If the work moves to another region, the employee has a disabled child. Lifetime pension when changing the region in Russia If the work moves to another region, the employee has a child with a disability

The Labor Code of the Russian Federation does not establish either the procedure for warning employees about the employer's relocation, or the time period during which the employee must express his written consent to the transfer or refusal of such a transfer. However, transfer to another locality together with the employer, as well as any other transfer (except for the cases established by part 2 and part 3 of article 72.2 of the Labor Code of the Russian Federation), requires the consent of the employee. Therefore, the employer must inform the employee about the upcoming move and offer the employee to move to another area with the employer. The employee agrees to the transfer to another locality If the employee agrees to the transfer, the employer signs an additional agreement with him to the employment contract. On the basis of an additional agreement, a transfer order is issued.

In the same time Labor Code The Russian Federation does not establish the obligation of the employer to communicate his decision to move to another locality in writing and a certain time before the move. In order to avoid conflict situations, the employer should enlist not only written confirmation of consent to move employees to another locality or refusal to transfer. It is better to send notices to employees about the change of location of the company, as well as a proposal to transfer to another locality. The employer’s action when moving, as already noted, is not defined by the Labor Code of the Russian Federation, therefore, the employer determines the mechanism for resolving issues with employees independently.

Relocation of a disabled person

The relocation of the employer from one district of the city to another district of the city is not a relocation of the employer to another locality. If the location of the branch office changes? The relocation of the employer to another locality takes place if the organization itself changes the location. A change in the location of a separate subdivision, in particular a change in the location of a branch, is not a move of the employer to another locality, since the employer himself does not move to another locality, only the structural unit moves.

How should an employer offer an employee a transfer to work in another locality? If the employer changes location, he must invite employees to follow him.

We move with the employer to another area

In addition, the employee is paid severance pay in the amount of two-week average earnings (part 3 of article 178 of the Labor Code of the Russian Federation). of the contract in connection with: - the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer's lack of appropriate work (clause 8, part 1, article 77 of the Labor Code of the Russian Federation); - an employee's call for military service or sending him to an alternative civilian service replacing it (clause 1, part 1, article 83 of the Labor Code of the Russian Federation); - reinstatement in the organization of an employee who previously performed this work (clause 2, part 1, art.

Transfer of an employee to another locality

Join Lawyers 9 942 View Telephone consultation 8 800 505-91-11 Call is free I am a disabled worker of 2 groups (no right hand above the elbow and thumb on my left hand) I want to move to Germany for permanent residence with my cohabitant read answers (1) Subject: I want to move to permanent residence My husband and I are moving from Kazakhstan to Russia, we have a daughter, a disabled child, when moving, I would like to know how to apply for disability benefits, with how to read answers (1) Subject: How to apply for benefits Is it eligible Pension Fund reduce the pension of a disabled child when moving from a full region to another, where the pension is lower. read answers (1) Topic: Does the pension fund have the right Will my documents of a disabled person of group 3 in Russia be valid when moving for permanent residence from Kazakhstan. read answers (1) Topic: When moving for permanent residence We plan to move non-working pensioner a disabled person of the 2nd group to another city for permanent residence.

Moving to another area (Chuchkina and.)

Labor Code of the Russian Federation (refusal of the employee to transfer to work in another locality together with the employer). If the employee does not agree to move to another locality with the employer, then he must send the employer a written refusal. The employer must ask the employee to write such a refusal in writing, because this will be the basis for terminating the employment contract with the employee. In the work book, as in the personal card, the basis established in paragraph 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Payments of amounts due to the employee are made on the day of dismissal. In the event of a dispute over the amount of the amounts, the employer is obliged to pay the amount not disputed by him.
2 tbsp. 140 of the Labor Code of the Russian Federation). Also, upon termination of the employment contract in accordance with Art. 127 of the Labor Code of the Russian Federation, the employee is paid monetary compensation for all unused vacations.

