Is study included in work experience?
But there are exceptions!
If a student gets a job while studying under an employment contract, the employer begins to pay insurance premiums for him. The insurance period begins to accrue. Therefore, the time spent studying at a university will be taken into account for calculating pensions if the student officially works under an employment contract. The insurance period is the period of time when a citizen was insured in the Pension Insurance system. During this period, the employer pays mandatory insurance contributions for the employee, from which the citizen’s future pension is formed. This concept is fully disclosed in Art. 10 of the Law “On Pensions” No. 173-FZ.
All about sick leave experience: studying at the institute
Labor relations are an agreement between an employee and an employer (organization or individual entrepreneur) to perform work specified in the contract for payment. During work, the employee is under the management and control of the employer, obeys the internal labor regulations and works in the interests of the employer (Article 15 of the Labor Code of the Russian Federation).
Personnel officers often wonder whether studying at an institute is included in the insurance period for sick leave. It is no secret that sick employees working in an organization under an employment contract are entitled to payment for the period of incapacity for work. Depending on the length of the employee's insurance experience, the amount of payment may vary. As a result, the procedure for calculating total length of service raises numerous questions. One of them: studying at the institute is included in the insurance period for sick leave 2020 or not. We'll talk about this in the material.
Is military service counted towards insurance coverage for sick pay in 2020?
One of these documents is sufficient grounds to make an appropriate note in the work book. Service in the army is included in the insurance period, regardless of who the citizen was during this period (an ordinary soldier, midshipman or warrant officer).
The duration of service, the number and duration of breaks do not play any role. The period of service is included in the insurance period in any case (subject to the availability of supporting documents). Service both under a contract and under conscription is counted, since according to the law “On Military Duty and Military Service” (Article 2 of Law No. 53-FZ), both of these options are considered military service, and therefore are taken into account when calculating hospital benefits.
It is necessary to include full-time study at the institute in the calculation of the insurance period for sick leave payment
Full-time students do not belong to the category of citizens insured in case of illness (Article 2 of the Law of December 29, 2006 No. 255-FZ). During their studies at the institute, insurance premiums are not transferred to the Social Insurance Fund of Russia. During these periods they do not have the right to receive sick leave benefits. Accordingly, there is no reason to take them into account when calculating the length of insurance for the payment of hospital benefits.
In this case, you need to pay attention to the following: if the trade union committee was registered as a legal entity, and the employee was elected as its liberated leader, then if during the specified period the employee received wages for work in the trade union and insurance premiums were paid from the specified amounts, then this period can be take into account in the experience. To verify these circumstances, with the written consent of the employee, you can send a corresponding request to the pension fund. Based on the confirmation of the pension fund, it will be possible to decide whether or not to include the specified period in the employee’s length of service.
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An example of calculating the insurance period for a sheet in 2020
Initial data:
Gonachrov A.I. submitted a certificate of incapacity for work to Minmashstry LLC on March 1, 2020, lasting 15 days.
Labor activity of A. I. Gonachrov:
- 01.02.2003 – 05.02.2005 – OJSC “Spetsmashinburenie”;
- 02/05/2005 – 02/05/2007 – conscript military service;
- 02/05/2007 – 04/17/2010 – LLC SA “Regress”;
- 05/01/2010 to the present day - Minmashstroy LLC.
Calculation:
We calculate the insurance period until 2007 in days:
OJSC "Spetsmashinburenie": 365 - 31 (2003) + 366 (2004) + 31+ 5 (2005) = 736 days.
Conscription service: 365- (31+5) (2005) + 365 (2006). = 694 days.
Total = 694 + 736 = 1430 days.
We determine continuous work experience until 2007:
OJSC "Spetsmashinburenie": 365 - 31 (2003) + 366 (2004) + 31+ 5 (2005) = 736 days.
The gap between the previous place of work and service in the Republic of Armenia is less than 3 months, which means:
In the army: 365 - (31+5) (2005) + 365 (2006). = 694 days.
The service was carried out by conscription, so we multiply the value by 2.
694*2= 1388.
Total = 1388 + 736 = 2144 days.
We compare the values for insurance and continuous experience. The second one is higher, which means we use the value of 2144 days for the period before January 1, 2007
We count the insurance period from 2007 inclusive:
In the army - 5 + 31 = 36 days.
LLC SA "Regress": 365 – 36 = 329 (2007) + 366 (2008) + 365 (2009) + (31+28+31+17) (2010) = 167 days.
Minmashstroy LLC: 365 - (31+28+31+30) = 245 days (2010);
245 + 365 + 366 + 365 + 365 + 365 + 366 + 365 + (31+28) = 2467 days.
