The work book is the main personnel document in which information about a person’s work and insurance experience is entered.
The insurance period refers to the period of time when contributions were received by the Pension Fund, regardless of whether the person was working at that time or not. All representatives of the stronger sex in Russia are required to undergo compulsory military service. Moreover, the period of military service is included in the insurance period of citizens. When getting a job after serving in the army, you have the right to request that information about where and during what period you served be included in your work book. This will help you not to get confused in the future when calculating your insurance period and calculating pension payments.
Many personnel officers are baffled by this requirement. In our article we will talk in detail about how a record of military service should be entered into an employee’s work book.
The concept of experience
Every citizen of the Russian Federation sooner or later encounters such a concept as work experience. What it is? And why is it needed in Russia?
Work experience is the total duration of work activity. That is, this indicator indicates how long a person has worked.
And it is necessary to assign a pension. For example, with length of service, some citizens may become pensioners early. Also, work experience sometimes helps to receive pension supplements. In any case, this component is necessary for the formation and registration of pension payments. Is military service included in seniority or not? Is it recorded in the citizen’s work book? And if such an operation is possible, then what will be required to bring the idea to life?
The influence of military service on work experience
The term “work experience” (TS) is used to indicate the length of work of individual citizens. It includes not only the time when a citizen was actually at work, but also periods when he was forced to leave his workplace for certain reasons. For example, due to military service.
The concept of “work experience” was applied in Law No. 173-FZ. Before the changes in 2002, the pension (the fact of its provision and the amount) depended precisely on this indicator.
Subsequently, the size of pension payments began to be determined by the insurance period (SS) - the period during which a person was insured in accordance with the established pension insurance regime.
Expert opinion
Egorov Mikhail Mikhailovich
Lawyer with 8 years of experience. Specializes in family law. Legal expert.
The time of military service will be taken into account in the length of service, as established by Law No. 173-FZ of December 17, 2001. Also, according to the provisions of Federal Law No. 400-FZ, it will affect the size of the CC.
Types of experience
In Russia today there are several types of work experience. All of them play an important role in determining a pension in old age.
As we have already found out, there is such a thing as work experience. It reflects the duration of a person’s working activity throughout his life. The corresponding entries are entered into the work book, which will be required in the future.
There is a so-called insurance period. It is usually called general. This includes all periods of a citizen’s work, as well as non-working periods of time, which are taken into account by the Pension Fund of Russia as length of service.
All this will help to understand when a particular person is entitled to receive a labor pension. Experts recommend actively using non-working periods to obtain pension points. They will bring a person closer to retirement without having an official job.
Is registration required?
It is worth considering that information regarding service must be indicated before information about hiring. If for some reason the new employee was unable to provide a military ID, which is the basis for entering such data, then it is not prohibited to enter the data later. According to the law, it is desirable that all lines in the work book be entered chronologically, but there is no penalty for inconsistent display of length of service.
About the entry in the book
Is an entry made in the work book about military service? As already mentioned, this mark is often not affixed in the mentioned document. But in reality it needs to be set. Otherwise, problems cannot be ruled out when assigning a pension in the future.
To put a mark on service in the armed forces under urgent conscription, a citizen must already officially work in a particular company and return to it from the army. Next, the applicant contacts the HR department and the manager. Only this employee can mark the years of military service. Otherwise the entry will be invalid.
Does a military man have the right to work part-time?
Since part-time work involves the worker performing gainful activities within the framework of an employment contract, this option is not suitable for the military.
Persons liable for military service by law do not have the right to combine official activities with civilian earnings at various enterprises under employment contracts.
Personal entrepreneurship or through authorized persons and participation in the management of business structures are also prohibited. Defenders of the Motherland do not have the right to assist individuals and enterprises in doing business.
Do military personnel have a part-time job?
The current legislative framework in this matter gives a completely unambiguous answer: defenders of the Motherland cannot officially carry out other work activities.
Service in the Armed Forces is a type of activity to preserve and maintain the security of the Russian Federation and increase its defense capability. Therefore, the service of those liable for military service involves the performance of these functions, and not paid part-time work in addition to this in other places.
