Seniority
The duration of work or any other socially useful activity is called seniority. It is on the basis of work experience that a citizen receives the right to regular annual leave, pensions and disability benefits. Also, at some enterprises, salaries are calculated according to length of service. All data about him is entered into the work book, which is the main document confirming his experience.
Kinds
Currently, according to the law, there are 3 types of seniority. The classification is made in accordance with legal facts, the emergence of which allows the legislation to divide into several types of social security.
The following types of work experience are distinguished:
- Insurance work experience. Everything is quite simple here. The total duration of work activity during which insurance contributions to the Pension Fund were regularly paid is taken into account. The required minimum period of this experience is five years, only then can you apply for a pension. The absence of such a period of insurance coverage will deprive you of pension payments in old age. Also, the insurance period can be the basis for early retirement.
- Continuous work experience. This is the time spent working for one organization. Also, length of service in different organizations is considered continuous, but when changing jobs, the break should be no more than a month. With a long continuous length of service, the benefit paid in connection with temporary incapacity increases. Bonuses and payments based on work results for a certain period of time also completely depend on this type of experience.
- Special work experience. This type of work experience is different in that accounting occurs within the framework of a specific work activity. A long-service pension, a salary supplement for long service, a pension due to special working conditions are the results of long-term special work experience.
Calculation
Depending on the specialty and place of work, experience may be accrued differently. In the absence of special conditions, seniority is accrued on a calendar basis. However, there are exceptions here too.
Calculation of experience in:
- One and a half size. This calculation applies to citizens exposed to radiation during work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant. Military personnel are excluded.
- Double size. Here, work experience in leper colonies or other institutions for combating dangerous epidemics, as well as military service, is taken into account.
- Triple size. Service in the active army, period of treatment and rehabilitation of post-war injuries.
When is service considered interrupted?
As a general rule, work experience is interrupted if, after dismissal from a previous place of work, a citizen does not enter into a new employment contract with the previous or new employer within a month.
It should be noted that at present this circumstance does not in any way affect the size of the pension that will be assigned upon retirement.
However, continuity of work experience has an impact on a citizen’s future employment. For example, to obtain a certificate to practice law, continuous work experience in the field of law is important. The same requirements are put forward to applicants for the position of judge.
In addition, continuity of work experience has a significant impact on the occupation of a number of highly paid positions.
Is the length of service included in the period of registration at the labor exchange?
What is included in work experience
On the Internet you can often see various questions tormenting the population. One of the most common questions is: “What will ultimately be counted towards my experience?”
Well, in addition to periods of work, or any other useful activity provided for by law, the length of service also includes:
- Time to care for children under one and a half years old.
- Period of receiving social insurance benefits.
- Military service.
- Period of receiving unemployment benefits.
- Training related to employee development.
- Industrial practice, if it is paid.
If you are experiencing difficulties with finding a job, you should definitely join the labor exchange, and you will be credited with work experience. Many, unfortunately, neglect this opportunity.
How was it calculated?
Periods of work without breaks were calculated quite simply. To do this, it was necessary, using the employee’s work book, to calculate how long he worked at a given place of work.
It should be taken into account that in expressly defined cases, continuity was maintained even at the moment when the employee quit his previous place of work, but before the expiration of the relevant period he was again employed in another place. For different categories of workers and in different situations, this period ranged from two to three months . So, for example, a person dismissed due to a reduction in the organization’s staff could count on maintaining his seniority if he was employed before the expiration of three months from that moment.
Attention! In the event of termination of the employment relationship, which was initiated by the employee himself, the continuous period was maintained if the citizen found employment within 3 weeks (4 weeks for a valid and significant reason).
In addition, when calculating it, certain periods were taken into account when the citizen was not directly engaged in labor activity.
These include:
- training in specialized secondary, vocational and higher education programs, but only in cases where more than three months have not passed since graduation from the educational institution, and before the start of studies the citizen had work experience;
- service in the Armed Forces and structures equivalent to the army;
- forced absenteeism due to the fault of the employer;
- paid internship while studying in educational institutions.
This list is not completely exhaustive.
For clarity, an example should be given:
Below are the periods of work of citizen Ivanov.
- In the period from 04/01/2002 to 04/01/2003, he worked at Vector LLC as a general worker.
- From 04/02/2003 to 04/02/2005 – compulsory military service.
- From 05.05.2005 to 31.12.2006, he worked at Chance LLC as a slinger.
Accordingly, all the periods presented above are included in continuous service, since military service is not a basis for its termination, and more than 3 months have not passed since demobilization and until new employment. From January 1, 2007, continuous service ceased to be taken into account as the basis for calculating sick leave and pension payments.
Calculation of continuous work experience
To maintain continuous experience you need to know some rules. According to the law, when changing jobs, continuous work experience can be maintained if the break is no more than a month. When leaving at your own request, the break should not exceed 3 weeks. You can re-use the right to dismiss at your own request only after 12 months. Otherwise, the internship will be interrupted. The exception is if there is a good reason.
It is also possible to maintain continuous service even after a break of 2 months, but only in the following cases:
- In the event that the previous place of work was located in the Far North.
- In the event that the previous place of work was a representative office of a Russian organization abroad.
