Is parental leave included in the preferential length of service. Are the periods when the employee was granted study leave included in the length of service giving the right to a preferential pension? Is additional leave included in the preferential service?
Preferential seniority provides advantages for receiving early retirement, as well as for preferential security. law Russian Federation No. 173 marked categories of citizens entitled to preferential calculation seniority. These include:
- Women who have given birth to 5 or more children;
- Mothers of congenital disabilities who raise children until they reach the age of majority;
- Having given birth to 2 children and having worked in the Far North, the time established by law;
- visually impaired;
- midgets;
- Underground mining workers;
- Rescuers;
- Employees fishing industry;
- Firefighters;
- Medical workers;
- Pilots;
- teachers;
- Creative workers;
- Employees of the Ministry of Internal Affairs;
- Military personnel;
- Workers in hazardous and unhealthy working conditions.
Women who have reached the age of 50 and have worked in agriculture as tractor drivers and other sectors of the economy are also entitled to preferential seniority.
Under what conditions is a preferential seniority assigned?
The condition for the appointment of early retirement is permanent employment, taking into account the full working day in the positions held in the list. When combining professions, the conditions and nature of the work are taken into account. This fact is confirmed by the outfits of the work performed.
Documents required to confirm preferential service
The main document to confirm the preferential length of service is a work book with the necessary information about the worker entered into it:
- FULL NAME;
- Date of Birth;
- Education;
- Speciality;
- Profession;
- Information about hiring.
Entries must match the text of the order. The name of the position held, or profession, the name of the department, section, workshop to which the employee was accepted or transferred, are entered in the work book with a note about the order or a record of the transfer. In accordance with the Unified Tariff Qualification Handbook, the name of the profession is established, depending on the nature of the work performed. Any inconsistency with this guide promises serious problems with the .
Together with the work book confirming the nature of the work, conditions are provided for confirming the preferential length of service for pensions and providing workers pension benefits: work related to the class of hazardous substances, employment in hot areas, in separate structural divisions, etc. All agreed indicators must be documented for the entire working period.
The following documents can serve as proof:
- Order of employment;
- Company structure;
- staffing;
- An order to secure a certain area.
Every year, to resolve this issue, the administration of the enterprise must approve the names of professions and positions eligible for pension benefits, lists of workers retiring this year, and confirming special working conditions when verified by authorities with the provision of facts, for the implementation pension provision.
How to calculate the benefit?
You can calculate the preferential length of service using the legislation Decreed by the Government of the Russian Federation of July 11, 2012 No. 516 approved on the rules of labor periods, giving the right to assign early old-age pensions in accordance with Articles 27 and 28 of the Federal Law. Following the decree, the privileged experience includes:
- Vacation periods (basic and additional);
- Temporary disability of a citizen;
- Direct work;
- Probationary period when applying for a job (regardless of whether the employee passed the test or not);
- Transfer of a pregnant woman, at her request, on the basis of a medical report, from a job that provides the right to preferential retirement to a job that excludes the production impact of adverse factors (work is equated to the previous one);
- The transfer of an employee due to production needs for a period of not more than 1 month, within a year, to working conditions that do not give the right to preferential service, is equated to his main place of work;
- Maternity leave provided that the woman has gained experience for the appointment of early labor pension including parental leave.
Benefits do not include:
- Holidays granted on the basis of the law for passing exams upon admission;
- Leave without pay;
- Temporary suspension from work for the following reasons:
- If the employee fails to undergo a mandatory medical examination;
- Appearing at work in a state of intoxication;
- Downtime is not dependent on the fault of the employer or worker;
- When identifying medical contraindications for performing this work.
To find out the preferential length of service, you should contact the Pension Fund at the place of residence with the provision of: a passport, a work book, an insurance pension certificate, a certificate of employment, a military ID. Considering periods labor activity and work in conditions harmful to health, employees of the pension fund will help clarify the nuances regarding preferential pensions.