A fairly strict restriction of the right to an additional type of activity is dictated by the specifics of official activities.
Representatives of the Armed Forces are assigned to a specific place of service. It is necessary that they are constantly there to fulfill their duty to protect the country. If a serviceman works multiple jobs, he will not be able to promptly carry out the orders of his superiors.
Part-time work for military personnel - provisions of the law
The main legal document that determines the position of the Russian military is Federal Law No. 76-FZ On the status of military personnel of May 27, 1998. Article 10 of the presented act states that the professional activities of military personnel are allowed only through the performance of service functions.
A ban is imposed on the performance of other paid functions. First of all, we are talking about part-time work in various types of organizations with formalization of labor relations. Article 37 states that a soldier must devote the entire time of service to the implementation of direct duties.
Moreover, a serviceman cannot work during off-duty hours.
Part-time work for contract military personnel
Part-time work is prohibited for those in the service. This norm is established by the Federal Law. Termination of the contract may occur in the following situations:
- Participation on a paid basis in activities related to the management of a business structure (except for some situations provided for by law);
- Carrying out business activities;
- Inclusion of a person liable for military service in the management bodies, trustee or supervisory boards, and other bodies of foreign non-profit non-governmental structures operating on the territory of the Russian Federation, unless otherwise provided by an international agreement or legal norms of the Russian Federation.
Consequently, a person liable for military service does not have the right to legally carry out other professional activities. The exceptions are the occupations mentioned in the Law on the Status of Military Personnel:
- Teaching;
- Scientific work;
- Creation.
It follows from this that a serviceman with a contract cannot work part-time and receive additional income.
Work book of a part-time soldier
Based on legal norms, the maintenance of work records is not provided for during military service.
All necessary entries are made in special documents (military ID, military personnel ID). Entries in the work book are included by the employer only after dismissal.
This refers to a service mark based on a military ID. This information serves as confirmation of production (calendar experience).
A pension insurance certificate for those who serve is also not a mandatory document, but it can be obtained. The document will be needed when applying for a pension benefit or regular cash payments from the Pension Fund. The tax identification number should be obtained from the tax office, since it will be required when calculating other funds.
Part-time military experience
Military personnel are allowed to perform some types of activities part-time. Additionally, pedagogical, scientific and creative work can be paid.
But the performance of secondary functions should not interfere with the implementation of primary job responsibilities. Consequently, a serviceman can work after the approval of his direct superior, for example, the regiment commander.
But teaching and conducting scientific activities are allowed only during off-duty hours.
But for scientists and teachers of professional military educational institutions, a digression has been made. The serviceman is required to submit a report stating that he will engage in additional activities during the period of service.
A report is not required if part-time work is performed during off-duty hours. The time a citizen spends in contract service and part-time work is counted in the total length of service as a day of service for 1 day of work.
The period of conscript service should be counted as 1 day of service in 2 working days.
Responsibility of a serviceman for part-time work
If the manager finds out that the additional functions of a subordinate interfere with the proper performance of military duties, then part-time work may be prohibited for the serviceman.
Such a ban is accompanied by written confirmation that the soldier did not show up at the place of duty, arrived late, or violated discipline.
The violator will receive disciplinary action if the non-compliance with the rules was caused directly by the performance of additional functions.
Thus, defenders of the Motherland exercise the right to work only through service. All other types of income generation are prohibited. A small exception is teaching, scientific or creative work.
In practice, situations arise when defenders of the Motherland have to unofficially work part-time to support their families. But the law contains provisions that prohibit moonlighting.
Otherwise, the person liable for military service may be dismissed from service.
Documents for marking
Recording military service marks is a responsible process. As it was emphasized earlier, only the head of the personnel department has the right to do this. A citizen who has served in the army will have to prepare a certain package of papers to bring the idea to life.
Which ones exactly? Military service is included in the total length of service. The mark in the work book will be made on the basis of:
- citizen identity cards;
- work book;
- military ID;
- service contract (if any);
- awards and orders (if any).
