Rules for calculating total work experience. How to calculate work experience - overview of the main options

Interested in all future retirees. According to the adopted legislation of the Russian Federation, proof of work experience is provided by a citizen, which displays data for the entire working period.

Let's take a closer look at the basic rules and nuances of calculating seniority.

Insurance period for sick leave

Ministry of Health and social development The Russian Federation has made changes to the procedure for calculating length of service and average earnings for sick leave compensation. According to the innovations, the calculation of length of service is carried out according to all records specified in work book. The amount for sick leave payment is calculated on the basis of average earnings for two years. At the same time, payments for various social benefits cannot be included in the final amount, but it also takes into account the amounts of daily allowances if they were paid to the citizen for the billing period.

The amount of sick leave pay directly depends on the number of years worked. With work experience of up to 5 years, payment is 60% of average earnings for two years of work. If a citizen’s work experience is from 5 to 8 years, then he will be paid 80% of average earnings on sick leave. If the work experience exceeds 8 years, then the compensation is equal to the average earnings, that is, it is 100% of it.

To calculate average earnings, V in this case it is necessary to sum up all the amounts earned (from which taxes were paid) and divide the result by 730 (two years).

Work experience and pension amount

The length of work experience is the main factor influencing the size of the future. According to labor legislation, for the period before January 1, 2002, the pension is calculated based on the length of service and the amount of salary, and after this date - on the basis of the amount of contributions made by the employer to the Pension Fund of the Russian Federation to the account of the future pensioner.

Full work experience in our country is 25 years for men and 20 for women. With this number of years worked, the pension will be 55% of the average salary. If a citizen has worked in excess of the established norm, increasing coefficients will be used in the process of calculating his pension (each redundant year + 1%, but not higher than 20%). Accordingly, the length of service coefficient of working pensioners is reviewed annually.

Work experience is divided into three periods:

General (the entire period of work without taking into account breaks);

Continuous (the duration of work in one workplace, in one position, etc. is taken into account);

Special (applies only to certain positions and areas of work. For example, work in the Far North, in hazardous industries, etc. may be taken into account).

The procedure for calculating work experience

If a person’s work experience does not reach the established norm (25 years for men and 20 for women), he will still receive a pension, but in a smaller amount.

When calculating the length of service, the insurance period and the period during which contributions to the Pension Fund were automatically deducted from his salary are taken into account.

When calculating length of service for women, it is also necessary to take into account the period. According to established legislation, each type of experience includes maternity leave, parental leave up to 3 years and unpaid leave. In addition, in some situations, parental leave for a child up to 6 years of age is also included in the calculations.

The following factors are also taken into account when calculating length of service.

1. Calculus insurance period is carried out in calendar order. If the periods provided for by this Federal Law coincide in time, when calculating the insurance period, one of such periods is taken into account at the choice of the person who applied for the establishment of an insurance pension.

2. The insurance period does not include periods taken into account when establishing a pension in accordance with the legislation of a foreign state.

3. When calculating the insurance period, periods of activity of persons who independently provide themselves with work, heads and members of peasant (farm) households, members of family (tribal) communities of indigenous peoples of the North, Siberia and the Far East Russian Federation carrying out traditional economic activities, periods of work for individuals (groups of individuals) under contracts are included in the insurance period, subject to payment of insurance premiums in Pension Fund Russian Federation.

4. When calculating the insurance period required to acquire the right to an old-age insurance pension by citizens receiving a long service pension or a disability pension in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-1 “On pension provision for persons who served in military service” service, service in the internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, enforcement agencies of the Russian Federation, and their families", in the insurance length of service does not include periods of service preceding the assignment of a disability pension, or periods of service, work and (or) other activities taken into account when determining the amount of a long service pension in accordance with this Law. In this case, all periods that were included in the length of service are considered taken into account, including periods that do not affect the amount of the long service pension or disability pension, in accordance with this Law.

(see text in the previous edition)

5. When calculating the insurance period required to acquire the right to an old-age insurance pension by citizens from among the cosmonauts receiving a long service pension or a disability pension in accordance with Federal Law of December 15, 2001 N 166-FZ "On State Pension Provision in Russian Federation", the insurance period does not include periods of work (service) and (or) other activities preceding the assignment of a disability pension, or periods of work (service) and other activities taken into account when determining the amount of the long service pension in accordance with the specified Federal by law, unless otherwise established by an international treaty of the Russian Federation.

6. When calculating the insurance period, periods of work during the full navigation period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year.

7. Persons who performed work under copyright contracts in the corresponding calendar year, as well as authors of works who received payments and other remuneration in the corresponding calendar year under agreements on the alienation of the exclusive right to works of science, literature, art, publishing license agreements, licensing agreements on granting the right to use a work of science, literature, art, if the total amount of insurance contributions paid to the Pension Fund of the Russian Federation from payments and other remunerations received under these agreements during a given calendar year amounted to at least the fixed amount of the insurance contribution for compulsory pension insurance, determined in accordance with the legislation of the Russian Federation on taxes and fees, the insurance period includes a period equal to a full calendar year (from January 1 to December 31), in which insurance contributions to the Pension Fund of the Russian Federation are paid from payments and other remunerations under these contracts. If the total amount of insurance premiums paid during a calendar year for these persons is less than the fixed amount of the insurance premium for compulsory pension insurance, a period (in months) of duration calculated in proportion to the insurance premiums paid, but not less than one calendar month, is included in the insurance period. (30 days). The period counted towards the insurance period in connection with the payment of insurance contributions to the Pension Fund of the Russian Federation from payments and other remunerations under these contracts, if there are periods of work and (or) other activities in the corresponding calendar year, other periods are taken into account in such a way that the insurance period for the corresponding calendar year did not exceed one year (12 months).

