Does part-time work count towards seniority?
If there is a question about early assignment of an old-age pension, then only the period of full-time work is included in the special length of service. The same applies to the calculation of special length of service for the “northern” pension. The fact that you will work half-time, in terms of length of service, will not disadvantage you in any way; everything is fine with this matter. The only thing you lose in this case and what is not profitable at all is how much you will earn, since you will be paid at least half as much. Important The main thing for everything to work is that the work is official, that is, according to labor. You can rest assured. A part-time job (0.5) counts towards seniority, just like a full-time job (1.0). Moreover, such work (at 0.5) is included both in your work experience and in your insurance. In theory, according to the law, it should be included in the work experience, but everyone still knows that our favorite enterprises where we work.
For example, pedagogical. Continuity of experience Continuous experience is considered to be the time a citizen works at one or more enterprises, provided that the break between dismissal and employment did not exceed a period of 30 to 90 calendar days. For each specific case, this period differs depending on the circumstances.
Previously, with continuous work at one or several enterprises, one could count on a higher pension, but today, with the introduction of new laws, only the amount of contributions made during work is taken into account. Pension if there is no experience A complete lack of experience or the minimum established by law leads to the fact that a person is deprived of the right to receive an insurance pension.
But this does not mean that the citizen in this case will be left without state support. Such persons are assigned a social pension.
Liveinternetliveinternet
Unfortunately, I don’t know the labor code very well; I’m familiar with the articles concerning labor benefits for parents of disabled children, but there are no explanations about length of service. The question is the following: is there an order that the length of service is taken into account for employment only at 1 rate, or, after all, at 0.75 rates? It turns out to be completely illogical: if I quit my job due to caring for my child and register everything necessary with the Pension Fund, the experience is good for me, but if I have the opportunity to work with the same disabled child at 0.5 times the rate, there is no experience. I still can’t understand, or they don’t explain it to me well, the following. If I ask for part-time work with payment for the time actually worked, does this require “linking” to part of the rate (0.25; 0.5; 0.75; 1)? Or you can take a stack with a note that only this number of hours have been worked, because... Am I the mother of a disabled child? Best regards, Maria.
Since the amount of wages for a particular month affects the wage coefficient of the insured person, having received a smaller wage, the employee may ultimately have a smaller pension. However, low wages for individual months, including due to part-time work, have a fairly insignificant effect on the amount of wages for pension purposes. Much more important are the indicators of average wages in Ukraine, which influence both the wage coefficients of the insured person and the amount of wages for the purpose of assigning a pension in general.
But they do not depend on the activities of a particular employee. At the same time, according to Part 3 of Art.
Does part-time work count towards insurance coverage?
Loading...Does part-time work count towards seniority?
- Work experience includes both full-time and half-time work. That is, when working part-time, you will be entrusted with a certain amount of work, which you will have to complete in half the working time and for half the payment. The main condition is that the employer transfers contributions to the pension fund. But there is a small nuance. If there is a question about early assignment of an old-age pension, then only the period of full-time work is included in the special length of service. The same applies to the calculation of special length of service for quot; northernquot; pensions.
- In theory, according to the law, it should be included in the work experience, but everyone still knows that our favorite enterprises where we work.
- Part-time work also counts toward seniority as does full-time work.
Insurance experience
To correctly calculate the year of insurance coverage. Check out the information below. Insurance experience is considered to be the time of a person’s working activity for which insurance premiums were accrued and paid to the Pension Fund. The accumulation of insurance experience began in 2001.
To correctly calculate your own insurance period you need to have the following documents :
- Work book.
- All contracts with printed employee data (both passport and contact details), his position and company data and, of course, a seal. If some documents were lost, they can be completely restored (by interviewing witnesses and collecting facts).
According to the law, when a person reaches his retirement age, in order to receive a pension he must have a minimum insurance period , which for 2020 is eight years.
If this is not enough, the Pension Fund refuses to pay pensions. It remains only possible to pay social pensions, the retirement age for which is 65 years for men and 60 years for women. And every year the required length of insurance coverage to receive a pension will increase by one year, up to 15 years, which it will reach in 2024.
How will part-time work be taken into account in the length of service for retirement?
