From paragraph III. “Wage allowances and calculation continuous experience work that gives the right to receive benefits and compensation" Instructions on the procedure for providing social guarantees and compensation for persons working in the regions of the far north and in areas equated to the regions of the far north, in accordance with current regulations: Percentage bonuses are accrued on earnings (excluding the regional coefficient and remuneration for length of service) in the following amounts: b) in the rest regions of the Far North - 10% of earnings after the first six months of work with an increase of 10% for each subsequent six months of work, and upon reaching a sixty percent bonus - 10% of earnings for each subsequent year of work until reaching 80% of earnings....d) youth ( persons under the age of 30) who have lived for at least a year in the Far North and enter into an employment relationship, bonuses are accrued from January 1, 1991 in the amount of 20% after the first six months of work with an increase of 20% for each subsequent six months and upon reaching 60% of the bonus - the last 20% per year of work.... Help me understand and correctly apply these instructions. Situation 1. An employee under the age of 30 came to work at the RKS from the Central Distribution Center. He did not live for a year in RKS. How can he calculate northern bonuses for working in the RKS? Situation 2. An employee under the age of 30 came to work in the RKS from an area equivalent to the RKS, and already has a northern bonus of 20%. He did not live for a year in RKS. How can he accrue northern bonuses for working in the RKS?
Answer
Answer to the question:
The amount of the percentage bonus for work in the Far North depends on:
- from the area in which the employee works;
- on the employee’s age;
Employees under 30 years of age are entitled to a supplement of . However, in order to benefit from the increased interest rate, they must have lived in the relevant region for at least one year ( Instructions approved ).
Situation 1. An employee under the age of 30 came to work at the RKS from the Central Distribution Center. He did not live for a year in RKS. How can he accrue northern bonuses for working in the RKS?
For such an employee, the amount of the bonus is calculated in general procedure(depending on the RKS region):
The bonus is calculated in the amount of 10% of earnings after the first six months of work with an increase of 10% for each subsequent six months of work (until 100% of earnings are reached)* The bonus is calculated at the rate of 10% of earnings after the first six months of work, with an increase of 10% for each subsequent six months of work. Upon reaching 60%, the bonus is calculated in the amount of 10% of earnings for each subsequent year of work (until reaching 80% of earnings)* paragraph 16 of the Instructions approved Situation 2. An employee under the age of 30 came to work in the RKS from an area equivalent to the RKS, and already has a northern bonus of 20%. He did not live for a year in RKS. How can he accrue northern bonuses for working in the RKS?
If an employee has lived at least a year in the ISS (if not, see the table above), then the bonus (until age 30) will be calculated as follows:
The amount of the bonus at the new place of work is determined summing up bonuses (in percentage) earned at each job (clause 3 of the Explanations, approved).
In the regions of the Far North: Chukotka Autonomous Okrug, North-Evensky District of the Magadan Region, territories of the former Koryak Autonomous Okrug (now part of the Kamchatka Territory), Aleutian District of the Kamchatka Territory, islands of the Arctic Ocean and its seas (except for the White Sea islands) The bonus is calculated at the rate of 20% after the first six months of work with an increase of 20% for each subsequent six months. Upon reaching 60%, the bonus is calculated at the rate of 20% for each year of work (until 100% of earnings are reached) paragraph 16 of the Instructions approved In other regions of the Far North The bonus is calculated at the rate of 20% after the first six months of work with an increase of 20% for each subsequent six months. Upon reaching 60%, the bonus is calculated at the rate of 20% per year of work (until reaching 80% of earnings) Details in the materials of the Personnel System:
Types of allowances
What payments are due to employees for working in the Far North?
The right to receive a bonus for work in the northern regions is established in Labor Code RF and Law of February 19, 1993 No. 4520-1. To the extent that it does not contradict these documents, the regulations of the USSR are still in effect, explaining the procedure for calculating bonuses (orders of the Ministry of Labor of the RSFSR dated November 22, 1990, etc.).