Also, the subordinate will have to submit an application to have a mark of military service included in his work book.
How to correctly record military service in your work book
In some organizations, after each entry in the work book, the employee puts his signature and an “Acquainted” visa. This practice allows you to control all entries in the work book and, if there are errors, correct everything in time. An entry in a work book for military service is a sample.
How to make a record of awards and other distinctive signs received during service Also, information about existing awards and other distinctive signs received during service is recorded in the work book. The entry about awards is written on a separate line in order to enter a document confirming their availability opposite the entry about awards.
A record of encouragement is made in the work book in the same way as a record of military service:
- In column 1 the serial number of the entry is written.
- Column 2 indicates the date of award.
How to make an entry in the work book about military service
According to the law, it is desirable that all lines in the work book be entered chronologically, but there is no penalty for inconsistent display of length of service. Verification After entering the data into the labor report, the personnel department specialist is obliged to show the completed form to the former military man.
He, in turn, can verify all important details, including the name of the military unit and the military ID number. It is easier to see a mistake with fresh eyes. If everything is in order, then the form is completed and a record of employment is made. Important Conclusion Anyone who has served in the military can require the employer to enter data regarding his place of stay over the past year. Personnel officers, in turn, need to enter such data very carefully. Free legal consultation by phone ext. 188 (MSK), ext.
How to correctly make an entry in the work book about military service?
It's fast and free!
- What documents govern making an entry?
- Assignment of military service record
- What documents must the employee present?
- Rules or what you need to pay attention to
- Filling steps
- How to record awards and other decorations received during service
- If you didn’t make a record of your service in the RF Armed Forces?
- Do corrections need to be made if mistakes are made?
What documents govern making an entry? Any entry in the work book of an accountant, teacher, doctor, as well as a military personnel, is primarily regulated by Labor legislation.
How to record military service in a work book
- Column 3 indicates who awarded the employee, for what and what kind of reward.
- Column 4 indicates the name, date, number and series of the document confirming the award.
If you didn’t make a record of your service in the RF Armed Forces? When filling out a work book, take into account the fact that the record of service in the Armed Forces of the Russian Federation must be before the record of employment.
It may happen that there is no record of service in the Armed Forces of the Russian Federation in the employee’s work book.
This could happen if the employee forgot to provide a military ID or lost his military ID at the time of his employment and did not provide it after it was restored. What to do in such a situation? If there is no entry in the TC, it’s okay.
Entering a record of military service in the work book
People often leave their workplace, for short periods of time. Such cases include maternity leave, leave to care for an elderly person, just annual paid leave and military service. This article will discuss how to correctly make an entry in the work book about military service.
Usually all contributions are made before a person is hired, as is written in the Labor Code. But if the future employee does not yet have a military ID, then changes can be made to the document after employment. How to make an entry The employee must bring his military ID and application.
These documents will serve as the basis for drawing up the order, and then it will be possible to enter certain information.
By whom and how is an entry made in the work book about military service?
For this purpose, an application is accepted from the employee. The document is addressed to the director of the enterprise, who, after reviewing the application, issues a visa. 2 Based on the specialist’s application, the head of the organization issues an order. For this purpose, the personnel order form is used.
A personnel employee is appointed responsible for the execution of the order, and is in charge of maintaining work records. The personnel officer gets acquainted with the administrative document against a signature. Work at Sberbank 3 Make an entry in the document confirming your work activity. Using the employee’s military ID, indicate the start and end date of military service.
In your job information, please enter military service in the Russian Armed Forces. Write the number and series as the reasons. The date of issue of the specialist's license card.
How to make an entry in the work book about military service?
Since the record itself is essentially correct and allows us to establish the name of the organization, as well as the date of hiring, there is reason to believe that there is no need to correct it. For more details, see the System materials:
- Answer: How to fill out a work book when hiring an employee
Receiving a work book from an employee The list of documents that an employee must present when applying for a job includes a work book (Article 65 of the Labor Code of the Russian Federation). This applies to those employees who already have such a document.
