Missing information about wages or work experience can be filled in by obtaining a certificate from the archive about wages for calculating a pension
When the time comes to apply for and receive a pension in connection with reaching a certain age threshold, potential pensioners are often faced with the problem of lack of documentary evidence relating to their working life. To fill out these papers again or for the first time, pensioners only need to find their work book, drawn up in accordance with all established rules, and find out where the archive of wages for calculating pensions is located .
Application for establishing the fact of work
A statement about establishing the fact of work can help a person confirm the existence of an employment relationship. Such cases are considered as special proceedings. There is another way to protect labor rights in order to confirm the fact of working for a certain employer - a statement of claim to establish an employment relationship. Consideration of a claim is more complex than an application. And the need to have certain knowledge about the collection and presentation of evidence in a civil case.
What is the difference between a statement of fact of work and a statement of claim? What method to use, what evidence to present and how to justify your position? The answers to all these questions are posted below. General information about cases considered under special proceedings can be found at the link Statement of Establishment of a Fact of Legal Significance.
Application for establishing the fact of work
Application example
STATEMENT ON ESTABLISHING THE FACT OF WORK
On September 17, 2021, I applied to the branch of the pension fund in the Bolsheyarsky district of Astrakhan to receive an old-age pension. During the registration of the pension, it was established that the work experience did not include the period of work as a driver at the Oktyabrenok collective farm (the village of Novoeletsk, Astrakhan region) in the period from 1988 to 1993.
According to written explanations from Pension Fund employees, the work record was incorrectly recorded in the work book. Namely: specific dates of hiring and dismissal are not indicated (numbers are missing), and the stamp of the collective farm is “October”, not “Oktyabrenok”. In connection with this circumstance, I was denied credit for the period of work from January 15, 1988 to April 1, 1993 at the Oktyabrenok collective farm and was recommended to establish the fact of work through the court.
The entry was completed incorrectly, since the HR department employee made a mistake; the renaming of the collective farm in 1991 was not indicated. Now it is impossible to correct the records, since the collective farm has been liquidated.
The fact of working on the Oktyabrenok collective farm can be confirmed by the former chairman of the Soviets Roman Alekseevich, the former personnel officer Vasilisa Igorevna Popova, copies of documents related to the work.
- To establish the fact that Vitaly Andreevich Popov worked on the Oktyabrenok collective farm in the village. Novoeletsk, Astrakhan Region, in the position of “driver” in the period from January 15, 1988 to April 1, 1993.
- Receipt for payment of state duty to the court
- Order for employment
- A copy of the applicant's work record
- Extract from the Unified State Register of Legal Entities in relation to the collective farm “Oktyabrenok”
- Copy of the archive certificate
- Certificates, letters of gratitude
- Collective farmer's book
- Petition to call witnesses
- Notification of sending documents to interested parties
01/20/2022 Popov V.A.
Evidence in the case
Preparing an application to establish the fact of work from the formal side will not be difficult. The main problem is collecting and presenting to the court evidence confirming the fact of work.
If the organization still exists, then first of all the citizen should contact it. If you do not have the required work documents, request a supporting certificate from the organization. Next, you should contact your local archive, where you will also need to obtain documents. Or a certificate indicating that documents confirming the fact of work were not received for storage.
As evidence of the fact of work at a certain time and in a certain place, you can use indirect evidence (orders for bonuses, vacations, certificates of gratitude). The best evidence will be that indicates specific dates, the name of the applicant and the name of the organization. The more such evidence there is, the easier it will be to prove your position in court.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Testimony from witnesses will also be good evidence in cases related to establishing the fact of work. Witnesses must have a similar period of work in the same organization, which is confirmed by a work record book.
Consideration of the case in court
After accepting the application for proceedings, the court schedules a hearing. At the preliminary stage, the court will evaluate the evidence already presented and pay attention to the need to present new ones. If a dispute about the right is discovered at any stage, a decision is made to leave the application without consideration. For the applicant, this means the need to file a claim.
The court's decision based on the results of consideration of the application to establish the fact of work (after entry into force) will become the basis for the occurrence of the legal consequences that the applicant expects.
Clarifying questions on the topic
Good afternoon. Please explain the difference between work experience and insurance experience. Thank you.
The insurance period is the period of work during which insurance contributions to the Pension Fund were paid for you. Work experience is the total duration of work activity.
