Inclusion of educational leave in the preferential length of service. Are regular vacations included in the benefit period? How to calculate preferential service

The specific duration of additional allowance for harmful effects is established employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions. Excluded periods Be that as it may, in any case, the duration of the said leave depends on the “harmful” length of service of the employee. At the same time, in Article 121 Labor Code(hereinafter referred to as the Labor Code) it only says that the length of service that gives the right to “harmful” leave includes only the time actually worked under appropriate conditions. Nothing is said here about any excluded periods. However, it is obvious that it directly follows from this norm that it is necessary to exclude all periods when the employee was not actually exposed to harmful working conditions. Such periods include the period of his illness, vacation, maternity leave, etc. We count the “harmful” days of work...

What is included in harmful experience?

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  • Along with the actual work in a special seniority includes periods of temporary disability and annual paid leave, including additional ones, as well as periods of disability of groups I and II due to injury associated with production or occupational disease. Thanks for the answer!

Do you have an answer to this question? You can leave it by clicking on the Reply button Similar questions Are days of attending courses included in the length of service that gives the right to early appointment pensions.

Calculation of the number of days of leave for harmful working conditions

Crimea expired, No. 12015

  1. On violations during special assessment, No. 21
  2. Workwear: all about issuance, accounting and write-off, No. 16
  3. The results of the special assessment can be checked, No. 9
  4. Conducting a special assessment of workplaces: hurry without haste, No. 4
  1. "Emergency" on work injury, No. 21
  2. Results of the special assessment: we come to an agreement with the employee, No. 19
  3. Non-harmful instructions on vacations “for harmfulness”, No. 19
  4. Special rating: the commission has the final say, No. 18
  5. Special assessment will help reduce costs, No. 16
  6. Working clothes and milk - based on the results of a special assessment, No. 13
  7. We carry out a special assessment at the expense of the Social Insurance Fund, No. 13
  8. Special rating: simply about complex things, No. 12
  9. Compensation “for harmfulness” before and after a special assessment of working conditions, No. 7
  10. There are almost 5 years for a special assessment of office jobs, No. 6

Non-harmful instructions for vacations “for harmfulness”

The second list, which is also given below, allows early retirement for male persons who have reached the age of 55 years if they have worked in the corresponding position for 12.5 years, and their total experience was 25 years old. Female persons can retire early if they have worked in an industry included in the second list for 10 years, and their total experience is at least 20 years. In addition, the age of a woman who decides to take early retirement must be at least 50 years old.


Harmful work experience - lists 1 and 2 It was said above that there are 2 lists that list areas of activity. By working in them for a certain time, a person deserves the right to receive a pension for harmful work experience, as well as the opportunity to retire earlier than employees in other industries.

Additional leave for harmful activities

E.A. Shapoval, lawyer, PhD. n. Additional paid leave for work in harmful and (or) dangerous working conditions (leave for harmfulness), as well as the main leave, must be provided to the employee annually. And not necessarily together with the main one. Let's see what periods are included in the “harmful” leave period and how to calculate the number of days of “harmful” leave. What to include in “harmful” vacation experience In “harmful” vacation experience, only the time actually worked in harmful and (or) dangerous working conditions is included.
121 Labor Code of the Russian Federation. For workers who are engaged in work specified in the List of hazardous industries. By Decree of the State Labor Committee of the USSR, the Presidium of the All-Russian Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, p. 12 Instructions, approved.
Moreover, until now, precisely on the basis of this “rejected” norm, only those days on which the employee was actually employed during the “harmful” length of service were counted. harmful conditions at least half of the working day established for employees of a given production, workshop, profession or position. Thus, now “harmful” experience needs to be defined in a new way. First of all, we look at the List of “harmful” professions, for the use of which the Instructions were approved. If the employee’s profession is named in this List and there is a postscript “permanently employed” or “permanently working”, then we consider the days when the employee devoted a full day to this work to be “harmful”. If there is no such clarification for the employee’s profession, then the “harmful” length of service should include all days when the employee was engaged in “harmful” work.
It doesn’t matter whether he was “mischievous” more or less than half-time.

