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Published: 05/13/2016
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Today, the main employee document is the work book. It is according to the data contained in it that the Pension Fund inspector calculates and issues a pension.
If you don’t have a book, you need to prove your work activity with certificates. A certificate of length of service will be needed from each enterprise where the newly minted pensioner worked.
- What is this document and why is it needed?
- Document structure
- How is it processed?
- Where and how to get it?
- Validity
We issue a certificate of work experience in the organization
At the request of a current or former employee, the employer is obliged to issue a certificate of length of service at this enterprise within 3 working days (Article 62 of the Labor Code of the Russian Federation). It is recommended to include the following information in the text:
- Name of organization, address, telephone numbers. You can additionally indicate OGRN, INN/KPP.
- Date of issue of the document and number (if numbering is carried out).
- Last name, first name, patronymic in full, passport details of the citizen to whom the certificate of experience is provided. If the surname has changed, then the details of the document on the basis of which such a change occurred (marriage certificate, etc.) are indicated.
- Position and length of service in the organization. Here we should also mention transfers, part-time work, assignment of ranks or categories, etc. In this case, the details of the supporting documents (orders) must be mentioned.
- If the company has been renamed, then the certificate must indicate this. At the same time, the data of those acts on the basis of which the changes were made are recorded.
The certificate is signed by the manager or personnel inspector by proxy (indicating the date and number of the latter). The document is certified by a seal.
Popular certificate forms
There are standard certificates, for example, a salary certificate - form 2-NDFL. It contains information about the employee's source of income, his salary and taxes withheld. Issued by the employer for a certain period (usually a year).
The form of the certificate for the calculation of temporary disability benefits by the future employer was approved by Order of the Ministry of Labor of the Russian Federation dated April 30, 2013 No. 182n. Contains information about:
- on the amount of salary for the two calendar years preceding dismissal and the current year for which insurance premiums were calculated;
- how many calendar days of the specified period fell during periods of temporary disability, maternity leave, child care, release from work with full or partial retention of wages, if insurance contributions to the Social Insurance Fund were not accrued on the retained wages for this period.
The employer must issue such a certificate on the day the employee is dismissed, otherwise the employee has the right to apply for it later.
regarding average earnings for the last three months if the employee decides to register with the employment service.
Important! There is a recommended form for such a certificate in Letter of the Ministry of Labor of the Russian Federation dated August 15, 2016 No. 16-5/B-421. |
You can draw up a certificate in any form; only the details of the enterprise and information about average earnings for the specified period are required.
To obtain the right to a pension you will also need certificates from work:
- in the form of SZV-experience, approved by Resolution of the Board of the Pension Fund of the Russian Federation dated January 11, 2017 No. 3p;
- in the SZV-M form - by Resolution of the Board of the Pension Fund of the Russian Federation dated 01.02.2016 No. 83p;
- completed third section of personalized information for calculating insurance premiums - the calculation form is approved by Order of the Federal Tax Service of the Russian Federation dated October 10, 2016 No. ММВ-7-11/ [email protected]
When is a certificate of employment issued for a visa ? This document is required by the embassy; it certifies the reliability and solvency of the tourist.
Not only the listed types of certificates are required to be issued by the employer.
Example When applying for child care benefits, you will need a certificate from the second parent that he does not receive similar compensation at his job. |
When providing additional days off while caring for a disabled child, a certificate from the other parent’s work is also provided stating that he did not take advantage of this right.
Some types of certificates are directly regulated by the Labor Code. For example, Art. 283 requires the provision of a certificate about the nature and conditions of work at the main place of work when applying to another organization on a part-time basis.
Let us remind you that combination is prohibited if the main work involves harmful or dangerous conditions. |
An employee may request information about the approved vacation schedule in the main organization in order to receive vacation from a part-time job.
Important! Art. 286 of the Labor Code states that annual paid leave in the place of combination is provided simultaneously with leave for the main job. |
Also, a new employer may ask to bring a reference from the new employee’s place of work.
This is an incomplete list of what a work certificate may be required for and what information it may contain. Currently, the employer prepares and issues many certificates on the day of dismissal without the employee’s application.
Certificates of general, continuous, insurance experience
According to the current pension and labor legislation, the concepts of “total length of service” and “continuous work experience” have lost their relevance. Currently we can only talk about insurance experience. However, not all citizens’ work activity is covered only by the insurance period, since we calculate it only from January 1, 2002. Periods of work before 2002 constitute seniority. Therefore, if a certificate of general experience is required, then it includes both labor and insurance experience.
You can request such a document at your last place of work, since upon employment they always make a photocopy of the work record book. Just like a regular certificate, the employer prepares this paper in no more than 3 working days.
When drawing up a certificate, the personnel service employee simply adds up the periods of work by the number of years, months and days in the manner prescribed by Chapter 3 of the Law “On Insurance...” dated December 28, 2013 No. 400-FZ. Further, the document reflects the total duration of working time. The basis indicates the numbers of entries in the work book.
A sample certificate of insurance work experience can be downloaded here.
