Work under a contract without a work book

Hello. From May 2014 to January 2015, he worked under a contract, receiving it in hand every month with a salary and payslip. The employer said that I no longer work for him. The reason is that the “other person” suits him better. He said that there was no need to even write a letter of resignation. The labor inspectorate and the prosecutor's office said that for work experience it is necessary to prove the employment relationship in court and that the entire period of work under these contracts is not included in the work experience. Please explain if this is true? The organization told me that all contributions to the pension were (you can make a request) and the entire period of work is included in the length of service, since every month they transferred from my salary to the Pension Fund. I don't know who to believe. It turns out that if there is no entry in the work book, then it seems like you didn’t work, but the employer says that you had experience. When I contacted the Employment Center of the Medvezhyegorsk District, I was also told that my contract agreements do not count towards my seniority. Please clarify my situation, if I don’t get my job back, will I at least retain my seniority or not? And what you need to do?

Sincerely, Sergey Anatolyevich Cherny

Everything was explained to you correctly by the labor inspectorate, the prosecutor's office and the Employment Center. A work contract is a civil contract. Deductions from it do go to the Pension Fund of the Russian Federation, but this does not automatically make such a relationship an employment relationship. In order for this period to be included in your retirement experience, you must prove in court the existence of an employment relationship with the employer. To do this, first submit a written request to the Pension Fund asking whether the disputed period will be included in your length of service for calculating your pension. If the answer is negative, then based on this answer you have the right to file a claim in court to recognize the existence of an employment relationship between you and the employer, to include the disputed period from May 2014 to January 2015 in your total work experience, and to your employer to make an entry in your work book as required. There is a similar practice and generally the court makes decisions in favor of workers. However, you will have to prove the existence of an employment relationship in court. That is, drafting a claim correctly is one thing. In a lawsuit, the employer will do his best to prove that he is right, and you will have to prove the opposite. Therefore, it is better to hire a lawyer/attorney to participate in the process.

Reply date: 30-11—0001 00:00

When work under a contract is counted towards the total length of service

A large number of people are sure that if they work under a contract, the time worked will not be included in the total length of service. After all, no entry is made in the work book. However, this is not entirely true. If certain conditions are met, the employee will not lose seniority even when working under a civil contract, but only for calculating the pension.

If the employer, during the entire period of work of the employee under the contract, made deductions of mandatory insurance contributions to the social protection fund, then all the time worked by the employee in the organization will be counted when calculating the length of service. Do not forget that only from July 1, 1993, mandatory insurance contributions became possible for persons working under a contract.

In this case, when calculating a person’s pension, all years during which contributions were made will be counted towards the length of service. And starting from 07/01/1998, the amount from which contributions to the social protection fund are levied is also taken into account. If the employee’s income did not exceed the minimum wage, then the period of work during this time is counted as seniority, and a special coefficient is applied in the calculation.

The nuances of dismissal

If an employee understands that he is not satisfied with the workplace, he has the right to terminate the contract or agreement without making an entry in the work book. If the document does not establish notification rules, you can leave on any day.

If the contract specifies its validity period, early termination occurs by agreement of the parties. In this case, the person is obliged to notify the employer several days in advance and write a statement.

Agreements, contracts and additional agreements offer many opportunities for self-realization; in some cases, citizens receive more than working with a work book for a permanent employer.

However, the absence of a record during registration makes a person less protected. The employer is not responsible to the employee and can terminate the relationship at any time.

When work under a contract is counted towards the total length of service

However, work under a contract, unlike an employment contract, has a number of risks and disadvantages. Thus, despite contributions to the pension fund, the length of service required to pay sick leave in the event of an employee’s illness, as well as to receive unemployment benefits in the event of permanent or temporary disability of the employee, does not increase.

In addition, no entries are made in the work book. And this can have a negative impact in case of employment in a new place of work. After all, the employer will see an interrupted length of service, and the employee’s length of service may not be long enough if he worked for a long time under a civil law contract. If you decide to agree to work under a contract, carefully read the contract itself. Often, the employer makes such mistakes in its drafting that the contract can be recognized by lawyers as an employment contract.

Therefore, if there is a choice, it is better to give preference to an employment contract, which includes the entire social package and protects the employee from many situations that may occur.

Why is work experience important?

Not only the calculation of a military pension depends on the length of service, which is why it is important not to lose a single year.