Attention As a general rule, the employer continues to maintain the work record book presented by the employee. Read more about working with a work book here: An exception is the case when an employee presents a work book of a foreign country when applying for a job.
In such a situation, the organization is obliged to issue him a new work book.
How to record military service in your work book
After military service is completed, a gap in service record will appear for exactly one year. When looking for a job, the question will definitely arise where the potential employee was at this time.
In order to ease the lot of both the employer and the potential employee after military service, it was decided to enter data regarding army service into the labor record.
Recording military service in your work book will allow you to avoid having to provide a military ID and other papers over and over again that confirm the fact of service. Regulates the entry of such information into the Labor Code form and the Rules for filling out such documents (Chapter 21).
An entry in the work book about military service, like any other, must be made with a fountain, gel or ballpoint pen. Its color is blue, black or purple. Of course, only one pen type and color should be used per entry.
How to correctly make an entry in the work book about military service
It is necessary to indicate exactly the date of the change made to the work book;
- The information itself is entered in column 3. There are no clear regulations here, but it is worth considering that some periods are not included in the service life. This excludes:
- Duration of serving the disciplinary punishment;
- Duration of stay in a disciplinary military unit.
Source: https://pbcns.ru/kak-pravilno-zapisat-v-trudovuyu-knizhku-sluzhbu-v-armii/
Writing rules
It is important to understand that filling out any document requires compliance with certain rules. And the work book is no exception. You can only write in it with specific ink and pens. This fact must be taken into account when making a record of military service.
Today, all marks in the mentioned document can be written:
- ballpoint pens;
- gel pens;
- fountain pen.
Their color also plays an important role. Violet, black and blue inks are permitted. And nothing more.
Is it necessary to enter a work book for military service?
After recording the termination of the contract, the employer puts his signature. The document that confirms the accuracy of the record is an employment contract.
The employee must keep it throughout his life. Without it, the entry in the document is invalid.
All entries are made in Russian. The following data is entered in the work book:
- the work he does}
- reasons for dismissal}
- information about awards.
- personal information about the employee}
- translations and part-time activities}
The employee receives a work book at his first official place of work.
Sometimes it is given to graduate students, which is also legal. This document is stored by the employer or a person authorized by him, who is responsible for the correct maintenance of the document.
On the day of dismissal, it must be given to the employee.
Military service
Based on the application, the businessman draws up an order to approve the employee’s request.
And only then the personnel service employees of the limited liability company or the head of the organization himself begin processing the book. This procedure has practically no significant differences from making other entries in the labor record.
First, you will need to put the already familiar serial number and indicate the date.
The third column will contain information that the employee actually performed military service.
The period when he was in the army will also be indicated. The last column will contain a reference to the military ID that served as the basis for this entry.
Registration of a serviceman's work book
This obligation of the employer is enshrined in Part.
¦¦ ¦¦ Karasev ¦¦ June 10, 2008
——- S.F. Karasev¦L——————————————————————————Before considering the features of filling out the work book of a former military man, we will determine the periods of which particular service should be reflected in it.
Do I need to include military service in my work book?
This is stated in Article 65 of the Labor Code of the Russian Federation (see Answer No. 2). Read about more information in the article at the link. The fact of completion of military service can be confirmed by order, but a military ID is a mandatory document for employment, and accordingly, the employee is obliged to provide it to you.
The hiring process should be carried out in the usual manner, as you accept all first-time applicants (see.
answer #3). Including getting a new work book for this employee. If he does not have SNILS, then issue him this insurance certificate.
Details in the materials of the Personnel System: In the section of the work book “Information about work”, make a record of the service if the employee, before getting a job, served in: This is stated in the Rules approved.
We correctly enter a record of military service in the work book
Special instructions and rules for filling out and storing work books indicate that the length of military service completed by an employee of an organization/enterprise/institution must be recorded in his work book.
In the Russian Federation, this provision is enshrined in Article 21 of the rules for maintaining work books and inserts in them.