2144 + 2467 + 1,167 + 36 = 5,814 days.
We determine the full months: 193.8, that is, 193 months
We determine full years: 193/12=16 years 1 month.
According to the table, the payment will be 100% of average earnings.
Is study included in work experience?
1. The new law cannot infringe on the rights of citizens in the field of pension provision in comparison with the previous norms for calculating pensions. Therefore, in order to understand whether studying at a university, vocational school or technical school is included in the length of service for calculating a pension, first check the date on the diploma - before 2002 or after. And accordingly, use the rules for calculating pensions that were in force at that time.
- served in the army;
- received unemployment benefits;
- received temporary disability benefits;
- looked after a child up to 1.5 years old;
- was detained and was wrongfully imprisoned;
- cared for a disabled person of group 1, a disabled child, a person over 80 years of age;
- lived with a military spouse in a place where there is no work;
- lived with his spouse abroad.
Is military service included in the length of service for calculating sick leave?
There are also women among contract military personnel, so it is necessary to note aspects that are related to pregnancy, childbirth and the period of raising a child.
Thus, the law provides that a maximum period of one and a half years (18 months) will be taken into account, which is documented as parental leave. Such leave can be issued to both the mother and the father. At the same time, in 2020 there were changes in legislation that affected the rules for recording days worked. Previously, continuous experience was a prerequisite, but now general experience occupies the main place. In this way, the Constitutional Court of the Federation equalized the rights of all categories of workers and military personnel.
What is work experience and does work experience include studying at a school or institute?
Pension benefits directly depend on the length of the periods included in the insurance period. The longer the period during which insurance transfers were made to the Pension Fund (PF) of the Russian Federation, the higher the pension will be. Let's consider a rather relevant point: is study included in work experience?
Studying at a university is included in the work experience if the studies take place in an educational institution under the jurisdiction of the Ministry of Internal Affairs or the Ministry of Defense, and a contract has been signed with the cadet. When studying at civilian universities in specialized specialties, study time is also included in the length of service, but under different conditions. Studying at such a university is counted in a ratio of 2 to 1, i.e. 2 months of study are equal to 1 month of service.
General accounting
All representatives of the strong half of the country, after reaching the age of 18, are automatically registered with the military, and only after the 27th birthday can the military ID be returned and all military obligations to the state canceled. As a rule, 90% of conscripts at this age are already officially employed, and therefore the formula for calculating the total length of service for calculating pension benefits together with military service is of interest to all applicants. According to current legislation, it is established that the duration of service is fully included in the total length of service.
The main condition is documentary confirmation of the fact of official employment up to the moment of mobilization, as well as voluntary return to work after arrival from the military unit. If the soldier begins official work after demobilization in less than 12 months, then the service will be considered continuous.
In labor legislation, it is customary to distinguish between three types of length of service, each of which determines its own special conditions for those liable for military service:
- General.
- Insurance.
- Preferential.
Service under a contract, along with general service, is associated with special conditions for performing the work. Such special conditions are the basis for the assignment of various types of benefits, including the possibility of early retirement.
And, it is important to remember that, among other things, the period of serving military service also has a direct bearing on the size of the pension due. That is why this period is also considered when forming the employee’s insurance record.
Calculation of insurance period for sick leave
Studying cannot be considered work activity. After all, no employment contract is concluded between the student and the administration of the educational institution. Relations between these parties are governed by the norms of other laws. There are no grounds for applying the provisions of the Labor Code of the Russian Federation, since students do not receive payment for their work. The administration of the educational institution and the student are not bound by labor relations. They are not an employee and an employer in relation to each other. The only payment is a stipend. But this is not payment for work. The scholarship is an incentive payment. It is not aimed at rewarding work, but at encouraging good study.
During compulsory service in the Armed Forces, soldiers receive wages. Its size is small, but still it is just a salary. Consequently, the accounting department makes contributions to the fund from these funds. This means that the sick leave of a conscript soldier is subject to payment. However, you cannot count on full payment, since the deduction period will be too short.
What documents need to be provided
The period of military service to be included in the length of service should be confirmed, like any other. Documents will be required. The list includes documents confirming military service:
- Military ID, which indicates the unit where the service was served and the period of stay in the army;
- Certificates offered at a military medical institution if an injury was sustained during service or another serious visit to the hospital was noted;
- A diploma indicating graduation from a specialized educational institution - relevant when a man receives a military specialty;
- Certificate of demobilization, which is issued after completion of service.