Work experience is considered the same, and the rights that a person working part-time enjoys are the same as those of “one-timers.” Only, as far as I know, “hot” work experience can only be earned full-time. For example, a part-time teacher does not increase his teaching experience. Part-time work also counts toward seniority as does full-time work. The employer is also obliged to pay contributions to the Pension Fund and provide annual paid leave in full. Work experience includes both full-time and half-time work.
That is, when working part-time, you will be entrusted with a certain amount of work, which you will have to complete in half the working time and for half the payment. The main condition is that the employer transfers contributions to the pension fund.
But there is a small nuance.
Conclusion
The procedure for calculating the length of service for a pension when working part-time depends on whether the employee applies for early retirement “for harmfulness” or not. If he works under normal conditions, then work on a reduced schedule is included in the “standard” length of service without any restrictions. The only condition will be the transfer of pension contributions by the employer.
If the work takes place under special conditions and the person plans to retire early, the situation will be different. “Harmful” work experience with a workload of less than 80% of the standard working hours does not give the right to reduce the age of retirement.
If you find an error, please select a piece of text and press Ctrl+Enter.
Order a legal consultation Lawyer topics: Inheritance Housing. Real estate. Earth Family. Marriage. Children Biography: Graduated from the Faculty of Law of St. Petersburg State University. I live in St. Petersburg. Private practicing lawyer. I specialize in the field of inheritance, housing, and family law. Comments: August 22 00:23 Hello! You do not indicate the position you hold in a government agency, and this may also have a significant role in answering your question. 1. As for the total insurance period for assigning a pension, the rate does not matter. What matters is the amount of deductions, and as a fact, the amount of earnings. But if you have the right to early retirement, such a condition as part-time work may be important. So, teachers: In general, teachers’ work experience is counted (clause
Part-time and pensionable experience
The basic rules governing pension provision are set out in Law No. 400-FZ “On Insurance Pensions”.
In particular, Art. 8 of this document indicates the presence of insurance experience as one of the necessary conditions for granting a pension.
The conditions for including periods of work in the insurance period are reflected in clause 1 of Art. 11 of Law No. 400-FZ. To do this, it is necessary that the work activity is carried out on the territory of the Russian Federation, and that the employer pays contributions to the Pension Fund for these periods.
How to register
This article was published on the website zakon-dostupno dot ru.
If you are posting this article on another site, then it has been stolen. The registration procedure corresponds to the standard scheme of interaction between the employee and management and the services involved in personnel matters.
Before you begin registration, you should discuss how to place a 0.5 bet:
- The moment of transition to a new schedule.
- Choice of part-time (up to 4 hours at ½ rate) or working week (with additional days off).
When working part-time on maternity leave, they often prefer the part-time option, when parents and relatives share the responsibilities of caring for the baby by day of the week.
The scheme of actions when switching to part-time is presented below:
- Discussion of employment conditions in the new schedule. It should be borne in mind that during this period of work, an employee is unlikely to be able to count on career growth, and in the event of layoffs, he falls into the “first wave” if the law does not provide protection due to the presence of young children or other social status.
- The employee writes a statement according to the sample provided by the personnel service. The application addressed to the manager states a request to be enrolled part-time in a specific position. The document is signed and dated.
- After receiving a management visa, the application is transferred to the personnel department to prepare the appropriate order and receive the necessary personal papers from those applying for a job at the enterprise. The order reflects the name of the position, the amount of earnings, the regime, and the date of enrollment. If necessary, include some special conditions for the performance of duties.
- When drawing up the contract, the inclusion of mandatory clauses is taken into account. After signing, one copy remains with the employee, the second is stored at the enterprise.
Mandatory details include the following items:
- General points describing the conditions of employment, features of the working day, work and rest hours.
- Employee rights.
- Responsibilities under the contract.
- Terms of payroll.
- Description of the conditions for carrying out work activities (including hazardous types of work).
- Information about the signatories - the employer and the employee signing the document.
If necessary, the clauses of the contract are supplemented based on the specifics of employment. The main thing is that the introduced points do not contradict the basic norms of civil and labor legislation.
Download
Example of a part-time employment contract (99.5 KiB, 115 hits)
How does the size of your pension depend on your length of service?