Experience, based on the work book, is currently actively calculated using special software on a computer.

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Accountants are already starting to get used to these kinds of calculation modules that come with accounting programs. However, manual knowledge of such calculations is a necessary skill for both the personnel officer and the accountant.

As basic data, you will need an original or copy of the work book. Only the copy must reflect and clearly read all records.

Why is this necessary?

Work experience is a specific period of time that was worked by an employee at different enterprises, firms, organizations, and institutions.

Sometimes a person can work all his life in one enterprise. But work activity is always accompanied either by insurance payments in one case or another, or by the accrual of a pension subsequently, when the age determined by law comes.

Experience is needed so that the settlement department of insurers or the Pension Fund has something to rely on when they calculate payments to an employee. Where can you get this experience if not in the document that reflects the entire work activity of the employee - the work book.

Not all periods were actually worked by the employee, and therefore many people have concerns that not all time intervals reflected in the work book will be included in the calculation.

But there's really nothing to worry about. After all, Law No. 400-FZ dated December 28, 2013, spells out all the cases that can be included in the length of service and which cannot.

So, for the insurance guard, the following records are taken into account when the employee must retain his position and salary:

• periods of work (from the date of hiring to the date of dismissal);
• military service (defined by law dated February 12, 1993);
• periods of service or work in the Armed Forces of the Russian Federation or law enforcement agencies of the Ministry of Internal Affairs, State Border Service, Federal Penitentiary Service, Ministry of Emergency Situations, etc.;
• hospital bulletin;
• maternity leave lasting no more than 6 years in total;
• registration at the employment center, public works, public service, etc.;
• caring for a disabled relative or child, in accordance with legal regulations;
• period of imprisonment;
• the presence of military personnel abroad, where they could not work normally or find work.

Law No. 400 talks about the minimum length of service that serves as the basis for calculating an insurance pension - this is 15 years.

But in order to ensure that citizens do not experience a sharp jump in such a limitation, the Government decided to introduce a threshold of maximum years for calculating the smallest insurance pension gradually.

This suggests that for 2020 the minimum length of work experience is not 15, but so far only 6 years. Otherwise, length of service is taken into account when calculating benefits for sick leave, calculating benefits for annual leave and other payments.

How to calculate work experience using a work book

The calendar principle of calculation for finding work experience is not new for personnel officers or accountants. This system is confirmed by Law No. 400, which deals with certain rules, which every personnel officer should learn.

So, for calculation you need the following rules and procedures that are applicable in the process of calculating length of service:

1. A full month is taken every 30 days.
2. A year is taken to be 12 months.
3. All time intervals when a person worked must be written out from the work book.
4. Each individual period must be calculated by finding the total number of days, months and years.
5. After that, everything adds up - all the periods and you get the total length of service.

The best way would be to write down all periods of working capacity in a column. Then it will be easier to visually navigate the calculation process.

From each date when an employee was fired or his employment agreement was terminated, one day is taken away, which falls on the date of hiring for a new position or job.

What formula is used?

To calculate an employee's length of service, a simple formula is followed, which is established as a calculation method in the government Decree dated July 24, 2002. First, each period is calculated separately, starting with numbers, then months, and years are displayed.

And only after this is calculated using a formula that reflects the subtraction of the start date of a particular period from the sum of the received dates of the end of the periods.

Example

To see the entire calculation method, you need to study a special algorithm of actions, following which you can easily determine the employee’s length of service, based on the periods of hiring and periods of dismissal.

For example, Glebushkina E.A. at the time of calculating the length of service, there were three entries in the book that reflected the hiring and dismissal. Following the calculation algorithm and the formula established by the regulatory act (Government Decree No. 555), we will make the necessary calculations:

• The three periods are written out in a column so that they can be clearly seen:

• jwe determine the sum of the dates when the employee was hired (only the time interval of hiring for a position with subsequent dismissal):

• Now we find the sum of the dates when the employee was fired:

• at this stage, find the difference using the formula between the dates of the end of the working period (amount) and the dates of the start of work (amount):

This comes out to: 10 years, 2 months, 1 day.

• Now, to the obtained result of the number of days, you should not forget to add another 3 days, because there were 3 periods of working capacity. In total, we get the final result - 10 years, 2 months, 4 days.

Work experience of Glebushkina E.A. for the period of open and closed work, except for the period of current work, was 10 days, 2 months and 4 days.

How to calculate total length of service, example

To have a good idea of ​​the entire calculation process, you just need to look at an example of a mathematical calculation of seniority.

Suppose we took for calculation the period of time when the employee worked from 08/04/1984 to 08/02/1996.

This means that in the work book the order and date of entry on his hiring will be exactly August 4, 1984, and his dismissal will be August 2, 1996.

We follow the calculations in order:

In case the total of days would result in 30 or 31 days, then they are converted to full months - which is 1. Then these 30 days are subtracted from the number of days and one is added to the resulting number of months.

It turns out that the designations of indicators for days will become zero, and everything will turn into the sum of months. We looked at the experience for one period.

For example, consider 2 periods by which we should determine the total length of service:

• hiring from 08/04/84 and dismissal from 08/02/96;
• acceptance to the position from September 15, 1997 and dismissal from October 25, 2001.

In the first period, we already know the length of service – 11 years, 11 months. and 29 days. All that remains is to find the length of service for the second period, and then add everything up correctly:

At first glance, the calculation may seem labor-intensive and that a lot of mistakes can be made. However, practice shows that if you take the calculations seriously a couple of times, then everything will happen automatically.

For retirement

Calculating the length of service for the future calculation of a pension requires determining the insurance period, which is directly related to the general work experience. The insurance period is the period of time during which employers paid insurance premiums for an employee.