Northern regions
Which regions belong to the Far North
In addition to the regions of the Far North and equivalent areas, the percentage premium is also paid in other northern regions. The list of such regions is established in the Instructions approved.
Right to bonuses
Who is entitled to “northern” bonuses?
In addition to employees who constantly work in, employees who periodically work in the North () are also entitled to receive a percentage increase. Employees sent to the northern regions on a business trip are not entitled to a percentage increase (clause and Instructions approved).
Question from practice: is a percentage premium and regional coefficient charged for work in the Far North under a civil contract?
No, it is not charged.
Employees under 30 years of age are entitled to a supplement of . However, in order to benefit from the increased interest rate, they must live in the relevant region for at least one year (Instructions approved).
Such rules are provided for by the Instructions approved by , and the Instructions approved by .
Experience for bonus
Does the bonus for working in the Far North depend on the employee’s work experience in this region?
Percentage increases depend not only on, but also on his work experience in a given region (). The length of service giving the right to receive bonuses is determined in calendar days of work in the relevant region on an accrual basis. Breaks in work and their duration, as well as reasons for termination of employment relations on the procedure for calculating length of service. This follows from the provisions of the Decree of the Government of the Russian Federation of October 7, 1993 No. 1012 and the established judicial practice, the general approach of which is set out in.
Determine the length of service to receive a percentage increase from your work book or from certificates issued by organizations (Instructions, approved, Instructions, approved).
However, these rules have now been revised.
Thus, work experience, giving the right to receive bonuses, is determined in calendar days of work in the corresponding region on an accrual basis. Breaks in work and their duration, as well as the reasons for termination of the employment relationship do not affect the procedure for calculating length of service. The validity of this approach is reflected in.
Question from practice: is the period when an employee is on maternity leave and parental leave included in the length of service for the purpose of calculating and establishing a percentage increase in salary for work in the Far North?
Yes, it turns on.
Employees located in and in, retain their place of work and position (Article, Labor Code of the Russian Federation). In this regard, the time spent on maternity leave and child care leave is included in the length of service for the purpose of calculating and establishing a percentage increase in salary for work in. This conclusion follows from the totality of the provisions of the Labor Code of the Russian Federation, clarifications approved by, and Instructions approved by.
Question from practice: is the period when an employee is on vacation at his own expense (more than 14 calendar days per year) included in the length of service for the purpose of calculating and establishing a percentage increase in salary for work in the Far North
Yes, it turns on.
Employees located in , retain their place of work and position, regardless of its duration (). In this regard, the time spent on leave without pay (including more than 14 calendar days per year) is included in the length of service for the purpose of calculating and establishing a percentage increase in salary for work in. This conclusion follows from the totality of the provisions of the Labor Code of the Russian Federation, clarifications approved by, and Instructions approved by.
Question from practice: is the period of military service in the Far North included in the length of service for the purpose of calculating and establishing a percentage increase in salary for work in the Far North?
Yes, as a general rule it is included.
Question from practice: is the period of activity as an individual entrepreneur included in the length of service to establish a percentage increase in wages for work in the Far North. The employee presented an extract from the State Register of registration as an entrepreneur. There is no entry in the work book about activities as an entrepreneur
No, it doesn't turn on.
Question from practice: how to set a bonus for an employee who, as of December 31, 2004, was under 30 years old and had lived in the Far North for more than five years
Traditionally, employees of organizations located in were paid a percentage bonus to their monthly earnings, the amount of which increased with increasing length of continuous work in the regions of the Far North and equivalent areas (). From January 1, 1991, for persons under the age of 30 who have lived at least one year in the Far North and enter into labor relations, bonuses were established on a preferential basis: in the amount of 20 percent after the first six months of work, with an increase of 20 percent for every next six months, and upon reaching a 60 percent bonus - the last 20 percent - for one year of work ().
