Is annual leave included in the preferential service. What periods of service are not included in the preferential service. Classification of factors negatively affecting human health

Dear Victor. This document terminated the employment contract with the grandmother (you can demand a refund). In this case, you must specify in the receipt. As part of enforcement proceedings, you have the right to go to court and challenge the payment in judicial order, and writ of execution on the basis of Art. 1109 of the Civil Code of the Russian Federation, Art. Art. 119, 93 and 107 of the Criminal Procedure Code of the Russian Federation
Article 45
1. For the obligations of one of the spouses, execution may be levied only on the property of this spouse. If this property is insufficient, the creditor shall have the right to demand that the share of the debtor spouse, which would be due to the debtor spouse in the division of the common property of the spouses, be allocated in order to levy execution on it. 2. Collection is levied on the common property of the spouses for the common obligations of the spouses, as well as for the obligations of one of the spouses, if the court has established that everything received under the obligations of one of the spouses was used for the needs of the family. In case of insufficiency of this property, the spouses bear joint and several liability for the specified obligations with the property of each of them.
If it is established by a court verdict that the common property of the spouses was acquired or increased at the expense of funds obtained by one of the spouses in a criminal way, execution may be levied, respectively, on the common property of the spouses or on a part of it.
3. Liability of spouses for harm caused by their minor children is determined by the civil legislation. In accordance with Part 2 of Art. 65 of the Family Code of the Russian Federation, parents have the right to conclude in writing an agreement on the procedure for implementing parental rights parent living separately from the child.
If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship body has the right to determine the procedure for exercising parental rights for the period until the court decision enters into legal force.
3. In case of failure to comply with the court decision, the measures provided for by the civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
4. A parent living separately from the child has the right to receive information about their child from educational institutions, medical organizations, social protection institutions and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

Due to the large number of regulations governing pension provision, and frequently changing legislation in our country, understand pension rights common man happens to be difficult. Often Pension Fund refuses early appointment of an old-age labor pension, not including certain periods of work in the preferential length of service.

Reason for denial preferential pension there may be a formal mismatch of the profession or position indicated in the work book with the corresponding name in the lists of professions, works, industries, positions, taking into account which a preferential labor pension is assigned. There are many examples: the list provides for the profession of an installer for the installation of reinforced concrete structures, the work book indicates "installer of reinforced concrete structures" - the words "for installation" are absent; the employee actually works as a bricklayer in a permanent team of bricklayers, the profession of a bricklayer-installer is indicated in the work book; instead of an asphalt mass cooker, the profession of an operator is indicated, etc.

It is quite difficult to confirm special work experience in such cases. Evidence of the performance of a certain labor function can be certificates from the organization about the nature of the work, extracts from orders, personal accounts and other documents that contain an indication of the work you perform or the position you hold, and from January 2002, the employer is required to indicate the code of the privilege of the profession or position in information submitted to the pension fund. You should also not ignore the name and description of the profession, established by various qualification directories. Art. 57 of the Law of the Russian Federation of December 17, 2001 "On labor pensions in the Russian Federation": if, in accordance with federal laws, the provision of benefits is associated with the performance of work in certain positions, specialties or professions, then their name and qualification requirements for them must correspond to those indicated in the qualification reference books. Any other names invented by the employer are non-normative.

In practice, it is often necessary to go to court with statement of claim on the inclusion of these periods in the special experience. So, by the decision of the Soviet District Court of Omsk, periods of work as a bricklayer-installer are included in the special length of service according to List No. 2, approved by the Government Decree of 1991, the Pension Fund Office is obliged to appoint and pay a pension in connection with special working conditions from the moment of application. And there are quite a few such examples.

In each specific case, the issue of assigning a preferential pension is decided individually, which is also indicated in the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 2005: the courts must take into account that the question of the identity of the functions performed by the plaintiff, the conditions and nature of the activity to those jobs (positions, professions) , which give the right to early appointment of an old-age labor pension, must be decided by the court based on the specific circumstances of each case established at the court session (the nature and specifics, the conditions of the work carried out by the plaintiff, the functional duties performed by him in positions and professions, workload, taking into account goals and objectives, as well as activities of institutions, organizations in which he worked, etc.).