The minimum period of service for calculating a disability pension due to age, according to the law today, is 6 years. The law of December 28, 2013, amended on June 29, 2015, defines the concept as “ insurance pension».

An insurance pension is a compensation payment every month to those citizens who, due to age, cannot continue working, and who previously officially worked for employers, who made corresponding contributions to the Pension Fund for the employees.

In total, there are several types of pensions that operate in Russia today. This is the pension:

• insurance;
• cumulative;
• social.

For an insurance pension, the length of service is calculated for the period, which includes payments by the employer for the subordinate of the due contributions. An insured event for the return of employee benefits is here - an achievement retirement age subordinates.

In this case, we apply the same calculation mechanism as was used in the process of determining the total length of service, only the result will be translated into special coefficients.

Cumulative pension part- this is when the employee himself added some amounts to the funded part, determines its size and number of years, and also has the right to transfer this part to the heirs.

This type of pension is allowed only for citizens born after 1967. And the last type pension provision – social pension, calculated based on the minimum wage.

Those citizens whose work experience in 2020 is less than 6 years are entitled to receive not an insurance pension, but a social pension, which is also accrued upon reaching age.

Therefore, pensioners who are not working or have worked little in their lives also receive benefits - it will simply be an order of magnitude smaller in monetary value than the social pension.

It should also be noted that if, when calculating the seniority of a pensioner, any of the periods of maternity leave or leave to care for a sick relative fell during normal working hours, then one thing is taken into account. The pensioner himself chooses which period should be counted towards his length of service.

For those who worked unofficially or who worked in professions that did not require employment in a team and could work for themselves, legislators simply recommend making the necessary contributions to the Pension Fund, then they have every chance of receiving an insurance pension.

Such citizens include:

• individual entrepreneurs;
• writers, writers, poets;
• artists, sculptors;
• copywriters, freelancers;
• lawyers, notaries, legal practitioners;
• independent experts;
• psychologists or psychotherapists working for themselves and not in an organization;
• and other persons.

If a citizen receives a pension in another country, and previously worked in Russia, this does not mean that he is not entitled to a pension.

He can also apply for it, but only minus the period of time when he worked in a foreign country. This assumption is stated in Law No. 400.

The length of service is calculated on the basis of the work book, which reflects all periods that must be taken into account when calculating for the entire working period of the employee.

In modern Russian legislation, the term “general” is absent. Previously, it meant the totality of labor and other useful activities for a given period, which guaranteed the citizen the right to social protection and a pension.

There are several types of work experience:

• general
• special
• insurance
• continuous

In 2002 it was held pension reform, as a result of which the term “total length of service” was replaced by “insurance length of service”. Such innovations are associated with the introduction of a new citizen insurance system. After the implementation of the reform, each entrepreneur took upon himself the obligation to pay for employees. Due to the summation of all periods, the citizen receives a pension.

Work experience includes:

• time when the parent was on parental leave
• period of time when a citizen was declared incompetent (so-called sick leave)
• time in the army
• a period of time when a citizen was deprived of freedom and was in places where it was restricted, but then the charges against him were dropped and he was found innocent
• if a citizen is registered with the employment service and receives unemployment assistance from there
• if a citizen participated in public works for a certain period of time, which were paid
• if the employment service sent a citizen to another area for employment, then the time spent on moving is also taken into account in the work experience
• if a citizen constantly takes care of a disabled person of the first group or a pensioner who is over eighty years old
• time spent abroad by the husband or wife of a consular officer or diplomat sent there by the government of the Russian Federation

Until 2012, total work experience also included time spent on full-time work. But due to the implementation of the reform, such a need has disappeared. After all, studying at a university does not provide for the payment of insurance contributions, and therefore they are not included in the calculation for determining the pension.

When is calculation of experience necessary?

You only need to calculate your work experience in two cases: when receiving or receiving a pension. Both of these cases are somewhat different from each other.

To calculate sick leave, length of service includes:

• the period of work that was formalized by the employment contract
• the period when a citizen served in public service in civil or municipal bodies
• time of other activities when the citizen received wages and insurance payments were made for him

To calculate length of service, it is necessary to take into account all types of a person’s work activity, including service in the Armed Forces and caring for a child under 1.5 years old.

Calculation of length of service using a work book

The amount of some depends on the length of the employee’s work experience. We are talking about temporary incapacity (sick leave). Its size directly depends on the duration of the experience. The same can be said about maternity benefits.

Russian legislation provides for a minimum length of service for men, which will allow them to retire, of 25 years, for women - 20. If a citizen has worked for this number of years, then his pension will be accrued in full in the amount of 55% of the employee’s average earnings.

There is also the possibility of increasing this percentage. For each year above the specified terms, the state adds 1%. But this number cannot exceed 20%.

Manually

First, you need to take a work book and sequentially write down from there all the dates of admission and dismissal from work. This must be done strictly in chronological order (then it will be easier to count). For greater convenience, you can write out data for each organization in a column. You also need to remember that you should subtract the first working day from the date of dismissal and add one more day.

Experienced personnel officers know that when making calculations, they need to take into account the fact that 1 year of experience includes 12 months, and a month – strictly 30 days.

If the work book does not contain exact entries taking into account the days of the month, then the start of work should be considered half the month (15th day), or the middle of the year - the beginning of July.

The data that is obtained by summing up data from all places of work must be converted into the necessary time units (year, month).

Using programs

For those for whom such work will be too difficult or boring, and they are looking for how work experience is considered easier, there is a method for calculating work experience using a computer program. This can be either a 1C program installed on a computer or simple online services that offer such a service.

Programs for calculating total or continuous experience allow you to use the following:

• calculate your work experience with a simple mouse click
• ability to enter data both from the keyboard and using a computer mouse
• navigate through cells by simply pressing function keys and much more

Such programs make it possible to calculate length of service in a couple of minutes. You just need to enter the required data into the cells and wait for the result.