Before making an entry in the work book about military service, the employee must present to the employer a military ID with the necessary marks and a completed statement, which will become the legal basis for the authorities to issue an order to enter this information into a strict reporting form - the work book or insert.
After the order is issued, the authorized personnel officer is obliged to write down the information provided, guided by the following documents: a military ID} a completed or blank labor form} the Labor Code of the Russian Federation} Rules for filling out books} a statement from an employee who has completed military service.
There is no record of military service in the work book.
An application from a future employee of the organization must be sent to the manager. Info If the award took place during military service, the date of the award is indicated.
- Column 3 indicates who awarded the employee, for what and what kind of reward.
- Column 4 indicates the name, date, number and series of the document confirming the award.
If you didn’t make a record of your service in the RF Armed Forces?
Peculiarities
Is military service included in the length of service? This period can be classified as a general type of experience, but nothing more. Although there are exceptions, which will be discussed later.
It should be remembered that being in the army does not always count towards length of service. Exceptional cases include:
- serving a disciplinary arrest;
- being in a disciplinary military unit.
If the applicant is in the distribution unit, then this period will be entered in the work book. All awards and incentives during service are also recorded in the mentioned document.
Entering other data
The work book contains information not only about the service itself, but also about awards, titles, and medals. The application procedure is specific and must be followed, namely:
- The first column contains the record number in order. It comes separately from the information about the service, since it will be necessary to enter information on the basis of which documents the entry is made.
- In the second - the date of the award, entering information, namely the award. Even if it was while serving.
- In the next column - the full name of the person who awarded, for what merits.
- The last column is the date, number, series of the document on the basis of which the award was issued.
Components of work experience
What is included in work experience? Many citizens are interested in this very question. It is especially important for the current generation. After all, in tens of years, today's youth will have to retire. And if you do not score the required number of points, you may be left without significant financial support from the state.
The length of service includes all periods of official employment. This includes employment in any company and for any position. It doesn’t matter who exactly the citizen will be - a doctor, a military man or an ordinary seller. The main thing is that the employment is official. Otherwise, it is not counted towards the length of service. This means that a person loses a lot in the future.
Does the person have an open IP? This period can also be considered work experience. But it is confirmed by relevant certificates and, as a rule, is not recorded in the work book. This practice has been taking place in Russia for many years.
Serviceman's contract
Attention: the article is polemical in nature and is exclusively scientific, aimed at understanding the place of contractual relations of a military serviceman in the system of legal norms. Regarding the actual practice of military service and current legislation, contact a military lawyer for clarification!!!
Once upon a time, military service was considered a prestigious matter, and recent changes in legislation seem to bring back those times. But among personnel, including senior officers, there are sometimes mythical ideas about their status that prevent them from realizing their own rights in full.
Does the labor code apply to a military serviceman’s contract?
Disputes about the nature of the benefits provided by law—whether the relationship is of an employment nature or administrative—has not subsided to this day.
Limiting the status of military personnel to administrative relations deprives them of many guarantees that ordinary citizens working under an employment contract have.
For example, a ban on dismissal while on vacation or while on sick leave, exemption from paying state duty when applying to a military court for reinstatement, etc.
These disputes are caused by the fact that the legislation does not contain a direct clause, hence there is wide scope for interpreting the law in favor of one side or another.
The army authorities believe that a contract for military service is not a labor contract, therefore the guarantees of the Labor Code do not apply to military personnel. In this case, this is nothing more than a special type of labor hire contract, regulated only by administrative relations.
This special type of agreement is provided for by the Federal Law “On Military Service and Military Duty.” The presence of administrative relations follows from the essence of military discipline, which is the basis of military service.
If the contract for military service was classified as a type of employment contract, then this would mean the recognition of equal relations between superior and subordinate, which, in turn, would deprive the army of the necessary subordination in its ranks.
The norms of the Labor Code of the Russian Federation do not apply to military service
The fact that the Labor Code of the Russian Federation does not consider a military serviceman’s contract among certain types of contracts does not mean that the latter automatically falls out of the scope of labor law.