The employer offers a transfer to another locality

There is no established wording for the record of the transfer of an employee to another locality. Such an entry in the work book (and, accordingly, in the employee's personal card) can be drawn up as follows. N records Date Information about hiring, transferring to another permanent job, qualifications, dismissal (indicating the reasons and referring to the article, paragraph of the law) Name, date and number of the document on the basis of which the record was made day month year 1 2 3 4 Eurostyle Limited Liability Company 5 01 09 2008 Hired by the Order of the head of the marketing department of 01.09.2008 N 55-k 6 01 03 2011 Transferred to work Order to the city of Stary Oskol dated 02.25.2011 together with the employer N 22-k Warn the head of the Employee dismissed due to refusal to transfer to another locality with the employer, you will have to pay a severance pay in the amount of two weeks of average earnings<26.

Guarantees when moving to work in another area

Main book”, 2011, N 4 When an organization moves from one area to another, in addition to the fact that there are a lot of organizational and technical difficulties, you need to deal with the staff. Some of the workers will agree to move, but, of course, there will be those who do not want to move. How to be with them? And is it possible to dismiss pregnant employees and women with children under the age of 3, single mothers raising a child under the age of 14 (a disabled child under 18), as well as other persons raising such children without a mother, in case of their refusal to move<1? На все эти вопросы вы найдете ответы в нашей статье.

<1 Статья 261 ТК РФ. Что такое перевод в другую местность вместе с работодателем Перевод работника в другую местность вместе с работодателем — это разновидность перевода на другую постоянную работу. А значит, такой перевод возможен только с письменного согласия работника <2.
;

• give the employee a work book with a record of dismissal<19, предварительно попросив его заверить своей подписью правильность записей в трудовой книжке <21.

The entry in the work book in this situation should be like this. N records Date Information about hiring, transferring to another permanent job, qualifications, dismissal (indicating the reasons and referring to the article, paragraph of the law) Name, date and number of the document on the basis of which the record was made day month year 1 2 3 4 Eurostyle Limited Liability Company 10 28 02 2011 Employment contract The order was terminated due to the refusal of employee No. 21-k dated February 25, 2011 to transfer to work in another locality together with the employer, paragraph 9 of the first part of Article 77 of the Labor Code of the Russian Federation Accountant Sidorova N.T. Sidorova ZeninZenin P.S.

Proposal for a disabled person to move to another area

Attention

It happens that the management of the organization, for one reason or another, decides to move the entire organization to another area. What does this mean for workers? Is an employer obligated to invite his employees to move with him? What awaits an employee who refuses such a move? Let's figure it out. What is meant by other locality? Another locality should be understood as an area outside the administrative-territorial boundaries of the corresponding settlement (Clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation").

Therefore, a transfer to work from one locality to another, even if both cities are within the same administrative region, is considered as a transfer to another locality.
Personnel number Structural unit Position (specialty, profession), category, class (category) of qualification Tariff rate (salary), allowance, rub. (new) Type of transfer (permanently, temporarily) Reason: change to the employment contract; or other document The employee is familiar with the order (instruction). Personal signature. Date from to number date old new old new 1 2 3 4 5 6 7 8 9 10 11 12 Moscow Department of Marketing, Moscow Stary Oskol Head of Marketing Department Head of Marketing Department 40,000 From 03/01/2011 Ongoing Consent of the employee to transfer together with the employer to another locality 01/20/2011 02/25/2011 Zenin

• make an entry about the transfer in the work book of the employee<24 и ознакомить работника с этой записью под роспись в его личной карточке по форме N Т-2 <25.

Of course, there is no special need for such an entry in the employee's work book.

Hello Anna.

Regardless of the new region of residence, the child's pension file will be transferred to the new place of residence.

You, as the mother of a disabled child, need to contact the Pension Fund of the Russian Federation branch at the new place of residence in order to write an application for deregistration of the pension case at the previous place of residence. This can also be done at the Pension Fund branch at the old place of residence, then the pension file will be sent to the new place of residence.

To avoid delays and delays in payments, it is best to take care of applying in advance. If possible, apply for the transfer of the payment case to the old place of residence.

After the case of your child is transferred to the territorial office of the Pension Fund at the new place of registration, the disability payment will be extended. Moreover, the experts will again consider the case and make a new conclusion regarding the correctness of the calculation of the disability pension. The basis for consideration will be those documents that are available in the pension file. If you do not have time to quickly register at a new place of residence, then the pension file can be sent on the basis of an application indicating the address of actual residence.