If there is no work book

The work record may be lost. And the reason for this is not only negligence. Fire, flood or other troubles may occur. But work experience still needs to be calculated. In such cases, you can resort to using other documents that confirm your work activity:

• certificates issued by the employer
• extract from the order of hiring or dismissal
• personal account
• statements containing salary data

All documents must be original and contain the number and date.

Calculation example

The algorithm for calculating seniority (even manually) is quite simple. For greater understanding, it can be cited at.

Before starting work (November 12, 2005) at Siyanie LLC, Sergei Vladimirov Ivanov was an employee of two more enterprises with which he signed an employment contract. This is evidenced by the entries in the work book:

1. He worked at Tulip LLC from September 15, 1995 to January 17, 2000 inclusive.
2. He worked at Sosna CJSC from February 1, 2000 to September 22, 2005 inclusive.
3. He worked at Siyanie LLC from November 12, 2005 to October 15, 2007 inclusive.

After that he fell ill, as evidenced by a medical certificate. The illness lasted from October 15 to October 25, 2007.

It is necessary to determine the length of work (insurance) experience in order to calculate disability benefits.

To do this, you need to calculate your work experience. At the same time, it is worth considering the fact that it is necessary to include in it, but not the day of onset of the disease.

• The employee spent 4 years, 4 months and 2 days at the Tyulpan LLC enterprise
• at Sosna CJSC – 5 years, 6 months and 21 days
• he worked at Siyanie LLC for 1 year, 11 months and 2 days

If we summarize all this data, it turns out that S.V. Ivanov has 11 years 9 months and 25 days of work experience. Based on these data, he may be accrued temporary disability benefits in the amount of 100%.

Every citizen of the Russian Federation who works in a permanent place must have a special document. One of them is a work book. This is where the work experience is recorded. The easiest way to calculate it is from the work book. Today you can find a huge number of approaches for this.

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Calendar calculation

As a rule, general, special and continuous work experience are calculated by actual duration, with the exception of special rules for calculating general work experience and length of service. The preferential procedure for calculating length of service for the purpose of an old-age pension, including in connection with special working conditions, as well as for a disability pension, is provided for in Article 94 of the Law:

for a full year of work:

work during the full navigation period, full season at enterprises and organizations of seasonal industries. List of seasonal work and seasonal industries, work in which, regardless of their departmental affiliation for a full season is counted towards the length of service for the purpose of granting a pension for the period of work, approved by Resolution of the Council of Ministers of the RSFSR dated July 4, 1991 No. 381;

in one and a half sizes:

work in the Far North and similar areas;

in double size:

work in leper colonies and anti-plague institutions;

work, service during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy;

living in besieged Leningrad, being in concentration camps during the Great Patriotic War;

military service by conscription;

in triple size:

work, service in military units, institutions that are part of the active army, partisan detachments, formations, as well as time spent in medical institutions due to military trauma;

The length of service of persons who are granted an old-age pension in connection with work in the Far North is calculated on a calendar basis (Article 14 of the Law).

The procedure for calculating continuous work experience, as well as the permissible duration of breaks in work activity, are determined by the Rules for calculating continuous work experience. x and employees when assigning benefits for state social insurance, approved by resolution of the Council of Ministers USSR dated April 13, 1973 No. 52. In accordance with the Rules, continuous work experience is determined based on the duration of the last continuous operation at an enterprise, institution, organization. The time of previous work or other activity is counted (summed up) under certain conditions and depends primarily on the grounds for dismissal from work.

By general rule, continuous work experience is maintained when moving from one job to another, provided that the break in work does not exceed one month, unless otherwise established by the rules or other norms of the current legislation.

Upon dismissal after September 1, 1983 at will without good reason, continuous work experience is maintained provided that the break in work does not exceed 3 weeks (21 calendar days).

Continuous work experience is maintained if there is a break in work Not exceeded two months:

a) upon employment of persons working in the Far North and equivalent areas, after dismissal from work upon expiration of the employment contract:

b) upon entering a job after being released from work in institutions, organizations and enterprises of the USSR (RF) abroad or in international organizations;

c) when entering work in the USSR (RF), citizens who moved from countries with which the USSR (RF) has agreements or treaties on social security(calculated from the date of arrival in the USSR (RF)).

Continuous work experience is maintained if the break in work does not exceed three months:

a) upon entry to work of persons released in connection with reorganization or liquidation or the implementation of measures to reduce the number or staff of employees;

b) when entering work after the end of temporary incapacity for work or removal of disability. This rule applies in cases where long-term temporary disability was the basis for dismissal. For disabled people, the reason for leaving a previous job does not matter;

c) when entering a job after dismissal due to a discovered incompatibility of the employee with the position held or the work performed due to health conditions that prevent the continuation of this work (according to a medical report issued in the prescribed manner);

d) upon hiring teachers primary classes secondary schools released from work due to a reduction in the number of students.

When an employment contract is terminated by pregnant women or mothers who have children (including adopted children or those under guardianship or trusteeship) under the age of 14 years or a disabled child under the age of 16 years, continuous work experience is maintained provided that they enter work before the child reaches specified age. Moreover, during this period, a woman can repeatedly enter and leave work, while all periods of work will also be included in the continuous work experience. The Law of the Russian Federation “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)” dated March 30, 1995 No. 38-FZ provides for the preservation of continuous work experience for one of the parents or another legal representative HIV-infected - a minor under the age of 18 in the event of dismissal to care for them, subject to employment before the minor reaches the age of 18.