In order to find out the nature of the relationship with a soldier and determine its main sources, it is necessary to identify the range of possible conceptual connections. The word “contract” itself implies mutual rights and obligations.
Relationships of subordination are also characteristic of an employment contract, since one party undertakes to carry out the orders of the other. By the beginning of 2006, the existence of an administrative contract was scientifically substantiated in several dissertations.
And this design served as a methodological basis for the further division of labor relations and the performance of duties due to public positions. By the way, their nature is also far from a classic employment contract.
The previous Code of Labor Laws of the RSFSR (LLC) was more consistent, and declared all employment contracts, regardless of the civil or military sphere, as contracts. Therefore, his chapter III contained a complete identification of these concepts. And there was a time when a serviceman’s contract was subject to the norms of the Labor Code of the RSFSR.
Alas, at present the Labor Code of the Russian Federation does not operate with the concept of “contract,” which gives grounds to classify the type in question as a separate type of agreement. At the same time, domestic law develops according to the principle of continuity.
Lack of revolutionary changes in accordance with the adopted state policy in the field of socio-cultural construction (see Message of President D.A.
Medvedev to the Federal Assembly “There will be neither revolutions nor counter-revolutions”) allows theoretically to extend labor guarantees to military personnel by analogy.
But there is another point of view
The basis for the application of the analogy is created by the norm of Part 2 of Art. 1 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, “military personnel have the rights and freedoms of man and citizen with certain restrictions established by this Federal Law, federal constitutional laws and federal laws.”
In order to determine the limited scope of the rights of a military personnel in comparison with the labor rights of a civilian (on the basis of which to draw a conclusion about the difference between an employment contract and a contract for military service), it is necessary to find a law or rule in the law that would directly indicate such a limitation.
This is also indicated by the text of Part 1 of this article, which defines the status of a military personnel: “The status of military personnel is a set of rights, freedoms guaranteed by the state, as well as the duties and responsibilities of military personnel established by this Federal Law, federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation.” Federation." And the Labor Code of Russia refers precisely to such laws.
The labor nature of the relationship between a serviceman and the military administration is indirectly evidenced by Part 1 of Article 10, which states that “the right to work is exercised by military personnel through their military service.”
Part 3 of the same article guarantees that “the time spent by citizens in military service under a contract is counted in their total work experience, is included in the length of civil service of a civil servant and in the work experience in their specialty at the rate of one day of military service for one day of work.” However, the fact that service time is counted towards seniority does not directly indicate the existence of an employment relationship. For example, time spent studying full-time in vocational educational institutions is also counted as work experience, but the relationship between the student and the administration of the educational institution is not considered labor.
Part 4 art. 32 Federal Law of March 28, 1998
No. 53-FZ “On Military Duty and Military Service” determines that “a contract for military service is concluded by a citizen with the Ministry of Defense of the Russian Federation or the federal executive body in which this Federal Law provides for military service, in writing in a standard form in the manner determined Regulations on the procedure for military service.” The very same Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237 “Issues of military service” (as amended on October 15, 1999, April 10, June 26, 2000, April 17, 2003 .), in the section “Enrollment of citizens for military service under a contract” in paragraph 3 indicates that “military service in the Russian Federation is carried out in accordance with the Constitution of the Russian Federation, the Federal Law, other federal laws, these Regulations, and other regulatory legal acts of the Russian Federation in area of military service and the status of military personnel, as well as with international treaties of the Russian Federation in this area.”
Thus, a contract for military service should, in theory, be recognized as a labor contract, since the law does not stipulate otherwise and there are grounds to extend the Labor Code to it or to duplicate all labor guarantees and benefits in the law on the status of military personnel.
Based on materials from a previously published article in the magazine “Work and Salary”, September 2003, author – lawyer Ivan Kuzmin
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Source: https://AdvocatKuzmin.ru/articles/86-article4
About non-insurance periods
Some are interested in insurance experience. Military conscription service is usually counted as “insurance.” From all of the above it follows that a person does not work during military service. He is simply fulfilling his civic duty. But this is not a reason to move away from retirement.