Since 2002, insurance experience has played an important role for every citizen. That is, the period during which contributions to the Pension Fund were paid for it. For example, the amount of disability benefits (sick leave) depends on this indicator:

for less than 5 years of experience, it will be 60% of the salary;
with length of service from 5 to 8 years – 80% of salary;
if the length of service is more than 8 years, then the employee is paid 100% of the regular salary.

Thus, military service by conscription for young men and women is not a lost year. This period is included in the length of service, therefore, when returning to work during official employment, the military man retains the required amount of sick leave.

Tip 2: How to determine work experience

When calculating pensions or benefits, calculate length of service (insurance, labor, general). When determining it, be guided by federal legislation. Confirmation of length of service is a work book, employment contract and other documents that indicate the fulfillment of the employee’s job duties.

— calendars for the years starting from the moment the employee began working;
- calculator;
- work book, contracts.

The insurance period includes all periods of work

. for which the employer accrued insurance contributions to the relevant funds. Write down, using the specialist’s work book or employment agreements (other agreements, contracts), the dates of employment and dismissal from one or another company. In other words, write the dates, months, years of periods of work in organizations.

What is required to pay insurance premiums?

Petr Kuznetsov draws attention to an important nuance: in order for the employer to pay insurance premiums, the employee must have an individual personal account insurance number (SNILS). “If, when applying for a job, it turns out that the employee does not have SNILS, the employer sends a request to receive it to the appropriate branch of the Pension Fund. You can also obtain SNILS yourself at the territorial branch of the Pension Fund. The pension fund opens an individual personal account for the citizen, which displays the entire insurance period, contributions and other data of its owner. The owner of SNILS has the opportunity to control the payment of insurance contributions by the employer,” explains the lawyer.

Tip 5: How not to lose your seniority

Work experience is a set of periods of a person’s working or social activity. Its calculation is carried out in the manner established by the Labor Code of the Russian Federation. The receipt of guarantees and compensation provided for by current laws and regulations of the Government of the Russian Federation depends on the length of work experience. Therefore, it is important not to lose your experience and take into account all the periods when you received official wages or social benefits.

The document in which the employer is obliged to record all periods when a person worked at his enterprise is a work book of the established form. Based on the entries made in it, your total length of service will be calculated. The duration of your work in each company must be recorded - indicating the date when you began performing your duties and the date of dismissal. All records made by the HR department must be certified by the seal of the enterprise.

Often employers do not want to make timely records of hiring, since from that moment they will have to pay taxes to the budget for hired employees. If you do not want to lose your seniority, demand from your employer that all entries in your work book regarding employment are made in a timely manner. The employer is obliged to do this no later than 3 days after you start working at his enterprise. It does not matter whether you are employed on a temporary or permanent basis.

The concept of “continuous work experience” no longer exists - the period of time between dismissal and placement in a new job can be arbitrarily large. But keep in mind that periods of temporary disability during which you officially received benefits from the state are also taken into account when calculating your length of service.

Periods of participation in public works, moving and looking for work in the direction of the state employment service, or serving a criminal sentence, confirmed by relevant documents, will also be included in your work experience. Collect and store all necessary documents confirming the temporary impossibility of your employment.

In the event that you were forced to leave work to care for a disabled person of group 1, a disabled child or an elderly relative whose age exceeds 80 years, be sure to register with the social insurance authorities. This will also allow you to include this period in your total work history.

Monitor the correctness of making entries and filling out the work book. They must be easily readable, and the company's seals must be clear and smudge-free.

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Throughout his life, a person continuously works: he studies at university, serves in the army, and goes to work. All this is not a waste of time, since for each individual citizen all his work is recorded and tracked by the state. Why is seniority so important? It is based on this information that the state pays pensions and unemployment benefits if a person finds himself in such a situation. In order to understand this situation in more detail, let's study this concept more carefully.

What is work experience?

Work experience is the length of work activity of each person. The regulatory framework is set out in the Federal Law “On Insurance Pensions” dated December 28, 2013 N 400-FZ and in the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 N 173-FZ.

Concept and legislative framework

The concept of seniority was discussed earlier. Speaking about length of service, it is necessary to refer to such concepts as “labor pension” and “insurance period”. According to Federal Law No. 173, a labor pension is a monthly payment in cash equivalent as compensation for wages and other payments that are currently impossible due to a citizen’s incapacity for work or his retirement.

It is necessary to take into account the right to receive a labor pension.

Insurance and labor pensions are synonymous.