- In the event that a citizen entering work is a migrant from countries with which the Russian Federation has concluded agreements on social security.
You can maintain continuous work experience with a break of 3 months:
- If the reason for dismissal from your previous job was a reduction in staff or reorganization of the enterprise.
- If the reason for dismissal from your previous job was a disability or injury that resulted in temporary incapacity for work.
- If the reason for dismissal from the previous place of work was the identification of a discrepancy between the state of health and the position held.
Continuous work experience is maintained during any break in work, provided that:
- The reason for voluntary dismissal from a previous job was the transfer of a spouse to work in another area.
- The reason for dismissal from the previous place of work was the fact of retirement.
The period of continuous service is interrupted upon dismissal in the following cases:
- When executing a court sentence that makes it impossible to continue working in the organization where the convicted person is employed (detention for a long period, community service, etc.)
- Violation by an employee of the terms of an employment contract.
- At the request of the trade union.
- Consumption of alcoholic beverages in the workplace, absenteeism, appearing drunk.
- Fraud, theft.
- Committing an immoral act when working with children.
- Violation of disciplinary rules established in the organization.
- Neglect of any other rules, failure to comply with which entails dismissal in accordance with the law.
There are also some cases of providing an unlimited break between work. They usually concern military personnel who have been in hot spots, as well as close relatives of seriously ill children.
How many years were considered continuous? Is it necessary for a pension?
Continuous service should be understood as the period during which the employee worked without significant breaks in work. This concept was enshrined in Soviet law, and also existed in Russian labor legislation.
However, in 2006, the Constitutional Court of the Russian Federation issued an act according to which the relevant Soviet norms were declared to have lost their legal force, and continuous experience itself was no longer taken into account. This was due to the fact that this instrument contradicted the Constitution and the norms of the current labor legislation.
Before the relevant determination was made by the Constitutional Court, the continuous period of work was applied in the following cases:
- To calculate benefits for temporary disability . The direct amount of benefits received on the basis of sick leave depended on the continuous period of work. The smaller it is, the correspondingly less amount of benefits the employee could count on.
- To calculate pension . Previously, an additional payment was accrued for continuous service. This was represented by certain preferences when assigning pensions to citizens.
It is also useful to read: Increase in pension after 50 years of service
Conditions of retirement
Everyone knows perfectly well what an old-age pension is. Every month, without fail, every pensioner receives the money they deserve from the state. The only condition for receiving these payments is the presence of the necessary length of service, as determined by law. Having reached a certain age (age is determined by gender), every citizen of the Russian Federation who has fulfilled the conditions has the right to pension payments.
So what are these conditions?
- Age. It is worth noting that the retirement age, under normal working conditions, for women reaches 55 years old, and for men 60. Under difficult conditions, 50 for women, 55 for men.
- Seniority. The total work experience must be 20 years for women, 25 for men.
- Insurance. According to the law of the Russian Federation, a person applying for pension payments must be insured under the program “On Compulsory Pension Insurance.” But we should also not forget that the reform introduced in 2015 allows citizens to decide for themselves when to retire.
Minimum work experience
To qualify for pension payments in the amount of the subsistence minimum, you must have at least 5 years of work experience.
However, a new reform introduced this year aims to gradually increase the minimum work experience to 15 years. Thus, by 2024, the minimum insurance period of each citizen applying for pension payments will have to be at least 15 years.
At the moment, pensioners retiring will already need 6 years of experience. Pensioners who retired before January 1, 2015 will not be affected by this rule.
The minimum length of service also includes:
- For women, the minimum insurance period may include up to 2 maternity and child care leaves, but not more than one and a half years each.
- Men are given credit for military service.
Thus, you can freely calculate the size of your future pension by checking the current information on the cost of living.
What it is?
Until the early 2000s, the law interpreted NTS (continuous work experience) as periods of permanent employment of a citizen (if the intervals between leaving and entering a new place of work do not exceed the period established by law).
Continuous work experience in the USSR was an important indicator. This method was widely used to reduce staff turnover in enterprises . The size of retirement payments (until 2002) and sick leave payments (until 2007) depended on it.
In addition, many employers provided employees with paid vouchers .
In the early 2000s, the Constitutional Court of the Russian Federation excluded the concept of “continuous service” from circulation. However, some industries still use it. At many enterprises, they depend on it:
- duration of vacation;
- length of service;
- the amount of salary bonuses;
- amount of temporary disability benefit.
Many commercial companies and healthcare institutions use NTS to assign bonuses to employees .
Officially, according to the Labor Code of the Russian Federation, continuity of service does not affect anything.
Pensions
To summarize, you need to remember that since 2015 there are 2 types of pensions:
- Funded pension. The calculation takes into account funds from the pension fund that were accumulated through payments of insurance premiums. Contributions are paid by the employer throughout the entire period of work from each transfer of funds in favor of the employee.
- Insurance pension. Completely depends on experience.
Pension reform has raised many questions this year. But there is no need to worry, the transition to the new order was carried out as smoothly as possible, and without consequences for those who were already retired at the time of the reform. The basic provisions remained unchanged, only the minimum length of service required to receive a pension was increased. It will be many more years before the new pension system works 100%.