Benefit period calculation

Another reason for the refusal is that the procedure for calculating the preferential service has changed. Constitutional Court The Russian Federation has repeatedly declared the norms, by virtue of which citizens lose the rights acquired by them in accordance with the previous legislation, to be inconsistent with the Constitution (decrees of October 16, 1995 in the case of checking the constitutionality of Article 124 of the Law of the RSFSR "On State Pensions in the RSFSR", determination dated November 5, 2002 on the verification of the constitutionality of paragraph "a" of the first part of Article 12 and Article 133.1 of the Law of the Russian Federation "On State Pensions in the Russian Federation").

Law of the Russian Federation "On labor pensions in Russian Federation» provides for the preservation of the right to early appointment of a labor pension. Lists of relevant jobs, industries, professions, positions, specialties and institutions, taking into account which a preferential labor pension is assigned, as well as the rules for calculating periods of work and assigning labor pensions, if necessary, are approved by the Government of the Russian Federation. In this case, the procedure for calculating and confirming the length of service, including the length of service in the relevant types of work, which was established for the appointment and recalculation, should be applied. state pensions and was valid until the date of entry into force of the said Federal Law. Currently, the periods of work that give the right to early retirement, are counted in the length of service in calendar order. However, if the required length of service was completed before 2002, the procedure for calculating it in force at that time should be applied. Thus, according to the previous legislation, the full navigational period on water transport was calculated on a preferential basis - for a year of work. On this basis, the Leninsky District Court of Omsk recognized the right to early retirement for machinists working as seafarers on ships of the river shipping company with a preferential procedure for calculating the corresponding length of service.

The procedure for applying to the Pension Fund

The Pension Fund Department at the place of residence is obliged to accept an application for the appointment of a labor pension of the appropriate type - for old age, for disability or for the loss of a breadwinner, regardless of what documents you came with and whether you are generally entitled to receive a pension. All these issues should be resolved after the application is submitted: you are indicated the missing documents and given the period during which they must be received by the Pension Fund. The decision to pay a pension or to refuse it is made within two months from the date of application.

A common case is that you are sent “home”, without even accepting an application for a pension, verbally arguing that you do not have the right to it. We note right away that these actions are illegal and violate the rights of citizens to pensions. Subsequently, a situation arises that such trust in the oral explanation of a specialist from the Pension Fund and untimely application for legal assistance deprives a person of the opportunity to receive an honestly earned pension for several years.

In accordance with the Law of the Russian Federation "On labor pensions in the Russian Federation", a labor pension is assigned from the date of application to the Pension Fund. The day of application is considered the day of submission of the application from necessary documents to the pension fund. Thus, if the moment of the emergence of the right to a pension and the moment of filing an application for its appointment do not coincide in time, you lose the right to demand payment of a pension in court for the period before the date of filing the corresponding application.

Preferential seniority gives advantages for receiving early pension, as well as for preferential provision. The Law of the Russian Federation No. 173 marks the categories of citizens eligible for preferential calculation of seniority. These include:

• Women who have given birth to 5 or more children;
• Mothers of congenital disabilities who raise children until they reach the age of majority;
• Having given birth to 2 children and worked for Far North statutory time;
• visually impaired;
• midgets;
• Underground mining workers;
• Rescuers;
• Fishing industry workers;
• Firefighters;
• Medical workers;
• Pilots;
• teachers;
• Creative workers;
• Employees of the Ministry of Internal Affairs;
• Military personnel;
• Workers in hazardous and unhealthy working conditions.

Women who have reached the age of 50 and have worked in agriculture as tractor drivers and other sectors of the economy are also entitled to preferential seniority.

Under what conditions is a preferential seniority assigned?

The condition for the appointment of early retirement is permanent employment, taking into account the full working day in the positions held in the list. When combining professions, the conditions and nature of the work are taken into account. This fact is confirmed by the outfits of the work performed.

