Is study included in the total work experience: what does the law say?

Is study included in the total length of service? According to current legislation, no. If the training took place before 2002, yes, because this was established by the law in force before 2002.

The insurance period (production) is the time when pension contributions were made for a citizen. Its main significance is that it influences the formation of pension contributions (currently the minimum for assigning a pension is 15 years).

Pension legislation is constantly changing, but a new law cannot worsen a citizen’s situation. According to the previous law, the time of study was taken into account when assigning pension benefits, but according to the current law, it is not. Therefore, whether studying at an institute is included in the length of service depends on the period during which it occurred.

Is study included in the total work experience?

Until 1992, pensions were assigned on the basis of Resolution of the Council of Ministers of the USSR No. 590 of 08/03/1972, from 1992 to 2002 - according to the law on pensions No. 340-I of November 20, 1990. In accordance with these legislative acts, years of study are included in the total work experience if a citizen received education in higher and secondary specialized educational institutions.

Since 2002, Federal Law No. 173 of December 17, 2001 on pensions has been enacted in Russia. In accordance with Art. 10-11 of this law, the period of study is not taken into account when assigning a pension. The very concept of “work experience” has been replaced by “insurance”.

In 2015, the legislation changed again. Federal Law No. 400 came into force, adopted on December 28, 2013 and still in force to this day. He increased the number of periods counted in labor output, but the period of education was not included in it.

In accordance with Art. 11 of the new 400-FZ, insurance coverage includes the following periods:

• military service;
• receiving unemployment or disability benefits;
• caring for a young child under one and a half years old;
• caring for a disabled person, an elderly citizen over 80 years old, a disabled child;
• unjustified detention;
• living together with a military spouse (or military spouse) in an area where there was no opportunity to carry out work activities;
• living with a spouse abroad.

According to the law, it turns out, and this is indicated in paragraph 8 of Art. 13 400-FZ, that study is included in the length of service for a pension if it was carried out before 2002. This term refers to the acquisition of knowledge in secondary and higher educational institutions.

Concept and legal meaning

Work experience is the total duration of working and social activity, calculated in a certain order, starting from the moment of reaching working age .
Its calculation is necessary to obtain various guarantees and compensations established by law. From a legal point of view, this is a fact, upon the occurrence of which the right to receive pension payments, certain types of benefits, and benefits arises.

It has two characteristics:

• quantitative, that is, the time period of the activity;
• qualitative – represents the conditions in which a person worked, their harmfulness, danger, etc.

The main document confirming its duration is a work book .

You can get more detailed information about this concept from the following video:

When will training time be counted?

University, technical school, and graduate school are taken into account when assigning a pension; college is included in the length of service for a pension, but not school years; studying at a comprehensive school has never been included in the calculation. And they count only when completing training before 2002.

The exception is cases when the student carried out labor activities in his free time from classes.

According to Soviet legislation, vocational education was equal to these types of education, so the answer to the question of whether courses are included in the pension experience is positive if they were completed before 2002 and related to vocational training (advanced training, etc.).

Special experience

Periods of employment that are associated with performing special types of work or working in special conditions are defined as special experience: northern, pedagogical, medical. The duration of such work activity is of particular importance when assigning a long-service pension. If there is sufficient time to work in certain positions, a citizen has the right to early retirement.

In some cases, for early retirement it is enough to have only special experience, while in other cases it is also necessary to have general experience. For example, a regular bus driver who has worked for 20 years can retire early if he works for a total of 25 years. The period of special work experience is included in the total work experience. And the teacher will receive a long-service pension after 25 years of teaching activity.

The training took place at a departmental university

In accordance with Law No. 4468-1 of February 12, 1993 and Government Decree No. 941 of September 22, 1993, training is included in the length of service for receiving a pension in the internal affairs bodies within 5 years. This rule applies to employees who entered the service before 01/01/2012, subject to graduation from an educational institution (Part 2, Article 17, Article 22 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and making amendments to certain legislative acts of the Russian Federation", clause 2 of article 35 of the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service", order of the Minister of Defense of the Russian Federation of April 7, 2015 No. 185).

Based on 342-FZ dated November 30. 2011, 53-FZ dated 03/28/1998, order of the Ministry of Defense of the Russian Federation No. 185 dated 04/07/2015, enrollment in universities of the Ministry of Internal Affairs or the Ministry of Defense is actually entry into service with the signing of contracts.