Question from practice: how to establish the next percentage increase in wages for work in the Far North. The employee turned 30 years old
Such conclusions follow from the provisions of paragraph 1 of the Resolution of the Council of Ministers of the RSFSR dated October 22, 1990 No. 458, paragraph 16 of the Instructions approved, and are confirmed.
An example of an increase in bonus for an employee working in the Far North or equivalent areas. Employee turns 30 years old
Manager of Alfa CJSC A.S. Kondratiev works and lives in the city of Bratsk, Irkutsk region - an area equated to the regions of the Far North. On October 12, 2012 (one and a half years after employment), Kondratiev was given another increase of 30 percent. At the time of its establishment, Kondratiev’s age was 29 years and eight months. The next increase in the amount of 40 percent will be established for the employee in the general manner (after a year of work), and not in the preferential manner (after six months), since at the time the preferential increase is established (in six months, i.e. April 12, 2013) Kondratiev will already be 30 years and he will lose the right to set allowances in an accelerated manner.
Accrual of bonus
How to calculate a bonus for work in the Far North
The bonus is accrued from the date the employee becomes entitled to it. For part-time employees working in the organization, accrue percentage bonuses for length of service in the same way as other employees ().
Apply the bonus to the employee’s actual earnings, including remunerations for length of service and based on the results of work for the year, provided for by the remuneration system. Do not apply a surcharge:
- on ;
- for payments based on average earnings, for example, vacation pay, payment for business trips, etc.;
- for financial assistance;
- for payments that are of a one-time incentive nature and not determined by the remuneration system (bonuses for anniversaries, holidays, etc.).
Therefore, the first percentage increase was accrued to Ivanov only from July 11, 2014 (after the first year of residence in the area) in the amount of 10 percent.
There are a total of 23 working days in July 2014. The bonus was accrued for the period from July 11 to July 31 (15 working days).
The amount of the bonus was:
8000 rub. × 15 days : 23 days × 10% = 521.74 rub.He must receive the next percentage increase after 12 months from the start of work (six first and six subsequent months of work). That is, from September 11, 2014, he is entitled to a 20 percent bonus.
There are 22 working days in September 2014. For 8 working days (from September 1 to September 10 inclusive) the premium is charged in the amount of 10 percent, for 14 working days (from September 11 to September 30 inclusive) - in the amount of 20 percent.
The amount of the percentage increase for September 2014 for Ivanov was:
8000 rub. × 8 days : 22 days × 10% + 8000 rub. × 14 days : 22 days × 20% = 1309.09 rub.There are 21 working days in March 2015. For 6 working days (from March 1 to March 10 inclusive) the premium is charged in the amount of 20 percent, for 15 working days (from March 11 to March 31 inclusive) - in the amount of 30 percent.
The amount of the percentage increase for March 2015 for Ivanov was:
8000 rub. × 6 days : 21 days × 20% + 8000 rub. × 15 days : 21 days × 30% = 2171.43 rub.In the future, the allowance will continue to increase by 10 percent every six months until it reaches 50 percent of earnings.
Recalculation of bonuses for work in the Far North
When an employee moves from one region to another, it may be necessary to recalculate the percentage increase. The allowance is recalculated if different procedures for its calculation are established in these regions. Calculate the amount of the premium according to the rules established in the clarifications approved. For more information on the procedure for recalculating the premium, see.
A question from practice: at what point should the percentage bonus for work in the northern regions be recalculated: from the date of concluding an employment contract with an employee or from the moment he submits documents confirming that he has previously worked in the Far North. After six months of work, the employee presented a certificate from the archive confirming his work in the Far North. There was no entry about this work in the work book
Recalculation must be made from the date of submission of the document (archival certificate).
The length of service that gives the right to assign a bonus for work in is determined by the employer on the basis of the documents submitted by the employee ( work book, employer’s certificates about work under special conditions, etc.). , approved , and , approved , regulating the procedure for calculating northern allowances, do not provide for the employer’s obligation to recalculate the accrued allowance for the past in connection with the submission of documents confirming work experience in the Far North at a later time. Recalculation must be made from the moment of receipt of the documents necessary to establish the length of service giving the right to a higher percentage increase (
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Early pensions for the "northerners"
Persons working in the Far North have the right to early retirement pensions in old age.
