can be submitted either by the citizen himself or by delegating these powers to the Pension Fund of Russia, whose employees themselves send requests as part of interaction between government agencies.

Sample application

The deadline for providing the necessary papers is 30 days.

According to testimony

In exceptional cases, length of service may be confirmed on the basis of testimony . They can only be used if there is archival evidence confirming the impossibility of providing the necessary information.

The testimony of at least two witnesses with whom the applicant had an employment relationship is taken into account. As a rule, this confirmation method is used in legal proceedings.