Continuous work experience is maintained if the break between the day of dismissal and the day of entry to work (study) does not exceed one year, for authorized representatives of the President of the Russian Federation (Decree of the President of the Russian Federation “On introducing amendments and additions to the Decree of the President of the Russian Federation of February 5, 1993 No. No. 186 “On the representative of the President of the Russian Federation in the region, region, autonomous region, autonomous district, the cities of Moscow and St. Petersburg”); for the heads of administration (Decree of the President of the Russian Federation of October 3, 1994 No. 1969 “On measures to strengthen the system of executive power in the Russian Federation”).

In accordance with Article 10 and 22 of the Law of the Russian Federation of January 22, 1993 No. 4339 “On the status of military personnel” in continuous experience work, taken into account when paying benefits for state social insurance, the time citizens spend in military service under a contract. is counted (included in continuous work experience) at the rate of one month military service for one month of work, and in conscript military service - one month of military service for two months of work, if the interval between the day of dismissal from military service and the day of entry to work (study) did not exceed one year. Regardless of the duration of the break, continuous work experience is maintained:

a) upon dismissal of one’s own free will due to the transfer of the spouse to another location;

b) upon dismissal due to old age pension. This rule also applies to pensioners receiving a pension on other grounds (for length of service), if they simultaneously? ‘;: you have the right to an old-age pension.

Continuous work experience is not maintained (i.e. interrupted) after termination of the employment contract for the following reasons:

systematic failure, without good reason, to fulfill the duties assigned by the employment contract or internal labor regulations (clause 3 of article 33 of the Labor Code);

absenteeism without good reason or showing up at work while drunk (Clause 4, Article 33 of the Labor Code);

the entry into force of a court verdict by which a worker or employee is sentenced to imprisonment, correctional labor outside the place of work, or other punishment that precludes the possibility of continuing this work (clause 7 of article 29 of the Labor Code);

loss of trust on the part of the administration in the employee directly servicing monetary or commodity assets (clause 2 of Article 254 of the Labor Code);

the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work (clause 3 of Article 254 of the Labor Code);

requirement of the trade union body (Article 37 of the Labor Code);

dismissal as a disciplinary sanction imposed in the order of subordination or in accordance with the regulations on discipline (clause 1 of article 254, clauses 3, 4, 7 of article 33 of the Labor Code);

the employee commits other guilty actions for which the law provides for dismissal from work (Clause 8, Article 33, Article 254 of the Labor Code);

repeated dismissal after December 13, 1979 at his own request without good reason, if 12 months have not passed from the date of the previous dismissal for the same reason.

When deciding whether the reason for dismissal is valid, one should be guided by the explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated July 9, 1980 “On the procedure for applying paragraph 16 of the resolution of the CPSU Central Committee, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions dated December 13, 1979 No. 1117 “On further strengthening labor discipline and reducing staff turnover in the national economy." — In particular, the reason for dismissal is considered valid if the employment contract is terminated due to the transfer of the husband or wife to work in another locality, the sending of the husband or wife to work or for service abroad, or moving to another locality; illness that prevents you from continuing to work or live in the area;

(according to a medical report issued in accordance with the established procedure); the need to care for sick family members (if there is a medical certificate) or disabled people of group I; moving to another area in the order of an organized recruitment of workers, public conscription; election to positions filled by competition; enrollment in a higher, specialized secondary or other educational institution, graduate school or clinical residency; violation by the administration of a collective or labor agreement, as well as in other cases.

The voluntary dismissal of disabled people, old-age pensioners, pregnant women, mothers with children under 8 years of age, as well as workers and employees with three or more dependent children under the age of 16 (students - 18) is considered valid.

When dismissing at one's own request, a record of dismissal in these cases is entered into the work book in accordance with clause 2.25 of the Instructions on the procedure for maintaining work books at enterprises, institutions and organizations, approved by the resolution of the State Committee of the Council of Ministers of the USSR on Labor and Wages dated 20 June 1974 No. 162, indicating these reasons.

According to Article 89 of the Law of the Russian Federation dated November 20, 1990 N 340-1 “On state pensions in the Russian Federation" The total length of service includes any work as a worker, employee (including hired work before the establishment of Soviet power and abroad), a member of a collective farm or other cooperative organization; other work in which the employee, without being a worker or employee, was subject to state social insurance; work (service) in paramilitary security, in special communications agencies or in a mine rescue unit, regardless of its nature; individual labor activity, including in agriculture. A special procedure for pension provision has been established for citizens of the CIS member states. It is defined by the Agreement on guarantees of the rights of citizens of the CIS member states in the field of pensions, concluded by the governments of these states on May 13, 1992 in Moscow. CIS participants: Russia, Republic of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Ukraine. When assigning pensions to citizens of these states, the length of service acquired in the territory of any of these states, as well as in the territory of former USSR, before the entry into force of the Agreement (clause 2 of Article 6 of the Agreement). We did not find any regulations related to the calculation and other issues of continuous work experience during work in the CIS republics.02/05/01 section No. 24

Rules for calculating and confirming insurance experience in accordance with the law

Work experience is calculated depending on the number of years officially worked by a person. Also, the performance of other socially useful activities, which are considered equivalent to work, is added to the length of service.

Work experience is divided into general, special and insurance. The concept of total work experience includes the time actually worked by a person, as well as periods of child care. Special work experience includes years worked by a person in positions with special working conditions, if the legislation provides for special benefits for workers in the designated industry.

The concept of insurance length of service is much broader than work experience and covers the entire period when a person made insurance contributions, even if during this period he was registered with the Employment Center or performed socially useful work for a fee.