This right to early retirement retirement pension for “northerners” is regulated by the Federal Law “On Labor Pensions in the Russian Federation”.
The specifics of granting early pensions to “northerners” are:
in reducing the retirement age for long-term work in the North, since the life expectancy of “northerners” is 5-6 years less than the Russian average;
in a preferential manner for calculating the total length of service, which is associated with the negative impact of unfavorable natural and climatic conditions on the employee’s body;
in the calculation of regional coefficients for pensions, as well as for compensation payments associated with the high cost of living in the northern regions.
For “northerners,” the right to early old-age pension arises at a more early age than among citizens who worked in areas with normal natural and climatic conditions:
men upon reaching 55 years of age and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equivalent to them, with an insurance period of 25 years for men and 20 years for women;
for women with two or more children, an old-age pension is assigned upon reaching the age of 50 years if they have an insurance period of at least 20 years, if they have worked for at least 12 calendar years in the regions of the Far North or at least 17 calendar years in areas equivalent to them .
The duration of the required special experience depends on the severity of natural and climatic conditions (the regions of the Far North are more severe than the localities equated to them), therefore rules have been established for summing up periods of work in different northern regions and localities.
The pension in such cases is established for 15 calendar years of work in the Far North. At the same time, each calendar year work in areas equated to the regions of the Far North is considered to be nine months of work in the regions of the Far North.
The law provides for the possibility of assigning a pension with a reduction in age in proportion to the length of service.
This requires at least 7 years 6 months of work in the Far North.
In this case, the labor pension is assigned with a reduction in the retirement age by four months for each full calendar year of work in these areas.
The preferential procedure for calculating the northern length of service is applied when calculating the total length of service for assigning a pension on a general basis, as well as in connection with special working conditions, which is calculated at one and a half times the amount regardless of the fact of concluding a fixed-term employment contract.
This norm establishes the right to an old-age pension with incomplete total work experience, if it is at least 5 years.
Accordingly, for persons who worked only in the North, an old-age pension with incomplete work experience can be assigned if such work lasted for at least 3 years 4 months (3 years 4 months = 40 months; 40 months x 1.5 = 60 months = 5 years ).
At one and a half times the northern periods are included in the total length of service for a woman with two or more children, as well as for the assignment of pensions to participants in the liquidation of the consequences of the Chernobyl nuclear power plant disaster in the exclusion zone in accordance with the Federal Law “On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant."
In the preferential (one and a half) amount, not any periods taken into account as part of this length of service are counted towards the total length of service, but only periods of work (service).
Reindeer herders, fishermen, and commercial hunters permanently residing in the Far North and equivalent areas have the right to early retirement:
men - upon reaching the age of 50 years and with at least 25 years of work experience;
women - upon reaching the age of 45 and with at least 20 years of work experience.
Work as a reindeer herder, fisherman and commercial hunter is of equal value, therefore they can be awarded a pension if special work experience of this person consisted of working as a reindeer herder, a fisherman, and a commercial hunter. In this case, the right to a pension depends not only on the area where the work took place, but also on the nature of the work.
For these categories of workers, the pension is established at a lower retirement age compared to “northerners” employed in ordinary jobs. A special condition has been established for them - the fact of permanent residence in the northern regions.
At the same time, for women the required length of service is 5 years less than for men.
To assign a pension, it is enough to work as a reindeer herder, fisherman and (or) commercial hunter in the North for men - at least 16 years 8 months, for women - at least 13 years 4 months in calendar terms.
For northern workers applies general rule that work that gives the right to a pension due to special working conditions is equated to special length of service. Moreover, if it occurred in the northern regions, then it is counted towards the special experience of reindeer herders, fishermen and commercial hunters at one and a half times the rate.
