How to calculate work experience in a municipal institution

What does it include

The total length of service in a municipal institution is the total period of work in local government bodies, municipalities and other institutions determined by Russian legislation. It includes work or substitution (Part 1 of Article 25 25-FZ of 03/02/2007):

• in municipal service positions;
• in municipal positions;
• in government positions at the level of the Russian Federation or constituent entities of the Russian Federation;
• in the state civil service;
• in other specialties on the basis of federal legislation.

Municipal experience will be taken into account when applying for civil service

Already this year, representatives of municipal authorities will have the opportunity to fill vacant positions in government agencies. Corresponding amendments will be made to the current law “On the State Civil Service”, namely to Article 12, which regulates the qualification requirements for entering the state civil service.

According to future changes, if a vacant position appears in the position of a government official, in addition to existing civil servants, representatives of local self-government bodies will also be able to apply for it, which was not the case previously. Amendments are being developed by the Ministry of Labor.

The issue of personnel rotation in various government structures was raised at the end of last year during Vladimir Putin’s meeting with delegates of the All-Russian Congress of Municipal Entities, and already in April of this year the head of state announced the need to consider the issue of personnel rotation between the state and municipal levels of government.

“It is proposed to introduce provisions to take into account the length of service in the municipal service when determining the suitability of a candidate for a vacant position in the state civil service,” the Ministry of Labor explained to Izvestia.

According to the current law, when considering a candidate for a public position, one of the important aspects is the length of service in the position held. Nowadays, work experience in the municipal civil service is not taken into account in any way when a person wants to move to the civil service, so the Ministry of Labor proposes to equalize this indicator.

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— Equalizing the accounting of periods of civil service with municipal service will help create equal conditions when entering the civil service, thus creating a career elevator in which the candidate, if he has the necessary experience, will grow upward, which, in turn, will help increase the prestige of work in the authorities local government, the Ministry of Labor added.

Information about the upcoming amendments was also confirmed to Izvestia by the chairman of the State Duma Committee on Local Self-Government, Vyacheslav Timchenko.

“Indeed, such amendments are being developed, and the point here is not only that the president pointed out the problem of the need for personnel rotation, but also about restoring justice. Today, the requirements for civil servants are clearly formulated, and a person can have some kind of career growth.

But municipal employees do not have this, and today they have no access to the public sector. We also made our proposals to unify requirements and social protection for municipal and government employees,” Timchenko noted.

The head of the International Institute of Political Expertise, Evgeniy Minchenko, sees the development of such amendments not only as a change in the current personnel selection system, but also as a financial one.

“This threatens to put a very serious burden on regional and municipal budgets, because, as a rule, the salaries of municipal employees are much lower than those of state employees. If we are talking about equalizing not only the requirements, but also the social protection of municipal and state employees, then it is not yet entirely clear at what expense the funding will be provided, says Minchenko.

Expert opinion

Grigoriev Pavel Kirillovich

Head of the department for conscription of citizens for military service of the Russian Federation

Political scientist and professor of the Department of Political Science at the Higher School of Economics National Research University Leonid Polyakov believes that it was necessary to equalize the requirements for both classes of civil servants a long time ago.

— It is not clear to me why initially the requirements for municipal and civil servants were significantly different. If we take into account the fact that the Constitution provides for the possibility of transferring powers from one level of government to another, then the professionalism of local government employees and civil servants should be comparable, because if people have completely different qualifications, this can lead to serious inconsistencies in many issues, - Polyakov notes.

How is the bonus calculated and who is entitled to it?

In Art. 25 25-FZ states what municipal experience gives - a monthly salary increase, long annual leave and a pension for long service.

Additional pay for length of service, increased vacation and early retirement are provided (Presidential Decree No. 1532 of November 19, 2007):

• employees of government agencies and municipalities (state institutions, municipalities);
• employees of educational, medical, cultural institutions;
• employees in government agencies;
• persons performing military service;
• employees of the Ministry of Internal Affairs, the prosecutor's office, the investigative committee;
• employees of the Ministry of Emergency Situations, the State Fire Service;
• employees of institutions of the criminal correctional system.

To determine the duration of leave, periods of work and substitution in municipal positions and in the civil service are taken into account (Part 2 of Article 25 of the 25-FZ, Part 2 of Article 54 of the 79-FZ). To assign a long-service pension, periods of labor activity are taken into account in accordance with the regulations of the Russian Federation and the law on state pension provision for citizens (Part 3, Article 25 25-FZ, Part 3, Article 54 79-FZ).