The work of a chief nurse, regardless of the time when this work was performed, is counted towards the length of service provided that it is performed under normal or reduced working hours. In the case where the work was carried out part-time (the combined work must be related to the protection of public health) during part-time work, the period of its performance is counted towards the length of service if, as a result of summing up the employment (volume of work) in these positions (institutions), a normal or reduced working hours in the amount of full time for one of the positions. The Pension Fund of the Russian Federation refused to grant an early pension? Trust our lawyers to restore your right to a preferential pension! At your service: calculating length of service and drawing up claims to the Pension Fund online. If you live in
Remuneration during a business trip: practical situations
Therefore, earnings for days of business travel, paid on the basis of daily wages, are included in the calculation of average earnings.
Should I take into account the indexation amount when paying for business trip days? The employee departed for a business trip on October 8 at 4:25 p.m., and arrived on October 11 at 12:10 p.m., as evidenced by the time and date on the transport tickets provided by the employee.
Part-time work (summary)-2
- the introduction of part-time work must be reported to the employment service authorities within 3 working days after the decision is made to carry out the relevant measures - the employee must be notified in writing about upcoming changes no later than 2 months in advance. 48. Part-time work is not a basis for restricting an employee’s right to rest.
Even when working several hours a day, the employee must be given days off.
How does it affect experience?
An important issue that concerns an employee is how longevity is considered for pension purposes, because the work is not being done to the fullest extent. Newly hired employees who are concerned about whether employment at ½ rate affects their length of service should be reassured. The period of work is necessarily included in the length of service when it comes to the basic pension.
To understand whether such employment is included and how part-time work affects length of service, it is important to distinguish between general experience and special experience. In case of early retirement, special experience will only include full-time work. “Northern” experience is calculated similarly.
Does your work experience count if you work part-time in hazardous conditions?
A special situation is when an employee acquires the right to early retirement.
The conditions for such an exit are provided for in Art. 30 of Law No. 400-FZ. We are talking about work in harmful, dangerous conditions or work activities associated with increased tension.
Paragraph 5 of the Explanation approved by the resolution of the Ministry of Labor of the Russian Federation says that the right to preferential length of service for early retirement arises only when working in appropriate working conditions on a full-time basis. In this case, a full day means performing work for at least 80% of the working time.
Thus, for employees working in hazardous industries part-time, this period of work will only form “ordinary” length of service, but will not give the right to early retirement.
Subscribe to news
A letter to confirm your subscription has been sent to the e-mail you specified.
16 October 2020 13:25
For the last two years I have been working as a cleaner at a part-time 0.5 rate. Will this period be included in the northern experience?
E. Mongush, Kyzyl
Violetta Kechil-ool, Deputy Head of the Department for Assignment and Payment of Pensions of the Public Pension Fund for the Republic of Tyva, answers:
Northern length of service includes periods of work performed continuously, full-time, subject to payment of insurance contributions to the Russian Pension Fund.
The period of work at an incomplete 0.5 rate will not be included in the northern length of service, since the condition for the early assignment of an old-age insurance pension to citizens working in the northern territories - permanent full-time employment - has not been met.
A full working day means performing work in conditions of at least 80 percent of the working time of 100 percent of the working time established by the labor legislation of the Russian Federation.
At the same time, pension legislation provides for the possibility of summing up work in different organizations on a part-time basis, if such work was performed in the conditions of the Far North (in the regions of the Far North or in areas equivalent to them). In other words, if during the same period a person worked at 0.5 times the rate in different organizations, then this period can be counted towards the northern work experience.
Periods of work in the regions of the Far North or equivalent areas are subject to mandatory confirmation by primary documents to clarify the fact of accrual and payment of insurance contributions to the Pension Fund of Russia, the size of the regional coefficient, as well as permanent employment at work during a full working day.
IT IS IMPORTANT TO KNOW! The full-time requirement does not apply to periods of work prior to July 23, 2002. Before the entry into force of the Decree of the Government of the Russian Federation of July 11, 2002 No. 516 “On approval of the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, in in accordance with which a requirement was introduced to compulsorily perform full-time work at a full-time rate.
