When the work under the contract shall be counted in the total length
A large number of people believe that in the case of work for contract time worked will not be included in the General seniority. Because the record in the workbook is not done. However, this is not entirely true. Subject to certain conditions, an employee will not lose seniority even when working under civil contract, but only for calculation of pension.
If the employer throughout the period of the employee under the contract has contributed to the mandatory insurance contributions to the Fund of social protection of the population, all the time worked by the employee in the organization, will be credited in the counting of seniority.
Do not forget that only 01.07.1993 year were a possible mandatory insurance contributions for persons employed under the contract.
While calculating pension of the man all the year, during which contributions were made, will be reckoned as work experience. And since 01.07.1998 years, counted and the amount charged is paid into the Fund of social protection. If the employee's income does not exceed the amount of the minimum wage, the work period at this time there is to experience, at the same time when counting is a special ratio.
When the work under the contract shall be counted in the total length
However, the work under the contract, unlike a labor contract, has a number of risks and disadvantages. Thus, despite the contributions to the pension Fund, the experience required for the payment of sick leave in case of illness of an employee and receipt of unemployment benefits in case of permanent or temporary incapacity of the employee, not increased.
Besides, there is no records in the workbook. And this can have a negative effect in the case of employment in a new job. Because the employer will see interrupted the seniority, and the seniority of the employee may not be big enough if he has long worked under the contract of civil nature.
Deciding to accept work under the contract, carefully read the contract itself. Often the employer makes such oversights in its construction that the contract may be declared by labour lawyers.
Therefore, if there is a choice, it is better to give preference to the employment contract, including all benefits package and protects the worker from many situations that can happen.
Advice 2: How to determine the work experience
When calculating pensions or benefits calculate the seniority of the employee (insurance, employment, General). In its definition refer to Federal law. Proof of experienceand is a labor book, labor agreement, and other documents that indicate the performance of official duties of the employee.
You will need
- calendars for the years since commencement of employment by the employee;
- - labor book, agreement.
In the insurance seniority includes all periods of workfor which the employer was accrued insurance contributions to the appropriate funds. Write using the work book of a specialist or the employment contract (additional agreements, contracts), dates of admission and dismissal from the company. In other words, write the day, month, year periods of employment in organizations.
Using the calendar, select the total number of days for each period of execution of labor duties. If the contract or the workbook is written only a month, take into account the 15th of this month. When the confirmation document is only a year, and the month is not entered, then assume the first of July.
Add up the calendar days of each other for all periods of employment of the employee. The result is the total number of days of seniorityand the employee.
Select a full year to get the number. For them it is recommended to take 360 calendar days.
Determine the number of full months in the insurance experienceis, For them, should take 30 calendar days.
Thus, you get a period insurance experienceand for all periods of employment specialist. It should look like, for example, as follows: "15 years, 3 months and 14 days."
If you determine the insurance experience for the calculation of sickness benefit, work in your company should be included with the acceptance of employee in post until the actual date of counting experience.
Currently there accumulative experience. The employee who has confirmed employed prior to 01.01.2002, the insurance experience will include periods of study at an educational institution, caring for a child up to three years, care of a disabled child up to 14 years, and other cases that are regulated by law. During the work of the employee after 31.12.2001 year expect the experienceon the basis of rules prescribed in Federal law No. 255.
Advice 3: As not to interrupt seniority
Continuous employment seniority is the length of last continuous service in the same enterprise or to several enterprises under the condition that the interruption did not exceed the limits laid down by law.
The concept of continuous seniority was relevant until 2007. Experience could be interrupted if the employee changes the place of work for a good cause, not concluded within one month of a new employment contract. At dismissal at own will without valid reason, this period is reduced to three weeks.
Seniority is not interrupted by service in the armed forces, if the date of discharge from the army before the conclusion of a new employment contract was held not more than a year. In that case, if during the year, twice changed jobs, going back home on their own, the experience of losing continuity. The reason for the automatic termination of continuity of employment was the dismissal of an employee for committing an immoral act or a violation of labor discipline.
In accordance with Federal law of 29.12.2006 of the year "On compulsory social insurance in case of temporary disability and in connection with motherhood", which entered into force on January 2007, the amount of the allowance against temporary incapacity for work now does not depend on continuity of employment. Now attention is directed to the insurance experience of the worker, that is, the period of time when the employer contributed insurance premiums - the payments for compulsory insurance.
Currently working experience necessary, mainly as evidence of experience, as well as those people whose duration of insurance prior to 01.01.2007 less than the length of uninterrupted service until the same date. Therefore, you have the right to quit any number of times during the year without good reason, and it will in no way affect the amount paid to you benefits.
Despite the fact that the concept of "continuity of employment" and no longer relevant, at the conclusion of the employment contract the employer can determine to provide workers with certain benefits by duration of continuous operation from him. In addition, a large number of dismissals without good cause tells about the impermanence of a man who could become the indirect cause of denial of employment.
In some private cases and disputable questions, concerning continuity of employment, seek the advice of an attorney.