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The last document must be submitted to the personnel department when applying for employment immediately after the army. Relevant for reinstatement at the job where you worked before. For initial employment, you must provide any of the documents listed above.
Is the period of study included in the insurance period?
The duration of continuous experience is determined in accordance with the relevant rules, which were approved by the Council of Ministers of the USSR back in 1973, and according to these rules, the time of study in higher and secondary institutions was not taken into account when calculating the experience, but it included time of study in various vocational and technical institutions schools and colleges
Pupils and students are not among the citizens who require compulsory social insurance, and therefore the time of study is not included in the insurance period. It is worth noting that from January 1, 2007, the insurance period completely replaced the work experience that was used earlier, and if on that date it turned out that the work experience before January 1, 2007 was greater than the insurance period, it replaced it. But it is worth noting that to determine benefits, length of service was used exclusively in situations where its value exceeded the insurance value.
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What does modern legislation say about this?
The calculation of pension payments in our country is quite confusing. In accordance with the law, there are only 3 types of periods for calculating benefits:
- insurance periods - the time for which contributions were made;
- non-insurance periods included in the calculation - civil service, unemployment registration, child care, etc.;
- non-insurance periods not included in the calculation - all other time, including obtaining education in educational institutions.
Thus, current laws do not allow studies to be included in the insurance period for calculating a pension . However, if at the time of the introduction of such a norm in 2002 a person already had periods previously included in the calculation, they are allowed to be counted when determining length of service.
More information about the procedure for calculating insurance experience can be found here.
IMPORTANT! Studying involves training in vocational education institutions. School is not included here.
Does studying at the institute affect the length of insurance for calculating sick leave or pensions?
While studying at the institute, deductions to funds are not made, so the time spent on education is not included in the calculation. Because of this, this time is not indicated in the work book and students are not entitled to sick leave. The same applies to postgraduate and residency training.
IMPORTANT! If an intern student is admitted to a medical institution under a contract, payments are made for him. This gives the right to issue a certificate of incapacity for work and studying at the institute is included in the insurance period.
In addition, there is another exception - studying at universities of the Ministry of Defense and the Ministry of Internal Affairs is equated to work, and the departments make the necessary payments for students.
Does studying at a vocational school affect
Institutions of secondary vocational education, like most other educational institutions, do not transfer funds to funds for students, therefore, the time of study is not considered insurance and the student is not entitled to sick leave.
Related article: Confirmation and calculation of insurance experience
The only exception can be a situation when a student is officially employed at his school or somewhere else . In this case, he has all the rights of an employed person and has experience studying at a vocational school.
Peculiarities of accounting for studies as part of the length of service for sick pay
It is important for a citizen to give money to the Social Insurance Fund in order to later be able to receive funds during illness, and also be able to get a pension for himself. Now let’s figure out whether studying at a vocational school is included in the insurance period, because this can greatly change the period.
Insurance experience has a slightly different definition. In this case, those time periods when a person made payments to the Social Insurance Fund will be considered. That is why people have a question about whether study is included in the insurance period. After all, there are different situations, and in some cases, while in school, I worked in production.
Is study included in work experience (nuances)
Since 2002, with the entry into force of the Russian Federation Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ, the previously used concept of “work experience” was replaced by the concept of “insurance period”. Study was not included in the periods forming the insurance period (Articles 10 and 11 No. 173-FZ).
However, there is one feature according to which, when calculating the insurance period for the purpose of calculating the amount of the insurance pension, periods of work or other activities carried out before the entry into force of Law No. 400-FZ may be included in the insurance period, provided that at the time of such activity they were taken into account when calculating length of service in accordance with the legislation in force at that time (Part 8, Article 13 of Law No. 400-FZ). For example, the Regulations on the procedure for assigning and paying state pensions, approved by Resolution of the Council of Ministers of the USSR dated August 3, 1972 No. 590 (now inoperative), contained the following norm: training in higher educational institutions, secondary specialized educational institutions (technical schools, pedagogical and medical schools and other institutions), party schools, Soviet party schools, trade union schools, workers' faculties; stay in graduate school, doctoral studies and clinical residency (clause 109 of resolution No. 590). Accordingly, persons whose studies occurred during the validity of this resolution can take this length of service into account when calculating the insurance period for calculating a pension.
Dismissal from service was until 01/01/2007
In this case, the employee’s continuous length of service must be considered. Simple summation of periods of work under an employment contract and the period of military service is not allowed in this case.
This was confirmed to us by the FSS.