It is clear what is included in the work experience. And what components allow you to get closer to retirement without official employment? These include:
- care for small children (up to 1.5 years);
- care for disabled people after 80 years of age;
- fixed-term/contract conscription service;
- decree;
- being registered as unemployed;
- periods of employment in public works;
- illegal stay in exile or imprisonment;
- the time when a person received temporary disability benefits.
All this is taken into account when assigning a pension. But, as a rule, records about these periods, with the exception of military service, are not entered into the citizen’s work book.
Peculiarities of employment of a former military man
Military service is a special type of activity that is not regulated by labor legislation. But if a military man leaves service for the reserve or retires, nothing prevents him from finding a job in any organization.
At the same time, employers hiring former military personnel need to know and comply with certain legal requirements - both during the employment itself and during the working life of the employee.
In the article we will consider which military personnel can work and when, what are the features of hiring former military personnel and what guarantees are established for them by law.
Military service
In accordance with Art. 2 of the Federal Law of March 28.
1998 N 53-ФЗ “On military duty and military service” (hereinafter referred to as Law N 53-ФЗ) military service is a special type of federal public service performed by citizens who do not have citizenship (nationality) of a foreign state: in the Armed Forces of the Russian Federation and in troops of the National Guard of the Russian Federation; in engineering, technical, road construction military formations under federal executive authorities and in rescue military formations of the federal executive authority authorized to solve problems in the field of civil defense; in the Foreign Intelligence Service of the Russian Federation; in the federal security service; in state security agencies; in the military prosecutor's office; in the military investigative bodies of the Investigative Committee of the Russian Federation; in the federal body for ensuring mobilization training of government bodies of the Russian Federation; in military units of the federal fire service and special formations created for wartime. Citizens who have citizenship (nationality) of a foreign state and foreign citizens can perform military service only in the Armed Forces of the Russian Federation and military formations.
In accordance with Art. 2 of Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” (hereinafter referred to as Law No. 76-FZ), military personnel perform military service under a contract on a voluntary basis or military service by conscription in accordance with Law No. 53-FZ.
Dismissal from military service
According to Art. 50 of Law N 53-FZ, military personnel are released from military service into the reserve, with the exception of military personnel: 1. Male military personnel expelled from military professional educational organizations and military educational organizations of higher education who have not reached the age of 18 years.
2. Females expelled from military professional educational organizations and military educational organizations of higher education and who do not have a military specialty. 3. Those who, upon dismissal from military service, chose a permanent place of residence outside the Russian Federation. 4.
In respect of which a court verdict imposing a sentence of imprisonment has entered into legal force. 5. Who are foreign citizens.
Military personnel who, by the time of discharge from military service, have reached the age limit for being in the reserve or are declared unfit for military service due to health reasons, are sent to retirement.
Note. Retired military personnel retain their military rank.
Military personnel discharged from military service and remaining in the reserve are registered with the military, while the rest are removed from it. All listed citizens, with the exception of military personnel specified in paragraph 1, must be registered with the military.
Military personnel can retire from military service on the following grounds: – by age – upon reaching the age limit for military service; – upon expiration of the conscription period or contract period; - for health; – in connection with deprivation of military rank; – due to loss of trust.
In addition, they may be dismissed early. All grounds for dismissal are listed in Art. 51 of Law No. 53-FZ.
Military personnel performing military service under a contract and who have not reached the age limit for military service are dismissed from service from the moment they acquire the right to a long-service pension, with the exception of cases of early dismissal.
Military personnel retire after length of service with 20 or more years of military service (Article 13 of the Law of the Russian Federation of February 12, 1993 N 4468-1*(1)).
Which military personnel can work in state and municipal institutions? To answer this question, it should first be noted that, by virtue of Art.
10 of Law No. 76-FZ, a military serviceman does not have the right to engage in other paid activities, with the exception of teaching, scientific and other creative activities, if they do not interfere with the performance of military service duties.
That is, the military can carry out this activity in parallel with military service.
