Preferential period for retirement for a foreman

Early retirement

VIDEO ON THE TOPIC: Early retirement according to List No. 2. Foreman

According to the current law, on the basis of Art. The conditions are as follows: Most of our compatriots work in unsafe conditions. In this regard, they often think about the possibility of reducing their service life. This allows you to enjoy your free time with a clear conscience. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free! Skip to content. You have JavaScript disabled. Some functions may not work. Please enable JavaScript to access all features. Sent The following question has arisen: are foremen and construction workers entitled to a preferential pension? They are indicated in the lists, but they follow a group of working professions related to drilling and stone processing without any additional instructions.

Who writes in cards? Alexander Humboldt “Every truth passes through three stages in the human mind: first - what nonsense! It is assumed if their position and profession corresponds to the name of the profession position in List 2: b – Construction and installation work masters b – Work producers.

And they do not “follow the group of blue-collar professions associated with drilling and stone processing,” they follow category B Managers and specialists. It seems to me that the company simply needs to bring the state schedule into compliance with the OK and carry out competent certification with the identification of factors regarding harmfulness, additional payments and pensions. The first section - blue-collar professions - includes blue-collar professions in accordance with the Unified Tariff and Qualification Directory of Work and Professions of Workers ETKS. The second section - employee positions - was developed on the basis of the Unified Nomenclature of Employee Positions, the Qualification Directory of Positions of Managers, Specialists and Employees. As I understand it, the objection is that OK is called a classifier of professions, and article 57 of the Labor Code of the Russian Federation mentions classification reference books.

Foreman experience for a preferential pension

Managers and engineering and technical workers of construction organizations do not enjoy the right to early retirement benefits, with the exception of construction and installation foremen and work producers (foremen).

The Pension Fund of the Russian Federation is requesting a certificate from me from the organizations where I worked confirming a preferential pension (that I am entitled to this pension) - tell me who can provide this certificate and on what basis, thanks in advance for your answers. January 17, 2014, 22:11 Pavel, Mr.

Experience for early retirement in Russia under the new law

Since 2020, citizens with a long work history are granted the right to early retirement. This change in pension legislation was provided for as part of the new pension reform of 2020 and enshrined in Part 1.2 of Art. 8 of Law No. 400-FZ of December 28, 2013. To become an old-age pensioner early, you need to have at least 37 years of insurance experience for women and 42 for men .

According to the new law, the right to early retirement based on length of service is granted with a number of restrictions:

The new benefit does not imply that after working for a set number of years (37 or 42), a person will be able to immediately retire into old age pension. For citizens who have worked for such a long period of time, the retirement age will only be reduced by 24 months relative to generally established values.
The retirement age, determined taking into account such a benefit, cannot be lower than 55 years for women and 60 for men (that is, lower than the values under the old legislation). It is for this reason that in the first years of the reform, not all citizens will be able to fully take advantage of this preferential condition.

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What is included in the preferential period

When calculating the length of service that gives the right to early receipt of a pension, there is a limitation provided for in Part 9 of Art. 13 of Law No. 400-FZ. According to this provision of the law, not all periods that are traditionally included in the insurance period are included in the benefit period. Only the following will be taken into account when calculating:

periods of official work on the territory of the Russian Federation, during which the employer pays insurance contributions to the Pension Fund;
paid vacations (annual basic and additional);
periods when an employee is on sick leave when he receives temporary disability benefits.

Let us remind you that in addition to the above, other socially significant periods are additionally included in the insurance period:

period of receiving unemployment benefits;
military or other service equivalent to it (for example, service in the army);
child care until the age of one and a half years (in total - no more than 6);
care for disabled persons (senior citizens over 80, disabled people of group 1 or disabled children) and so on.

They were recorded if, immediately before or immediately after them, a person officially worked and made contributions to the Pension Fund for his pension insurance.

Is a foreman a preferential profession?

No. 36 (https://zakon3.rada.gov.ua/laws/show/36-2003-p), and according to the results of workplace certification: men - after reaching 50 years of age and with at least 20 years of work experience, of which at least 10 years in the specified jobs; women - after reaching 45 years of age and with at least 15 years of work experience, of which at least 7 years 6 months in the specified jobs. Employees who have at least half of their work experience in particularly hazardous and particularly difficult working conditions are granted pensions on preferential terms with the retirement age reduced by 1 year for each full year of such work for men and by 1 year 4 months for women. For example, a man has 6 years of experience in jobs with particularly difficult working conditions.

