How to restore your work experience?

How to restore your work experience? The question is not simple, but it is a solvable problem for the future retiree.

Our pension lawyer will help with the issue of early retirement, explain the procedure for recalculating old-age pensions, help collect documents, draw up a claim and represent your interests in court and the Pension Fund of the Russian Federation.

What is required to damage work experience?

The work book is the main document that is necessary to confirm work experience. It clearly states where and during what period of time you worked. However, even if this document is not available, you will be able to prove that you worked. At the place of work, a person may be issued other documents:

• extracts from the relevant orders;
• certificates confirming the fact of work in the organization and the amount of remuneration;
• statements;
• labor agreements, where there is a mark on their implementation;
• trade union membership tickets;
• other documentation containing information about periods of work.

The work book, according to Russian legislation, is the main document confirming the employee’s work experience. However, situations very often occur when the employer does not properly fill out the work book, makes entries not in accordance with the law, or makes inaccurate entries. The periods of work indicated by such records will not be included in the length of service.

ATTENTION : such inaccuracies should not lead to a violation of the employee’s constitutional rights, that is, the constitutional right to receive a pension. In this case, you can protect your rights in court. If the pension fund accepts periods of work experience, the pension will be assigned in a smaller amount.

Request for confirmation of work experience

When calculating a pension, all places in which a person worked are taken into account. There are often cases when an organization no longer exists, or it has changed its name more than once and disintegrated, or merged into different structural divisions. What to do in this situation and how to restore your seniority?

When it happens that your years of experience were not counted for a certain time, you should go to the pension fund, where they will provide assistance in drawing up a request and sending it to the archive. The answer usually comes within a month in the form of an archival certificate, which is enough to make a recalculation.

When determining the size of the pension, the length of service is first taken into account. It is its value that determines what pension a citizen will receive. But who should make a request for confirmation of experience and how to do it correctly?

Working with the archive to restore work experience:

A request for confirmation of work experience is submitted by a representative of the Pension Fund. The specialist sends the appropriate document filled out according to the established template. The response to such a request comes within 10-15 business days. For more information on the issue of requesting a pension fund and assistance from a lawyer in this area, follow the link.

Can witnesses confirm your work experience?

It also happens that, due to various reasons, the data from the archive has not been preserved, then it is enough to contact former colleagues who can confirm that they worked with you, however, it is possible to confirm periods of work with witness testimony only in relation to those periods of work that were before registration citizen as an insured person in accordance with the Federal Law “On individual (personalized) registration in the compulsory pension insurance system.”

How to confirm work experience if the organization is liquidated

If the employer still exists, then certificates confirming work experience and earnings can be received in a short time.

I absolutely agree with you! In terms of the lack of a salary certificate for calculating a pension. I have the same situation. By the way, not a single official suffered for not submitting documents to the archive. The PFR lawyers counted the experience, and the pension is a minimum for 30 years of experience, and in livestock farming (agriculture). I asked about the recalculation of pensions for working in rural areas, they said that there was nothing yet. We wait three years.

Example: “Ivanov I.I., 55 years old, worked as a welder. The organization was liquidated. The organization's archives were destroyed due to an accident when the pipes of the water supply system burst. The organization did not have time to transfer information about employees to the city archive.”

It is necessary to check with the local administration where personal files can be transferred and apply there. A request to the archive is made in the form of a free-form application addressed to the director. The following information must be indicated there:

For violation of the procedure established by the Rules for maintaining, recording, storing and issuing work books, officials bear responsibility established by the legislation of the Russian Federation.

Below is a sample request that will help you correct individual information in the payment file, which can have a positive effect on the amount of your pension

Requesting documents to the employer

It happens that a person simply lost a document. How to act in this situation, how to restore your work experience if you lose your work book? Option one is to take a copy of the document. If the document is lost, the person goes to the last organization in which he worked to obtain a copy. If this organization is the first in the track record, no problems arise, but if the person previously worked somewhere else, then he submits documents, based on which a record is made of the total time of work experience, without indicating the names of the companies.

Reinstatement of work experience in court

In some cases, confirmation of work experience can be achieved through legal proceedings. For example, a citizen knows for sure that he worked for 20 years, but a representative of the Pension Fund informs him that, according to an official request, he worked only for 18 years. This very often happens because the work book contains inaccurate information.

There are also situations that require the reinstatement of seniority in court if the manager refused to issue a duplicate or if there is no archival data in the organization. There is a certain procedure for how to restore work experience through the court: a claim is filed and acts confirming the conduct of labor activities in the organization (contracts, financial statements, union card, witness statements).