Accrual of insurance experience

The calculation of the insurance period can occur throughout a person’s life in the following cases:

• If the employee is officially employed;
• If a person is an individual entrepreneur or receives creative fees in an amount no less than the minimum wage and makes all necessary payments to the tax office.
• If a person receives unemployment benefits or performs paid socially useful activities.
• If a person is on parental leave, but only for up to 1.5 years after the birth of the child. Just one person, due to child care, can be accrued 4.5 years of insurance experience.
• If a person was in prison, but his innocence was subsequently proven or the term of imprisonment was revised downward.
• If the spouse of a serviceman is forced to be in places where it is impossible to find a job due to the serviceman’s military service. In total, a person, based on this factor, can be accrued up to five years of insurance.
• If the spouse of a consul or diplomat is forced to stay a long period in another country.
• If a person was employed in another country, but made payments to the tax authorities of the Russian Federation.
• If a person was not employed due to caring for a disabled person or a person over 80 years of age.
• If a person has moved to another region for a long time to work in a new place in the direction of the employment center.

During other periods of a person’s life during which he was not officially employed, insurance experience is not accrued. While receiving higher and specialized education on a full-time basis, insurance experience is also not accrued.

Special insurance experience

Special insurance experience is accrued to a person during the period of his work in unfavorable health conditions, or in special regions of the Russian Federation, where the weather. A person who has a sufficient amount of special work experience can retire earlier based on length of service and receive special benefits from the state. For women, the special work experience for retirement should be 20 years, and for men - 25.

Calculation of insurance period

If at the same time a person worked and was engaged in the profitable activities of an individual entrepreneur or received creative fees, the insurance period for one calendar year is still not accrued twice. Also, the insurance period does not include periods of being on parental leave from 1.5 to 3 years, periods of receiving specialized and secondary education.

The table shows points for socially significant periods of life that are included in the length of service (non-insurance periods)

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Seniority

Seniority- time (duration) of labor or other socially useful activity of the employee. It is the basis for the emergence of the right to pension provision, vacation, temporary disability benefits, and also, in some cases, wages. The main document confirming work experience is the work book. In cases where employers have lost primary documents on employees’ earnings, the Ministry of Labor and Social Development of the Russian Federation and the Pension Fund of the Russian Federation recommended organizing work to ensure that these citizens have the right to calculate pensions from the wages received for their work in the following way.

Types of work experience

There are different types of work experience: general, continuous and special.

Total work experience

The total (currently insurance) length of service is defined as the total duration of work under an employment contract, other socially useful activities and other periods specified in the law, regardless of breaks.

Continuous work experience

Continuous work experience is an independent assessment category of an employee’s work activity, characterizing not the total length of work time, but a specific period of the employee’s work experience.

Continuous work experience is in no way related to the assignment of a state pension and is only important when the employee receives additional benefits. These benefits can be:

• increased benefits for temporary disability (including daily (hourly) benefits);
• wage supplements (including percentage bonus);
• pension supplements;
• one-time remuneration;
• state social insurance benefits;
• the right to receive sectoral non-state pension provision for long service;
• the right to receive subsidies for the purchase of housing;
• additional holidays;
• the right to sanatorium treatment;
• calculating length of service for the assignment of the next special rank, including qualification class;
• the right to preferential retention at work when staffing is reduced.

These benefits are a measure of reward for the employee's long-term relationship with his employer. They are designed to ensure the sustainability of labor relations and increase stability in the world of work. Achieving these goals will inevitably require some costs. This, naturally, is contrary to the commercial interests of the employer. But it should be noted that these costs are not useless. The material interest provided by the benefits in the continuation of labor relations with the employer and high-quality performance of work will be the reason that the workforce of an enterprise or organization will include the maximum number of qualified workers. Qualified workers will be able to provide high level quality of work and services. And this, other things being equal, will inevitably lead to an increase in the competitiveness of the enterprise, and, consequently, its profitability. Thus, additional incentive measures based on the results of continuous work can ensure not only the material interests of employees, but also the high profitability of the organization or enterprise.

Special work experience

Special length of service is the total duration of labor activity (regardless of the number and duration of breaks in it) in certain sectors of the national economy, in certain professions, positions and in certain areas, as well as some types of socially useful activities. This definition was previously contained current Law RF dated November 20, 1990 N 340-I “On state pensions in the Russian Federation.” In the updated legislation, the Law “On Labor Pensions”; In the Law “On state pension provision in the Russian Federation” and the Law “On pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penitentiary system, and their families,” the concept of special length of service actually no longer appears. However, what was called special length of service in the previous legislation is retained in the new pension legislation. But the legislator took the path of reducing pension benefits. In this regard, long-service pensions and preferential procedures for calculating length of service are excluded from the new legislation. The new law retains the previous rules for calculating special work experience in connection with special working conditions, including length of service, and in connection with special social conditions. It is expected that in the future it will be regulated by a special law on occupational pensions. Taking into account special work experience, i.e. the total duration of a certain labor activity (service), an old-age pension is established in connection with special working conditions, work in the Far North, as well as a pension for long service. So, for example, special work experience is taken into account when establishing: - old-age pension in connection with special working conditions (the length of service includes time of disability of groups I and II due to an occupational disease or injury associated with the production in which the specified injury or disease was received); – time of commencement of pension payment in connection with work in underground work, in work with harmful conditions labor and in hot shops (in such cases, a pension is established: for men upon reaching 50 years of age and women upon reaching 45 years of age, if they respectively worked for at least 10 years and 7 years and 6 months and their total work experience is at least 20 and 15 years, and if at least half of the length of service is spent in underground work, work with hazardous working conditions and in hot shops, then a pension is assigned with an age reduction of one year for each full year of such work for men and women). The legislation also provides for other cases of taking into account special work experience. Insurance and special work experience are inextricably linked with the assignment of a pension; the moment the pension is assigned and its size entirely depend on the duration of these types of service. Special work experience includes very limited types of socially useful activities. The procedure for including periods of socially useful activity in special length of service is established by regulations that provide for the procedure for calculating length of service for certain categories of citizens. Among such regulations it is necessary to highlight: – Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel” (as amended and supplemented on December 31, 1999, June 19, August 7, December 27, 2000 , July 26, December 30, 2001, May 7, 21, June 28, 2002); – Federal Law of January 12, 1996 N 10-FZ “On trade unions, their rights and guarantees of activity” (as amended and supplemented on March 21, July 25, 2002); – Law of the Russian Federation of June 18, 1992 N 3061-I “On introducing amendments and additions to the Law of the RSFSR “On social protection citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster" (as amended and supplemented on December 24, 1993, November 24, 1995, December 11, 1996, November 16, 1997, April 17, July 5, 1999 ., August 7, December 27, 2000, February 12, August 6, December 29, 30, 2001, July 25, 2002); – Resolution of the Council of Ministers of the RSFSR dated July 5, 1991 No. 384 “On the procedure for assigning and paying long-service pensions to flight test personnel” (as amended on August 12, 1992); – Resolution of the Ministry of Labor of the Russian Federation dated May 22, 1996 No. 29 “On approval of the clarification “On the procedure for applying lists of production, work, professions, positions and indicators given in accordance with Articles 12, 78 and 78.1 of the RSFSR Law “On State Pensions in the RSFSR” the right to an old-age pension in connection with special working conditions and to a pension for long service” (as amended and supplemented on October 1, 1999), etc. A special type of special work experience is length of service. But in about
Unlike special length of service, length of service of a set duration serves as a legal fact that gives the right to a pension regardless of age, subject to dismissal from work in connection with which the pension is awarded. The range of subjects entitled to a long service pension is quite wide. It includes: workers employed in jobs with special working conditions; workers civil aviation; teaching staff; persons engaged in medical and other work to protect public health; artists and other categories of creative workers; military personnel; civil servants.

