Long working experience, as you know, is the guarantor of a good pension. In order to correctly calculate its volume for receiving pension coverage or calculating payments on sick leave, it is not enough just to operate with entries from the work book. Consider here the periods for calculating the experience, we will understand its structure and give specific examples.
What is seniority
The legislation of our country defines the length of service as the total time of labor and / or socially useful employment of an individual citizen. All information about her is entered in a personal work book. It is the length of service in our country that is the basis for the provision of:
- salary;
- vacations;
- pension provision;
- temporary disability benefits.
The total length of service in the Russian Federation is divided into labor (now insurance) and special. We will analyze these concepts in detail.
From general labor to seniority
Total length of service is the entire duration of a person’s labor, socially necessary activity, as well as other periods included in it in accordance with the law. Since the entry into force of FZ-173 "On labor pensions" on 01.01.2002, this concept has been replaced by insurance experience. It is interpreted as follows: the total duration of the citizen’s activities during which contributions to the Russian Pension Fund were paid, as well as other periods stipulated by law.
It is the insurance guard that is taken into account when calculating the pension - in order to get the right to it, you need to pay insurance premiums for a total of five years. The Russian pension system today is based on insurance principles - the size of future pension payments is not affected by the amount of earnings, not the length of service, but only insurance contributions deducted by a citizen to the Pension Fund.
To calculate the insurance period, we first need to know what the law includes in it.
What is included in the employment (insurance) experience
P. 1, Art. 10 Federal Law "On labor pensions" primarily includes in the insurance experience:
- Employment or other activities on the territory of the Russian Federation, carried out by citizens who have been insured, in accordance with the legislation on compulsory pension insurance.
- Labor employment or other activities of citizens outside the territory of the Russian Federation, if, according to Russian law or international treaties, it is permissible to add it to the general work experience of a citizen. Otherwise, in order to include the period of such work in his seniority, a citizen must, in its duration, pay the necessary amount of insurance contributions to the FIU.
What is also included in the seniority
To calculate the experience of the Federal Law "On labor pensions" also allows you to use the following periods:
- Military service, work in internal affairs bodies, the penal structure, fire service.
- Time of receipt of benefits during periods of temporary disability.
- Full-time study at a secondary or higher vocational educational institution.
- Work as a lawyer, private investigator, security guard, notary public.
- The period of membership in a production cooperative, collective farm or other farm or peasant farm.
- The time for caring for a child until reaching the last 1.5 years. With a reservation - no more than 6 years in total, i.e. the time for leaving only four children.
- The period of receipt of unemployment benefits.
- Time of participation in paid public labor.
- Duration of relocation for the purpose of employment in another locality in the direction of public service.
- The paid labor of the convict.
- The period of detention, serving the sentence, being in exile in the event of an erroneous charge.
- Execution of powers of a State Duma deputy, member of the Federation Council.
- The time that a able-bodied citizen leaves for a disabled person of the first category, a disabled child or an elderly person older than 80 years.
- Caring for a child with HIV and AIDS before they are 18 years old.
- The time of joining the clan community of small ethnic groups of the Far North.
- The period of work in areas that were not previously considered in the work book is IP, contractual employment of "domestic" workers - nannies, housekeepers, personal secretaries.
It is worth noting that these periods are taken into account when calculating the length of service only if they were preceded or followed by labor or other activities, accompanied by the payment of insurance contributions to the FIU. If two or more such periods coincide with each other in time (receiving unemployment benefits and caring for an elderly person, for example), then only one of them at the citizen's choice is counted in the insurance record.
Documents required for calculations
Traditionally, work experience is counted. If this document is lost, contains incomplete or incorrect information, then the law also permits the use of:
- employment contracts drawn up according to all the requirements of the law at the time of conclusion of the legislation;
- personal accounts;
- certificates written by the employer's hand;
- statements for the issuance of s / n;
- excerpts from orders.