Example 1. Citizen A., born in 1968. worked at a school in Kyzyl as a technical technician at 0.5 rate from 09/01/2015. to 03/31/2016, and also worked as a nanny at 0.5 rate in a kindergarten in the period from 12/01/2015. until March 31, 2016
Since citizen A.’s work took place in an area equated to the regions of the Far North after July 23, 2002, the northern work experience requirement is for permanent full-time employment, that is, at a full 1.0 rate. Citizen A. worked both at school and in kindergarten at a part-time 0.5 rate, therefore, the period of work in both organizations is not counted towards the northern length of service, since the condition of permanent full-time employment was not met
At the same time, it is possible to sum up the incomplete 0.5 rate for school and the incomplete 0.5 rate for kindergarten for the period from December 1, 2015. until March 31, 2016 in the amount of the full 1.0 rate (0.5 st. +0.5 st.), because Citizen A.’s work took place during the same period.
Part-time work and seniority
Attention An exception to this rule is the work as a primary school teacher in general educational institutions (schools of all types, lyceum, gymnasium, education center, cadet school, Suvorov Military School, Nakhimov Naval School, Cadet Corps, Naval Cadet Corps), teachers located in rural areas of general education schools of all types (with the exception of evening (shift) and open (shift) general education schools) is included in the work experience, regardless of the volume of the teaching load performed. For medical workers, according to the legislation of the Russian Federation, periods of work in positions and institutions giving the right to early retirement, starting from November 1, 1999, are counted towards the length of service provided that it is performed in normal or reduced working hours.
Part-time mode
The legal basis for working on a reduced schedule is established by Art. 93 Labor Code of the Russian Federation. It provides that the parties to an employment contract may include a part-time clause.
In general, the final decision to transfer an employee to a shortened schedule is made by the employer. But there are a number of categories of employees for whom employers are obliged, at their request, to establish a part-time working schedule:
- Pregnant women.
- One of the parents (guardians) of a child under 14 years of age or a disabled child under 18 years of age.
- Persons caring for a sick family member. The need for care in this case must be confirmed by a medical report.
The Labor Code of the Russian Federation prohibits restricting part-time workers in their labor rights. But the procedure for assigning pensions is regulated by a separate section of law. Let's consider how short-time work is taken into account from the point of view of pension legislation.
Reducing the working day by even one hour is considered incomplete time
The Labor Code of the Russian Federation does not explain what the length of working time should be in order to be considered incomplete. It only establishes its types - part-time, part-time work week, or a combination of these types (Article 93 of the Labor Code of the Russian Federation). Therefore, working time is incomplete if its duration is less than normal. For example, a 39-hour work week instead of a 40-hour work week, or a 4-day work week instead of a 5-day work week.
However, there is a risk that employees of the Federal Social Insurance Fund of Russia may not offset the costs of paying benefits if the employee works only an hour less than normal per week. In their opinion, the employer is obliged to reduce the duration of daily work by at least 2 hours. For example, set an employee to a 6-hour working day with a 5-day working week. Only then will the working time be incomplete (letter from the Federal Social Insurance Fund of Russia dated March 22, 2010 No. 02-03-13/08-2498).
Officials refer to clause 8 of the Regulations, approved.
Resolution of the State Labor Committee of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51 (hereinafter referred to as Regulation No. 111/8-51). It stipulates that it is necessary to reduce the number of hours of daily work. But, according to the courts, Regulation No. 111/8-51 contradicts the Labor Code of the Russian Federation. Judicial practice
During the period of children's leave, the employee worked 7 hours 50 minutes a day. The FSS branch of Russia considered that such a working day is not incomplete (clause 8 of Regulation No. 111/8-51). Therefore, it did not reimburse the employer for the benefits paid to the employee. The court came to a different conclusion. He explained that the Labor Code of the Russian Federation does not establish a maximum duration of part-time work. This means that clause 8 of Regulation No. 111/8-51 contradicts the Labor Code of the Russian Federation. As a result, the court ordered the department to reimburse the employer for benefits (ruling of the Ninth Arbitration Court of Appeal dated July 13, 2011 in case No. A36-430/2011). Thus, the Federal Social Insurance Fund of Russia is obliged to reimburse the employer for the benefits paid to the employee, regardless of the duration of part-time work established for her.