Reduction of an employee of pre-retirement age

The reduction of an employee of pre-retirement age has its own characteristics, since this category has a number of benefits. One of the benefits is the right of pre-emption, which in some cases allows you to get a new job. The latest news suggests that people of pre-retirement age will become one of the most protected categories when fired or laid off.

Legislation and regulatory framework

Pre-retirement age includes a period of 5 years before full retirement. Currently, retirement is carried out at 55 and 60 years old, but as the retirement age increases, the dates will shift. At the same time, the pre-retirement period will remain the same.

With the standard reduction option, the employer will prefer to keep a younger specialist at work, but according to the law, experience gives a significant advantage over other employees.

For this reason, priority in the case of equal qualifications will go to a person of pre-retirement age who has significant length of service and work experience.

In accordance with the 2020 regulations, the reduction of pre-retirement year employees is regulated by general rules. The only full-fledged benefit is the possibility of early retirement, but this will require fulfilling many conditions:

be officially unemployed;
do not have employment opportunities, as confirmed by documents from the employment center;
there must be a maximum of two years left before retirement;
there are 30 points according to the cumulative system;
minimum experience of 25 and 20 years for men and women, respectively.

It is worth considering that with an increase in the retirement age, a special provision will begin to apply, which will lead to an increase in state guarantees for persons of pre-retirement age, including regarding labor relations.

Introduction of the PPV provision in 2020

On January 1, 2019, the pension reform will begin, which regulates the gradual increase in the retirement age. Along with it, the provision of PPV (pre-retirement age) is introduced, which provides additional social and state guarantees to all persons who are within 5 years of retirement.

Introduced items and changes:

establishing administrative and criminal liability for the employer for dismissal or refusal to hire, that is, it will not be possible to lay off a PPV employee. The exception will be liquidation, as for other preferential categories;
organizations will be able to receive additional incentive quotas from the state for hiring PPV persons;
PPV employees will be able to undergo retraining or improve their qualification level through government programs that are financed from the federal budget;
Unemployment benefits for PPV persons, if a new place of work has not been found, will have an increased amount (11,280 rubles/month versus 4,900 rubles for other unemployed people).

All items will be introduced only from January 1, 2020. It is worth considering that an additional system of benefits for persons of pre-retirement age will be developed, based on the fact that they will become a category with state guarantees.

It also remains possible that a number of points from the provision will be modified.

For example, will full-fledged guarantees be established in the future, as for a preferential protected category or for PPV persons only state support in the form of an established provision will be used.

At the moment, it is only planned to introduce a provision that will support individuals during the period of raising the retirement age.

All these points will lead to the fact that it will be possible to dismiss a PPV employee only in a few cases:

complete liquidation of the organization and subsequent downsizing;
dismissal at the employee's own request;
dismissal under an article, for example, for violation of safety rules or loss of trust due to numerous violations;
with other options established by law. Example: a key employee returning from maternity leave.

Compared to the existing rules, workers of pre-retirement age will become more protected from dismissal and layoffs after the introduction of the provision, that is, it will no longer be possible to lay them off under the current (general) rules.

Reduction process

The reduction process for 2020 for a PPV employee is established by general rules, that is, the reduction of an employee can be carried out under standard conditions. At the moment, you can lay off an employee for several reasons:

liquidation;
staff reduction;
reduction in numbers.

After issuing the order and notifying the employee, all regulatory authorities must be notified, including the trade union, from which permission must be obtained if the employee is a member of a trade union organization. It is also mandatory to notify the employment center together with the employee.

Sample notification of the employment center about layoffs _Page_1 Sample notification of the employment center about layoffs _Page_2

It is worth considering that early dismissal is also available for an employee of pre-retirement age, just like for other employees. In this case, compensation must be paid, which is equal to the product of the average daily earnings and days of unworked type before the actual date of reduction.

Depending on the type of reduction, the employee must be notified 2 or three months before the date of dismissal. During this time, he needs to offer all possible vacancies that are suitable for qualifications, including at a rate of 0.5.

Any violation during layoffs can be appealed within 1 month after the layoff. If the court decides, the employee will be reinstated in his position.

The most common case of violation is the incorrect consideration of preferential rights based on qualifications and experience. The employer must take into account that consideration of candidates for layoffs and the provision of new positions should not depend on age.

It depends only on the benefits, as well as on the general work characteristics of the employee, including qualifications and length of service.

