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Published: 03/11/2016
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Accounting for the time actually worked by a person is necessary for the correct calculation of remuneration for his work.
But this is not its only function. All recorded time that a person has worked is summed up and forms his length of service. Below we will talk about its types, why it is needed, how to prove its presence, and some features of calculating length of service in certain regions of the country. Let's start with what it is.
- Definition of the concept
- Main types
- Meaning
- How to confirm? Documented
- Witness's testimonies
Types of work experience
According to labor legislation, today in Russia the following types of length of service are established:
- General.
- Special.
- Experience in a specific specialty.
- Continuous.
Total work experience refers to the entire duration of a citizen’s official work activity, from the first employment to retirement. The total length of service also includes some periods of time when a person de facto did not work for some good reason:
- Education in higher educational institutions.
- Leave to care for a child until he is one and a half years old.
- Leave due to pregnancy and childbirth (“maternity leave”).
- Temporary loss of work with official registration with the central bank.
- Compulsory service in the armed forces and other structures equivalent to them (internal troops of the Ministry of Internal Affairs and the Russian Guard, border service).
- Caring for a disabled relative whose age has exceeded 80 years.
- Caring for a disabled minor child.
- Staying in the institutions of the Penitentiary Service (prison, correctional colony).
- Annual basic paid leave, leave at your own expense, sick leave.
- Wives of military personnel living with their husbands in remote garrisons without employment opportunities.
- Wives of diplomats living abroad without employment opportunities.
When calculating the total length of service, the time spent serving a prison sentence is counted only if the person was subsequently found innocent and rehabilitated. For women caring for young children, a maximum of 4 one-and-a-half-year periods are counted. That is, the time spent caring for the fifth and subsequent newborns will no longer be included in the total length of service. For wives of military personnel and diplomatic workers, this time limit is set at five years.
Special length of service was previously defined as a separately calculated type of length of service. This term, which appeared in the pension legislation adopted in 1990, is now excluded from the articles of the Law on Pensions. However, in fact, the provisions on special calculation of length of service continue to apply when calculating pensions in some sectors of the national economy. Thus, a special calculation of length of service is used for people employed in hazardous and hazardous industries, working in difficult climatic conditions (in the Far North and areas equivalent to it).
The length of service is considered continuous only if the period of time between dismissal from one place of work and employment in another does not exceed the established period. For different types of activities, this period may be different:
- 1 month is the standard period for workers and employees;
- 2 months - for persons who worked in the Far North after the end of the employment contract; for emigrants from other countries until employment in Russia; for persons who worked abroad in Russian companies, at the end of the contract.
- 3 months – for employees dismissed due to job elimination; for people with disabilities; primary school teachers.
Experience in a specialty determines the duration of work in a particular industry, in a particular position or profession. Allows you to determine a citizen’s work experience, and, consequently, the level of his labor skills when applying for a job.
Long service pension
If the work experience in a particular field is quite extensive, then a person has the opportunity not to wait for retirement age, but to retire early.
A distinctive feature of this type is that the pension will be paid not from the Pension Fund, but at the expense of other organizations, for example: military pensions are paid by the military registration and enlistment office.
Pension
In order to hope to receive it, civil servants must have fifteen years of work experience; before leaving, they must have one year of permanent work experience, and leaving work for a good reason. Military personnel must reach the age of 45 or have more than 20 years of service. Cosmonauts and pilots are required to have a work experience of 25 (20) years for men (women), and to stop their own work due to state of health or other circumstances.
The pension itself is calculated depending on the salary. It is multiplied by 50% + interest for the prevalence of the required length of service 3 or 1 for any year in excess (maximum 85%). And then it is multiplied by the reducing indicator introduced by law. You can calculate your pension using the calculator on the Pension Fund website.
A complete list of persons applying for length of service can be found on the Pension Fund website. Each specialty has its own standards of length of service and probable preferences. In addition, individuals have the opportunity to purchase an ordinary civil pension.
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What does experience give?
Work experience, first of all, is necessary for calculating a pension to an employee. Not so long ago, its size and the worker’s retirement age completely depended on the duration and type of work experience. In recent years, in connection with the implementation of pension reform, the main factor influencing the size of the pension has become not the length of service, but the insurance period.
The insurance period begins to count from the moment a citizen concludes a pension insurance contract. A special personal account is opened for the insured citizen, to which the employer makes monthly contributions. Based on the amount accumulated by the time of retirement, the size of the basic pension paid to a person by the state will be calculated.
However, the length of work experience still continues to play a certain role in the calculation of pension payments. Let's consider what advantages this or that type of experience gives a person.
Rules for recording experience
Since 2002, employers have been required to transfer information about all their employees to the Pension Fund. Previously, this data was displayed in the work book and contracts. The length of service may not be taken into account due to errors in these documents or if the employer did not transfer the information to the Pension Fund.
The length of service is calculated for the period when the citizen performed his work and made contributions to the Pension Fund. When calculating insurance coverage, the time when the person was insured is taken. When calculating this length of service for Russian citizens, periods when the pension was established according to the laws of other states are not taken into account.
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If you have a work book
Such books are issued for all citizens who have worked for more than five days. All data, as well as changes related to work experience, are entered into this document. The employee must be familiar with each entry in the work book. For this purpose, the organization issues an order.
Without work book
If a citizen does not have a work book or does not have the necessary records to accrue length of service, then it can be established using other documents. They can be obtained at your place of work, service or study. If written evidence of work activity has not been preserved, then confirmation of length of service is carried out by the Pension Fund based on the testimony of witnesses.