Its functions and application in practice

The functions of seniority include:

Providing security;
Regulator of the amount of this security

Receiving a labor pension is only possible if you have worked for a full 15 years. In order to better understand, consider an example of calculating work experience:

For example, Sidorov I.I. got a job on March 5, 2005. Then, he quit of his own free will, as he found a better-paid job and had already agreed to take it on March 7, 2010. In addition, citizen Sidorov performed military service for one year. Let's say today is March 18, 2021. What is the citizen’s work experience at this moment? It is equal to the sum: 5 years and 2 days + 1 year (military service) + 8 years and 11 days (years can also be converted to months). Total, Sidorov I.I.’s work experience equals 14 years and 13 days.

Existing types

There are 3 types of internships:

Total length of service (total duration of work, regardless of whether the person was fired or not, + other socially useful activities;

What kind of work is included in the work experience?

What we consider to be work experience is not always what it is. Let's talk about general work experience and what it actually includes.

Firstly, any work is included in the length of service if the employer paid taxes to the Pension Fund of Russia (PFR). Thus, if this condition is met, then both permanent and temporary work count towards seniority.

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Types of work experience and their reflection in the work book

Work experience is one of the grounds for assigning almost all types of pensions in the Russian Federation.
The length of work experience also has an impact:

to determine an employee’s right to annual paid leave,
amount of sick leave payment and
in a number of other cases.

Since January 1, 2002, the Pension Fund of the Russian Federation has maintained individual personal accounts for all citizens insured in the compulsory pension insurance system . Therefore, information about the work experience of citizens registered in the compulsory pension insurance system cannot be lost or distorted.

Documents confirming work experience, in addition to the work book and personal account details with the Pension Fund, can also serve as:

written employment contracts;
personal accounts and payroll statements;
certificates and statements about the duration and nature of the work.

The same documents can confirm work experience if incorrect or inaccurate entries are found in the work book.

Seniority

Article 2 “Basic Concepts” of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” defines:

length of service is used in Russia when assigning and calculating certain types of pensions;
it represents the total duration of a citizen’s periods of work.

By virtue of Article 121 “Calculation of length of service giving the right to annual paid leave” of the Labor Code of the Russian Federation, employees have the right to annual paid leave after six months of work at the enterprise.

Given the different calculation and determination procedures, the length of service for vacations should be distinguished from the length of service for pensions.

Insurance experience

Another type of experience is insurance experience. It is used to determine the amount of temporary disability benefits.

Article 7 “Amount of benefit for temporary disability” of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”:

a gradation of sick leave payments has been introduced depending on the total period of work;
The maximum amount of sick pay is 100% of average earnings after 8 years of work. This period includes all periods during which the citizen performs his official duties.

Information about the employee’s length of service required to establish pensions is reflected in the citizen’s work book. It follows from Article 66 “Work book” of the Labor Code of the Russian Federation that other documents can be used to confirm work experience.

However, the Pension Fund of the Russian Federation:

first calculates the length of service using the work book;
in addition to it, the employee can provide contracts and certificates from the archives. These documents can also assist in establishing periods of work and calculating length of service for pension purposes.

Total work experience

With the transition to a compulsory pension insurance system, the concept of “total length of service” has practically lost its meaning, but not always.

Total length of service is a somewhat generalized concept and, today, quite rarely used. Before the abolition of the relevant norms of Russian legislation, the total length of service was taken into account when assigning pensions for old age, disability or in connection with the loss of a breadwinner.

But in 2002 and 2012, pension legislation underwent a number of fundamental changes:

from January 1, 2002, after the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” came into force, there was no longer a need to calculate the total length of service when assigning pensions;
the new pension provision procedure involves taking into account the insurance period;
it includes all the time during which insurance contributions were paid for the employee to the Pension Fund of the Russian Federation, and some other periods counted towards the insurance period in accordance with the law;
The longer the period of accumulation of contributions, the higher their amount, the larger the pension.

In fact, the pension system has switched to insurance principles that are still in use today and enshrined in Federal Law No. 400-FZ of December 28, 2013. "On insurance pensions."

However, for certain categories of citizens, the length of total work experience is still important:

As before, the total length of service is taken into account when determining the right of military personnel to a pension for long service in connection with reaching the age of 45.
Article 13 “Conditions determining the right to a pension for length of service” of Law No. 4468-1 of February 12, 1993 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, turnover control bodies narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, and their families"
And also when determining the right of police and prosecutor’s office employees to be awarded the next class rank or title, establishing additional pay for length of service, and receiving additional leave.
Article 41 “Guarantees for a police officer elected (appointed) to a legislative (representative) or executive body of state power or to a local government body” of the Federal Law of February 7, 2011 No. 3-FZ “On the Police”, Art. 43.1 “Guarantees for an employee elected as a deputy or an elected official of state authorities or local governments” of the Federal Law of January 17, 1992. No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”
Read also: Sick leave for caring for a disabled child: how is it issued, how is the benefit calculated and what affects it?
Payment of a bonus for the duration of continuous work to employees of healthcare institutions and health centers of the Federal Customs Service is also made taking into account the duration of continuous work experience.