Who can claim a pension payment
According to Russian legislation, the retirement age for men and women is different; it corresponds to 60 and 55 years, but it is not enough to reach a certain age to be able to receive a state payment. To do this, you need to carry out official work throughout your life and make contributions to the pension fund, as well as to a personal savings account, in order to ultimately increase the amount of old-age benefits.
There are various features for certain categories of citizens who may qualify for pension benefits 5 or even 10 years earlier than the established retirement age. These include employees of medical and educational institutions, employees of the Ministry of Internal Affairs, contract military personnel and others. In addition, the insurance period, which plays a role in calculating payments, includes some other periods, in particular, service in the Armed Forces, for women - the period of pregnancy and child care, caring for an elderly person or disabled person.
Please note that you can apply for state old-age benefits only if the work was carried out officially and there were contributions to the pension fund from the employer; grace periods will not be taken into account if there was no real work experience before or after them.
When retiring, you need to have a minimum insurance period in the current year, it is 9 years. If you do not have official work experience during this period, then you should not count on a full old-age payment; the most you can count on is a social benefit, which will not exceed the subsistence level in the region.
Difficult aspects of paying for part-time work
It is much lower than the insurance amount and can only be obtained upon reaching a certain age. Thus, men can count on receiving benefits only upon reaching 65 years of age, but women can apply for a pension a little earlier - at 60 years of age. Video: There will be no pension without work experience? You can learn in detail about the influence of length of service and other nuances on the registration of a pension from the following video, which also lists the main requirements for persons to apply for a pension: The pension is calculated on the basis of the insurance period, that is, the time during which the person contributed to the Pension Fund RF. Today, continuous and total length of service is not taken into account in calculations. In addition, by 2024, the minimum amount of insurance coverage required for retirement will reach 15 years.
Calculation of experience for seasonal work
Some, due to various life circumstances, work only seasonally, for example, agricultural workers. They are also entitled to a pension payment, and their length of service will be calculated as follows: 1 season is equal to one calendar year. Accordingly, even with actual activity for 6–8 months, the entire calendar year will be taken into account when calculating the pension.
For such situations, the calculation of pension payments will be quite simple, all periods worked are added up and they form a single insurance period, which will be taken into account when calculating the pension. It is worth noting that the monthly payments include:
- experience;
- insurance part;
- accumulated pension points.
If the work was carried out officially, then you can confirm the presence of work experience using a work book or other document from the HR department from the employer, with which you can calculate the number of periods worked. If the work activity was not carried out officially, then there is no point in contacting the Pension Fund, since no deductions were made to the personal account.
The impact of the rate on the employee’s social guarantees
The administration does not have the right to limit a person’s right to a social package. Including payment of child care benefits when working part-time. Having worked the term assigned under the Labor Code, the employee has the right to go on another vacation, and if his health deteriorates, issue a certificate of temporary incapacity for work.
A partial day or week only affects the amount of earnings that the employee will receive at the end of the month.
When working part-time for supplies, the Labor Code of the Russian Federation ensures full rights to receive vacation pay and general principles for calculating sick leave pay.
Working on maternity leave
While on maternity leave, many women think about continuing to work in order to provide their expanding family with sufficient funding. Options for temporary part-time work, work without experience, or part-time work with the main employer are being considered.
It should be remembered that when a woman returns to work full-time, she loses her right to benefits for up to 1.5 years due to early retirement. In order not to lose benefits, a woman often chooses part-time work, receiving additional days off when working a part-time week.
Permission to work on maternity leave is issued by order
During the period of maternity leave, an employee has the right to work part-time or at home (Part 3 of Article 256 of the Labor Code of the Russian Federation). She will not receive a full salary, but based on the time actually worked (Part 2 of Article 93 of the Labor Code of the Russian Federation). At the same time, she will continue to receive benefits until her child turns one and a half years old (part 1 and part 2 of article 11.1 of the Federal Law of December 29, 2006 No. 255-FZ).
1.5 years - this is the period of time the employee will receive child care benefits.