Nuances

The main nuance is the possibility of an employee taking early retirement after being laid off. If a PPV employee resigns of his own free will, then early retirement is not possible, but with any reduction option it is possible, if all conditions are met, to receive early retirement. To do this, you will need to fulfill all the requirements. Among the main points of this procedure:

The experience must be at least 20 and 25 years for women and men. It does not matter whether there was an interruption of service or not;
It is possible to retire only with two years remaining. If there is a period of two years and several days, then the procedure is impossible;
You must obtain permission from the employment center. This is only possible if you have unemployed status. You are also required to take an active role in your job search. An important point is timely registration, which is carried out within two weeks after the date of layoff, including early layoff;
You will need to provide all documents to the pension department at the place of registration.

In 2020, persons of pre-retirement age do not have special benefits that affect the reduction process. New rules will be introduced in 2020 in accordance with the regulations.

This provision will give the category of PPV employees additional guarantees of employment and labor relations.

The main point after laying off a PPV employee is the possibility of receiving an early pension if the employment center was unable to employ him.

Source: https://u-volnenie.ru/posts/sokrashhenie/sokrashhenie-rabotnika-predpensionnogo-vozrasta

Early Retirement Foreman And Senior Foreman Harmful Experience Coming

Worked from October 1, 1981 to July 2000 in the north equated to the regions of the far north for 18 years, including 6 years and 7 months according to list No. 2 for the oil industry. I requested a certificate from my previous place of work for the period from 06/29/1983 to 02/01/1989 according to list No. 2 of work as a derrick erector for 6 years and as a senior derrick construction foreman for 1 year. A certificate from the previous place of work came with confirmation that it corresponds to list No. 2, which corresponds to a year and a half of experience. I had enough experience of 20 years for a preferential retirement at 55 years old. The pension fund requested comments from the previous place of work that the senior foreman does not correspond to list No. 2, and that he is not subject to benefits at this time. From the previous place of work, after they first gave a certificate for the senior foreman corresponding to the benefit, they now refuse. Although in the list of professions there is simply a construction foreman, especially since I worked since Soviet times in the 80s, and government decree on the list of professions No. 2 was adopted in 1991. In 1991, the management of the enterprise where I worked did not bring the staffing table in accordance with the government decree of 1991 on the list of professions. It was just a mess. Now I am being deprived of early retirement at age 55 and preferential pension accrual. What to do ?

If the work experience in the Far North is at least 15 calendar years, the work experience as a foreman is 12 years and 6 months, and the insurance period is at least 25 years, then the age established for the early assignment of the specified pension is reduced by five years (Clause 2, Article 33 of Law 400-FZ) and you will have the right to early retirement when you reach the age of 50.

Preferential pension for foremen and foremen during construction

It's been a long time... Is early retirement possible? After all, as they write: In accordance with paragraphs. 2 p. 1 art. 27 Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”, early labor old-age pension is assigned to men upon reaching the age of 55 years and women upon reaching the age of 50 years if they have worked in jobs with difficult conditions labor experience of at least 12 years, 6 months and 10 years, respectively, and have an insurance period of at least 25 and 20 years, respectively.

Preferential experience for a foreman

Hello. You need to prove in court the fact that the work performed corresponds to a privileged position, ask the employer for orders, staffing schedules, payroll records, a personal card, look for witnesses and go to court.

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Is service in the SA included in the preferential length of service? The work of a foreman - List No. 2. The full preferential length of service for a man according to List No. 2 for early retirement at 55 years old is 12 years 6 months. (Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”). In the special work experience according to List No. 2, the period of military service was included when assigning a pension according to the norms of the USSR Law of July 14, 1956 “On State Pensions”, which was in force until January 1, 1992 - the date of entry into force of the Russian Law of November 20, 1990 No. 340-1 “On state pensions in the Russian Federation.” When assigning a pension under the “old” Law of 1956, military service was equated to preferential work that followed the period of military service. Therefore, if, including the period of military service, a man completed at least 10 years of experience in hazardous working conditions before January 1, 1992, then today, to determine the right to early retirement, the old procedure for calculating the duration of preferential work experience can be applied, i.e. count in List No. 2 the period of military service upon conscription. Similar questions.

Is a former construction foreman entitled to early retirement at age 57?