Calculation procedure

When calculating length of service for various purposes, the employee’s work book and all inserts are used. If it is missing, then the calculation is made on the basis of an employment contract, a certificate from a previous place of work, extracts from orders, salary slips and similar documents.

The specific calculation algorithm depends on the purpose of this procedure.

To receive a pension, benefits

In this case, every day of service is important, since the amount of payments depends on the length of the period. For the calculation, all periods of a person’s work are used, including time of municipal service, as well as other types that involve the deduction of insurance premiums.

According to the law, when calculating a month, a period of 30 days is considered, and a year is equal to 360 days.

The calculation procedure is as follows. First, you should write down the start and end dates of all periods of work. After this, the duration of each period is determined accurate to the day. Next, all the numbers are summed up and the number of full years, months, and days is indicated.

For example, a person got a job on September 5, 2012, and quit on December 19, 2014:

1. First of all, you should count the days: 25 in September, 19 in December. Total 44 days or 1 month and 14 days.
2. Next, count the months: 3 full months in 2012, 11 in 2014. Total 14 months or 1 year and 2 months.
3. Then determine the number of full years: 1 year in 2013.
4. Now you need to add up all the resulting values: 1 year, 1 year and 2 months, 1 month and 14 days. Total 2 years, 3 months, 14 days.

This indicator is the total length of service.

For sick leave

The calculation to determine the amount of temporary disability benefits is carried out using a work book. The determination of the duration of the working period for this purpose must be carried out to the nearest day. If a person worked at several enterprises, the length of service is calculated for each place of employment.

The value directly affects the amount of the benefit. That is, the longer the period, the higher the accruals. According to the law, the dependence is as follows:

• with work experience of up to 6 months, the benefit amount is equal to one minimum wage;
• up to 5 years - 60% of the average salary;
• up to 8 years - 80% of earnings;
• more than 8 years - 100% of the average salary.

The calculation method is the same as for determining the size of the pension. For example, if a person’s total work period is 2 years, 3 months and 14 days, then the amount of payments will be 60% of the calculated average salary.

"Restoration" of experience

Unfortunately, it often happens that seniority is simply “lost.” This can happen if you lose your work book. Before the introduction of the electronic database of pension funds and pension insurance, it was the main document according to which both total and special work experience were calculated. Therefore, with the loss of a work book, there is a need to confirm one’s work activity before concluding an OPS agreement.

Confirming this is sometimes very difficult. It’s good if the enterprise where a person worked several decades ago is still preserved. But thousands of enterprises from the Soviet period did not survive the troubled 90s, and even today hundreds of large and small organizations go bankrupt and close across the country every year.

A professional lawyer specializing in labor relations issues can help you restore lost experience. The specialist will be able to competently draw up requests to the relevant authorities and help in collecting a package of supporting documentation. And if necessary, represent the client’s interests in any judicial and administrative authorities.

Continuous experience

It is used when calculating compensation and providing other types of social guarantees. Today, having continuous experience is relevant:

• For workers working in the Far North and equivalent territories (Government Decree of 1993).
• For persons who served in the Armed Forces in areas with unfavorable climatic or environmental conditions (Government Decree of 1999).
• For medical workers employed in medical institutions with a high level of biological hazard (Order of the Ministry of Health and Social Development No. 463-2008).

In addition, continuous experience is necessary to establish additional pay for length of service for certain categories of employees of law enforcement agencies: the Ministry of Internal Affairs, the Armed Forces of the Russian Federation, the FSB, the Ministry of Emergency Situations. By internal orders of the organization, employees with extensive continuous experience may also be provided with certain benefits - salary bonuses, additional paid leave, and so on.

Online calculator

To simplify calculations and avoid possible errors, you can use an online calculator. This program is designed in such a way that every 30 days are automatically converted into a month, and 12 months into a year.

For the convenience of calculations, you can use the online work experience calculator on our website.

Application:

1. In the appropriate columns you need to enter the dates of hiring and dismissal in the format day, month, year. The data is taken from the work record book and other supporting documents. You can enter data manually, or you can use the calendar form (the window next to the input line).
2. If there are other periods that count toward the length of service, they should also be included in the program.
3. To the right of the data columns there is a CALCULATE button. Click on it.
4. Values ​​in years, months and days will appear at the bottom of the page.
5. If you find that the data was entered incorrectly or one of the periods was not specified, you need to click on the RESET button, which is located next to CALCULATE, and enter new information.