Validity period of the certificate
Important! There is no limiting validity period for the certificate. The information that is indicated in the document cannot change over time, and therefore corresponds to reality at any time.
The pension fund can only require a fresh certificate for salary. However, you can request such a certificate from one employer several times; there are no restrictions on the number of the document itself and copies of documents attached to it. The employer must issue the document to the employee as many times as he writes the relevant statements. The only existing limitation for the employer is the period for issuing such a certificate, including copies of it.
How to obtain a certificate from the Pension Fund of the Russian Federation?
If for various reasons it is not possible to obtain information about the length of service from the employer, a citizen can apply for the issuance of such information directly to the Pension Fund of the Russian Federation. This is done at the territorial office of the Pension Fund, through MFCs (multifunctional centers), a personal account on the Pension Fund website or a government services portal.
Data is transmitted in the SZI-6 form on the status of an individual personal account. The certificate is provided free of charge within 10 days from the date of application. It should be noted that the Pension Fund has data only since 2002.
Thus, a certificate of length of service is drawn up independently by the employer in the form established by the organization. Information about the length of service can also be obtained from the Pension Fund upon personal request.
Source of the article: https://nsovetnik.ru/trudovoj_stazh/obrazec_i_poryadok_zapolneniya_spravki_o_stazhe_raboty/
Nuances that may arise upon receipt
If the work book was kept in an orderly manner, then problems are impossible by definition.
Difficulties can arise only with organizations that have ceased operations. Then we can only hope that their documentation was transferred to the state archives.
Troubles can also arise if the document is drawn up carelessly - with missing details or blots. This will serve as a basis for seeking to have it declared invalid through the court. Therefore, it is better to immediately send a new request, since there are no restrictions on this.
Sample application for confirmation of work experience in 2021
Labor (insurance) length of service refers to the period of time of official work of a citizen of the Russian Federation, confirmed by the contents of the work book.
According to Federal Law 400 of the Russian Federation, an age pension is established for citizens upon reaching the required minimum length of service.
Earned experience influences the following factors:
- Old age pensions.
- Vacation.
- Illness benefit.
Downloads:
Methods and order
The procedure for certifying the achieved experience is regulated in Art. 14 Federal Law No. 400-FZ dated December 28, 2013 “On insurance pensions.”
As in the previous pension law until 2014, the standards for certification of length of service are directly dependent on the time of working activity:
- Before registration - as an insured employee in pension insurance offices.
- After registering with the same authorities as an insured employee according to the adopted Federal Law No. 27-FZ1 of April 1, 1996.
The time of such registration for the insured person is displayed in the insurance certificate, according to the assigned personal personal account number (SNILS) in the offices of compulsory pension insurance.
How to write an application for confirmation of work experience
Today there are no requirements for drawing up applications for certification of earned experience, so you can send letters to the addresses of organizations where a person worked or to archival institutions in any form.
The letter requires a request to confirm the fact or time of labor relations in a specific enterprise or earned experience in the organization, displaying the position, or to provide the amount of salary during the working period in the organization.
A photocopy or an excerpt from the work book is attached to the request.
The text of the request looks approximately as follows: “According to Art. 62 of the Labor Code of the Russian Federation, I ask you to provide a certificate to certify my earned experience in calculating my pension...”
If the company in which the applicant worked was liquidated, then you need to contact the archives. When you come to the archive in person, the request is filled out according to the accepted template, which is provided by the archive employee.
All information about liquidated organizations is located in the local archives of the regions. Any adult has the right to access the archive. Archives staff will always tell you how to fill out an application form to the archives to receive a certificate confirming your work experience.
It should be noted that today's pensioners are faced with a number of problems when calculating pensions, since many institutions from the USSR period have been re-registered without displaying legal successors in the statutory documents. Such institutions do not want to provide certificates confirming the work activities of former employees.
Meanwhile, the length of service, the amount of pension and social benefits depends on:
- Availability of a grace period.
- Having specialized experience.
- Work experience in government organizations.
- Position held.
Therefore, if a future pensioner has identified shortcomings in the documents, they urgently need to correct them. Possible disadvantages when applying for a pension:
- The work book is lost or the entries in it do not correspond to reality;
- The institution's stamp on admission or dismissal is not clear;
- There is no record of enterprise reform;
- The name of the institution does not match the name in print;
Certificate of employment - what is required for?
Usually it confirms the amount of wages. This also includes length of service and work experience. Typically required:
- When registering a visa;
- During litigation in lawsuits;
- When registering state benefits for children;
- When registering maternity leave or sick leave;
- Presentation to banking institutions;
- When re-employed in the same structure (combination);
The certificate is a legal document and has the quality of confirmation. Issued upon application by the applicant. If the company is not large, a verbal request is enough. In cases where the size of the organization is several dozen people, the employee submits a written request to the accounting department addressed to the employer.
Filling out income certificates
What can be evidence?
According to the standards adopted by the Government in Section II of Resolution of the Russian Federation No. 1015 of October 2, 2014, length of service is certified by filling out a work book, and if it is missing or it is impossible to identify the entries displayed in it, then:
- Labor and civil law agreements.