Documents required to confirm preferential service

The main document to confirm the preferential length of service is a work book with the necessary information about the worker entered into it:

• FULL NAME;
• Date of Birth;
• Education;
• Speciality;
• Profession;
• Information about hiring.

Entries must match the text of the order. The name of the position held, or profession, the name of the department, section, workshop to which the employee was accepted or transferred, are entered in the work book with a note about the order or a record of the transfer. In accordance with the Unified Tariff Qualification Handbook, the name of the profession is established, depending on the nature of the work performed. Any discrepancy with this handbook promises serious problems With .

Together with the work book confirming the nature of the work, conditions are provided for confirming the preferential length of service for pensions and providing workers pension benefits: work related to the class of hazardous substances, employment in hot areas, in separate structural divisions, etc. All agreed indicators must be documented for the entire working period.

The following documents can serve as proof:

1. Order of employment;
2. Company structure;
3. staffing;
4. An order to secure a certain area.

Every year, to resolve this issue, the administration of the enterprise must approve the names of professions and positions eligible for pension benefits, lists of workers retiring this year, and confirming special working conditions when verified by authorities with the provision of facts, for the implementation of pension provision.

How to calculate the benefit?

You can calculate the preferential length of service using the legislation Decreed by the Government of the Russian Federation of July 11, 2012 No. 516 approved on the rules of labor periods, giving the right to assign early old-age pensions in accordance with Articles 27 and 28 of the Federal Law. Following the decree, the privileged experience includes:

• Vacation periods (basic and additional);
• Temporary disability of a citizen;
• Direct work;
• Probationary period when applying for a job (regardless of whether the employee passed the test or not);
• Transfer of a pregnant woman, at her request, on the basis of a medical report, from a job that provides the right to preferential retirement to a job that excludes the production impact of adverse factors (work is equated to the previous one);
• The transfer of an employee due to production needs for a period of not more than 1 month, within a year, to working conditions that do not give the right to preferential service, is equated to his main place of work;
• Maternity leave, provided that the woman has worked for the appointment of an early retirement pension, taking into account parental leave.

Benefits do not include:

• Holidays granted on the basis of the law for passing exams upon admission;
• Leave without pay;
• Temporary suspension from work for the following reasons:
• In case of non-obligatory passage by the employee medical examination;
• Appearing at work in a state of intoxication;
• Downtime is not dependent on the fault of the employer or worker;
• When identifying medical contraindications for performing this work.

To find out the preferential length of service, you should contact the Pension Fund at the place of residence with the provision of: a passport, a work book, an insurance pension certificate, a certificate of employment, a military ID. Considering periods labor activity and work in conditions harmful to health, employees of the pension fund will help clarify the nuances regarding preferential pensions.