When confirmation of work experience for a pension is carried out through the court, the main evidence is the testimony of witnesses. It is also necessary to collect documents that would confirm that you worked in the organization. This could be, for example, some kind of agreement with your signature. The better you prepare for your trial, the more likely you are to win.

The process of restoring the length of service for a pension takes a lot of time, so for now you can take a deferment from the pension fund for three months, and when all the documents are ready, receive the amount, taking into account the recalculation, for the entire period at once. Or there is a second option - agree to the assigned payment and, upon presentation of all missing documents, receive the current payment from the new month.

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Restoration and confirmation of preferential work experience

It is worth noting that in addition to the general work experience, there is a special work experience that will allow you to receive a preferential pension. It is worth noting that preferential professions for retirement are established by law; these include professions associated with particular complexity, harmfulness or special social importance of the profession. In particular, there is a list of teaching positions for a preferential pension. Unfortunately, very often the pension fund refuses to grant an early pension. The reasons for this can be very diverse, for example, incorrect names of professions in the work book (not corresponding to the law), lack of supporting certificates.

ATTENTION: watch the video about the assignment of preferential pensions to teachers, medical workers, lists No. 1, No. 2, and also subscribe to our YouTube channel. Then you will be the first to see new videos and will be able to ask a lawyer a question in the comments for free.

There is also a preferential pension for medical workers, which is due upon completion of the length of service specified by law. An important factor is that a preferential pension is provided not only to medical workers performing medical activities in public health care institutions, but also to medical workers of organizations that were previously state/municipal, but as a result of reorganization came under the management of private organizations. Often in this case, the right to receive an early pension is violated by the pension fund and you have to defend your rights through the courts.

There are common cases when medical workers carry out medical activities simultaneously with scientific activities and work not in medical organizations, but in scientific research institutes or other organizations whose main activity is science. However, even in this case, the medical worker has the right to a preferential pension, which is also often ignored by the pension fund.

The process of confirming preferential work experience in court is essentially similar to confirming general work experience, but sometimes it is difficult to independently collect evidence of work giving the right to a preferential pension.

The procedure for determining harmful work experience

In order to calculate the so-called harmful length of service, in the presence of which a citizen has the right to apply for a pension on preferential terms (before the general period), it is necessary to establish:

1. Periods of performing labor functions in positions and industries that potentially contain harmful and dangerous factors.
2. The branch of the economy or the sphere of production in which specific work was performed (Part 1, Article 30 of Law 400-FZ).
3. A list containing a specific list (Government Decree No. 665, the points of which correspond to the grounds for registering an early pension under Law 400-FZ).
4. The name of the profession or position in a specific list in accordance with the entry in the work book or other document confirming this length of service (in case of absence of an entry or loss of the book).

If a citizen really has the right to early retirement, then the name of his position will be present in one or another list, depending on the industry in which his labor activity was carried out. However, judicial practice shows that an incorrect indication of the name of a position (as well as an indication of a position that is not included in the list, but during the replacement of which the employee was affected by harmful factors) is not a basis for refusal to issue an early pension. For example, a similar position was stated by the Volgograd Regional Court in its appeal ruling dated December 22, 2016 in case No. 33-41/2017.

We invite you to familiarize yourself with: Work experience under a civil contract

Lawyer for reinstatement of work experience in Yekaterinburg

If you have any difficulties confirming your work experience in the pension fund, then we recommend that you contact our pension specialists. A competent specialist knows what documents and how to request from the employer; in particular, in addition to a clarifying certificate, it would not be superfluous to request job descriptions, as well as information about wages and contributions made by the employer to state funds.

Even if you cannot request the specified documents, you should not consider the case lost, since for preferential professions there are often standard job descriptions established by the Ministry of Labor, which you have the right to refer to to protect your rights.

Now you know how to confirm your work experience, so you won’t have any difficulties with this issue. The main thing is to take into account everything that is written above or call us, we will help you solve your problem: professionally, on favorable terms and on time.

Registration of a preferential pension

A citizen who has received the right to early retirement must collect documents in order to apply for it. They should be addressed to the branch of the pension fund where his employer paid insurance contributions. Documents can be submitted during a personal visit, through the State Services portal, by contacting the MFC. A citizen needs:

1. Bring original documents in person.
2. To write an application.
3. Complete registration.
4. 10 days to wait for a decision.

List of required documents

To apply for a preferential retirement in 2021, a citizen who worked in industries associated with danger and hazards must submit a set of papers to the Pension Fund. The list of documents includes:

• statement;
• military ID;
• passport;
• a certificate certifying the period of work with hazardous conditions;
• a copy of the work book;
• a certificate confirming difficult production conditions;
• SNILS;
• certificate of average salary up to 2002 for any 5 years.

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