Work under normal working conditions is not taken into account, regardless of the area where it was carried out.
For example, if the work took place in areas equated to the regions of the Far North, and is less than 20 years, then you first need to establish what is the length of experience of this work when transferring it into work experience in the regions of the Far North, and then apply the rule on granting a pension with a decrease age.
Citizens who have worked in the Far North for at least 7 years and 6 months are granted an early pension with an age reduction of 4 months for each full calendar year of work in these areas.
For citizens who worked both in the regions of the Far North and in areas equated to the regions of the Far North, a labor pension is established for 15 calendar years of work in the regions of the Far North.
Each calendar year of work in areas equated to the regions of the Far North is counted as 9 months of work in the regions of the Far North.
Persons who have worked in the regions of the Far North for at least 15 calendar years, and in equivalent areas - at least 20 and have the insurance period and experience in the relevant types of work necessary for early assignment of an old-age pension, retirement age decreases by 5 years.
In addition to lowering the retirement age, “northerners” also have a preference when determining the size of their pension.
As a general rule, when determining the insurance part of a labor pension, an earnings ratio of no more than 1.2 is taken into account. For northerners, this ratio can be taken into account in the amount of 1.4 to 1.9, depending on what regional coefficient was added to their salary while working in the North.
When assigning pensions early, the list of regions of the Far North and equivalent areas is used, which was used when assigning state old-age pensions in connection with work in the Far North as of December 31, 2001.
Example
Slotov R. worked for 8 years in Arkhangelsk (an area equated to the regions of the Far North) and 10 years in Murmansk (a region of the Far North).
We transfer work in similar areas to work in the Far North:
8 years x 9 months = 72 months/12 = 6 years.
Let's add 6 years to the existing work experience in the Far North regions - 10 years, and we get 16 calendar years of work in the Far North regions, which gives the right to early assignment of an old-age pension.
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You can also read other articles on the topic of labor pensions:
Types of labor pensions and their structureTypes and conditions for assigning a labor pension
Documents for assigning a labor pension
Persons entitled to a labor pension
Examples of assignment of labor pensions
Conditions for assigning a labor pension
Types of work experience
Continuous work experience
Total work experience
Examples of calculating work experience
Special work experience
Insurance experience
Amounts of old-age labor pension
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Besides, women entitled to retire at 50 years old, if they simultaneously meet three conditions:
- gave birth to two or more children;
- have a total insurance experience of at least 20 years;
- have worked for at least 12 calendar years in the Far North, or at least 17 calendar years in areas equivalent to it.
Also, those who have worked for at least 20 years (women) and 25 years (men) as reindeer herders, fishermen or commercial hunters can retire earlier (at 45 years old) and (at 50 years old). In this case, a mandatory condition is permanent residence in these areas.
Retirement age in the north
The legislation of the Russian Federation provides for the establishment of old-age insurance payments with a decrease in retirement age proportionally existing work experience in the Northern regions. For each calendar year of work, the retirement age decreases for 4 months.
Thus, persons who have worked in the Far North a certain number of years, can receive payment earlier than the generally established age in Russia, regardless of whether they live in these areas or not:
| Insurance experience in the Far North (years) | Age for granting old-age pension | |
|---|---|---|
| Women | Men | |
| 7 and a half | 57 years 8 months | 62 years 8 months |
| 8 | 57 years 4 months | 62 years 4 months |
| 9 | 57 years old | 62 years old |
| 10 | 56 years 8 months | 61 years 8 months |
| 11 | 56 years 4 months | 61 years 4 months |
| 12 | '56 | 61 years old |
| 13 | 55 years 8 months | 60 years 8 months |
| 14 | 55 years 4 months | 60 years 4 months |
| 15 and more | 55 years old | 60 years old |
For citizens who carried out labor activities in localities equated to a given district, each calendar year of work is considered as 9 months work experience in the Far North.