As for the timing of sending your child's pension file, there are certain time limits that are clearly regulated and strictly observed. For example, employees of the territorial office of the Pension Fund at the new place of residence must issue a request to send documents to a new place of residence no later than 1 business day from the date of your application. At the same time, no later than 3 working days, employees of the Pension Fund branch at the old place of residence must send the necessary documents upon the relevant request.

Transferring a pension if it comes to a bank card

The transfer of the payment case to a new place of residence is mandatory even if disability pension payments come to a bank card. The fact is that your child's payment file contains the necessary information that may be useful to employees of the Pension Fund branch at the new place of registration. For example, if payments are recalculated or specialists want to make sure that the pension was calculated correctly at the previous place of residence and in accordance with applicable law.

If in the future you would like to change your disability pension delivery option, you can do so at any time and due to any personal beliefs and circumstances. To do this, you must again go to the territorial office of the Pension Fund only at the new place of residence and draw up a written statement that you decide to change the payment delivery option. In the application, simply indicate the organization through which you want to receive payments (post office, bank, intermediaries providing relevant services, etc.). If up to this point you have received disability pension payments on a bank card, be sure to indicate all the necessary details in the application so that there are no problems with payments in the future.

Sincerely, Natalia.

Tell me, please, when moving to another region of Russia, does a lifetime disability pension remain or not?

When moving to another region from the regions of the Far North and areas equated to them, the amount of the pension will be reduced by the size of the regional coefficient. The pension itself, of course, is preserved.
Rationale:
Federal Law No. 173-FZ of December 17, 2001 “On labor pensions in the Russian Federation” provides for the appointment of a labor disability pension (Article 8):
1. Citizens recognized in accordance with the established procedure as invalids of groups I, II or III have the right to a labor disability pension. The recognition of a citizen as a disabled person and the establishment of a disability group are carried out by federal institutions of medical and social expertise in the manner prescribed by the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation".
2. The procedure for establishing a causal relationship between the disability or death of a breadwinner and the commission by a citizen of a criminally punishable act or the deliberate infliction of damage to his health, which are established in court, is approved by the Government of the Russian Federation.
3. A labor disability pension is established regardless of the cause of disability (with the exception of cases provided for in paragraph 4 of this article), the length of the insurance period of the insured person, the continuation of labor activity by the disabled person, and also whether the disability occurred during the period of work, before entering work or after work stoppage.
4. In the event of the complete absence of an insurance period for a disabled person, as well as in the event of disability due to the commission of an intentional criminally punishable act or deliberate damage to one's health, which are established in court, a social disability pension is established in accordance with the Federal Law "On State Pension provision in the Russian Federation”.

Art. 15 determines the size of the labor disability pension. Thus, in accordance with the article, the size of the labor disability pension is set depending on the group of disability.

Clause 3. The fixed basic amount of the labor disability pension for persons who do not have dependent family members who are unable to work is established in the following amounts:
1) in group I - 5,124 rubles per month;
2) in group II - 2,562 rubles per month;
3) in group III - 1,281 rubles per month.

Clause 4. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, a fixed basic amount of a labor disability pension is established in the following amounts:
1) in group I:
if there is one such family member - 5,978 rubles per month;
if there are two such family members - 6,832 rubles per month;
if there are three or more such family members - 7,686 rubles per month;
2) in group II:
if there is one such family member - 3,416 rubles per month;
if there are two such family members - 4,270 rubles per month;
if there are three or more such family members - 5,124 rubles per month;
3) in group III:
if there is one such family member - 2,135 rubles per month;
if there are two such family members - 2,989 rubles per month;
if there are three or more such family members - 3,843 rubles per month.

Clause 5. The fixed basic amount of the labor disability pension, provided for in paragraphs 3 and 4 of this article, for persons living in the regions of the Far North and areas equivalent to them, is increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) residence, for the entire period of residence of these persons in these areas (localities).
When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, the fixed basic size of the disability labor pension is determined taking into account the size of the regional coefficient for the new place of residence.
When citizens leave the regions of the Far North and areas equated to them to a new place of residence, the fixed basic amount of a labor disability pension is determined in accordance with paragraphs 3 and 4 of this article.