To apply for a preferential pension, it is necessary to calculate the employee's insurance experience, which gives the right to assign a preferential pension. The time of work is counted in the length of service in calendar order. The length of service giving the right to a preferential pension includes periods: . temporary disability; . annual basic and additional holidays. Are the periods when the employee was granted study leave included in the length of service giving the right to a preferential pension?
Answer
In accordance with paragraph 5 of the Rules, approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516, the work experience giving the right to early appointment old-age labor pension, periods of annual basic and additional paid holidays are included. Paid study leave granted to employees who combine work with study, subject to certain conditions, does not apply to annual leave (basic or additional). Thus, periods of paid study leave when calculating insurance experience for the appointment of an early pension in accordance with Articles 27, 28 of the Law of December 17, 2001 No. 173-FZ, the insurance period does not include.
At the same time, it should be noted that today there is judicial practice, according to which study holidays are still included in the preferential length of service. See, for example, Ruling of the Supreme Court of the Russian Federation of June 3, 2011 N 19-В11-8 (#/document/99/902306191/?step=12); Determination of the Supreme Court of the Russian Federation of August 19, 2011 N 25-В11-2 (#/document/99/902345122/?step=14).
It is in this regard, given that the main argument of the courts was the accrual of insurance premiums to the Pension Fund for the period of study leave, the latter gave an explanation in December last year: rates of insurance premiums" ( #/document/99/499072510/?step=21), indicating that no additional insurance rate is charged on payments for study holidays. However, this clarification is not confirmed by the norms of the Federal Law of July 24, 2009 N 212-FZ (as amended on April 2, 2014) "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund."
In practice, the Pension Fund refuses to include periods of study leave in the length of service, and the courts come to the defense of the employee. Accordingly, this right, most likely, will have to be defended in court.
Note:
Unfortunately, the issues of pensions for employees do not relate to personnel topics and the competence of employers, within the framework of which experts of the KSS "Kadry System" provide answers. We will be happy to advise you on the preparation of documents for the current place of work of the employee for retirement. With general issues of pension provision, the employee should contact the territorial office of the Pension Fund, where the Fund's specialist, based on all available information about seniority employee will be able to give correct advice.
Thank you for understanding.
Details in the materials of the System:
1. Situation: Is study leave taken into account when calculating the length of service for assigning a preferential pension
No, it doesn't count.
Nina Kovyazina,
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
*So highlighted part of the material that will help you make the right decision.
With respect and wishes for comfortable work, Gorshneva Svetlana,
expert of the most personnel reference system "Sistema Kadry"
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Degtyareva A.G.(01/13/2017 at 11:23:31)
Hello! To the point of your question, I would like to clarify the following:
On October 6, 1992, amendments were made to the Labor Code of the RSFSR then in force. dated 09/25/1992 "On the introduction of amendments and additions to the Code of Labor Laws of the RSFSR" amendments were made to Art. 167 Labor Code of the RSFSR; Part 5 of this article is worded as follows: "it is counted in the general and continuous, as well as in the length of service in the specialty (except for cases on preferential terms)".
The above Law of September 25, 1992 entered into force on October 6, 1992, until that time Art. 167 of the Labor Code of the RSFSR did not contain a clause excluding the inclusion of parental leave in the length of service for granting a pension on preferential terms.
Article 167 of the Labor Code of the RSFSR (as amended in force until 10/06/1992) provided for inclusion without retention until the child reaches the age of one year in the general and continuous experience, as well as in the length of service in the specialty.
The calculation of the length of service in the relevant types of work takes place according to the Rules approved by the Decree of the Government of the Russian Federation of July 11, 2002 No. 516.
The special length of service includes directly periods of work giving the right to an early appointment of a labor pension, periods of receiving state benefits during a period of temporary disability, as well as periods of annual paid holidays.