Is annual leave included in harmful service?

Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 No. 273/P-20 (hereinafter referred to as the Instructions):

  • <еслив Списке вредных производств в отношении должности (профессии) работника есть запись «постоянно занятый» или «постоянно работающий» - дни, в которые работник фактически был занят во вредных условиях полный рабочий день;
  • <еслитакой записи в Списке нет - дни, в которые работник был занят во вредных условиях не менее половины рабочего дня.

What is included in the length of service for leave “for harmfulness” for employees whose positions (professions) are not listed in the List of hazardous industries? FROM AUTHORITATIVE SOURCES KOVYAZIN Nina Zaurbekovna Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia “In accordance with Art. 121 of the Labor Code of the Russian Federation, “harmful” leave is granted for the time actually worked.

Additional rest is provided for the year worked on the basis of a special assessment of jobs, which will confirm the harmfulness of work. The results of the certification are applied from the moment the job is created until the next assessment. The day of creation is the day the employee is hired for this position, provided that he works the entire shift under special conditions.


A working year is considered to be a 12-month interval from the date of employment of a person. A day is considered fully worked in hazardous conditions if the worker has worked in these conditions for more than ½ of the work shift. If an employee has worked under harmful conditions for less than a full year, the duration of leave is calculated in proportion to the time worked under special conditions.
If a special assessment is carried out in the middle of the year, then leave for harmfulness is granted in proportion to the duration of the conditions of the previous certification and for the remaining period, after the next one.

Attention

In a similar manner, “harmful” days should be considered for employees whose professions are not named in the said List, but their jobs are recognized as “harmful” based on the results of a special assessment of working conditions. ...and reduce them to full months. The number of full months of work in hazardous conditions is determined according to paragraph 10 of the Instructions, which is still in force. And he instructs us to calculate the number of full months of work in hazardous conditions by dividing the total number of days of “harmful” work during the year by the average monthly number of working days. The remaining days that are less than half the average monthly number of working days are excluded from the calculation, and the remaining days that are half or more than the average monthly number of working days are rounded up to a full month.

The second list includes people engaged in activities such as:

  • Parachutists.
  • Psychologists.
  • Theater, ballet or circus artists.
  • School directors.
  • Teachers.
  • Defectologists.
  • Pilots.
  • Speech therapists.
  • Pharmaceutical factory workers.
  • Doctors.
  • Food and light industry workers.
  • Transport workers (air, sea, urban and railway).
  • Workers in such sectors of the economy as communications.
  • Workers working in glass production.
  • Geologists.
  • Workers of agrochemical services for agriculture.

Both lists have the right to “preferential” retirement. But the first list will be exactly the list of professions that are called “harmful”. Read more about what preferential seniority is here.

) include the following types of leave:

Is it included in work experience?

Based on the year and for what period the woman cared for the child born, its duration, which is included in the pension period, also depends.

  • Since 2015 (when the norms of the federal law of the Russian Federation “On Insurance Pensions” came into force), the insurance period includes both the time before and after the birth of a child, as well as the care of one of the parents for up to 1.5 years. However, the maximum duration of this period, which is included in the length of service, is six years (clause 1 of Article 12 of the law).

    • Reference! When, for example, five children are born, when calculating the pension, not 7.5 years will be taken into account (1.5 years on leave * 5 children), but only 6 years.

  • In 2002-2014, similar rules were in force, but within the framework of the federal law “On Labor Pensions”. At that time, the maximum period that was included in the length of service for a pension was 4.5 years (clause 1 of Article 11).

    Thus, when five children are born, the period will not be 7.5 years (1.5 years * 5 children), but only 4.5 years.

  • The longest total duration of the period of maternity leave included in the length of service is 9 years.