Order of the Federal Customs Service of Russia No. 1412 of November 13, 2008 “On approval of the Procedure for paying employees of healthcare institutions under the jurisdiction of the Federal Customs Service of Russia and health centers bonuses for the duration of continuous work in healthcare institutions”

In addition, some employers independently set bonuses, the amount of which depends on the length of total work experience. Therefore, in some cases it is still necessary to calculate the total length of service using standard methods for confirming it.

Special work experience

General work experience should not be confused with special work experience:

When calculating special work experience, only periods of employment in individual industries or localities are taken into account.

Despite the fact that in the current pension legislation the concept of special work experience, as well as general work experience, practically does not appear, the previous procedure for calculating work experience in special working conditions (social, climatic and others) is still in effect.

Thus, the old-age pension is established taking into account the special length of service:

in harmful or dangerous conditions;
in regions of the Far North or equivalent areas;
while serving in the ranks of the Armed Forces of the Russian Federation;
when performing state civil service;
in the field of civil aviation, education, healthcare.

Length of service

Length of service is a special type of special experience that gives an employee the right to a pension regardless of age, but only upon dismissal from the job in connection with which it was assigned.

How to calculate length of service using a work book

When calculating length of service using a work book, it is important to take into account that in this case the length of service includes periods of time when the employee performed his job duties. In addition to the work itself, this includes other segments provided for by Federal Law No. 400-FZ of December 28, 2013. "On insurance pensions."

The list of such periods is quite long. However, it is possible to calculate length of service using a work book only in relation to periods of work.

This conclusion follows from the content of the Labor Code of the Russian Federation and the Rules approved by Decree of the Government of Russia dated April 16, 2003 No. 225 “On work books.”

In accordance with these regulatory documents, work books reflect both the moment of registration for work and information about the dismissal of individuals. The specified dates should be used to calculate the length of service according to the work book.

The procedure for calculating work experience

To calculate the days, months and years worked by an employee (work experience), entries in the “Work Information” section of the work book are used.

The calculation formula is simple:

Total work experience

Sum of end dates of each period of employment (DD.MM.YYYY)

—

Sum of start dates of each period of employment (DD.MM.YYYY)

First, we write down all the dates of hiring and dismissal from the work book;
We separately sum up the dates of hiring (years, months, days), separately – the dates of dismissal, so that we get two sums;
from the second amount (dismissal) we subtract the first;
we evaluate the result - if the final value is positive, everything is in order, if it is negative, we look into it further;
if the months indicator is negative, we reduce the number of years of experience by one, and add 12 to the number of months and reduce by a negative number of months;
if the days indicator is negative, we reduce the number of months by one, adding 30 (minus the negative number of days) to the total days indicator.

After calculating the length of service, we add one day to each period taken into account - “hiring - dismissal”. This must be done because with the calculation method described above, one day is lost in each period. We convert the resulting number into years, months and days, taking the same number of days for all months, equal to 30.

Confirmation of general work experience without a work book

Since January 1, 2002, the Pension Fund of the Russian Federation has maintained individual personal accounts of all insured persons, therefore the Pension Fund has information about the length of service of registered citizens.

But how to confirm the work experience accumulated before registration? Or, what to do if the work book is damaged or lost?

In these cases, you can confirm your work experience using other documents:

written employment contracts;
personal accounts and payroll statements;
certificates and statements about the duration and nature of work issued by employers or relevant municipal (state) bodies, for example, archives.

In a similar way, you can confirm your work experience if incorrect or inaccurate entries are found in the work book.

If a case of mass loss or destruction of work books and other employer documents confirming the length of service of employees is being considered, a special commission is assembled:

The commission’s task is to clarify the circumstances of the loss of documents and restore information about the work experience of their owners.

Unfortunately, sometimes it is impossible to restore documentary data on work experience.

In this case, they resort to the help of witnesses, and most often they have to prove their experience in court:

periods included in the length of service are established on the basis of the testimony of two or more witnesses;
The testimony of one witness in such a situation is not enough.

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

INSURANCE EXPERIENCE

Is working under a fixed-term employment contract included in the length of service?