According to the law, an employee does not have to notify the employer in advance of her desire to go to work. Therefore, the employer can adjust the start date of work only with the consent of the employee herself. First of all, get a statement from her in which she will indicate the date when she will start work and the specific schedule on which she will work. Conclude an agreement with the employee on the new working hours. Include three main points. The first is a period of working part-time. The second is the work schedule: working days, start and end times of the working day and lunch break, breaks for feeding the child. The third is the terms of remuneration of the employee. Payment is proportional to the time worked (Part 2 of Article 93 of the Labor Code of the Russian Federation).
After this, issue an order on the employee’s new working hours. In it, duplicate the information from the previously concluded agreement. The accounting department will need the order to calculate her salary. Don't forget to have the employee sign the document. It would not be out of place if the order stated that the employee works part-time during the period of maternity leave. Then the FSS of Russia will have fewer reasons to refuse to reimburse the company for child care benefits.
After the employee starts work, note on the report card the duration of her work and the fact that she is on childcare leave. To do this, use the double designation “I/OJ” or add lines to the form in which you will separately mark attendance and leave. The law does not prohibit changes to the timesheet.
What does the concept mean?
Before agreeing to a part-time position, it is recommended to study the specifics of the design and application of civil and labor legislation in relation to the employee being hired. It is necessary to study what it means to work part-time, and what social guarantees a person retains with such a design option.
There are some nuances to working part-time. What it is is determined from the meaning of the term “rate”, which implies full employment and workload according to the schedule at the enterprise with full wages according to the staffing table.
What is part-time is determined according to the Labor Code of the Russian Federation. In particular, Article 93 of the Labor Code of the Russian Federation, registration for a part-time schedule occurs in agreement with the employee or on his initiative at the time of hiring, or in the order of transition to a light schedule after full-time work.
In other words, in order to understand the principle of employment at ½ rate, you need to understand how work is paid in this mode. Since the contract provides for half-time employment of a person, his earnings are calculated in the same amount. As established by the Labor Code of the Russian Federation, the number of hours a person works per week does not affect his right to leave, registration of an entry in the work book, or crediting of length of service.
Part-time work can be done not only in the form of ½ rate. Alternative solutions include switching to remote work (outsourcing) or working from home.
How is it different from a shortened day?
The half rate does not affect the formation of a mandatory social package from the employer and the state, however, when applying, it is important to clarify how exactly part-time employment is reflected in the documents. Sometimes an employer dictates new conditions regarding the workload of an employee, transferring the enterprise or individual positions to a shorter working day. In contrast, working at 0.5 rate is purely voluntary.
There are also differences in other evaluation parameters:
- Payment for part-time work is calculated based on 50% of the salary according to the staffing table, and may be lower than the minimum wage. With a shortened working day, payment below 1 minimum wage is unacceptable.
- A shortened schedule is expected only for specific categories of employees, and ½-time work is mandatory only in certain exceptional cases (for example, part-time work), or by mutual agreement.
- Irregular hours and overtime are unacceptable at 0.5 rates, which cannot be said about a shortened day.
Questions and answers
Is it true that working part-time does not count towards seniority, and that for retirement, working part-time is the same as not working at all?
Expert:
Part-time work is counted towards seniority. The employer is obliged to make contributions to the Pension Fund of the Russian Federation.
Expert:
Irina! The time you work part-time is included in your seniority.
Article 93 of the Labor Code of the Russian Federation: By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently.... When working on a part-time basis, the employee’s wages are paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
One of the conditions for granting an old-age pension according to Art. 8 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions” is the presence of insurance experience. That is, the key point in deciding whether a specific period is included in the insurance period for a pension or not is the fact of “calculation and payment of insurance contributions to the Pension Fund of the Russian Federation” (Article 11 of Federal Law No. 400-FZ).
While studying full-time as a graduate student, I worked as an engineer at the department part-time. Is this time included in the length of service when calculating a pension?
Expert:
Vladimir!
The time you work part-time is included in your seniority.
Article 93 of the Labor Code of the Russian Federation: By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently.... When working on a part-time basis, the employee’s wages are paid in proportion to the time worked by him or depending on the amount of work performed by him.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
One of the conditions for granting an old-age pension according to Art. 8 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions” is the presence of insurance experience.