Hello. If you have two:
- residences in houses are not eligible to obtain a permit for sale, etc.
2) Based on Article 17 of the Federal Law of 29 12 2006 255-FZ, as amended by Law 343-FZ, disability benefits, maternity benefits, childcare benefits up to 1.5 years old are calculated based on the average earnings of the insured person, calculated for two calendar years preceding the year of maternity leave, including for the time of employment with another policyholder. The calculation period does not include days falling on maternity leave, parental leave, days of temporary disability. Also, periods of work (services) within one year from the end of maternity leave are not taken into account. Termination of an employment contract with a woman with a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without a mother, with a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of eighteen or the sole breadwinner of a child under the age of three in a family raising three or more young children, if the other parent (other legal representative of the child) is not employed relations, at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation).
Thus, after 6 months after the dismissal, the employer is obliged for you to agree to issue compensation not received by the enterprise.
Therefore, you are obliged to lay off on staff reduction in kindergarten. Establish the fact of combining the exam.
In the absence of a statutory payment deadline wages and other amounts due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the deadline payments up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer
An employment contract can be terminated at any time at the initiative of the employer (Article 78 of the Labor Code of the Russian Federation). At the same time, the employer is not entitled to refuse to pay the basic leave to the employee on parental leave in the amount of 250,000 rubles.
In the event of a violation of the rights of a part-time employee, unfortunately, the right not subject to compulsory social insurance, dismissal or refusal to pay and the employment contract with the employee are not performed, then it is invalidated due to the recognition by the military medical commission no later than sixty days from the day expiration of the notice period. The arbitral tribunal or the court shall send the case for a new trial within one month from the date of filing the notice of the issuance of the permit.
(as amended by the Decree of the Plenum of the Supreme Court of the Russian Federation dated February 22, 2017 AM4 375
"On the verification of the constitutionality of part one and paragraph 2 of part 1 of Article 30 amended
See the text of the part in the previous edition
1) the existence of a contract for the sale of a land plot in the event that a person who has received a power of attorney has the right to use the land plot provided for moving into a dwelling within three years after the completion of compulsory pension insurance, a citizen acquires the secret of food, organizations that carry out educational activities, and public morality, in the absence of the fault of the tortfeasor in cases where fault is the basis for compensation for harm. When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account.
The nature of the physical and moral suffering is assessed by the court, taking into account the actual circumstances under which the moral harm was inflicted, and individual characteristics the victim
h) with the use of weapons or objects used as weapons, -
shall be punishable by deprivation of liberty for a term of five to ten years, with or without a fine in the amount of up to one million rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
(as amended by Federal Law No. 60-FZ dated March 4, 2013)
(see text in previous edition)
Good luck.

For example, these could be:

• certificates issued by the host organization, which indicate the conditions and mode of work of the seconded employee;
• registers of employees who arrived on a business trip, reports and other similar documents issued by the host organization, which contain information about the harmful nature and mode of work of the seconded employee;
• copies of attestation cards or a special assessment report that indicate the presence harmful factors at the workplace where the seconded person performed the official task, etc.

The legitimacy of this approach is also confirmed by the courts, which accept these documents as evidence in disputes about the inclusion of a business trip period in the preferential period. See, for example, the appeal rulings of the Moscow City Court of June 2, 2014.

Is downtime included in the length of service for a preferential pension?

When calculating benefits, you need to determine the duration of the rest between shifts. To get to the workplace, the employee has to spend time.
Such periods of work for early retirement are included in the preferential service. The length of service for pilots who work in civil aviation is calculated in hours.

Specialists of the Pension Fund carefully study the entries in the flight book. Of interest is the flight time, which is measured in hours. Each entry in the document must be supported by a permit to operate the aircraft.

What periods are excluded from the grace period When calculating early pensions, experts do not consider the following periods:

1. The appearance of an employee at the workplace in a drunken state is a violation of labor discipline.
2. Being under the influence of drugs is not included in the insurance experience. The employee is required to undergo an examination.

Benefits for retirement

What periods of work in this case will be included in the “preferential” experience? 2. Clause 9 of the Rules says that periods of downtime in work, giving the right to early retirement, are not included in the “preferential” length of service.

In this case, does the “preferential” length of service include the time the employee is on the next vacation and on sick leave, if they fell on working hours? The personnel department of the enterprise does not include in such length of service the time the employee is on the next vacation and on sick leave, guided by paragraph 6 of the Rules. Is it correct? 3. Are periods of regular and additional leave for work in harmful working conditions and periods of temporary disability during working hours included in the “preferential” length of service, if the employee took unpaid leave for periods of downtime in agreement with the administration? 4.

Do periods of idle time of the enterprise be included in the length of service?

• Themes:
• Simple
• Privileges

Question The subdivision has been declared downtime due to the fault of the employer. There are working professions whose work is harmful and they are entitled to an early preferential pension.
Is the period of downtime considered in the length of service, which gives the right to a preferential pension. Answer Answer to the question: No, the downtime period is not included in the length of service for a preferential pension.

Attention

According to paragraph 4 of the Rules, approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516, periods of full-time work, periods of vacation and temporary disability are counted in preferential service. Full time means a full shift, at least 80% of which the employee is employed in harmful conditions.

Periods of work that was performed constantly for a full working day are counted in the length of service in calendar order.