- Copies of orders.
- Documents confirmed by the institution.
- The applicant’s personal files and pay slips.
- Payment orders certifying the fact of transfers to tax authorities.
The listed materials are presented to certify the length of service earned when, during his employment, a person did not register in the pension insurance structure or errors were found in the personal file data.
Law No. 173-FZ of December 17, 2001 “On Labor Pensions” established that from the moment it came into force, “insurance period” was introduced. However, the process confirming the length of service earned by a person remained the same, regardless of the period of employment, both before 2002 and after it. So, after the adoption of this Law, the process of certifying the earned experience remained the same - by providing a work book, orders for enrollment in the organization and other materials listed in the higher list.
In addition, the earned experience can be certified by a request to the Pension Fund. Here, if during the period of employment for which it is required to confirm the length of service, the employee received registration as an insured worker, information about his work activity will be in the Pension Fund database.
If during the displayed period of time a person was not insured, the earned experience can be confirmed by witnesses (clause 5 of Resolution No. 1015).
To purchase supporting documents, you need to send a request to the local Pension Fund office to establish the period of work based on the testimony of witnesses. The request is accompanied by materials that confirm the loss of the necessary documents or other materials (for example, an archival document containing information about the absence of the required information in the archive).
Application deadlines
The response time to a received request for work experience should not exceed 30 calendar days.
Of course, sometimes searching for documents can take a long time. After all, the archivist needs to turn over a lot of personal files in order to find the necessary materials certifying the applicant’s work experience. If, after sending a request to the archive, in due time, the archive does not have time to find the required materials, then the archive workers must still send an intermediate response, displaying:
- On the current state of affairs in the search for materials.
- About the reasons that led to the delay.
With regard to the provision of local (state) services, the response time has been reduced to 15 days, with control over the quality of responses at the level of the President of the Russian Federation.
Example application for confirmation of work experience
When drawing up an application for information about your work experience, you can use any sample request. At the same time, we must remember that the rules for drawing up an application are the same as the rules for drawing up any official documents. Therefore, in order for the request to be granted, you must indicate:
- FULL NAME. submitting an application.
- Postal address to receive information.
- Information about the institution
- What position did the employee hold?
- About the time period during which the parties maintained labor relations.
Below is an example of such a statement.
Confirmation of place of work and position held
The legislator has not established the form for an application to the archive to certify experience, so you can draw it up yourself. Of course, such an application is written on an A4 sheet and all information about the applicant must be displayed on it.
The statement might look something like this:
- At the top, on the right, is the name of the archive where the request is sent.
- Full name is written a little lower. author, date of birth, residence address and contact information.
- Then in the middle of the line is written “STATEMENT”
- The text part displays the request: “Please issue a document confirming your work experience...”, displaying:
- Names of the institution.
- Names of the structural department.
- Position held.
- Time of labor relations.
- Display the place where the certificate is required and for what purpose it is requested (“... The document is required for submission ...”).
- Date of submission of the request and signature of the author of the letter.
When will it be needed?
A certificate from the pension office confirming length of service is necessary, first of all, in situations where the work book of a newly minted pensioner is either lost or not filled out properly. A duplicate can be easily issued, but there is a high risk of losing your seniority, and this will negatively affect your future pension.
Such a document is drawn up in the same way if a person worked without a book, but contributions were regularly transferred from his salary to the Pension Fund, for example:
- A contract or agency agreement was concluded.
- From an individual.
- The cooperation was carried out under a civil law agreement (such agreements could be concluded until 2013).
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Obtaining a certificate is usually not difficult. To do this, you should contact the personnel department of your previous place of work and request the appropriate document.
and a sample request to the archive
What to do if the archive does not have the necessary documents?
If the archive does not contain the necessary documents, then the applicant has the right to invite witnesses who are able to provide evidence of work experience. The period of work experience in the Russian Federation before registration by an insured person can be taken on the basis of the testimony of 2 or more witnesses who know the applicant for a pension due to joint work at the same enterprise. This situation may arise if documents disappeared during a natural disaster (earthquake, flood, storm, fire and other similar circumstances) and cannot be restored.
The following materials must be attached to a request for evidence of the gap in work on presenting witnesses:
- A certificate from the state (local) structure in whose territory the disaster occurred, indicating the date of the disaster, location and nature.
- A certificate from an enterprise or state (local) structure certifying the fact of loss of papers on labor functioning and the impossibility of their restoration.
- A certificate from the archive or state (local) structure certifying the absence of archival information about the working hours, according to witness information.
Sample archival certificate
In some cases, a registration document may be required at the address at which the citizen was previously registered, but deregistered - in this case, an archival certificate of Form 9 will be required.”
This list is not exhaustive. Details on how archives work with requests for the issuance of various certificates, what the responsibilities of the parties are, are explained in the “Methodological recommendations for the execution of requests of a social and legal nature” (approved by Rosarkhiv on 07/02/2021). The same document contains a collection of samples of archival references (75 examples for the most common requests).