Insurance experience

Insurance length of service is the total duration of periods of work and (or) other activities taken into account when determining the right to a labor pension, during which insurance premiums were paid to the Pension Fund of the Russian Federation, as well as other periods included in the insurance period. Insurance experience is currently a condition for assigning an old-age pension (at least 5 years of insurance experience). Persons with less than 5 years of insurance experience are not assigned an old-age labor pension (Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”) Attention: Periods of activity for which insurance contributions were not transferred or were transferred in violation terms are not included in the insurance period. This is currently a problem. Not all employers are ethical. By Resolution of the Constitutional Court of the Russian Federation dated July 10, 2007 N 9-P, the provisions of paragraph 1 of this article were recognized as contrary to the Constitution of the Russian Federation to the extent that they allow not to include periods of work for which insurance premiums were not paid in full or in part in the insurance period.

In accordance with Articles 10 and 11 of Federal Law No. 173, the following periods and types of work are included in the insurance period:

1. periods of work and (or) other activities that were performed on the territory of the Russian Federation, provided that during these periods insurance contributions were paid to the Pension Fund of the Russian Federation;
2. Periods of work and (or) other activities that were performed outside the territory of the Russian Federation are included in the insurance period in cases provided for by the legislation of the Russian Federation or international treaties of the Russian Federation, or in the case of payment of insurance contributions to the Pension Fund of the Russian Federation; and other periods:
3. the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families";
4. the period of receiving compulsory social insurance benefits during the period of temporary disability;
5. the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total;
6. the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction civil service employment to another area for employment;
7. the period of detention of persons unjustifiably prosecuted, unjustifiably repressed and subsequently rehabilitated, and the period of serving their sentences in places of imprisonment and exile;
8. the period of care provided by an able-bodied person for a group I disabled person, a disabled child or a person who has reached the age of 80 years;
9. the period of residence of spouses of military personnel serving under contract with their spouses in areas where they could not work due to lack of employment opportunities, but not more than five years in total.

Other periods are included in the insurance period if they were preceded or followed by periods of activity specified in paragraphs 1-2.

Calculation of work experience using an online calculator

Calculating the exact period of work experience is necessary to carry out a number of cash accruals:

• when paying on a certificate of incapacity for work (sick leave);
• when accruing benefits during maternity leave;
• when calculating pension accruals.

Obviously, the calculation uses only those time intervals when the citizen was officially employed, the employer paid taxes for him, and all changes in his working life were recorded in the work book.

Data for calculating length of service online

To carry out the calculation, you only need to know two indicators:

• start date of the working period;
• its end date.

There are rarely examples where a citizen works in one workplace all his life. Therefore, to carry out calculations, it is necessary to know the time intervals for a citizen’s employment at all places of his work. All this data can be seen in the employee’s work book, in column No. 2 “Date”. When applying for a job, it indicates the date of registration of employment, and when transferring to another job or upon dismissal, the date of transfer or termination of employment with a specific employer.

When calculating work experience, there are some nuances that must be taken into account:

• if the document indicates only the year of hiring or dismissal, then the date July 1 of the corresponding year is taken for calculation;
• if the day of the month is not specified, then the 15th day of the corresponding month is taken;
• if a calendar month or year is worked in full by an employee, then when calculating, there is no need to divide by 30 days or 12 months.

Instructions for using the calculator

In order to calculate the length of work experience, you need to enter the following data in the electronic calculation form given below:

• date of hire. Information can be entered manually in the format: “day/month/year” or use the pop-up calendar window by selecting the desired date;
• date of dismissal from this place of employment.

If there were several places of work, then this data must also be entered into the electronic form. As you enter the initial data in the form, new windows for entering dates will appear.

After all the data has been entered, the final result of calculations separately for each period of employment in days and the final result for the total insurance period in whole years and months will appear at the bottom of the calculator form.