In addition, the special experience of all privileged categories of workers includes leave to care for a child upon reaching the age of 1.5 and three years, which took place before October 6, 1992 (before the entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543 -1 "On the introduction of amendments and additions to the Labor Code of the Russian Federation"). Thus, in accordance with the legislation of the Russian Federation, as of October 5, 1992, it is envisaged to include a period of parental leave in the special length of service.
Periods of parental leave are subject to inclusion in the length of service in the specialty in case of early appointment of a pension if the indicated periods took place before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 "On Amendments and Additions to the Code laws on labor of the Russian Federation", with the adoption of which the said period ceased to be included in the special length of service in the case of granting a pension on preferential terms), regardless of the time of applying for a pension and the time of the emergence of the right to early appointment of an old-age pension.
Good luck! If you have any other questions - please contact. Please leave your feedback for the answer - I will be very grateful to you.
Sincerely, [email protected]
Dear Victor. This document terminated the employment contract with the grandmother (you can demand a refund). In this case, you must specify in the receipt. As part of enforcement proceedings, you have the right to go to court and challenge the payment in judicial order, and writ of execution on the basis of Art. 1109 of the Civil Code of the Russian Federation, Art. Art. 119, 93 and 107 of the Criminal Procedure Code of the Russian Federation
Article 45
1. For the obligations of one of the spouses, execution may be levied only on the property of this spouse. If this property is insufficient, the creditor shall have the right to demand that the share of the debtor spouse, which would be due to the debtor spouse in the division of the common property of the spouses, be allocated in order to levy execution on it. 2. Collection is levied on the common property of the spouses for the common obligations of the spouses, as well as for the obligations of one of the spouses, if the court has established that everything received under the obligations of one of the spouses was used for the needs of the family. In case of insufficiency of this property, the spouses bear joint and several liability for the specified obligations with the property of each of them.
If it is established by a court verdict that the common property of the spouses was acquired or increased at the expense of funds obtained by one of the spouses in a criminal way, execution may be levied, respectively, on the common property of the spouses or on a part of it.
3. Liability of spouses for harm caused by their minor children is determined by the civil legislation. In accordance with Part 2 of Art. 65 of the Family Code of the Russian Federation, parents have the right to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child.
If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship body has the right to determine the procedure for exercising parental rights for the period until the court decision enters into legal force.
3. In case of failure to comply with the court decision, the measures provided for by the civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
4. A parent living separately from the child has the right to receive information about his child from educational institutions, medical organizations, institutions social protection population and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.
Despite the fact that work in hazardous working conditions and some other jobs often leads to chronic diseases, it is quite attractive for many citizens, as it has legal benefits, subsidies, allowances and increased labor leave.
In addition, employees who have worked a certain number of years in such jobs are entitled to early retirement.
However, in order for such work to be counted in the special (preferential) length of service of the employee, his employer must strictly follow the established rules.
The periods of work giving the right to early appointment of an old-age insurance pension, listed in paragraphs 1 - 18 of part 1 of Article 30 of the Federal Law "On Insurance Pensions" No. 400-FZ, that took place after 01/01/2013, will count to the employee's preferential service only if the employer pays insurance premiums at special rates established in Article 428 of the Tax Code of the Russian Federation. At the same time, the conditions for assigning an old-age insurance pension established by pension legislation will be taken into account when assigning it only if the class of working conditions at the workplace corresponds to a harmful or dangerous class of working conditions established as a result of a special assessment of working conditions (SOUT).
If workers with professions (positions) not listed in Lists 1 or 2 work at workplaces (which, according to the results of the SAUT, correspond to a harmful or difficult class of working conditions), or they perform work not listed in these Lists, then this period of their work will not turn on to a special length of service giving the right to an early pension, appointed in accordance with clauses 1 and 2 of part 1 of Article 30 of Law No. 400-FZ.
Therefore, employees working in such workplaces need to check the compliance of the name of their profession or position and the work performed with Lists No. 1 or No. 2, and in case of discrepancy, require the employer to reissue the employment contract.
