Statistical observations show a high level of enterprises with harmful working conditions that affect health and pose a danger to human life. Harmful conditions are an increased concentration of hazardous gases, insufficient lighting, noise, radiation.
The circumstances taken into account when determining the environment of the impact of production on the employee are divided into normal, permissible, dangerous and harmful. Retirement due to harm is completely dependent on this. A list of professions providing for early retirement will be discussed below.
The classification is based on chemical, bacteriological, microclimatic components. They adversely affect health, cause occupational diseases, and lead to the loss of the ability to work. Compensating for such negative influence, the state legally established privileges for employees to receive early termination of employment.
This is a kind of harmful pension. List 2 and list 1 are presented in this article.
Guarantees
The Federal Law “On Insurance Pensions of the Russian Federation” states: who have worked the time established by law at enterprises with dangerous and harmful working conditions, they are guaranteed the opportunity to go on vacation earlier than the legally established period.
The list of preferential professions was published more than a quarter of a century ago (Resolution of the Committee of Ministers of the USSR on January 26, 1991). Over the past years, changes have been made to it, additions associated with the introduction of new professions, renaming of old ones. The main document is lists No. 1 and 2, defining professions that give the right to receive retirement due to harmfulness. We will consider the list of professions in more detail.
"Preferential" professions
The first list includes especially harmful and dangerous professions:
- miners;
- employees of the "hot shops";
- loggers;
- lifeguards;
- railway workers;
- geologists;
- other employees listed in this category.
The second list includes:
- transport workers (sea, rail, aviation, city);
- food and light industry workers;
- workers from pharmaceutical plants;
- mineral producers not underground;
- Doctors
- paratroopers;
- pilots;
- firefighters;
- artists (theater, ballet, circus);
- school principals;
- teachers
- speech therapists;
- defectologists;
- psychologists.
Early retirement conditions
For early retirement, certain conditions must be met. They depend on the list.
So, according to the first list:
- men must be at least 50 years old, their worked out special experience of 10 years, total work experience of 20 years;
- women - 45 years, special experience - 7.5 years, total working life of at least 15 years.
The grace time is 10 years, compared with the statutory retirement.
What other requirements does the hazard pension have?
List 2 implies retirement for men who have worked in harmful and dangerous conditions at the age of 55, and women - 50. Preferential experience should be 12.5 and 10 years, total - 25 and 20 years.
If this is observed, then retirement due to harmfulness is possible. The list of professions we have reviewed.
Accounting for preferential seniority
Responsibility for compiling a list of jobs, persons entitled to early termination of employment lies with the employer. He is obliged to pay insurance premiums, which are the basis for calculating the pension. Information is submitted to territorial pension funds.
A special assessment of working conditions is preliminarily carried out , which makes it possible to identify the degree of harm and danger to workplaces. Such work is carried out by specially accredited third-party organizations with which an agreement is concluded to conduct a procedure for checking the status of workplaces. After analyzing working conditions, they are assigned a class of harmfulness, which gives the right to receive an additional pension supplement.
The most common list of 2 harmful professions.
Making a preferential pension
A person who has the right to receive an early pension can contact the pension fund to obtain the necessary information on its establishment. Upon reaching a well-deserved rest, the following shall be submitted to the pension fund:
- employment record, which is the main indicator of the worked experience;
- official identification document;
- to persons who are in the reserve of the armed forces of the Russian Federation - a military registration document;
- certificate of income and income tax;
- a document issued by the employer confirming dangerous and harmful working conditions on the length of service of a retiring person under these conditions;
- medical examination data;
- tax identification number (TIN);
- insurance number of an individual personal account (SNILS).
In some cases, specialists request missing information to confirm the correctness of the submitted information:
- agreement between the employer and the employee when applying for a job;
- payroll register;
- extract from the order on the beginning of labor relations, industrial movements within the enterprise.
Documents are submitted to the pension fund at the location of the future pensioner, together with an application for state support. It is appointed during the quarter. The recipient determines the method of its receipt: delivery at the place of registration, transfer to a personal bank account, transfer to a plastic bank card.
Incomplete required work
How to determine when retirement due to harmfulness (the list of professions is taken into account)?
If the required length of service is more than half, the preferential retirement age is increased:
- list No. 1 - for one year for each full time spent on a preferential profession;
- according to list No. 2 - for 12 months for men for 2.5 worked for privileges, for one year - for women for every 2 worked for privileged professions.
There are refusals in the design. Often, despite the harmful work being done, the profession recorded in the personal document of the employee is not identical to that established by law. The applicant will need time to compile, provide information, orders, any other materials confirming dangerous and harmful working conditions within the specified documented time.
The experience for the work performed, included in different lists, is not cumulative.
Calculation of the amount of pension payment
The harmful pension is calculated according to the rules for calculating the usual, taking into account the increased insurance payments of the employer for the reasons the employee received:
- chronic illness while working in a harmful enterprise;
- disability due to professional activities in hazardous work;
- during the work of an incurable disease.
All this, including a list of 2 harmful professions.
Fund specialists are counting the days of general labor activity and in harmful conditions. All work hours, medical exemptions, maternity leave, days off for hours worked, annual paid days off, downtime due to the fault of the employer are summarized. Excluded:
- child care time;
- training (if it did not pass in the direction of the employer);
- business trips.
Witness testimonies about working together in harmful conditions on the basis of the law “On labor pensions” are not taken into account.
Necessary control
When settling down at an industrial enterprise, it is necessary to fix the “harmfulness” in the form of additional cash allocations of targeted cash contributions for compensation for the damage received in the signed labor agreement. During work, it is necessary to control individual accounting, fixing the length of service for the harmfulness of a pension.
Regular familiarization with the entries in the official personal document containing information about the employee will allow you to follow the correct name of your work position corresponding to special lists. You need to get acquainted with the results of the commission on special assessments of working conditions. The information received, which does not correspond to the real situation, makes it possible to protect their legitimate interests in the state labor inspectorate and in the judiciary. When leaving, it is necessary to obtain a certificate of preferential work experience certified by the employer.
This is a unique harmful pension.
Reasons for self-control over receiving a “harmful pension”
This is especially true when an employer, having concluded an agreement to conduct a special assessment of working conditions with an independent licensed organization, tries to obtain results that reduce the level of harmfulness, a corresponding reduction in the amount of pension contributions, and a decrease in the level of wages of an employee who has developed a mandatory period in harmful conditions. This category of workers may receive additional benefits: shorter working hours, extra rest, vacation, medical nutrition, free medical care.
Timely acquaintance with the documents necessary for obtaining a preferential pension will allow avoiding lengthy litigation when refusing to appoint it, because an early harmful pension is desirable for many.