Additional materials:

Good afternoon, dear ones! I'm interested in this question. I am 57 years old, with more than 25 years of work experience. Previously, he worked as a construction foreman for 10 years.. That’s a long time ago.. Is early retirement possible? After all, as they write: In accordance with paragraphs. 2 p. 1 art. 27 Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”, early labor old-age pension is assigned to men upon reaching the age of 55 years and women upon reaching the age of 50 years if they have worked in jobs with difficult conditions labor experience of at least 12 years, 6 months and 10 years, respectively, and have an insurance period of at least 25 and 20 years, respectively. If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance service, they are assigned a labor pension with a reduction in the age provided for in Article 7 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women;

Hello, Alexander Viktorovich. Works and specialties related to construction, which give the right to a preferential pension, are listed in List No. 2, approved by Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10 (Section XXVII). It is still used today in accordance with Decree of the Government of the Russian Federation dated July 18, 2002 No. 537. The list includes both blue-collar professions and positions of managers and specialists.

Preferential working specialties, in particular, include: - asphalt concrete workers; — bitumen workers; — masons (team); - stonemasons; — roofers for roll roofing and roofing made of piece materials, engaged in work using mastics and primers; — drivers of asphalt concrete pavers, etc.

Managers and specialists entitled to a preferential pension include construction and installation foremen and foremen. Underground work on the construction and repair of subways and underground structures is included in a separate group.

Builders are granted a pension five years earlier (for men who have reached the age of 55) if they have worked in jobs with difficult working conditions for at least 12.5 years and have an insurance period of at least 25 years.

Benefits are also provided to employees who have worked in heavy work for at least half of the established period (for men - six or more years), and who have the required insurance experience (25 years - for men).

24laws.ru

Foreman experience for a preferential pension

Case No. 2-476 was employed full time on the construction of buildings and structures: industrial, energy, hydraulic engineering, road bridges, transport and communications, residential and cultural and communal, as well as above-ground buildings and structures of mines, mines and communications, and after DD.MM.YYYY - in construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other objects as a construction and installation master.

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When assigning a pension, the Pension Fund did not include this period in the length of service. Preferential pensions according to List No. 2 are assigned to construction and installation work foremen, work performers of general construction and specialized organizations carrying out construction, installation and other works in a contract and economic way, including commissioning and repair and construction contracting organizations, which have a labor plan in construction.

Who is entitled to a preferential disability pension?

For citizens working in certain professions associated with dangerous or harmful working conditions (the so-called List No. 1, List No. 2 and “small” lists), early retirement is provided. Such harmful and difficult work includes the following productions:

mining and underground work (including mineral extraction);
metallurgical production (ferrous and non-ferrous metals);
production of explosives (gunpowder and ammunition);
oil and gas, coal and shale processing;
chemical production;
production of electronics and radio equipment;
production of building materials;
pulp production;
glass production (including porcelain and earthenware);
nuclear energy and others.

A complete list of industries, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension on preferential terms, was approved by Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10.

Work in these industries is accompanied by hazardous working conditions , which is associated with special danger, increased severity, the presence of injuries and other factors (gas pollution, background radiation, noise level, lighting, etc.), which can lead to occupational diseases, complete or partial loss ability to work.

List No. 1 of preferential professions for early retirement

List No. 1 (in everyday life, the “first grid”) identifies industries and professions for the early assignment of old-age pensions to persons who worked in harmful and dangerous working conditions - in hot shops, in underground work . The approved list includes professions for 24 types of industries:

metalworking;
metallurgical production;
chemical production;
transport;
nuclear energy and industry;
mining, etc.

A complete list of professions that belong to List 1 is presented in the document at the link.

Work experience in a profession provided for in List 1 after January 1, 2013 is counted as special experience if the employer deducts insurance contributions to the Pension Fund at an additional rate.

List No. 2 of industries, professions and positions

List No. 2 (or the “second grid”) defines professions for the early assignment of an old-age pension to persons who worked under difficult working conditions . Such professions are provided in 34 types of industries, for example, in:

chemical;
electrical engineering;
woodworking;
printing and film copying;
glass and so on.

A complete list of professions and industries that belong to List 2 for a preferential pension can be found in the document at the link.

Work experience in the profession provided for in List 2, after January 1, 2013, is counted as a special (preferential) if the employer pays insurance contributions to the Pension Fund at an additional rate.

Foreman experience for a preferential pension

Check whether your specialty in your work book corresponds to that recorded in the state classifier, whether your workplace is certified and whether there is an order for this at the enterprise. An entire category of hard workers employed in hazardous production has a single benefit: the legal right to retire for 5 years. or even 10 years earlier, but only if they already have the work experience required for retirement.

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At the same time, the right to early pension provision is not always given by working in one or another profession provided for in List No. 2. In relation to the above professions, early pensions are granted subject to the following work: The most common profession in construction is the profession of “bricklayer”.