That is, the key point in deciding whether a specific period is included in the insurance period for a pension or not is the fact of “calculation and payment of insurance contributions to the Pension Fund of the Russian Federation” (Article 11 of Federal Law No. 400-FZ).
Due to the difficult financial situation, they want to transfer the employees of our individual entrepreneur to part-time. How will this affect the length of service (for example, 2016 will be credited as 0.5 years?) and how will this affect my pension?
Expert:
Article 93 of the Labor Code of the Russian Federation By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed. Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
Part-time work only affects wages. Vacation and work experience are calculated on a general basis
Expert:
Due to the difficult financial situation, they want to transfer the employees of our individual entrepreneur to part-time. How will this affect the length of service (for example, 2016 will be credited as 0.5 years?) and how will this affect my pension? Galina Galina, in general, transfer to part-time work is possible only with the consent of the employee. In accordance with the Labor Code of the Russian Federation (Article 93), by agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently.
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
Thus, you will have full experience, but the average earnings will, naturally, be less.
Good luck to you!
Question: I work at 0.5 rate, is this included in the full work experience? year for a year or year for half a year?
Expert:
Sergey.
The grounds and procedure for calculating the insurance period, if necessary for the assignment of an old-age insurance pension, are regulated by the relevant provisions of federal legislation.
Thus, in accordance with Article 10 of the Federal Law “On Labor Pensions in the Russian Federation”, N 173-FZ:
1. The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by the persons specified in part one of Article 3 of this Federal Law, provided that for these periods insurance contributions were paid to the Pension Fund of the Russian Federation.
According to:
GOVERNMENT OF THE RUSSIAN FEDERATION DECISION N 1015 of October 2, 2014 On approval of the Rules for calculating and confirming the insurance period for establishing insurance pensions
2. The insurance period includes (counts): a) periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons insured in accordance with the Federal Law “On Compulsory Pension Insurance in the Russian Federation” (hereinafter referred to as the insured persons) , provided that during these periods insurance premiums were accrued and paid to the Pension Fund of the Russian Federation (hereinafter referred to as insurance premiums);
47. Calculation of the duration of periods of work, including on the basis of witness testimony, and (or) other activities and other periods is carried out on a calendar basis based on a full year (12 months). In this case, every 30 days of periods of work and (or) other activities and other periods are converted into months, and every 12 months of these periods are converted into full years.
Those. in this case, the calculation of the insurance period is carried out on the same basis for all, which is also confirmed by the relevant explanations of the Pension Fund of the Russian Federation:
Does part-time work count towards insurance coverage?
November 09, 2020 The period of part-time work is counted towards the insurance period for establishing an old-age insurance pension on a general basis, subject to the calculation and payment of contributions to the Pension Fund of the Russian Federation.
www.pfrf.ru/branches/arkhangelsk/news~2015/11/09/101016
Is work at 0.5 rate included in the total work experience?
Working in a private company, after a year of work I learned that deductions are paid at 0.5 of the minimum wage (7.5 thousand?). It is clear that it is minuscule, but... Will such work even be counted towards work experience?
If there are contributions to the Pension Fund, it will be counted. it will also be counted for preferential retirement, with the exception of teaching experience, where half-time work is not considered.
Federal Law of April 1, 1996 N 27-FZ “On individual (personalized) registration in the compulsory pension insurance system”
Article 14. Rights and obligations of the insured person The insured person has the right: - to receive free of charge from the bodies of the Pension Fund of the Russian Federation at the place of residence or work of his application in the manner specified by him when applying, information contained in his individual personal account (the specified information may be sent to him in the form of an electronic document, the procedure for execution of which is determined by the Pension Fund of the Russian Federation, using public information and telecommunication networks, including the Internet, including a unified portal of state and municipal services, as well as in other ways, including by post) ; — receive from the policyholder a free copy of information about yourself submitted by the policyholder to the Pension Fund of the Russian Federation for individual (personalized) accounting; — in case of disagreement with the information contained in his individual personal account, apply for correction of this information to the authorities of the Pension Fund of the Russian Federation, including its Board, or to the court; — receive information contained in his individual personal account, provided through the information system “personal account of the insured person”, in the composition determined by the Pension Fund of the Russian Federation in agreement with the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of pensions.