The general requirements for the listed documents are the contents of the following information:
- number and date of issue;
- Name, date of birth of the worker;
- position, period, place of employment;
- weighty grounds for extradition.
Today, insurance experience can also be confirmed by extracts confirming the transfer of insurance contributions by you or your employer to the Pension Fund in the required period.
Rules for calculating seniority
Experience is calculated according to a simple scheme:
- According to the Federal Law No. 255, Art. 16, p. 1 to determine the periods of its activity, which are included in the length of service.
- Convert the duration of each period to calendar days.
- Summarize all periods, resulting in the total number of calendar days.
- From the resulting number, select full months (= 30 days).
- From months to distinguish full years of experience (= 12 months).
- Get the total length of service in years, months, and days.
There is another version of the rules for calculating length of service. The duration of an activity is considered from the day it begins to the day it ends inclusively (i.e., one day is added in addition). For example, from the day work begins until the day of dismissal. First you need to add years, then months, and then days. Then, if necessary, translate the days into months, and months into years, given that 1 month = 30 days, and 1 year = 12 months.
Example of calculating seniority
Here is an example of calculating seniority. The citizen has notes in the workbook:
- Employment at the Orion enterprise: February 5, 1980 - June 7, 1995.
- Employment at the Altair plant: 07/10/1995 - 07/22/2012
- Employment in the cooperative "Sunny": 09/15/2012 - 12/20/2016.
We consider his seniority by periods:
- Orion: 15 years 4 months 3 days (since the day of dismissal is considered to be part of the seniority).
- Altair: 17 years 13 days.
- "Sunny": 4 years 3 months 6 days.
Result: 36 years 7 months 22 days.
Provisions for special work experience
The Federal Law "On State Pensions" in 1990 defined the length of service as the total duration of activity in certain areas of the national economy or areas of social activity. He assumed both receiving retirement benefits after years of service and a preferential procedure for calculating seniority. The modern legislation diminished the importance of special experience, however, leaving its key advantages.
Special seniority is taken into account when assigning a pension:
- For the length of service: working in special working conditions, employed in medicine, civil aviation, pedagogy, creative activity, in military and public service.
- Employed in underground work, in hot shops, working in jobs with harmful working conditions.
- In old age, in connection with the special conditions of work - who have received disabilities of groups I and II due to occupational disease.
The inclusion of a particular employment in a special experience is regulated by the following acts (with current changes and additions):
- Federal Law No. 76.
- Federal Law No. 10.
- Law No. 3061-I of 06/18/1992
- Decree of the Council of Ministers of the RSFSR No. 384.
- Decisions of the Ministry of Labor of the Russian Federation No. 29.
Counting sick leave
To make these calculations, you need information about the insurance experience - the periods when the employee was insured in case of temporary disability. Recall that in this experience, according to the law, includes:
- official employment under an employment contract;
- state or municipal service;
- individual entrepreneurial activity, collective farm membership, activities in the Russian Orthodox Church, periods of deputy in the State Duma;
- military service, work in law enforcement agencies, etc.
Thus, you need to summarize in a calendar order all the above periods - the last term will be the day of the loss of temporary disability. When calculating seniority for a hospital, it is important to pay attention to the fact that it includes full years and full months of your activity. The “balances” (months and years that are not completed until the end) must be converted into days, and then months (= 30 days) and years (= 12 months) should be formed from them and added to the “full” length of service - the same as in the general calculation .
After calculating the length of insurance, you can judge the amount of payments for temporary disability:
- Less than 6 months - 1 minimum wage / month.
- Up to 5 years - 60% of your average salary.
- 5-8 years - 80% of the average salary.
- More than 8 years - sick leave will be equal to your average pay.
Seniority, namely, contributions to the FIU made during its duration, are a guarantee of receiving a pension, payments for temporary incapacity for work. As you have seen, the length of service is quite easy to calculate, as well as to determine the periods eligible to be included in its composition.