Social disability pension (in accordance with Article 11 of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”) for disabled people of groups I, II and III, including those disabled since childhood; disabled children.

Article 18 establishes the amount of social pensions for disabled citizens. Thus, the size of the social disability pension is determined by paragraph 1 of Art. 18:
- Disabled since childhood of the 1st group and children with disabilities - 8,704 rubles per month;
- Disabled people of group I, disabled since childhood of group II, children under the age of 18, as well as older than this age, studying full-time in basic educational programs in organizations engaged in educational activities, until they complete such training, but no longer than they reach the age of 23, who have lost both parents (children of a deceased single mother) - 7,253 rubles 43 kopecks per month;
- disabled people of group III - 3,082 rubles 71 kopecks per month.
P. 2 Art. 18: The amount of pensions established by paragraph 1 of this article for citizens living in the regions of the Far North and areas equated to them, in areas with severe climatic conditions that require additional material and physiological costs of citizens living there, determined by the Government of the Russian Federation, are increased by the corresponding district coefficient established by the Government of the Russian Federation depending on the district (locality) of residence, for the entire period of residence of these citizens in the indicated districts (locities). When citizens leave these regions (localities) for a new permanent place of residence, the amount of the pension is determined without taking into account the regional coefficient.

According to statistics, in recent years, Russians have begun to change their place of residence more often than it was decades ago. Among them are pensioners. Changing housing is a troublesome business associated with paperwork. It is necessary to register at a new address, draw up documents for an apartment or house.

Is it necessary to re-register a pension if the person who has moved is a pensioner? The answer to this question is positive. A pensioner who has moved must notify the territorial department of the Pension Fund about his move. This must be done in order for the Russian pension case to be transferred to the Pension Fund department at the new place of residence.

How to do it?

The pensioner comes to the Pension Fund of the district at the new place of residence and reports about his stay at the new address. This must be done in writing. To do this, you need to fill out a special request form for a personal pension file. The Pension Fund, after receiving the application, makes a request to the territorial department of the Pension Fund at the old place of residence.

After that, the Pension Fund sends a request to transfer the pension case to another territorial department. According to the regulations, the request must be sent no later than one business day from the moment the pensioner submits the request.

Then the Pension Fund, located at the former place of residence, upon receiving a request, must send the pensioner's personal file within 3 days, but no later, to the pensioner's new place of residence.

After the case is received by the Pension Fund, it is registered and the extension of the pension payment is processed at the same time at the new address of the pensioner. This procedure must be done within two days from the date of receipt of the pension file. Before registration, the received case is checked for the correctness of the calculation of the pension.

The need to translate a personal pension file lies in the fact that it contains all the necessary information about the pensioner, which may be necessary in various situations.

Peculiarities of pension transfer with different delivery methods.

If a pensioner is charged a pension on a bank card, then he also needs to transfer his pension file to a new address.

It may happen that the old way of delivery is inconvenient for a pensioner at a new place of residence. For example, the schedule of the delivery man. This is also fixable. You need to write an application to the Pension Fund with a request to change the carrier. We remind you that the following delivery methods work today:

1. By mail of the Russian Federation. At the same time, a pensioner is brought home, or a pension can be received by visiting the post office on your own. If the pensioner chooses this delivery method, then he receives the pension on the appointed day of delivery (for example, the third working day of the month). Delivery is carried out according to the schedule, and it may happen that the pensioner will receive the pension within a few days from the date of receipt scheduled according to the schedule.
2. The pensioner can choose the delivery method through another organization. As well as when choosing mail as a deliverer, a pensioner is brought home with a pension, or he himself visits the delivery service.
3. The pension is transferred to a current account or to a bank card. In the first case, the pensioner receives a pension at the box office.

If a pensioner has a desire to receive a pension on a card, then he needs to write an application indicating bank details. After that, his pension will be transferred to a bank card, which he independently issued. The Pension Fund transfers money to the bank, which is then addressed to the pensioner's personal account. The day can be withdrawn on any day after accrual.