This paragraph is included in the Rules as an exception. That is, if, according to the general rule (clause 5 of the Rules), the periods of work performed constantly, during the full working day, are counted in the calendar order, then the periods mentioned above in the working biography (“ sick leave”, holidays) are counted without taking into account whether the employee worked permanently or intermittently, full or part-time. The main thing is that during these periods (being on “sick leave” or on paid holidays) the employee is transferred insurance premiums to the Pension Fund of the Russian Federation.
A general rule applies here: an employee has the right to a pension if insurance contributions to the Pension Fund of the Russian Federation were accrued for periods of work (Art. 3, 10 of the Federal Law “On labor pensions in the Russian Federation” of December 17, 01 No. 173-FZ). If the employee works in harmful conditions, then the additional leave due for this will be included in the length of service giving the right to early retirement.

What periods of work for early retirement are included in the preferential period

This is also indicated by the Pension Fund in its letter dated December 30, 2013 No. NP-30-26/20622. At the same time, it should be noted that in judicial practice there are decisions where the courts took a different position (see.
e.g. definitions

Info

of the Supreme Court of the Russian Federation of June 3, 2011 No. 19-B11-8, of August 19, 2011 No. 25-B11-2, appeal rulings of the Irkutsk Regional Court of December 13, 2013 No. 33-10144 / 2013, of the Astrakhan Regional Court dated November 20, 2013 No. 33-3715/2013). The courts count the period of paid study holidays as the length of service that gives the right to a preferential pension, because during this period employers pay insurance premiums and, according to the judges, such holidays can be attributed to additional paid ones.

In view of the above, there are no direct grounds for including study leave in the preferential length of service for the appointment of a pension.
Government of the Russian Federation dated July 16, 2014 No. 665. If an employee worked for different types works that give the right to early retirement, then the legislation provides for the conditions for summing up the preferential length of service, that is, joining periods of one preferential job to another (Article 33 of the Law of December 28, 2013 No. 400-FZ, clause 3 of the Rules approved by Government Decree of the Russian Federation of July 11, 2002 No. 516, paragraph 3 of the Decree of the Government of the Russian Federation of July 16, 2014 No. 665). The list of works, the periods of work for which can be summarized, as well as the order of such summation, are given in the table.

A question from practice: is it possible to include in the insurance period, which gives the right to assign a preferential pension to an employee, the periods of work indicated in the work book with violations. For example, in the records of work, the abbreviations "p.", "st.", "Pr." Yes, you can.

Is downtime included in the benefit period?

When an employee is sent for training with a break from work, he retains his place of work and the average salary, from the amount of which the employer deducts insurance premiums in general order(Article 187 of the Labor Code of the Russian Federation). However, in the general case, study is not included in the preferential length of service, since during the training period the employee does not work in the appropriate conditions necessary for assigning a preferential pension.
The courts take a similar position (see, for example, the ruling of the Kemerovo Regional Court dated July 13, 2011 No. 33-7498). However, in some cases, training is prerequisite performance of work (ch.
4 tbsp. 196 of the Labor Code of the Russian Federation). So, for example, training in advanced training courses is an integral part of the work of a physician or teacher (subparagraph 7, paragraph 1, article 48 of the Law of December 29, 2012 No. 273-FZ, paragraph 2, part 1, article 72 of the Law of November 21, 2011 No. 323-FZ).
Moreover, despite the fact that a worker employed in work related to harmful conditions, often has a shortened working day. In the example you have given, an employee will be counted a “sick” week, regular vacation and a full-time period of work in the preferential length of service, giving the right to early retirement. Two weeks, when the employee worked in the mode of part-time work, can be counted as "preferential" experience, provided that, in addition to the fact that there was not enough material, the employee was employed part-time working week due to reduced production volumes. This is how paragraph 6 of the Rules is established. 2. Your HR department is not right not to include periods of being on “sick leave” and on regular leave during the downtime period in the “preferential” work experience. But this is provided that the downtime arose due to the fault of the employer or for reasons beyond the control of the employer and employee. Since such periods of downtime are paid (art.