How to prove the work fact in harmful working conditions
Good afternoon, prompt, please, that can be the work proof in harmful working conditions for appointment of preferential pension if all documents are, and the log-book of working hours is not present, since it has been destroyed on the basis of the Order of the Russian Academy of Sciences as not having value. Yours faithfully,
Toropina Irina Ivanovna
Good afternoon. To me have refused pension department in appointment of preferential pension at work in radiating conditions since there are no magazines of working hours which have been destroyed on periods of storage. Work for all years has been issued by orders on sending with instructions of terms and places. Whether can give leading research institute the inquiry confirming the fact of work in harmful conditions according to orders on sending? Thankful in advance.
Toropin Alexander Nikolaevich
the List of documents or other proofs which can confirm employment on work with work severe conditions, it is not established neither the Law, nor Lists, others podzakonnymi by the certificates directly concerning preschedule appointment of pension in connection with employment on work with severe conditions of work.
Thus according to Rules of calculation and acknowledgement of the insurance experience for an establishment of labour pensions (confirmed by the Governmental order from 24. 07. 2002 N 555), the basic document confirming the periods of work, is the work record card. At absence in it of necessary data as proofs inquiries of the employer and testimony can be represented.
However representatives of bodies PF of the Russian Federation take of other position and express opinion that only in some Cases the work record card can form the basis for the account in the special experience of the period of work without istrebovanija additional documents, these are cases: when the trade (post) specified in the work record card is named in Lists ¹1 and ¹2 and does not demand additional conditions; at the account an organisation profile in which the person worked, and also the work period (so if work proceeded to 01. 01. 1992 in planned economy conducting, in the organisation which gave in bodies sotsobespechenija (social security), and then - in departments of social protection of the population - the lists of trades provided by the legislation on the organisation employment in which granted the right to preschedule appointment of labour pension employment records will be enough). As, the majority of the trades named in Lists ¹1 and ¹2, is contained by additional conditions which, as a rule, are not reflected in work record cards, representatives PF demand specifying inquiries from the employer. Such inquiry should contain the information on character of work of the worker, its full employment, the reference to position number, section and the list. The basis of delivery of such inquiry should contain documents of a technical kind and others, proving employment in harmful conditions.
I Believe that such the position of representatives of bodies PF of the Russian Federation can be challenged. at refusal of body PF of the Russian Federation to consider in the special experience that period of work which is not confirmed by additional documents on a full employment, you have the right to address in court with the claim about preschedule appointment of labour pension.
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