Good afternoon. When applying for a pension, the employer did not confirm the length of service in the organization in 1999, despite the existing entry in the work book. The Pension Fund refused to include this period in the length of service for assigning a pension. What application should I make to court?
With a statement of claim for the inclusion of this period in the insurance period.
Hello! When assigning a husband's pension, the period of correctional labor is not included in the total length of service. “The period of work such and such is not included in the total and continuous work experience” - this is what is written in the work book. Where is the court decision? What is this entry based on? Can this be challenged in court? Thank you.
It all depends on the period when your husband served his sentence in the form of correctional labor. According to previous legislation, until July 21, 1992, such periods were not included in the length of service giving the right to a pension. You can appeal the refusal of the Pension Fund. however, judicial practice has developed in such a way that the courts refuse to satisfy the requirements, since the law does not have retroactive effect.
Does the rural experience include the work of a teacher in the special disciplines of agronomy, organization and reclamation of vocational schools, practical work was carried out on training in spring field work and harvesting
Good afternoon. To answer your question correctly, you need to know the exact start and end dates of work. Because at different periods of the development of our country, length of service was calculated according to certain rules.
Confirmation of preferential work experience through the enterprise archive
A month has passed, and there is no response to the request for information about work from the organization where they must confirm their work experience. I don't have enough points to receive a pension. I have enough experience, but no points. I live in a village, but I sent a request to the city where I used to work. I don’t have enough money to go on my own yet.
I sent the request on March 16, if there is no response, I will never receive a pension at all. From the local UPRF they answered me: “Gr. Novoseltsev A.V. at the age of 60 years with the required length of insurance service of 8 years, he has 8 years 5 months 29 days, with the required value of the individual pension coefficient of 11.4, he has 6.343.” I sent inquiries to several organizations that were not taken into account when calculating length of service. There is a nuance: from 1974 to 1989. served his sentence in colonies, but the length of service over these years is not taken into account, and certificates from all places of detention were sent. Please advise what should I do in this situation...
How to make a request for a certificate to confirm work experience
Pensioners quite often have to prepare an application for confirmation of work experience. However, individuals either do not know how to correctly draw up such a document and what information to enter into it, or have a rather vague idea about it.
I recently submitted an application that I had written, relying on intuition, but I never received a positive response, since the archive staff wanted to see completely different information in the document. After that, I consulted with a lawyer I knew, and he helped me draw up the application properly.
In the article I will talk about why a document of this kind is needed, what structure must be followed when preparing it, and also what information should be present in it. In addition, emphasis will be placed on the required application details.
Application for confirmation of work experience
If an individual needs a document confirming the work experience assigned to him during work for a certain period of time in a certain organization, then he should contact the archive. The corresponding request must be made in writing.
This request is made in the form of a statement, which states that the individual expresses a desire to have his experience documented. If, after considering the request, the archive staff has no complaints about the document, then the request expressed in the application will be granted.
The individual will be provided with a certificate indicating the duration of his work activity. An archival extract of this kind is an official document that can subsequently be submitted to the pension fund, as well as other organizations.
There is no strict form in which a request for the issuance of a certificate confirming the length of service of an individual must be submitted. In this regard, the application can be drawn up in free form, either by hand or electronically. However, in any case, do not forget about the general design rules.
Formatting the document header
As for the structure of the document, it is standard. The application must contain a so-called header, intended to display general information. Next, in the middle of the new line, the type of document is indicated (in this case, it is an application), and then all the other information is entered.
In addition, details must be present at the very bottom of the request. I propose to move on to discussing the design of each of the listed parts in more detail. Let's start with the introductory part, which should be written at the top of the sheet.
On the left side, it is necessary to indicate information about the organization at the request of which the applicant needed a certificate indicating the presence of work experience. On the right side are displayed the coordinates of the place where the individual worked in the past and, accordingly, now wants to confirm this fact.
The organization for which applicants make requests of this kind is usually the Russian pension fund. First of all, the official general name of this organization is indicated (Pension Fund of the Russian Federation), then a little lower it is stated that this is a government institution and the number of the main department is indicated, as well as the region and city in which it is located.
Next, the name of the pension department is displayed in quotation marks, and then the coordinates of the address where it is located are entered. First of all, the street name is indicated, then the house number, and then the city and postal code. Next are telephones and faxes. The right side of the header displays the type and name of the organization of which the applicant was an employee. In addition, the postal code and name of the city in which the institution is located, as well as the street and house are indicated.