When changing the place of residence, the pensioner must also transfer the benefits he receives. To do this, just visit the MFC or the Center for Social Protection. To transfer benefits to a new address, a pensioner writes an application and attaches documents to it: passport, SNILS and others.

This pension transfer system works when you move to another area or city. If a pensioner moves to another country, then in this case other standards apply. But in general, according to Russian legislation, the earned pension when changing citizenship by a Russian is preserved and paid.

Changing the actual address does not deprive the current pensioner of the right to receive pension payments that were assigned at the old address. But what is the right thing to do for an older person? What should you do when moving? And the main question - will the amount of pension payments change? We will deal with these issues right now.

The procedure for transferring pension payments

If a pensioner moved from one region to another, he must perform the following algorithm of actions:

1. Contacting the FIU(Pension Fund). When changing the place of actual residence, PFR specialists are obliged to remove the current pensioner from the register in order to transfer the personal file to the new PFR department.
2. Filling out an application about requesting a personal file at the previous address. The form can be taken at the territorial office of the PFR or downloaded from the link: www.pfrf.ru. The application should provide the following information:
   • the full name of the new FIU;
   • SNILS;
   • citizenship;
   • place of residence;
   • phone number;
   • passport;
   • labor status;
   • the reason for petition;
   • address of the previous place of residence;
   • type of pension;
   • way to receive pension benefits.

Instead of a working pensioner, an employer can apply to the FIU. This will require a written application from the pensioner addressed to the head of the company!

1. Submission to the PRF basic list of documentation, namely:
   • passport;
   • pensioner's ID;
   • SNILS;
   • papers confirming the fact of registration at a new place of residence.

The entire documentation package must be submitted to the FIU in one of the following ways:

• personal appeal;
• post office;
• confidant;
• public service portal.

1. Receiving pension payments. After submitting the required list of securities, pension payments are accrued from the 1st day of the next month after the full list of documents is submitted to the territorial FIU.

An elderly person can receive pension contributions in one of the following ways:

• Mail- the pensioner independently applies to the post office or the postman brings the pension home. In the latter case, pension payments are provided later than the specified period;
  banking structure - you can choose one of the options: a personal appeal to the cashier or a transfer of funds to a card.
• bank card- this is the most convenient way to receive pension contributions cards. Let's highlight the main advantages:
  • stable transfer of pension at the beginning of each month;
  • withdrawing money from an ATM is allowed around the clock;
  • credit organizations do not charge commission when using the card.
• Specialized Companies, which are directly involved in the delivery of pensions - a complete list of companies is assigned separately for each region.

Terms of transfer of pension

Translation of the personal file of the current pensioner is 6 days. The procedure for translating documentation is as follows:

• execution of a request for the transfer of a case by employees of the FIU - 1 day;
• sending the case to a new address from the old FIU - 3 days;
• preparation of incoming documentation 2 days, namely:
  • preparation of an order on the registration of a pensioner;
  • checking the amount of pension payments;
  • registration of pension at a new address.

Actual payments to the new address are appointed from the 1st day of the month following the month when the application was submitted with a complete list of documentation.

Does the payout change?

Pension amount decreases when moving in the following cases:

• if a citizen of retirement age left the Far North for another region of the country;
• return to Russia from another country;
• a pensioner moves to a region where a lower regional coefficient is in effect.

pension can increase if the pensioner moved to a region with a higher district coefficient, for example, to Moscow or St. Petersburg. An important condition is the presence of permanent registration.

In other cases, the pension remains unchanged, for example, the pension of former military personnel.

Transfer to a new military pension address

In accordance with Federal Law No. 4468-1 of February 12, 1993, a military pensioner must do the following when moving:

1. Contact the military commissariat at the new address.

1. Fill out an application form.
2. Provide a complete package of documentation, namely:
   • passport data;
   • military ID;
   • employment history;
   • SNILS;
   • pensioner's ID;
   • other documents provided for by a particular region.

The pension is appointed from the 1st day of the next month, after submitting an application with a list of documentation.

Cases from the life of our citizens, look!

The procedure for transferring pension payments when moving to a new region is not complicated. The problem is different - almost every pensioner is afraid of losing part of the pension. In order not to make a mistake with the actions, each pensioner must carefully study all the nuances on this issue, which are enshrined in this article.