The legislative provisions on the calculation of length of service in municipal service are regulated by Federal Law No. 79 of July 27, 2004 and No. 25 of March 2, 2007, RF PP No. 583 of August 5, 2008. This working period is calculated taking into account the time worked in state institutions, municipalities and budgetary institutions, spent in military positions, in the Ministry of Internal Affairs, the Ministry of Emergency Situations and other government bodies.

Municipal service experience

Municipal service experience is work experience, which represents the total (total) duration of work (service) of executives and specialists in positions in local governments, state bodies, as well as other periods of activity, periods of time taken into account in accordance with federal legislation and legislation of the subject of the Russian Federation.

The length of service of municipal employees is the basis for:

— filling the corresponding municipal position;

— assignment of a qualification category (class rank). In addition, experience gives the right to:

a) receiving a monthly bonus to the official salary for length of service;

b) provision of annual additional paid leave for long service;

c) payment of a one-time monetary reward (bonus) upon retirement from a state pension;

d) monthly supplement to the state pension;

e) other social benefits and guarantees provided for municipal employees by the legislation of the constituent entity of the Russian Federation.

The legal basis for calculating length of service in municipal service is:

— Constitution of the Russian Federation;

— Federal Law “On Municipal Service in the Russian Federation”;

— legislation of the constituent entities of the Russian Federation on municipal service;

— other legislation of the Russian Federation and constituent entities of the Russian Federation.

Calculation of the length of service of municipal employees is based on the principles:

— unity of the basic requirements for municipal services and positions, taking into account the qualification requirements for them.

As a general rule, the length of service of a municipal employee includes the following hours of work:

1) in municipal positions of the municipal service;

2) in elected municipal positions;

3) in elected government positions;

4) in government positions in the civil service;

5) periods of work (service) in other positions to be included in the length of service (service) of a municipal employee;

6) other periods of labor activity of a municipal employee, experience and knowledge for which are necessary to perform official duties for the position of municipal service being filled, included in the length of service of municipal service in the manner established by federal legislation and the legislation of the constituent entity of the Russian Federation.

The experience of municipal service may include periods of work (service) in management positions and positions of scientific workers in state and municipal production, scientific and educational organizations, experience and knowledge of which are necessary to perform the official duties of a municipal employee.

The length of service of a municipal employee is equal to the length of service of a civil servant.

The inclusion of other periods of labor activity in the length of service of the municipal service is carried out in accordance with federal legislation and the legislation of the constituent entity of the Russian Federation.

As a general rule, the length of service in municipal service does not include work in government bodies related to their technical, material and economic maintenance and support, as well as periods of work in trade union committees at enterprises, organizations and institutions.

The procedure for calculating the length of service for filling municipal positions, as well as credits for periods of filling other positions into this length of service, are determined by the regulatory legal acts of the municipality in accordance with federal legislation and the laws of the constituent entities of the Russian Federation.

The periods counted toward the municipal service record are summed up regardless of the presence and duration of breaks in service (work) or other activities. In this case, the probationary period is also counted towards the length of municipal service.

The length of service in municipal service is calculated in calendar order (in years, months, days). It is established upon the recommendation of the personnel service by the relevant official of the local government body, who has the right to hire and dismiss for municipal service.

The main document for determining the length of service in municipal service is the work book. In the absence of a work book, as well as in cases where the work book contains incorrect or inaccurate entries or does not contain records about individual periods of activity, such documents are:

— certificates from the place of service (work);

— certificates from archival institutions;

— extracts from orders confirming work experience;

— extracts from other documents confirming work experience;

- certificates from military commissariats confirming length of military service.

The length of service is established by order (instruction) of the relevant official of the local government body, who has the right to hire and dismiss for municipal service.

An extract from the order establishing the length of service in the municipal service is attached to the personal file of the municipal employee whose length of service is being established. A copy of the extract is issued to the municipal employee.

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Responsibility for the correctness of establishing the length of service in the municipal service rests with the relevant official of the local government body, who has the right to hire and dismiss for municipal service in accordance with federal legislation, the legislation of the constituent entities of the Russian Federation, and regulatory legal acts of local government bodies.

Expert opinion

Grigoriev Pavel Kirillovich

Head of the department for conscription of citizens for military service of the Russian Federation

Control over the correctness of calculation of length of service in the municipal service is entrusted to the commission for calculating the length of service in municipal service (work experience).

If a municipal employee disagrees with the decision of the relevant official of the local government body regarding the establishment of length of service in the municipal service, the dispute is resolved in the manner established by the legislation of the Russian Federation. Municipal employees have the right to apply to the commission to establish the length of service of municipal employees.

Municipal employees also have the right to go to court to resolve a dispute in the manner established by the legislation on civil proceedings, regardless of their appeal to the commission.