I would like to draw your attention to the fact that after the block reflecting the coordinates of the pension fund, it is necessary to leave a space so that the archive staff, after receiving this request, hand-write the date on it, as well as the internal document number.
What to write in the request body
In the text of the application itself, it is very important to reflect exactly the necessary information and not write anything unnecessary. It is also important to differentiate data by meaning. This is done using paragraphs. Often, applications intended to certify work experience must contain the following information:
- Who needs help and where? It is necessary to begin filling out the main part of the application by indicating which organization asks the applicant to provide a certificate of this kind. All the same coordinates are written down, which are reflected on the left side of the header, only in a shorter version. Next, the purpose of the certificate is indicated, namely, it is written that it must confirm the presence of work experience. Then the last name, first name and patronymic of the individual is displayed, who needs to document that he was an employee of a certain organization for a certain period of time. Then the applicant’s date of birth is displayed, as well as the period of his work (the start and end date are indicated). In addition, you must write down what position the individual held;
- Requirements for the content of the certificate. Next, you need to express the requirements for the certificate in the form of requests. I advise you to ask that the document contain information about the orders on the basis of which the individual was hired and also dismissed. It is also worth expressing a request that the certificate provide information about the unpaid leaves in which the applicant was, as well as about all the names of the organization that have changed, from the period of his work to the present time. In addition, the certificate itself must contain references to the documents on the basis of which it was issued. Otherwise, the document will not have legal force;
- Additional data. You can also indicate that the individual who submitted this request urges you not to delay the response, since the certificate issued based on the results of consideration of this document is required for the calculation of pension benefits. The following are the documentary attachments to the application. Often their role is played by copies of work records. If the document occupies more than one sheet, then the request states how many pages the application consists of. This is done to prevent losses.
Mandatory document details
Without a certain number of details, the document is not valid. The signature indicates that the individual to whom it belongs fully confirms the accuracy of the information contained in the document.
If the information does not correspond to reality, then the person who certified it with his signature will be held accountable before the law. As for the request, it must contain a signature from the head of the pension department, who is responsible for calculating benefits to employees of the organization in which the applicant worked.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
The signature is placed in the center of the line, and a wet seal is placed on top of it. On the right side there should be its decoding (initials and surname of the owner), and on the left side the position of the individual and the name of the unit he manages.
The application can be written by an individual in his own hand or compiled electronically and simply printed out. If preference was given to the latter option, then we must not forget that electronic signatures and seals are unacceptable. The painting must be done by hand, and the seal must be exclusively wet.
The legislative framework
In the Appendix to the Order of the Ministry of Labor dated November 28, 2014 N 958n, salary certificates for pensions do not appear. Legislation requires a citizen applying for old-age benefits to:
- a passport that would confirm his citizenship and age;
- SNILS;
- a document on average monthly earnings for 2000-2001 (if there is none, similar information for any 60 months before 2002);
- document on insurance experience.
The latter must be confirmed in accordance with the rules established by Decree of the Government of the Russian Federation of October 2, 2014 N 1015. They call the work book the main proof of experience.
If a citizen worked in a different form (under a copyright license or under a GPC agreement), he must provide copies of these agreements and a certificate from the Pension Fund of the Russian Federation stating that the payments for it were actually made by the customers.
Thus, if this paper is required, it is only for the period before 2002. And if this period must be taken into account. Those who were not employed at this time or received too low a salary do not need it.
Form for a request to the archive to confirm work experience
The legislator does not establish a specific form for a request form for the archive to confirm work experience, so any interested person can prepare such a document independently. At the same time, it is worth remembering the mandatory details, the presence of which in the document will significantly increase the likelihood of a positive response to the submitted application.
In general, the request form may look like this:
- The name of the archival institution to which the application is sent.
- The applicant's full name, date of birth, residential address and contact telephone number.
- Statement
- Please issue an archival certificate confirming your work experience:
- name of the structural unit;
- Business name;
- position held;
- work period.
- A certificate is required for submission (indicate the location of the request and the purpose for submitting the document).