For example:

Citizen Aksenova A.P. needs to calculate her length of service to assign a pension. She provided a work record book, an extract from the archive, and a certificate from the Social Security Administration. Employment history:

The archival extract confirms Aksyonova’s work at Zorya LLC from February 1, 2010 to August 29, 2011.

From September 6, 2011 to October 12, 2015, Aksyonova cared for her elderly mother, born in 1930, for which she was issued a certificate from the social security department.

1. Let’s enter in the online calculator the periods of work and the period of caring for a mother over 80 years of age in the appropriate columns:

• 19.09.1998–13.06.2010
• 1.02.2010–29.08.2010
• 6.09.2011–12.10.2015

2. Click on the CALCULATE button

3. Turned out: years: 16 | months: 5 | days: 1

Leave to care for a sick relative - how to arrange it correctly? What documents do you need to apply for an old-age pension? Find out about it by following this link.

You can learn how to resign by agreement of the parties correctly by reading our article on this topic.

Experience in specialty

The time a person works in a particular field of work does not imply the provision of any benefits, additional payments or other preferences. The main point of the length of work in a specialty is to make it clear to the employer when hiring an employee that he is faced with a person with certain experience and possessing certain professional skills. Accordingly, the more work experience in the required specialty, the higher the chances of such an applicant to get a job in the organization.

However, in a number of professions, the length of work in the specialty can also influence the employee’s career growth. For example, in the Armed Forces, in order to receive the next rank, an employee must have a certain period of service in a lower rank. Assignment of a subsequent rank. Extraordinary assignment of a title is possible only in the form of encouragement for any merits. And in certain positions, work experience is the main condition for employment.

Thus, in order to be admitted to the bar exam, a lawyer must have, in addition to specialized education, a certain amount of practical work experience. To be appointed to the position of prosecutor of a region or republic, a justice worker must work for at least 7 years in lower positions.

As we can see, despite the reform and the introduction of a new procedure for calculating pensions and salaries, length of service remains an important factor influencing the size and procedure of social payments.

How is an employee's length of service calculated?

When calculating the insurance period, the calendar order is taken into account.

It should be noted that when calculating the insurance period for citizens of the Russian Federation, periods when the laws of other states influenced the establishment of pensions are not taken into account.

When calculating the insurance period, periods of work and other activities, information about the insured person posted in the Pension Fund of the Russian Federation in accordance with the Federal Law “On individual (personalized) accounting in the compulsory pension insurance system” is used.

In accordance with the Decree of the Government of the Russian Federation of October 2, 2014 No. 1015 “On approval of the Rules for calculating and confirming the insurance period for establishing insurance pensions,” to calculate the length of service, it is necessary to take the information entered in the work book as a basis.

The employer is required to make entries in the work book taking into account the Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 (as amended on October 31, 2016) “On approval of the Instructions for filling out work books” (Registered with the Ministry of Justice of Russia on November 11, 2003 No. 5219).

Common Questions Answered

Question No. 1. I was on maternity leave for a total of 7 years and 5 months. Is it really possible that the entire period of childcare will not be included in the insurance period?

Answer: According to the Decree of the Government of the Russian Federation of October 2, 2014 No. 1015 “On approval of the Rules for calculating and confirming the insurance period for establishing insurance pensions” (with amendments and additions), no more than 6 years of care are counted in the insurance period of each parent, if they do not coincide in time or care is provided for different children. Moreover, it is worth noting that the insurance period includes leave to care for a child until he reaches the age of 1.5 years, but in total no more than 6 years. Thus, 6 years of care will be included in the insurance period, 1 year 5 months will not.

Question No. 2. I have an entry in my work book that I was a member of a collective farm from 1992 to 1995. The Pension Fund told me that this period is not included in the length of service. Clarify please.

Answer: The fact is that having membership in a collective farm does not mean having work experience. To calculate work experience, it is necessary to have work activity, because in accordance with clause 66 of the Decree of the Government of the Russian Federation of October 2, 2014 No. 1015 “On approval of the Rules for calculating and confirming the insurance period for the establishment of insurance pensions” (with amendments and additions), the calendar years indicated in the collective farmer’s work book, in which there were no not a single exit to work are excluded from the count.