Excuse me, what year do you live in? what length of experience? even if you were born before 65 years of age. deductions. contributions, and only contributions, will affect your pension. although there is some new pension system project, nothing is clear.

According to the new reform, insurance experience is required. And how many more will there be? It's better to play it safe. It works - let the experience go. He hasn't hurt anyone yet. Well

Find the beginning of everything, and you will understand a lot.

Of course, a fixed-term employment contract is included in the length of service both for paying for hospital elevators and in the general length of service. The question is what is the reason for the employment contract concluded with you. All reasons are reflected in Article 59 of the Labor Code of the Russian Federation. If none of the reasons apply to you, then the contract is considered concluded for an indefinite period.

This is more of a question for an accountant, if contributions to funds (pension, social insurance fund) come from the contract, then yes, it is counted, if not, then no. and working under a fixed-term contract will not solve anything in your case, the labor record should be there and there will be the same number of records, but the length of service will count. work as you work, let them fire you from one company to another in the order of transfer, so at least it will be possible to explain to another employer why there were frequent layoffs. Now many people have labor ones with a bunch of inserts, no big deal.

Is work under a civil contract included in the length of service?

Hello, gentlemen, lawyers?

My question concerns labor legislation.

In March of this year, I got a job in one of the divisions of a large company. At the beginning of this week, I learned that, due to the fault of the clerk, my documents were not transferred to the head office of the company and, in connection with this, my official enrollment was not carried out: the order was not issued, the entry into the employment record book was not made. The company's lawyer explained to me that it is not possible to make a retroactive transfer. And she suggested that for this period of time (just over 3 months) we draw up a civil contract (retroactively). And from the day of its completion, official registration will be carried out.

The actual question is: will the period of work under a civil contract be included in the length of service when calculating a pension? And is there any other solution to this problem so that my interests are respected?

June 16, 2013, 18:00 Podgornaya Inna, City not specified

Working with individuals

If your employer is not a legal entity and does not hire you to perform duties for the purpose of earning money, then he cannot make changes to your work record. This category includes activities such as: gardener, cleaner, nanny, etc.

Although this type of worker has a place of work, a work schedule, and a fixed salary, a note about such activity cannot be included in the work book, since individuals do not have the right to make changes to this document.

Lawyers' answers (4)

The answer is yes, if they pay a contribution for you under this agreement to the Pension Fund of the Russian Federation on your SNILS.

Decree of the Government of the Russian Federation of July 24, 2002 N 555 “On approval of the Rules for calculating and confirming the insurance period for establishing labor pensions”

8. The periods of work under a civil law contract, the subject of which is the performance of work or the provision of services, are confirmed by the specified contract, drawn up in accordance with the civil legislation in force on the day the relevant legal relationship arose, and the employer’s document on the payment of mandatory payments.

In this case, the duration of the period of work included in the insurance period is determined according to the validity period of the contract corresponding to the period of payment of mandatory payments. In cases where the validity period of the agreement is not established, the duration of the specified period is determined based on the period for making mandatory payments.

16 June 2013, 18:42

Is the length of service covered by the employment contract?

This, in particular, includes the period of military or other service (in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system). The insurance period can be calculated based on entries in the work book.

When a work record book is not kept, periods of work under an employment contract are confirmed by a written employment contract drawn up in accordance with the law. The insurance period is calculated on a calendar basis.

If several periods counted in the insurance period coincide in time, one of such periods is taken into account at the choice of the insured.

Have a question for a lawyer?

Another solution to the problem is BY COURT OR THROUGH THE LABOR INSPECTORATE, TO OBLIGATE THE EMPLOYER TO FILE AN EMPLOYMENT CONTRACT, AN ORDER OF EMERGENCY, REGISTRATION IN THE LABOR INSPECTION AND TO PAY CONTRIBUTIONS TO THE RF PF.

16 June 2013, 18:44

Work under a civil law contract is not included in the continuous work experience, but is included in the insurance

experience. This, of course, is related to insurance premiums: for work performed under contract agreements, payments are made to the Pension Fund (therefore, this period is included in the insurance period, which is confirmed by the contract agreement, and not by entry into the employment record), and no contributions are made to the Social Insurance Fund (therefore, this period is not included in the continuous service and you need to forget about sick leave).

16 June 2013, 22:20

I believe that since your rights were violated by the employer, insist on concluding an employment contract with you. Motivate by saying that you don’t want to lose your seniority, remind that you know about the existence of the labor inspectorate.

17 June 2013, 18:39