- Date of document preparation and signature of the applicant
How to write an application for confirmation of experience in an organization
Please confirm the fact of awarding the medal “Veteran of Labor” (assigning the title “Resident of Siege Leningrad”). Full name, contact details: Approximate name of the authority carrying out the awarding events: Requirements for requests The request is considered subject to the following requirements:
Archive specialists will explain in detail how to make a request to the archive to confirm your work experience. In what cases does the applicant apply? Current pensioners are faced with many problematic nuances when calculating pensions. The fact is that for many institutions of the Soviet period it is practically impossible to find legal successors.
Methods of confirming experience
After 2002, the procedure for confirming earnings based on length of service was simplified as much as possible, where the main confirmation criterion was contributions to the pension fund.
When it is necessary to make calculations of pension payments, the personal account in the Pension Fund of each individual able-bodied, registered citizen is taken into account, where all changes are reflected.
Before the pension reform in 2002, the procedure for confirming and restoring earnings based on length of service was fraught with certain difficulties.
There are two ways to confirm your experience.
- Documentary;
- Based on testimony.
The documentary method of confirmation involves the collection of all documents that can directly or indirectly confirm the fact of a citizen’s registration at the place of work, service, etc. for conversion into insurance.
At the same time, to confirm some documentary data, it is often necessary to make a request to the archive.
The testimonial method of confirmation is based on the testimony of witnesses who give testimony confirming that such and such a citizen was actually on the staff of a certain organization and has the necessary experience.
Collection of documents for confirmation
To calculate your pension, it is important to take care in advance of collecting documents that confirm periods of work. It’s best to wait 2-3 months beforehand, as the procedure may take a long time
If a work book is available and all periods of work are reflected in it, then in addition to it you may need:
- military ID;
- certificates of maternity leave;
- documents confirming the change of personal data (full name) of the applicant.
Request for a certificate to confirm work experience for the Pension Fund
To confirm work experience that is not reflected in the work book (for example, while working under the civil process, subject to the deduction of appropriate contributions), you can request a certificate from the pension fund.
It is needed, first of all, for submission to third-party bodies, for example, to the court. You can obtain it either by contacting the Pension Fund in person, or through electronic services, for example, “Gosuslugi”, as well as by registering in your personal account on the appropriate resource in the Pension Fund on the Internet.
Sample certificate
Other confirmation methods
If information about the employee’s length of service is not in the work book, or there are no corresponding records in the personalized accounting system, then there are other methods of confirmation, such as: certificates from the archive and witness testimony.
Archive request
Information about the facts of labor activity is not lost forever, but over time is sent to state archives, which, upon request, can provide a certificate about a particular period of work.
An application to receive documents from the archive can be submitted either by the citizen himself or by delegating these powers to the Pension Fund of Russia, whose employees themselves send requests as part of interaction between government agencies.
Sample application
The deadline for providing the necessary papers is 30 days.
According to testimony
In exceptional cases, length of service may be confirmed on the basis of witness testimony. They can only be used if there is archival evidence confirming the impossibility of providing the necessary information.
The testimony of at least two witnesses with whom the applicant had an employment relationship is taken into account. As a rule, this confirmation method is used in legal proceedings.
Archival certificate of work experience
A document from the archives to confirm experience is of two types:
- with confirmation of work experience;
- with confirmation of salary payments for a specific period.
The archive provides such reference data completely free of charge.
Design methods
To obtain an archival certificate, you must fill out an appropriate application containing the following information on the following points:
- Archive name;
- Some information of the applicant, including full name, and others depending on the specific archival organization;
- Place of residence and registration information;
- The period of time for which archival data is needed;
- Workplace information;
- Date, signature.
An application to the archival organization will be accepted only if the citizen has lost his work book.
Confirmation of preferential work experience through the enterprise archive
I sent the request on March 16, if there is no response, I will never receive a pension at all. From the local UPRF they answered me: “Gr. Novoseltsev A.V. at the age of 60 years with the required length of insurance service of 8 years, he has 8 years 5 months 29 days, with the required value of the individual pension coefficient of 11.4, he has 6.343.” I sent inquiries to several organizations that were not taken into account when calculating length of service. There is a nuance: from 1974 to 1989. served his sentence in colonies, but the length of service over these years is not taken into account, and certificates from all places of detention were sent. Please advise what should I do in this situation...
- This application can be sent by mail, after which a response in the form of an archival certificate (extract) will be sent to the address specified in the application.
- You can also personally come to the archive department with documents (passport, work book and SNILS) and receive a certificate about the required periods of work.