Is it included in the teaching experience for calculating a preferential pension?

In accordance with the same law on insurance pensions (), before the age of 55, female teachers who have worked in institutions for children for at least 25 years can retire. However, the Labor Code of the Russian Federation (part five of Article 256) stipulates that the period of care is not taken into account when calculating the pension early.

There is an exception: if the time of care fell before October 6, 1992, then maternity leave is included in the calculations for receiving a pension before the retirement age established by law.

Thus, if you are a teacher and were on maternity leave until October 1992, then you are required to take this leave into account when retiring on preferential terms.

Calculation features

Since 2015, points accrued both for periods of work and for parental leave after their birth are used to calculate pensions.

Thus, for each year of maternity leave with the first child, 1.8 points will be applied, 3.6 points with the second child, 5.4 with the third and (or) fourth children. Again, no more than 6 years will be taken into account in the total amount.

If it was an incomplete year, then the following coefficients are used for calculations:

  • for each month - based on 1/12 of the coefficient for the full year;
  • for each day – 1/360 of a year.

How to properly arrange child care time?

Each employee leaving the workplace on maternity leave must promptly:

  1. Issue a certificate of incapacity for work. If a woman wants to work longer in an organization, then this is permissible, taking into account her filling out an application in the HR department addressed to the employer.
  2. To process care payments, the application addressed to the manager must be in writing.
  3. Maternity leave and care leave are processed directly by the employer. He also submits to the Social Insurance Fund the necessary documents to receive benefits and payments due for exemption from work due to pregnancy.

Attention! To be on the safe side, a woman has the right to review her work book at any time to ensure that the periods of maternity leave are completely and correctly recorded in it.

Conclusion

Thus, when preparing to go on maternity leave, a woman should be more careful when preparing her documents. If there are any doubts about the correctness, completeness and accuracy of the data reflected in her work book by her superiors, she has the right to double-check the correctness of the registration.

In addition, when deciding on the length of the period to care for her child, a woman should proceed not only from the possible length of service for retirement, but also from the need for her children at such an early age.

Degtyareva A.G.(01/13/2017 at 11:23:31)

Hello! In relation to your question, let me explain the following:

On October 6, 1992, amendments were made to the then-current Labor Code of the RSFSR. dated September 25, 1992 “On Amendments and Additions to the Labor Code of the RSFSR” amended Art. 167 Labor Code of the RSFSR; Part 5 of this article is stated in the following wording: “counts into the general and continuous work experience, as well as into the length of service in the specialty (except for cases on preferential terms).”

The above Law of September 25, 1992 came into force on October 6, 1992, before that time Art. 167 of the Labor Code of the RSFSR did not contain a clause excluding the inclusion of parental leave in the length of service for the purpose of granting a pension on preferential terms.

Article 167 of the Labor Code of the RSFSR (as amended in force until 06.10.1992) provided for inclusion without retention until the child reaches the age of one year in the general and continuous experience, as well as in the work experience in the specialty.

The calculation of length of service in the relevant types of work occurs according to the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516.

The special length of service directly includes periods of work that give the right to early assignment of a labor pension, periods of receiving state benefits during a period of temporary disability, as well as periods of annual paid leave.

In addition, the special length of service of all preferential categories of workers includes leave to care for a child upon reaching the age of 1.5 and three years, which took place before October 6, 1992 (before the entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543 -1 “On introducing amendments and additions to the Labor Code of the Russian Federation”). Thus, in accordance with the legislation of the Russian Federation, as of October 5, 1992, the period of parental leave was included in the special length of service.

Periods of being on parental leave are subject to inclusion in the length of service in the specialty upon early assignment of a pension if these periods occurred before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 "On Amendments and Additions to the Code labor laws of the Russian Federation", with the adoption of which the named period ceased to be included in the special length of service in the case of a pension on preferential terms), regardless of the time of application for a pension and the time when the right to early assignment of an old-age pension arose.