The employer is obliged to ensure that a special assessment of working conditions at his enterprise is carried out. This evaluation should be completed by the end of 2018. For employees whose workplaces are certified for working conditions, the results of this certification will be valid until the end of its term (but not later than the end of 2018) and will be used when setting additional tariffs for insurance premiums in PFR, FSS and MHIF. Such periods of work will be counted in the special length of service of the employee, giving him the right to early appointment of an insurance pension, provided that the employer has paid insurance premiums for the employee to the relevant social funds at additional rates.
Important. So that the period of work giving the right to an early appointment of a pension, was included in the preferential special experience two conditions must be met at the same time:
I. Work must take place with permanent employment during full working time, in positions, jobs and conditions provided for by the pension legislation that was in force during this period;
II. The employer must pay additional insurance premiums for the employee.
How periods of work giving the right to early retirement are included in the special length of service
The following periods are included in the special experience:
1. The special length of service includes periods of work that give the employee the right to early appointment of an old-age insurance pension, which was carried out continuously throughout the full working day. Such periods are counted in the length of service in a calendar order, unless otherwise provided by law. The duration of a full working day (shift) is determined in accordance with the norms of the Labor Code.
The time for performing work that gives the right to early retirement must be at least 80% of the time of the entire work shift in one full working day. This time includes the time of preparatory and auxiliary work.
If an employee combines work, giving him the right early retirement, with work, giving no such right, then the period of such a combination of work can be included in his special length of service only if the working time at work that does not give the right to early retirement is no more than 20% of the total working time.
2. The special length of service includes periods of receiving temporary disability benefits and benefits for pregnancy and childbirth, as well as periods of being on annual basic and additional holidays in accordance with Article 116 of the Labor Code of the Russian Federation.
￭ Time spent on parental leave included in the special, only if such a period was before 10/06/1992, and after this date the period of child care is up to 1.5 years included in the general insurance experience. According to the norms of Law No. 400-FZ, child care periods from 1.5 to 3 years are not included in the insurance period at all (including special).
￭ Additional holidays established by the employer independently are not included in the special length of service.
￭ The periods spent on additional paid leave by a citizen who was exposed to radiation during the Chernobyl accident are not included in the general insurance experience (including special experience).
￭ Study holidays are not included in the special length of service.
3. The special length of service includes periods of temporary transfer of an employee who performed work that gives him the right to early appointment of a pension to another job in the same organization for a period of up to one month within one calendar year, according to production needs. Such periods are equated to the previous work of this employee.
In the case of a transfer of a pregnant woman who has an appropriate medical certificate from a job that gives her the right to early retirement to another “light” job, such a period of work is included in her special length of service.
4. When working on a rotational basis in jobs that give the right to an early old-age pension, periods of rest between shifts are included in the special length of service.
5. The procedure for calculating special experience by actual hours worked defined by paragraph 6 of the "Rules for calculating periods of work giving the right to early appointment of an old-age labor pension ..." No. 516 dated July 11, 2002.
6. Downtime periods due to the fault of the employer, periods of attendance at advanced training courses off-duty (with the same place of work and salary), periods of performance of state or public duties, are included only in the general insurance experience worker.
7. Not included in the insurance period (including special):
- leave without pay;
- unpaid leave up to 1 year, for teaching staff;
— an additional day off per month given to women working in rural areas;
- a period of downtime due to the fault of the employee;
- the period of non-admission of the employee to work (suspension) or absenteeism;
- the time of participation in strikes.
About the double drop retirement age read
It is very important that your employer accrues and pays insurance premiums at additional rates in a timely manner, otherwise your work experience that gives you the right to early retirement will not be counted as work experience in the relevant types of work. And because of this, your right to early appointment of an old-age insurance pension may not be formed.
Therefore, you should constantly monitor the payment of insurance premiums to your personal account in Pension Fund. The easiest way to do this is through your “Personal Account” on the PFR website (pfrf.ru). Register there and track the receipt of insurance premiums from your employer into your account with the FIU.