FROM AUTHENTIC SOURCES
“The period of military service of the insured person is included in the insurance period for calculating benefits for temporary disability and in connection with maternity. At the same time, when determining the insurance period, it is necessary to compare the citizen’s continuous work experience before January 1, 2007 and his insurance period before January 1, 2007 ., determined in accordance with the Rules. After this, you should choose shu from two values. If the continuous period of service is longer, the duration of the insurance period after January 1 must be added to the obtained duration.
The algorithm for calculating length of service will be as follows.
STEP 1. Determine the duration of the employee’s continuous work experience as of 01/01/2007.
STEP 2. We determine the duration of the employee’s insurance period as of 01/01/2007, that is, without including military and equivalent service that took place before 01/01/2007.
STEP 3. We compare the duration of the employee’s continuous work experience as of 01/01/2007 with his insurance record:
- The employee’s continuous work experience as of 01/01/2007 is greater than his insurance period, then:
- continuous work experience as of 01/01/2007 is less than or equal to the employee’s insurance service (this is possible only if military service before 01/01/2007 was not included in the continuous work experience as of 01/01/2007 due to a break in such service), then:
This is important to know: Is sick leave included in the preferential period?
This was confirmed to us by the FSS.
FROM AUTHENTIC SOURCES
“If the continuous work experience as of 01/01/2007 is less than the insurance period, then the period of military service before January 1, 2007 and the duration of the insurance period after January 1 must be added to the obtained length of continuous work experience
ILYUKHINA Tatyana Mitrofanovna FSS RF
Let's look at specific examples of calculating the duration of sick leave.
Example. Calculation of length of service for benefits if the continuous length of service as of 01/01/2007 is greater than the insurance period
/ condition / I.I. Ivanov has been working under an employment contract from 03/01/2006 to the present. Prior to this, on January 31, 2006, he retired from military service. The length of military service at the time of dismissal was 10 years. April 1, 2014 I.I. Ivanov was issued a certificate of temporary incapacity for work due to illness.
/ solution / The algorithm for determining the duration of an employee’s “sick leave” is as follows.
STEP 1. Determine the length of continuous service of the employee as of 01/01/2007. It is 10 years and 10 months (10 years of military service (which are included in the continuous length of service as of 01/01/2007) + 10 months (from March 1 to December 31, 2006) of work under an employment contract until 01/01/2007).
STEP 2. Determine the duration of the employee’s insurance period as of 01/01/2007. She leaves 10 months (from March 1 to December 31, work under an employment contract until 01/01/2007).
STEP 3. Compare the calculated indicators. The length of the employee's continuous service is greater than his insurance period as of the same date. Therefore, we calculate the duration of the employee’s insurance period at the time of the onset of temporary disability using formula (1). It is 18 years and 1 month (10 years and 10 months of continuous experience + 7 years and 3 months (from 01/01/2007 to 03/31/2014) of work under an employment contract after 01/01/2007).
Example. Calculation of length of service for benefits if the continuous length of service as of 01/01/2007 is less than the insurance period
/ condition / A.N. Petrov has been working under an employment contract from 03/01/2006 to the present. Prior to this, on December 31, 2004, he retired from military service. Immediately before military service, he worked under an employment contract for 2 months. The length of military service at the time of dismissal was 10 years. April 1, 2014 A.N. Petrov was issued a certificate of temporary incapacity for work due to illness.
/ decision / The length of service for benefits is determined as follows.
STEP 1. Determine the length of continuous service of the employee as of 01/01/2007. It is 10 months (from March 1 to December 31, work under an employment contract until 01/01/2007. And 10 years of military service and 2 months of work under an employment contract immediately before military service are not included in the continuous length of service as of 01/01/2007, since more than a year passed between leaving the service and starting work).
STEP 2. Determine the duration of the employee’s insurance period as of 01/01/2007. It is 1 year (2 months of work immediately before military service + 10 months of work (from March 1 to December 31, 2006) after dismissal from service until 01/01/2007).
STEP 3. Compare the calculated indicators. The length of an employee’s continuous service as of 01/01/2007 is less than his insurance period as of the same date. Therefore, we calculate the duration of the employee’s insurance period at the time of the onset of temporary disability using formula (2). It is 18 years and 1 month (10 months of continuous service (from March 1 to December 31, 2006) as of 01/01/2007 + 10 years of military service until 01/01/2007 + 7 years and 3 months (from 01/01/2007 to 03/31/2014 - work under an employment contract after 01/01/2007)).
Do not forget that in the line “Insurance period” of the temporary disability certificate, military service before January 1, 2007 does not need to be indicated as a non-insurance period. In the example under consideration, it will look like this.
(1) Indicate the employee’s insurance length, including the period of military service until 01/01/2007.
(2) Just leave these cells blank.