Total experience
The length of total work experience used to be the main condition necessary for assigning a pension to a citizen. The total work experience required for retirement varied significantly depending on the work specialty or working conditions. Thus, people working in hot shops or in difficult climatic conditions could qualify for early retirement. But since 2002, to calculate a pension, any citizen only needs five years of compulsory insurance coverage. Upon reaching this period, he can apply for the assignment of the minimum amount of pension established by law.
Why does the Pension Fund not count work experience?
- If there is no documentary evidence of length of service . Every citizen is registered in the compulsory pension insurance system (OPS). When receiving SNILS, length of service begins to be taken into account. Problems may arise with experience that already existed before registration in the OPS. Often the cause is incorrectly completed documents.
- Documents for the Pension Fund contain information about salaries that are below the average throughout the country . When providing a salary certificate, you need to remember that the size of your pension depends on it.
- There is no information about length of service on the employee's personal account . The blame falls entirely on the employer. He is obliged to transfer all information about his employees to the Pension Fund every month. It happens that the employment document is drawn up correctly, but the amount of contributions is not displayed on the personal account.
Special experience
The concept of “special work experience,” although absent from modern pension legislation, in fact continues to be used in a number of cases:
- For early calculation of pensions in accordance with the standards of compulsory pension insurance (Federal Law No. 400-2007).
- When calculating wage supplements as compensation for difficult working conditions (Order of the Ministry of Health and Social Development No. 822-2007).
- When establishing incentive bonuses for people working in hazardous industries or in difficult climatic conditions (Order of the Ministry of Health and Social Development No. 818-2007).
- To additionally provide paid annual leave to workers in heavy or hazardous production (Labor Code, Art. No. 121).
The list of professions whose employees are given special work experience is given in regulations approved by the government of the Russian Federation.
Length of service in private companies
The working years in relation to those working in individual firms are formed in the text of the employment contract, which is signed by the employer. Exactly the same data may be displayed in a whole list of other provisions and papers that apply to company employees:
- collective agreement
- document regulating monetary incentives
- LNA
Material compensation can be paid either every month or once for a certain number of months. You should carefully consider what is noted in the employment contract.
Continuous experience
It is used when calculating compensation and providing other types of social guarantees. Today, having continuous experience is relevant:
- For workers working in the Far North and equivalent territories (Government Decree of 1993).
- For persons who served in the Armed Forces in areas with unfavorable climatic or environmental conditions (Government Decree of 1999).
- For medical workers employed in medical institutions with a high level of biological hazard (Order of the Ministry of Health and Social Development No. 463-2008).
In addition, continuous experience is necessary to establish additional pay for length of service for certain categories of employees of law enforcement agencies: the Ministry of Internal Affairs, the Armed Forces of the Russian Federation, the FSB, the Ministry of Emergency Situations. By internal orders of the organization, employees with extensive continuous experience may also be provided with certain benefits - salary bonuses, additional paid leave, and so on.
Experience in specialty
The time a person works in a particular field of work does not imply the provision of any benefits, additional payments or other preferences. The main point of the length of work in a specialty is to make it clear to the employer when hiring an employee that he is faced with a person with certain experience and possessing certain professional skills. Accordingly, the more work experience in the required specialty, the higher the chances of such an applicant to get a job in the organization.
However, in a number of professions, the length of work in the specialty can also influence the employee’s career growth. For example, in the Armed Forces, in order to receive the next rank, an employee must have a certain period of service in a lower rank. Assignment of a subsequent rank. Extraordinary assignment of a title is possible only in the form of encouragement for any merits. And in certain positions, work experience is the main condition for employment.
Thus, in order to be admitted to the bar exam, a lawyer must have, in addition to specialized education, a certain amount of practical work experience. To be appointed to the position of prosecutor of a region or republic, a justice worker must work for at least 7 years in lower positions.
As we can see, despite the reform and the introduction of a new procedure for calculating pensions and salaries, length of service remains an important factor influencing the size and procedure of social payments.
"Restoration" of experience
Unfortunately, it often happens that seniority is simply “lost.” This can happen if you lose your work book. Before the introduction of the electronic database of pension funds and pension insurance, it was the main document according to which both total and special work experience were calculated. Therefore, with the loss of a work book, there is a need to confirm one’s work activity before concluding an OPS agreement.
Confirming this is sometimes very difficult. It’s good if the enterprise where a person worked several decades ago is still preserved. But thousands of enterprises from the Soviet period did not survive the troubled 90s, and even today hundreds of large and small organizations go bankrupt and close across the country every year.
A professional lawyer specializing in labor relations issues can help you restore lost experience. The specialist will be able to competently draw up requests to the relevant authorities and help in collecting a package of supporting documentation. And if necessary, represent the client’s interests in any judicial and administrative authorities.
Concept and legal meaning
Work experience is the total duration of working and social activity, calculated in a certain order, starting from the moment of reaching working age .
Its calculation is necessary to obtain various guarantees and compensations established by law. From a legal point of view, this is a fact, upon the occurrence of which the right to receive pension payments, certain types of benefits, and benefits arises.
It has two characteristics:
- quantitative, that is, the time period of the activity;
- qualitative – represents the conditions in which a person worked, their harmfulness, danger, etc.
The main document confirming its duration is a work book .
You can get more detailed information about this concept from the following video:
