What you need to know about internship Insurance experience - what is included in it, how is it calculated Calculate insurance and work experience

Work for the calculation of a labor pension, payment of a sick leave or other purposes, it is necessary to be guided by some methods.

Determination of the total work experience

General seniority takes into account all types of activities of a citizen officially employed. This plays a major role in the calculation of pension payments.

If the employer pays insurance premiums in good faith, then, accordingly, pension payments will be real. With the introduction of the law on labor pensions, this concept was replaced by seniority, and important information about it began to be taken into account by the FIU.

The difference between the old and new definitions is only that the total length of service includes socially useful work and the labor sphere, and insurance - when the company paid contributions to the FIU.

With the introduction of new legislation, the amount of pension payments became dependent on the time of employment:

• if we take the time before the onset of 2002, then everything depends on the length of service and average earnings per month;
• since 2002 - from the amount of contributions and the minimum length of service.

It became impossible to calculate pensions, as entitlements could not be compared with newly introduced ones. Since the end of 2001, the estimated accumulated capital for calculating pensions at the beginning of the change began to be taken into account legislative framework. The calculation formula takes into account the size of the labor pension.

What types of experience affect the calculation of pensions

When calculating the labor pension, different periods for the formation of seniority are taken as a basis.

The following periods are taken into account when calculating:

• performance of work, including creative work, both on the territory of the Russian Federation and abroad;
• service in the ranks of the armed forces;
• occupational disease or disability due to work activity;
• being in custody without grounds for it;
• registration at the Employment Center due to unemployment.

Also, when calculating the total length of service includes:

• training by types of professions;
• caring for a disabled person;
• stay on maternity leave to care for children under the age of 3, but the time in total should not exceed 9 years;
• when it is not possible to find a job due to moving to another locality, including abroad (wives of military personnel fall into this category);
• if the citizen was in captivity and in other territories occupied by the enemy during the war.

The insured person has the right to choose the calculation system, although on the basis of practical applications, the FIU chooses the calculation system itself, and the benefit to the pensioner is taken into account.

The procedure for calculating the length of service is simple: first you need to add the number of years worked, then the months, select years from the months and again add to the years worked, and then you need to start counting the days. Divide the days obtained during the calculation by 30, and then by 12.

For example, a citizen has worked at one enterprise for 15 years, 3 months and 4 days. This will be the insurance experience.

What documents confirm the calculation of seniority

The main document for calculating seniority

The fundamental document in calculating the length of service is the work book, and if it is lost and in case of illegible records, the experience is confirmed:

• certificates from employers;
• extracts from the records of the personnel department;
• labor and agreements;
• documents in the archive;
• witness statements.

All of these documents can become the basis for calculating the labor pension.

Calculation of work experience

To date, software is provided for calculating the length of service. However, HR and accountants need to know how to do it manually. This requires a work book, the entries in which must be clearly and legibly written.

Seniority is the duration of work in enterprises and organizations. A citizen can work all his life at one workplace, but in any case, the company must transfer payments to the Pension Fund, that is, this will be taken into account when calculating a pension.

Sometimes citizens have doubts that not all periods will be taken into account when forming the length of service, but in reality there is no point in worrying.

The following circumstances are taken into account when forming the experience:

1. A full month is 30 calendar days.
2. A year is 12 months.

Time intervals are written out of the work book to determine the total number of months and years worked.

All periods are added up, and as a result, the total length of service is obtained.

Calculation formula

The formula for calculating seniority

When calculating the length of service, you can use a simple formula. Initially, they produce for each period, and then calculate the years and months.

As an example, a clear algorithm of actions can be given:

1. Citizen Velikokon V.L. has an entry in the workbook:

OJSC "Magnitny Source" General Manager

25.05.96-13.03.04

OOO "Master"

15.03.04 — 28.10.2010

JSC Mashzavod St. Petersburg

25.11.2010 — 28.12. 2015

OJSC "ServiceMash"

01/10/2016 to present

1. The amount is determined when the employee was hired:

25.05.96+15.03.04+25.11.2010=65.19.2110.

1. Determine the sum of the dates of dismissal:

13.03.04+28.10.2010+28.12. 2015=69.25.4029.

1. Now you need to find the difference between the date of working time and the start of employment:

69.25.4029-65.19.2110=04.06.1919.

It turns out that 19 years, 6 months and 4 days - this is the seniority of a citizen.

Calculation of seniority for sick leave

The employee fell ill on 04/20/2014. He has worked at this workplace since 06/08/2013. Prior to that, he was employed in another organization from 03/02/2009 to 06/04/2012, that is, 3 years and three months.

At the last workplace from 06/08/2013 to 04/19/2014, 10 months and 12 days were worked.

It turns out that the total experience is 3 years 13 months and 12 days. (of which 13 months are a year and a month).

As a result, the insurance experience is 4 years, 1 month and 12 days.

The calculation is carried out in accordance with the data from the work book.

Some changes have been made to the payment of sick leave at the legislative level. Calculations are made on the basis of entries made in the work book.

The amount of payment is calculated based on data on average earnings for the last 2 years. Social benefits are not taken into account, but per diems for travel expenses are added.

The calculation can be done:

• using a special program on a calculator;
• when calculating manually, it is recommended to record the periods of work in organizations in a column;
• separately calculate the date of admission and dismissal;
• Next, you need to add up the results.

If the total length of service is up to 5 years, then the sick leave payment will be 60% for 2 years of work. If from 5 to 8 years, then 80%, and more than 8 years, then 100%.

About changes in legislation

Changes in legislation when calculating pensions

Until recently, continuous work experience was used to calculate pension payments. At this time, the duration of work activity is calculated based on transfers from the employer to the FIU.

Types of experience:

1. Total seniority is the time spent on training and work in enterprises, including childcare and service in the armed forces.
2. Special experience is labor activity associated with special working conditions, for example, these are professions or types of work associated with harmfulness or danger.

At the same time, each period of labor activity is indicated in the work book, that is, the date of employment and the date of dismissal. Work in the Russian Federation is paid and the possibility of processing payments by age or in connection with disability is provided. Records in the work book must be kept correctly.

Instructions for determining the length of service

Algorithm for determining the length of service:

1. First you need to determine the periods of labor activity. If the employee's surname or initials have changed during the period of his work, then you need to attach confirming this circumstance.
2. Calculate the number of calendar days for each period. If the document does not contain the exact date, but only the year is indicated, then the date of July 1 should be taken into account. If the year and month are written, but there is no date, then the middle of the month should be taken in the calculation - the 15th day.
3. Make a calculation of the duration of labor activity.
4. Determine the number of complete years, months and days. When calculating the length of service due to temporary disability, one should take into account the time from the moment of employment to the day the sick leave is issued.

When calculating the pension, the periods of study, maternity leave and the time of caring for a disabled person should be taken into account.

Starting from 2002, all periods are fully taken into account when calculating the labor pension, including during pregnancy and sickness. To calculate the length of service, the accumulative system also works successfully.

For changes in the calculation of seniority for pensions, see the following video:

Question form, write your

The concept of “general length of service” (OTS) cannot be found in the current legislation of the Russian Federation.

This is a kind of vestige of the old, still Soviet pension system, when all working citizens received the right to payments. OTS represents the totality of work activities in terms of time.

After the reform of 2002, the purpose of which was to bring the country's pension system to the insurance model, the term "work experience" is practically not used. Pensions began to be calculated on new grounds and formulas. The basis for its accrual was, which should be understood as the periods during which special contributions were paid for a citizen to his personal account in the FIU.

This responsibility rests with the employer. Since 2015, after another reform, material assets transferred to the PFR have been transferred according to a special formula into special points, the number of which depends, first of all, not on the duration of the work itself, but on the amount of funds transferred directly to the PFR.

Despite the foregoing, it can still be taken into account for calculating a pension, especially for persons who began working before 2002.

It may include certain periods during which a citizen performed duties related to his work activity. In addition, other periods of time should be included here when the employee, being employed, was not engaged in the performance of official duties, but they were counted towards his length of service.

All “working” periods in the chronological period were counted in the OTS. If a citizen's seniority was interrupted, then there was no reset, since from the moment of new employment, the OTC continued to flow further.

Periods that are included in the length of service

The following forms of activity should be included in the period under consideration on a general basis:

Implementation of labor activity

Any official work, regardless of its nature, is included in the OTS. It should be noted that the location of the relevant activity is important. It must be the territory of the Russian Federation.

However in some cases, the FIU may take into account the time spent abroad, for example, in representative offices of Russian state bodies abroad or in the presence of an appropriate international (bilateral) agreement between our country and a foreign state.

Attention! In order for labor activity to be credited, the employee must be officially employed. are not counted.

Disability time

It includes periods when the employee did not perform a labor function due to illness or care for a sick family member, which should have been confirmed by sick leave from a doctor.

Being in MLS

In the case when a citizen was placed in a pre-trial detention center, however, in the future, his criminal prosecution was terminated, then the entire period of stay there is included in the OTS. The same applies to being in the prison after a guilty verdict, if the prisoner was later rehabilitated.

Public Works

In this case, we are not talking about volunteering, but about paid work.

Unemployment

Provided that the citizen was registered with the CZN and had the appropriate official status.

Military service

As well as other structures equated to them.

Maternity leave

Included in both employment and insurance experience.

Baby care

The OTC includes the time of care until the child reaches the age of three years, the insurance one - 1.5 years.

Studying at a university or college

This time was taken into account in the corresponding calculation earlier, but at the moment the training cannot be counted.

What is special work experience

This term should be understood as the total period of labor activity in particularly difficult conditions. This should especially include work in hazardous industries, in adverse climatic conditions. Besides, special experience is calculated and y, and regardless of specialization.

Attention! The periods of time when there was a special experience should have paper facts confirming these facts.

Also has circulation and such a thing as "continuous seniority." It should be understood as a period when a citizen worked continuously. For a long time, the amount of temporary disability benefits, as well as some other payments, depended on this parameter. At present, the fact of continuous working activity is not of legal significance.

How to calculate total work experience

The duration of the employee's OTC is confirmed by such an important document as. If the information contained in it is not entirely complete, then other supporting documents are used, such as:

• contracts;
• orders;
• references;
• pay slips.

The calculation procedure is quite simple. Based on the documents containing the relevant information, it is necessary to find out and write out the start / end dates of the working periods. Then, with an accuracy of one day, the duration of each of them must be determined. After that, the received terms are summed up to the nearest year, month and day. This calculation has been used before.

How is seniority taken into account when calculating a pension?

The basis for the appointment of old-age security is the achievement of the required age. t for women and men respectively. In addition, you must have a sufficient number of pension points. A significant role is also played by the insurance period - the period during which contributions were paid for the employee.

OTS itself does not affect the appointment of a pension. However, given that the vast majority of people who are about to retire, as well as those planning to retire in the coming years, started working earlier than 2002, this is of great importance for them. This is due to the fact that prior to 2002 pension rights were formed solely on the basis of OTC, which will be taken into account when calculating material payments.

Besides, the special working period affects the (early) receipt of pension payments for certain categories of persons.

Reference! After 2002, all citizens are registered in the compulsory pension insurance system, and therefore all the periods that were considered in the article above are counted only in the insurance period.

The duration of the total length of service is not considered by modern Russian legislation as the main factor for calculating old-age payments (with the exception of periods of work before the pension reform of 2002). The pension insurance model suggests other grounds for receiving material support in old age, depending, in addition to the period of employment, on the volume of transfers to the Pension Fund.

Useful video

We offer you to watch a video on how to calculate the length of service until 2002:

In the course of a person performing a labor function, it becomes necessary to calculate the time spent at work. It is necessary to calculate the amount of insurance experience in order to calculate the amount of pension provision, sick leave payments, and the assignment of benefits of a social nature. For all of the above cases, the calculation process is carried out in the same way.

According to legislative acts, all citizens must engage in work of social utility in order to ensure their livelihoods. Employment, officially confirmed, gives a person a certain list of guarantees for receiving compensation for illness, the birth of a child and other circumstances that take place in life.

What is insurance experience

Under the insurance experience is understood the period during which a person performed labor activity. All types of activity are included, including service, author's, production or entrepreneurship. The employee has the right to support from the state in the following periods of life:

• upon the onset retirement age – ;
• registration of disability, regardless of group;
• loss of a person who is the breadwinner of the family.

According to the legislation, pension compensations are assigned to a person in the event that there is a period of time during which contributions were made to the Pension Fund and the social security service. In this case, we are talking about pensions accrued when a person reaches retirement age. It differs for men and women (60 and 55 years respectively). The presence of experience is confirmed by entries made in the work book. For women, it is available, more precisely, the inclusion in the working period of time of caring for a crumb up to 3 years.

Read how to check the correctness of calculating a pension.

How to calculate the pension order

At the federal level, in 2013, an act on insurance pensions was adopted, which fixed new rules regarding the calculation of the amount of insurance pension. At the same time, the concept of labor pension was excluded. The only indicator that has not been adjusted is the age for assigning pensions. Also, the presence of a pension coefficient is considered to be a mandatory condition for receiving a payment.

The value of this indicator is determined annually and depends on what contributions were made to the Pension Fund. Therefore, depending on the year of retirement, specific indicators are applied to the calculation.

The total amount of the pension provision is made up of a fixed amount, consisting of the funded pension, if any, and the cost of the coefficients.

For persons who have at least some insurance experience and have received serious health restrictions, registration is available -.

The legislator determines that 30 days are taken per month for the implementation of activities, a year is equal to 12 months. The calculation of periods is carried out according to the following rules: the date of commencement of work is subtracted from the date of completion of the activity and 1 day is added.

Calculation example

From January 1 to May 22, 2002, C cared for a person recognized as a disabled person of the 1st group. Then, from May 31 of the same year to June 10, 2006, he was employed at Filin CJSC. From July 24, 2006 to May 30, 2017, he worked at Nika. Equal: when caring for a disabled person 4 months and 22 days, work in CJSC "Filin" 4 years and 10 days. Work in the company "Nika" 10 years 10 months and 1 week. The total experience in this case is 15 years, 3 months and 9 days.

What periods does

The following periods are included:

The specified periods are included in the length of service if the employee made insurance contributions after the completion of one of the periods described above.

If we consider the issue of accounting for part-time work, then it is not taken into account, since it implies the presence of a main place of work, which is added to labor activity. When such work continues after the termination of employment at the main place of work, then part-time work will be taken into account.

Workbook accrual

In the laws of the country, even after the event, there are no provisions according to which it is forbidden for a person to have two or more work books. This means that theoretically a person does not have any problems, I work on two jobs. It should be borne in mind that the employer keeps only one book and cannot transfer entries from others into it. If a person works part-time, then, at his request, information about employment and dismissal at the main place of work can be entered in the document.

A person, working on two labor contracts, should keep in mind that by such actions he creates problems for himself, including those related to the calculation of seniority. Employees of the Pension Fund will not count labor and add up the total length of service. One document will be taken into account, which means that you will have to choose one of the books for assigning a pension. For the rest of the activities, it will be necessary to collect certificates from places of employment and archives and submit to the Pension Fund of the Russian Federation.

If the periods of service coincide in the documentation, then only one period at the choice of the employee will be taken into account when calculating it.

The FIU will take into account only one work book, the remaining periods will have to be confirmed by certificates and contracts

How many years of service is needed to receive an old-age insurance pension

To be awarded a pension, you must have a minimum insurance period. For men, this is the age of 60 years, for women it should be 55. Currently, this experience is 9 years. The specified figure will increase by one every year until it reaches the value of 15. This will happen in 2024. If there is a shortage of experience, then the appointment of pension payments is denied. In this case, a person is entitled to only a social type of pension.

Results

• The length of service and pension points are considered as key indicators in determining the order of the size of the pension.
• The rules for how much should be charged are enshrined in legislative acts, for example, in Federal Law No. 400.
• The main point for including a period in the length of service is the deduction of insurance premiums from wages.

In the course of their working life, each person is faced with the need to receive temporary disability benefits, and over the years, to receive an old-age or superannuation pension. Modern legal relations in the field of social security are based on such a concept as seniority, the absence of which deprives the right to receive social benefits.

Dictionary of labor law. Seniority is a certain period (duration) of labor or other socially useful activity, as well as other periods that allow you to exercise the right to social security.

The length of service includes the duration of all labor or other socially useful activities and is determined by documents issued from the place of work, as well as service or study, if they are included in the length of service.

Seniority can also be qualified as a legal fact, as a result of which most pension legal relations arise, as well as legal relations relating to certain types of benefits and social benefits. The length of the work experience largely determines the scope of the applicant's powers to implement one or another regulatory act on social security, including the amount of labor pensions and benefits, as well as other social benefits. The length of service includes the duration of all labor or other socially useful activities and is determined by documents issued from the place of work, as well as service or study, if they are included in the length of service.

The main document for confirming the length of service is the work book, which contains information about the employee, the duties he performs, as well as incentives for success in work (if for some reason there is no work book, extracts from orders can serve as proof of work experience on appointment and dismissal, statements for the issuance of wages, employment contracts, testimonies, etc.).

The concept of total length of service is currently used when calculating a labor pension only to assess the pension rights of insured persons (to determine the amount of the insurance part of a labor pension) and is taken into account for the period up to January 1, 2002.

General work experience

The total work experience is a quantitatively (total) accounted periods of all labor and other social activities, as well as other periods, regardless of whether there were or were not breaks in work or other activities included in the length of service in question. The total length of service as a legal fact is one of the grounds for assigning labor pensions for old age, in case of disability or loss of a breadwinner, as well as for the implementation of some other types of social security.

In pension provision, the total length of service is taken into account when determining the amount of pensions, mainly for working pensioners, according to the rules that were provided for in Art. 16 of the Law of the Russian Federation of November 20, 1990 N 340-1 "On state pensions in the Russian Federation" (lost validity) 10 years ago (that is, until the moment when the option for calculating pensions using the individual coefficient of the pensioner was established). This is the so-called first option for calculating the pension.

The concept of seniority is generalized, since there are the following varieties of it: insurance experience, general and special seniority and continuous experience.

Dictionary of labor law. Continuous work experience is determined by the duration of the last continuous work with one or more employers.

Dictionary of labor law. Special seniority is calculated according to the duration of labor or other socially useful activity in specific conditions. This, for example, work in hazardous industries, in harsh natural and climatic conditions, in areas exposed to radioactive radiation. On the basis of a special length of service, an old-age pension is established in connection with special working conditions, work in the Far North, as well as a seniority pension.

The procedure for calculating the work experience is established by the current legislation, according to which there are general and separate rules for calculating different types of work experience.

The length of service is calculated in calendar order: every 30 days are converted into months, and every 12 months - into full years.

There is, in particular, a list of industries in which work for a full season is counted in the length of service for assigning a pension as for a year of work (peat, logging, fish, fruit and vegetable industry, forestry, etc.).

To qualify for an old-age pension, the length of service for men is 25 years, for women - 20 years. The list of periods of labor and other socially useful activities included in the total length of service is set out in paragraph 3 of Art. thirty federal law dated December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" (as amended on December 27, 2009, hereinafter referred to as the Law on labor pensions).

The total work experience includes:

1) periods of work as a worker, employee (including work for hire outside the territory of the Russian Federation), a member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to mandatory pension insurance; periods of work (service) in the paramilitary guards, special communications agencies or in the mine rescue unit, regardless of its nature; periods of individual labor activity, including in agriculture;

2) periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theatrical figures, as well as writers and artists who are not members of the relevant creative unions;

3) service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs bodies of the Russian Federation, foreign intelligence agencies, federal security service agencies, federal executive authorities , which provide for military service, the former state security bodies of the Russian Federation, as well as in the state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), being in partisan detachments during the period civil war and the Great Patriotic War;

4) periods of temporary disability that began during the period of work, and the period of being on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease;

5) the period of stay in places of detention in excess of the period appointed during the review of the case;

6) periods of receiving unemployment benefits, participation in paid public works, moving to another area in the direction of the employment service and employment.

The calculation of the duration of periods of labor and other socially useful activities included in the total length of service in accordance with this paragraph until January 1, 2002, is carried out in calendar order according to their actual duration, with the exception of periods of work during the full navigational period on water transport and periods work during the full season in organizations of seasonal industries.

Periods of work during a full navigational period in water transport and during a full season in organizations of seasonal industries are included in the total length of service as a full year of work, regardless of the actual duration of these periods.

The following periods are not included in the total length of service:

1) training in colleges, schools and courses for training, advanced training and retraining, in secondary specialized and higher educational institutions, postgraduate, doctoral studies, clinical residency, internship;

2) the stay of citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, aged 16 years and over, in the occupied territory of the USSR or other states, as well as in the territory of states that were at war with the USSR;

3) being in fascist concentration camps during the Great Patriotic War;

4) residence in the city of Leningrad during its blockade (from September 8, 1941 to January 27, 1944);

5) permanent care at the conclusion of a medical institution;

6) the care of a non-working mother for each child under the age of three years and 70 days before his birth;

7) care of parents and other legal representatives of HIV-infected minor children;

8) residence of the wives (husbands) of military servicemen under contract, together with their husbands (wives) in areas where they could not find a job in their specialty due to the lack of employment opportunities;

9) residence abroad of wives (husbands) of employees of Soviet institutions and international organizations.

Periods of work or military service in Afghanistan are counted in the length of service and insurance, depending on the category of insured persons or citizens who are assigned a pension, taking into account the submitted documents, in accordance with the Law on Labor Pensions and Federal Law of December 15, 2001 N 166-FZ " On State Pension Provision in the Russian Federation" (as amended on December 25, 2009, hereinafter referred to as the Law on Pension Provision), Law of the Russian Federation of February 12, 1993 N 4468-1 "On Pension Provision for Persons Who Served in Military Service, Service in Internal Affairs Bodies , the State Fire Service, the authorities for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" (as amended on 09.11.2009).

Studying, including at the university, from 01.01.2002 is not included in the insurance and general work experience.

Insurance experience

The insurance period is calculated on the basis of the duration of the periods of activity during which insurance premiums were paid.

The total length of service is needed to determine whether a person has earned the right to an old-age pension or not. Moreover, it is needed both for the appointment of a pension on a general basis, and on early grounds. The common grounds are reaching the age of 60 for men and 55 for women. For general grounds, insurance experience of at least 5 years is required. Early grounds are the appointment of pensions in connection with harmful working conditions, as well as when working in a number of professions (for example, doctors, teachers, professional rescuers, etc.). For each basis, an insurance special experience of a certain duration is required.

These types of activities include any work under employment contracts, military or civil service, work as an individual entrepreneur, etc. By virtue of paragraph 1 of Art. 10 of the Law on Labor Pensions, the length of service includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in Part 1 of Art. 3 of the same Law, provided that insurance premiums were paid to the Pension Fund of the Russian Federation for these periods.

Example. Resolution of the Constitutional Court of the Russian Federation of 10.07.2007 N 9-P of the provisions of paragraph 1 of Art. 10 of the Law on Labor Pensions are 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 have not been paid in full or in part, in the length of service taken into account when determining the right to a labor pension, and to reduce when appointing (recalculation) of the labor pension, the amount of its insurance part.

Until the federal legislator establishes the appropriate legal regulation The Constitutional Court of the Russian Federation has established a legal mechanism for the implementation of the pension rights of this category of citizens (see the above Resolution).

At the same time, the provisions of clause 1 of this article, to the extent that they fix the unconditional obligation of all insurers (employers) to pay insurance premiums on time and in full, and are aimed at ensuring the normal functioning of the financial system of compulsory pension insurance on the basis of insurance principles and fulfillment of the obligations of the Pension Fund of the Russian Federation to the insured persons are recognized as not contradicting the Constitution of the Russian Federation.

On the application of paragraph 1 of Art. 10 issued by the Determination of the Constitutional Court of the Russian Federation of November 20, 2007 N 798-О-О.

Paragraph 2 of Art. 10 in a systemic relationship with legal provisions fixing the unconditional obligation of all insurers (employers) to pay insurance premiums for their employees in a timely manner and in full, cannot be interpreted as excluding the possibility of offsetting the periods of work of citizens of the Russian Federation employed under an employment contract in positions of a civil personnel of the Armed Forces of the Russian Federation in military units stationed on the territory of foreign states - regardless of whether military units paid insurance premiums to the Pension Fund of the Russian Federation for them during these periods (Determination of the Constitutional Court of the Russian Federation dated 15.01. P).

From January 1, 2007, the amount of benefits for temporary disability, pregnancy and childbirth does not depend on the continuous work experience, as it was before, but on the insurance period. The insurance period is the total duration of the payment of insurance premiums. In accordance with Art. 16 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" (as amended on July 24, 2009, hereinafter - Law N 255-FZ) this experience includes:

Periods of work of the insured person under an employment contract, state civil or municipal service;

Periods of other activities during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood.

The insurance period is calculated in calendar days, and in the event of the coincidence of several periods counted in the insurance period, one of such periods is taken into account at the choice of the insured person.

Relationship between insurance and continuous work experience

It should be noted that Art. 17 of Law N 255-FZ establishes that if the duration of the insurance period for the period before January 1, 2007 turns out to be less than the duration of his continuous work experience used when assigning benefits for the same period, the duration of the continuous work experience is taken as the duration of the insurance period .

Continuous experience may exceed the insurance in a number of cases. So, in accordance with paragraph 8 of the Rules for calculating the continuous length of service of employees when assigning benefits for state social insurance, approved by the Decree of the Council of Ministers of the USSR of 04.13.1973 N 252, and taking into account the provisions of the Letter of the FSS of the Russian Federation of 10.25.2002 N 02-18 / 05-7418 in the continuous work experience, in addition to the time of work, the following were counted:

Service in the Armed Forces of the USSR and the Russian Federation;

Service in the bodies of the KGB of the USSR, the FSB of Russia and the Ministry of Internal Affairs of the USSR and Russia, in the people's militia and partisan detachments, if there is a break between the day of release from service and the day of admission to work or study at a higher or secondary specialized educational institution (including the preparatory department) , to postgraduate study, clinical internship, courses, college or school for advanced training, retraining and training did not exceed three months;

The time of work or work experience in paid jobs and positions during the period of study at a higher or secondary specialized educational institution, stay in graduate school and clinical residency, regardless of the duration of breaks caused by training;

Time of study in schools and schools of vocational education (technical, vocational schools, nautical schools, factory training schools, etc.), if the interval between the day of graduation from the school or school and the day of entry into work did not exceed three months ;

The time of study at courses and schools for advanced training, for retraining and training of personnel, if the direction to courses or school was immediately preceded by work or admission to these courses or school was preceded by service in the Armed Forces of the USSR and the Russian Federation, in the KGB, FSB Russia and the Ministry of Internal Affairs of the USSR and Russia, the people's militia and partisan detachments.

In accordance with Art. 51 Regulations on service in the tax police of the Russian Federation, approved. Decree of the Supreme Council of the Russian Federation of 20.05.1993 N 4991-1 (currently invalidated, except for paragraph 1), employees dismissed from service in the tax police and entered work or study within three months (not counting the time travel to a permanent place of residence in the event of a change), the time of their service in the tax police was counted as a continuous length of service.

Based on Art. 64 of the Regulations on service in the internal affairs bodies of the Russian Federation (approved by Decree of the Supreme Council of the Russian Federation of December 23, 1992 N 4202-1, as amended on December 17, 2009), the time spent by employees in the service of internal affairs bodies was counted in their total and continuous work experience for the following preferential conditions: one year of service for one and a half years of work experience.

According to paragraphs 13, 14 and 16 of the Regulations on the organization of public works, approved. By Decree of the Government of the Russian Federation of July 14, 1997 N 875 (as amended on January 11, 2007), the time during which a citizen takes part in paid public works was counted in the total length of service.

In accordance with paragraph 3 of Art. 10 and paragraph 5 of Art. 23 of the Federal Law of 05/27/1998 N 76-ФЗ "On the Status of Military Personnel" (as amended on 12/25/2009), the time spent by citizens in military service under the contract was counted as continuous work experience at the rate of one day of military service for one day of work, and the time the presence of citizens in military service by conscription - one day of military service for two days of work.

According to Art. 25 of the Federal Law of 05/08/1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation" (as amended on 05/12/2009), the term of office of a deputy is counted in the total and continuous length of service or service life, professional experience. The spouse of a deputy of the State Duma (on the basis of clause 5, article 25 of the said Law), dismissed due to the deputy's relocation to exercise his powers in the State Duma, a break in work is counted in the total continuous length of service (service).

In accordance with Art. 256 of the Labor Code of the Russian Federation, leave for a woman to care for a child until she reaches the age of three years is counted in continuous work experience.

Parental leave is included in the total length of service, but there are also some peculiarities.

In pp. 3 p. 1 art. 11 of the Law on Labor Pensions, it is determined that the total 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, is subject to inclusion in the insurance period.

So, here we are talking exclusively about the parents, and not about other relatives who actually provide care. This period should be counted in the length of service only to one of them, while if part of the vacation was used by the mother of the child, and part by the father, then each of them should be credited with their own part of the vacation. In addition, leave is limited to a maximum limit - until the child reaches one and a half years. Even if a woman cared for more than one child in her life, no more than three years will be counted in total.

Leave to care for a child is included in the special insurance period if it took place before October 6, 1992 (the time when Law of the Russian Federation of September 25, 1992 N 3543-1 came into force, with the adoption of which the said leave ceased to be included in the special length of service in the event granting a pension on preferential terms). Such an explanation was given by the Supreme Court of the Russian Federation in paragraph 15 of the Decree of the Plenum of December 20, 2005 N 25 "On some issues that arose with the courts when considering cases related to the exercise by citizens of the right to labor pensions." If this condition is met, then parental leave is subject to inclusion in the length of service in the specialty, regardless of the time the woman applied for a pension and regardless of the time when the right to an early old-age pension arose.

Maternity leave is included in the special insurance period based on the clarification of the Ministry of Labor and social development of the Russian Federation and the Pension Fund of the Russian Federation (Letter of 04.11.2002 N 7392-YuL/LCh-25-25/10067). This Letter explains that Art. Art. 27 and 28 of the Law on labor pensions are implemented through decrees of the Government of the Russian Federation and other by-laws. The Government of the Russian Federation, by its Decree of July 11, 2002 N 516 (as amended on May 26, 2009), approved the Rules for calculating periods of work giving the right to early appointment of an old-age labor pension (hereinafter referred to as the Rules). According to clause 5 of these Rules, the length of service that gives the right to an early appointment of an old-age labor pension for employees who are constantly engaged in this work for a full working day includes periods of receiving state social insurance benefits during a period of temporary disability, and as well as periods of annual paid leave, including additional ones. Again, strictly speaking, maternity leave does not refer to either temporary disability or annual paid leave. But the Ministry of Labor and the FIU made one assumption in their Letter in favor of employees, based on the fact that maternity leave is granted on the basis of a temporary disability certificate. Therefore, they explained that “the period a woman is on maternity leave should be considered as a period of receiving maternity benefits during a period of temporary incapacity for work and included in the length of service that gives the right to early assignment of an old-age labor pension in accordance with Article 27 and 28 of the Law on Labor Pensions".

In addition, when calculating continuous experience the length of service of citizens of Russia and the CIS who were previously employed in the territory of the following CIS member states was taken into account: Belarus, Kazakhstan, Tajikistan, Kyrgyzstan (according to Article 40 of the Treaty of February 26, 1999 "On the Customs Union and the Common Economic Space").

For these categories of workers, these periods, which were previously included in the continuous length of service, are not included in the length of service. For this reason, they should compare continuous work experience and insurance.

We should not forget about citizens who went to work before January 1, 2007 and were entitled to temporary disability benefits in an amount exceeding the allowance that is currently due under the current standards (as a percentage of average earnings) - now it paid in the same higher amount, as in Art. 17 of Law N 255-ФЗ for these persons, the previously established benefits for the payment of temporary disability benefits in the amount of 100% of earnings, regardless of the length of insurance or work experience, are retained.

The replacement of uninterrupted work experience with insurance experience affected the amount of the benefit, since the insurance experience does not include all periods of work, but only those during which insurance premiums were paid.

Temporary disability benefit is paid in the amount of 100% of earnings - if the insurance period is 8 years or more; in the amount of 80% - with an insurance period of 5 to 8 years; in the amount of 60% - if the insurance period is less than 5 years. Monthly allowance for childcare today is 40% of the average earnings for the last 12 calendar months before going on parental leave.

In the case of caring for a sick child (with outpatient treatment) aged 3 to 15 years, from the 10th calendar day, benefits are paid in the amount of 50% of average earnings.

If the illness or injury occurred within 30 days after the dismissal, then regardless of the length of the insurance period, the benefit is paid in the amount of 60% of the average earnings.

Order of the Ministry of Health and Social Development of Russia dated February 6, 2007 N 91 approved the Rules for calculating and confirming the length of service for determining the amount of benefits for temporary disability, pregnancy and childbirth (as amended on September 11, 2009).

Continuous work experience differs from insurance and special experience in that:

When determining the amount of the pension and the moment of its payment, the continuity of service is not taken into account;

The periods of time during which an able-bodied employee was not engaged in labor activity are limited.

Uninterrupted work experience is preserved if, when moving from one place of work to another, a break in labor activity does not exceed one month. If there is a voluntary dismissal without good reasons, then in order to maintain a continuous work experience, a break in work should not exceed 3 weeks.

Continuous work experience can be maintained if the break in work reaches 2 and 3 months. Upon termination of the employment contract, the length of service is retained for pregnant women and mothers with children under the age of 14 or a disabled child under the age of 16, until the child reaches the specified age.

Regardless of the duration of the break in work, continuous work experience is maintained upon dismissal of one's own free will due to the transfer of one of the spouses to another locality, as well as due to retirement. For employees who quit due to retirement, upon subsequent employment, the duration of a break in the length of service for calculating continuous length of service is not taken into account.

Upon admission to work after the termination of the employment contract, continuous work experience is not preserved due to the commission of guilty acts, for which, according to existing legislation, dismissal from work is provided. Such actions are considered repeated failure to perform labor duties without good reason and a single gross violation of labor duties by an employee. Managers and chief accountants of organizations and enterprises can be fired for causing financial damage to the organization and for making incorrect or illegal financial decisions. Rules for calculating the continuous work experience of employees when assigning benefits for state social insurance, approved. Decree of the Council of Ministers of the USSR of 13.04.1973 N 252, are valid in the part that does not contradict the current legislation.

Military service and seniority

Any service in the army is counted in the total length of service due to the operation of the norm of Part 3, Clause 4, Art. 30 of the Law on labor pensions.

According to the general rules, which are legally defined in Art. 30 of the Law on Labor Pensions, military service is counted in the total length of service in a single amount. According to another calculation formula (the estimate is based on the size of the pension calculated according to the old pension legislation) - in double.

If we are talking about insurance experience, then there are two types of insurance experience - for a labor pension (to determine the right to receive a pension) and for temporary disability benefits (sick leave).

To calculate a pension:

According to the general rules, military service is included in a single amount due to the operation of the norm of Art. 11 of the Law on labor pensions. At the same time, to be included in the length of service, it is necessary that before or after the army (the break between the army and work is unimportant) there was work under an employment contract or other activity in which a person was subject to compulsory pension insurance (for reference, for a regular old-age pension, you only need 5 years of insurance length of service, and for a disability retirement pension, only the fact of work is needed (at the same time, the duration of work itself does not matter));

If a person does not have enough experience to acquire the right to a pension, then military service for the period up to 01/01/2002 should be counted in the insurance period in double size (for example, this follows from the Resolution of the Constitutional Court of the Russian Federation dated 01/29/2004 N 2-P).

For the calculation of temporary disability benefits, military service in the insurance period is included on the basis of the Order of the Ministry of Health and Social Development of Russia dated February 6, 2007 N 91 "On approval of the Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth" (as amended from 09/11/2009).

Bibliography

1. Rogachev D. I. Continuous work experience // Personnel decisions. 2004. No. 11.

They will be useful both in calculating pensions and in matters of temporary disability. The calculation of the length of service just allows you to quickly find the answers you need.

In contact with

Seniority calculator online

Enter the data into the calculator according to your work book and click - Calculate.

Methods for calculating seniority

There are many ways to calculate work experience.

Each of them is convenient and has its own characteristics. Among them:

1. Self calculation. It is carried out on the basis of entries in the work book of the employee, as well as an employment contract or concluded.
2. Calculate using the Internet service. The World Wide Web is filled with various programs that allow you to calculate it. An important attribute of success is the Internet and a device that supports web browsing.

It is worth noting: it is necessary to take into account not only the periods of labor activity at various enterprises indicated in the work book.

The following is also taken into account:

• service in the armed forces and the Ministry of Internal Affairs;
• decree;
• time of receipt of unemployment benefits;
• the period associated with moving to the place of work;
• the time of performing socially useful work;
• the time spent serving the sentence, subject to a verdict of not guilty;
• the time spent caring for a disabled person of the 1st group, as well as for a disabled child or a person requiring constant care.

The calculation procedure looks like this:

1. Write down the days when the work was started and the days when it was completed.
2. Sum the obtained values, resulting in the exact amount of hours worked at each of the places of work.
3. Add up the results obtained by periods.
4. Determine the number of full days, months and years.

Calculation online according to the work book

To calculate the time spent on labor in one place or another, or rather its total value, it does not take much knowledge and time.

Today, this work can be done using various programs and Internet sites.

You need to start the process with the preparation of documents. These include:

• employment history;
• labor contract;
• collective agreement.

You take the dates when you started working at a particular place, as well as the dates of the end of your labor activity, enter it into the calculation programs and get the result online.

Advantages of an online calculator

Currently, this is a really convenient and accessible resource for everyone.

Its undoubted advantages are:

• simplicity;
• lack of special knowledge;
• counting speed;
• automatic mode of operation.

The user is only required to enter the data known to him in special fields, and then click on the "Calculate" button. Further, the calculator will do everything by itself and provide the finished result.

You can use any calculator by entering the "Online seniority calculator" in the search box. Information about it can be obtained on the first pages of the search engine results. You can also use the sites mentioned above.

Conclusion

Having become acquainted with the procedure for calculating the length of service, it can be noted that this can be done both independently and with the help of modern devices. At the same time, there is a clear advantage for the latter. The data necessary for making calculations can be obtained from documents confirming the employee's employment relationship.

Watch the video explaining how to use the seniority calculator:

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