But military personnel can carry out other activities in other organizations and institutions: those dismissed from service and removed from military registration; discharged from service and enlisted in the reserves; enlisted in the reserves in cases established by Art. 52 of Law No. 53-FZ; retired;
retired due to length of service.
We are hiring a former military man
And so, when applying for a job, a former military man must provide a number of documents in accordance with Art. 65 Labor Code of the Russian Federation.
Moreover, if he did not combine military service with teaching or scientific activities and did not work before military service, then he does not have a work book or pension certificate and the employer will have to issue them.
The main documents presented when employing a former military man are military registration documents: military ID, temporary certificate or certificate of a citizen subject to conscription.
For your information.
The forms of military registration documents, as well as the forms of documents by which primary military registration is carried out in local government bodies, the procedure for their maintenance and storage are established in Appendix 9 to the Instructions for ensuring the functioning of the military registration system for citizens of the Russian Federation and the procedure for conducting inspections of competitions for the best organization of implementation military registration, approved by Order of the Minister of Defense of the Russian Federation dated July 18, 2014 N 495.
When providing former military personnel with military registration documents, the employer should make sure that he is actually released from military service. Only after this can an employment contract be concluded.
If at the time of hiring a serviceman does not have military registration documents, but there is, for example, only a dismissal order from a military unit (which, in principle, is also proof of dismissal from military service), in order to avoid problems, we recommend that you do not rush into drawing up an employment contract. Alternatively, you can first conclude a civil contract.
Source: https://www.oboznik.ru/?p=58122
Study and experience
Military service is included in the length of service. This is normal. What should those who did not go to serve but prefer to study at a university do? Is this period counted as insurance or work experience?
Since 2007, studying at a university is not taken into account at all when assigning a pension. The thing is that during these periods no contributions are made to the Pension Fund. This means that the time spent studying does not affect your future pension. During military service, appropriate contributions are made by the state.
What is not taken into account in the overall experience
It is clear what is included in the work experience. And the insurance company too. It is useful to find out which periods are not taken into account in the total length of service. This means that specific periods of time will in no way bring a citizen closer to retirement.
So far in Russia the following are not included in the total length of service:
- periods of stay in besieged Leningrad;
- education;
- living under occupation during the Second World War;
- stay in concentration camps;
- care for parents and other legal representatives;
- supervision of minor children with HIV infection.
That is, if a person begins to examine his parents without formalizing official care for an elderly disabled person, these periods will not be counted toward him. Neither in the insurance period, nor in the labor record. Exactly the same as in the case of training, taking courses or retraining.
Start of work
At what point can you start “accumulating” your work experience? After all, the sooner you start, the better.
Military service is included in seniority under certain circumstances. They have already been mentioned. Starting work in Russia is allowed at the age of 14. Accordingly, from this moment you can gain work experience and accumulate experience for retirement.
Otherwise, everyone decides for themselves when to officially find a job. Some people do not work all their lives and have no work experience. Some start working while still at school. It all depends on the individual and his desires. But, as already mentioned, the legislation of the Russian Federation allows you to issue work books from the age of 14.
conclusions
From now on it is clear whether military service is included in the length of service or not. Is a corresponding note made in the citizen’s work book? The answer to this question will also no longer cause any difficulties. Moreover, we studied how to correctly enter records of emergency service in the mentioned document.
In fact, you need to be extremely careful about your overall experience. If you actively use non-work periods taken into account when assigning a pension, you can receive assistance in old age without official work. Not the biggest, but it will be there.
If a mistake is made
The question of how to make an entry if a mistake was made may be of interest not only to personnel officers, but also to the former serviceman himself. According to the law, any corrections or crossing out on the pages of a work book are unacceptable, with rare exceptions. Pages with data about work do not apply to this exception - you cannot edit here.
If an error was made, you must indicate that this entry is invalid. Below under it, in the same order, enter the correct one. A former service member should not worry about such errors; the main thing is that the information is entered correctly in the end. An important requirement for the handwriting of the person who enters the information is legibility, because many other people will have to read it.