The main tasks of the commission to establish the length of service of municipal employees are the following areas:

— consideration of controversial issues related to the inclusion of various periods of their work activity in the work experience of municipal employees;

— consideration of other issues related to determining the length of service in the municipal service.

In its activities, the commission is guided by the Constitution of the Russian Federation, federal laws and regulatory legal acts, laws and regulatory legal acts of the constituent entity of the Russian Federation, the charter of the municipal entity, and other regulatory legal acts of the municipal entity.

The Commission is a permanent body. The composition of the commission, as well as the candidacies of its chairman and deputy, are approved by order of the head of the local government body. The commission includes:

Representatives of government bodies of a constituent entity of the Russian Federation, heads of personnel services, trade union bodies, lawyers, and highly qualified specialists can be invited to the meeting of the commission.

The main form of work of the commission is a meeting, which is held as necessary, but usually at least once every three months.

To resolve controversial issues in establishing the length of service in the municipal service, the municipal employee must submit a written application to the chairman of the commission.

The application must be accompanied by documents necessary for the correct resolution of the issue, or duly certified copies of such documents.

The commission has the right to invite the applicant to submit additional documents, as well as other information necessary to make a decision.

A meeting of the commission is valid if more than half of its members are present.

The commission makes a decision by open simple voting, by a majority vote of the members of the commission present. In case of equality of votes, the vote of the chairman of the commission is decisive.

The decision of the commission is documented in a protocol, which is signed by the chairman and all members of the commission present at the meeting. A member of the commission who does not agree with the general decision has the right to express a special opinion in the minutes.

The inclusion of various periods in the length of service of the municipal service is carried out on the basis of the minutes of the commission meeting. An interested person has the right to contact the secretary of the commission to obtain a properly executed extract from the minutes of the commission meeting.

Responsibility for the timely submission of documents to the commission for establishing and recalculating the length of service in the municipal service rests with personnel services or authorized specialists of the relevant local government bodies.

Decision-making on the inclusion of other periods of work in the length of service of individual municipal employees (for example, periods of work at industrial and transport enterprises, in construction and agricultural organizations, in organizations and institutions of science and budgetary industries, and other organizations) is carried out by the head of the local government body based on the recommendation of the commission for calculating the length of service in the municipal service (work experience).

When developing such recommendations, the commission is guided by the requirements for municipal employees established by the legislation of the constituent entity of the Russian Federation and acts of local government bodies. For example, a resolution of the Barnaul administration in this case provides for the following requirements for a municipal employee:

— the presence of a written justification for the interest of the city administration, its structural unit, district administration in this employee, the need to secure the employee on the staff of the municipality, the significance of the period of work in question in his career;

- a municipal employee must have at least one year of experience in municipal service and hold the highest, main municipal position or leading municipal position in the apparatus of the city administration or its structural subdivision, administration of a district, village, or township, or a leading municipal position not lower than the head of a department as part of a department, committee, administration department city, region;

— from the periods of labor activity in other organizations, the time spent working in the positions of head and deputy head of an organization, enterprise, institution, including research and educational ones, is primarily counted.

The commission for considering questions about the length of service of municipal service, at the request of the head of the relevant structural unit of the municipal formation, in exceptional cases has the right to recommend to the head of the municipal formation to include in the length of service of individual municipal employees other periods of their service (work) in positions of managers and specialists in institutions, enterprises and organizations, experience and knowledge of which are necessary to perform official duties for the municipal positions of the municipal service being filled.

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What allowances exist?

The specific procedure for calculating the length of service in municipal service is established by laws at the level of constituent entities of the Russian Federation - by regional administrations (Part 4 of Article 25 of the 25-FZ). Regional authorities determine how to count periods of public work, how to apply incentive payments and how to calculate long-service pensions.

For example, in Part 3 of Art. 2 of the Law of the Omsk Region No. 2163-OZ dated April 23, 2019 indicates who calculates the length of service in municipal service - the employee’s employer. The same rule applies in many other regions. The accountant takes all information about periods of work from the work book.

The additional payment is a certain percentage of the salary. The total length of service in the municipal service and bonuses for the length of service of a municipal employee are related: the amount of compensation depends on the number of years worked. We have collected all the bonuses for length of service in the table:

The amount of additional payments for teachers is established by regional authorities in local standards: for example, decree of the government of the Rostov region No. 443 of June 28, 2019. But doctors have additional compensation, taking into account the budgetary length of service and the nature of the work (Order of the Ministry of Health No. 377 of October 15, 1999):

• emergency doctors - 30% of the salary for the first 3 years of work, and for every 2 continuous years they add another 25% (maximum pay 80%);
• employees of leper colonies - pay 10% for each year of continuous activity, pay a maximum of 100% to doctors and nurses and 80% to other medical personnel.