Practical example of performing calculations

Let's take this situation as an example: gr. Ivanova got a job at the statistics department on September 3, 1990, and quit to care for her child on November 10, 1997. Some time later, on July 1, 1999, she got a job at Priz LLC, where she works to this day.

Let's enter all the initial data into the fields of the electronic form of the calculator and get the output data: gr. Ivanova has 2625 days of work experience in the statistics department, at last place work – 6581 days. The final insurance period as of July 7, 2017 is 25 years and 2 months.

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What is insurance experience and how to determine it

Experience is a complex legal fact that affects the emergence or change of the right to assign payments of all types of benefits, pensions, etc. There are several types of experience: labor, general and special insurance experience. Let's look at these concepts in more detail. So, what is insurance experience?

The total insurance period is the duration of a person’s work activity, during which mandatory insurance contributions were paid, as well as other periods specified in the law. The credit may also include periods when a person did not work for valid reasons according to the established procedure.

What is included in the insurance period?

Insurance periods include: temporary disability with the right to receive social insurance benefits, leave to care for a child or a disabled person of the first group, participation in socially useful labor activities with the receipt of unemployment benefits, military service on conscription, as well as residence of military families in regions where there was no opportunity to find a job. In the latter case, the law establishes a maximum period of 5 years. The above periods are taken into account only if there are periods of labor activity preceding or following them.

Special insurance experience is the duration of a person’s labor activity in workplaces with hazardous working conditions, in special climatic conditions, or outside the Russian Federation in territories with a special status for paying mandatory insurance contributions.

Insurance experience and work experience, what is the difference?

Work experience is the duration of a person’s work activity, which is a mandatory prerequisite for the appointment and payment of vacation, pensions, various benefits, etc.

The differences between the concepts presented are as follows:

• Legal significance of length of service in the right to social security.

In connection with the presence of insurance experience, the right to pension accruals and payments arises. The presence of total work experience is necessary for the legal assessment of information about the work experience of insured persons and determining the amount of insurance payments.

• Calculation of insurance and labor experience.

Periods of work or other activities that occurred both before and after the introduction of the law of 2001/12/17 can be counted towards the insurance period. The calculation of the total length of service is made only as of 2001/12/31 and does not include other periods of activity taken into account in the insurance period.

Periods of unemployment during which a person received benefits under the state program are counted towards both the length of service and the insurance period. In fact, periods of activity as a member of a farm, an individual entrepreneur, etc. can also be counted towards the insurance period. Great value in how seniority is earned, no. An important element in this case is the paid insurance premiums.

The importance of the insurance period when calculating sick leave benefits

When calculating sick leave benefits, the periods of work or other activities of the employee during which insurance payments were made are taken into account. The amount of the benefit depends directly on the length of the insurance period. The longer a person's insurance coverage, the higher the amount of his benefit will be.

If the total working activity of the insured person is 5 years, sick leave benefits will be calculated based on 60% of the average monthly salary. If the duration of the insurance period is from 5 to 8 years, 80% of the average monthly salary is accrued, eight or more years - 100%.

If the duration of the insurance period does not exceed six months, the amount of sick leave benefits will be no more than one minimum monthly salary, taking into account the regional coefficient.

The insurance period for sick leave is determined on the date of occurrence of the insured event and is calculated in calendar order. Since the length of sick leave is calculated based on full months and full years, the order in which full months and years are converted is very important, since a minor difference can significantly affect the amount of the benefit.

In this case, the transfer of full months and full years is carried out only for months and years that have not been fully worked.

Karpov I.V. Worked from April 21, 2004 - October 26, 2007 in one company, and from January 14, 2008 to the present - in another company. Temporary disability occurred on December 15, 2011. Consequently, the following periods are included in the insurance period:

• In the first case - 3 years, 6 months and 7 days;
• In the second case - 3 years, 11 months and 2 days.

This adds up to 7 years, 5 months and 9 days.

Karpov I.V.’s insurance experience gives him the right to receive state sick leave benefits at the rate of 80% of the average salary.

Official confirmation of an employee’s work experience is a document containing employment records, that is, his work record book. If the labor records are not marked with specific dates, the following must be taken as the estimated date:

• If there is no month - the first of July of the corresponding year;
• If there is no date for the month, the 15th day of the specified month.

If the employee cannot provide a work book, or the entries in it are incomplete or incorrectly entered, the social insurance fund may accept certificates issued by the employer, written employment contracts, personal accounts, etc.

Crediting the period of military and army service and insurance experience

According to the order of the Ministry of Health and Social Development of the Russian Federation, approved since 2010/01/01, for the calculation of sick leave benefits, the period of general insurance coverage included the time spent in professional service in military positions. Moreover, if military service took place since 2007/01/01, payment of the corresponding benefits will not be made. If this significantly affects the amount of the benefit paid, in this case provisions are made additional payments at the expense of the state budget.

For example, the insured fell ill on 1/02/2010. His total length of military service is 6 years, until December 31, 2006 and 2 years until December 31, 2008. The length of service is 7 months. In this case, the duration of the total insurance period, taking into account the period of professional service in a military position until 12/31/2006, will be 6 years and seven months, accordingly, the benefit will be calculated based on 80% of the average monthly earnings. Further, it is necessary to include 2 years of professional service in a military position. The total length of service will now be 8.7 years, which means the amount of benefits will increase. The difference between the amount of benefits is 20%, which must be paid from the state budget.

From 2010/01/01, the period of military service will also be included in the insurance period. Let's take a closer look at an example of how military service is included in the insurance period:

Temporary disability occurred in 2009, the sick leave was closed in 2010. The employee’s work experience excluding service in 2009 was 4 years. This means that the benefit will be 60% of the average salary. In 2010, taking into account the changes, the duration of the total insurance period will be more than 5 years, which means the amount of the benefit will increase by 20%.