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Preferential work experience provides advantages for receiving an early pension, as well as preferential benefits. Law of the Russian Federation No. 173 identifies categories of citizens entitled to preferential calculation of length of service. These include:

  • Women who have given birth to 5 or more children;
  • Mothers of congenital disabilities raising children until they reach adulthood;
  • Having given birth to 2 children and having worked in the Far North for the period established by law;
  • Visually impaired;
  • Lilliputians;
  • 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 length of service.

Under what conditions is preferential length of service granted?

The condition for early retirement is permanent employment, taking into account full-time work in the positions specified in the list. When combining professions, the conditions and nature of the work are taken into account. This fact is confirmed by the work orders performed.

Documents required to confirm preferential length of service

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

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

Entries must correspond to 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 hired or transferred is entered in the work book with a note about the order or a record of the transfer. In accordance with the Unified Tariff Qualification Directory, the name of the profession is established, depending on the nature of the work performed. Any discrepancy with this reference book promises serious problems with.

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

The following documents can serve as confirmation:

  1. Order for employment;
  2. Company structure;
  3. Staffing table;
  4. An order to secure a position in a specific area.

Every year, to resolve this issue, the enterprise administration must approve the names of professions and positions entitled to 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 preferential service?

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

  • Vacation periods (main 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 production exposure to adverse factors (the job is equal to the previous one);
  • The transfer of an employee due to production necessity for a period of no more than 1 month, within a year, into working conditions that do not give the right to preferential seniority, is equivalent to his main place of work;
  • Maternity leave provided that the woman has accumulated enough experience to qualify for an early retirement pension, taking into account maternity leave.

The preferential length of service does not include:

  • Leave granted on the basis of law to take exams upon admission;
  • Leave without pay;
  • Temporary suspensions from work for the following reasons:
    • If the employee does not undergo a mandatory medical examination;
    • Showing up at work while intoxicated;
    • Downtime is not due to the fault of the employer or the worker;
    • When identifying medical contraindications for performing this work.

To find out the preferential length of service, you should contact the Pension Fund at your place of residence, providing: a passport, work book, pension insurance certificate, certificate of employment, military ID. Taking into account periods of work and work in conditions harmful to health, pension fund employees will help clarify the nuances regarding the preferential pension.

Dear Victor. This document terminates the employment contract with my grandmother (you can request a refund). In this case, you need to indicate it on the receipt. As part of enforcement proceedings, you have the right to go to court and challenge the payment in court, and the writ of execution on the basis of Art. 1109 Civil Code of the Russian Federation, Art. Art. 119, 93 and 107 Code of Criminal Procedure of the Russian Federation
Article 45. Levy of execution on the property of spouses
1. For the obligations of one of the spouses, recovery may be applied only to the property of this spouse. If this property is insufficient, the creditor has the right to demand the allocation of the share of the debtor spouse, which would be due to the debtor spouse during the division of the common property of the spouses, in order to foreclose on it. 2. Execution is applied to 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 establishes that everything received for the obligations of one of the spouses was used for the needs of the family. If this property is insufficient, the spouses bear joint liability for these obligations with the property of each of them.
If a court verdict establishes that the common property of the spouses was acquired or increased from funds obtained by one of the spouses through criminal means, the penalty may be applied to the common property of the spouses or to a part of it, respectively.
3. The liability of spouses for damage caused by their minor children is determined by civil law. In accordance with Part 2 of Art. 65 of the RF IC, parents have the right to enter into a written agreement on the procedure for the exercise of parental rights by a parent living separately from the child.
If the parents cannot come to an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner established by civil procedural legislation, the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the procedure for the exercise of parental rights for the period before the court decision enters into legal force.
3. In case of failure to comply with a court decision, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
4. A parent living separately from the child has the right to receive information about his child from educational institutions, medical organizations, social welfare 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.