Early social old-age pension
If a citizen, due to any circumstances, was unable to earn a sufficient amount pension points, the required work experience or did not work at all, then he is entitled to an insurance pension doesn't have.
However, the legislation of the Russian Federation provides for these categories of the population. Just like insurance, it is established upon reaching a certain age. However, it is worth noting that in some cases social pension may be scheduled earlier.
In accordance with paragraph 4 of Part 1 of Art. 11 of Law 166-FZ of December 15, 2001, women can apply for social security in old age at 50 years old, and men at 55 years old only if they are representatives small peoples of the North and permanently reside in these areas.
According to the Decree of the Government of the Russian Federation No. 1049 of October 1, 2015, the small peoples of the North include the Aleuts, Itelmens, Nenets, Chukchi, Evenks, etc. The rest of the citizens who do not belong to these nations, social payment old age is set at the same level as everyone else in the country - at 65 years (women) and 70 years (men).
The size of the pension for northerners
For all citizens of our country, the insurance pension is calculated in accordance with Article 15 of Federal Law No. 400-FZ. determined by the following formula:
SP st = IPK × SPK + FV,
- SP st- old age insurance pension;
- IPC- individual pension coefficient (number of pension points);
- SPK- the cost of one point on the day the security is established;
- FV- fixed payment.
The social pension has been indexed.
Is the northern pension preserved when moving to another region of Russia?
In accordance with the legislation of the Russian Federation, when moving to a new place of residence, the size northern pension subject to recalculation. Moreover, depending on where the pensioner moves, the amount can be either reduced or increased.
- The size is subject to revision, which is determined taking into account regional coefficient.
- This coefficient is established only for the period during which the recipient lives in the northern region.
- In addition, each northern region has its own coefficient and, accordingly, the amount of the pension upon assignment may differ.
If a pensioner moves to a region with normal climatic conditions, the fixed payment to his pension will be recalculated without taking into account this coefficient, which, accordingly, will affect the size of the pension - it will be lower.
Thus, when moving to another region of our country, the northern pension is not saved, since the fixed payment to it is paid in an increased amount only during the period of permanent residence of pensioners in these areas.
The procedure for assigning and paying pensions in the Far North
Apply for the appointment of a pension payment, both for insurance and for social security a citizen can immediately after acquiring the right to it. To do this, you must submit to the territorial body Pension Fund Russia or the Multifunctional Center corresponding statement and.
The Pension Fund is considering an application for a pension within 10 working days from the day of its reception. If a positive decision is made, the payment is established from the first day of the month of application. Both one and the other type of pension provision are paid monthly and assigned indefinitely by application.
If a citizen received, but did not acquire the right to, he will automatically be assigned a social old-age pension.
The recipient of the security has the right to choose one of three existing delivery methods cash:
- Russian Post (to your home or at the box office);
- delivery organization (to home or at the box office);
- bank (at the cash desk or by card).
Read in the article:
- How to determine percentage increases in wages and regional coefficient
- Is the employee entitled to additional leave?
- What guarantees are provided to women working in the Far North and similar areas?
Labor legislation provides guarantees and compensation to workers in the regions of the Far North and equivalent areas - these include wage supplements, regional coefficients, additional leaves, shortened working hours, etc. Failure to provide appropriate guarantees and compensation is a violation of labor legislation and may entail administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. In addition, employees can restore their rights in court, while recovering from the employer compensation for moral damage (Article 237 of the Labor Code of the Russian Federation), as well as interest for the delay in payment of part of wages (Article 236 of the Labor Code of the Russian Federation). One of the tasks of a personnel officer is to prevent errors in personnel documents when registering employees.
What guarantees are provided?
We determine percentage increases in wages and regional coefficient
Step 1. Find out whether labor laws provide for wage supplements in a certain area.
According to Art. 148 of the Labor Code of the Russian Federation, workers engaged in work in areas with special climatic conditions are guaranteed wages in the manner and amount not lower than those established by labor legislation and other regulatory legal acts containing labor law norms. During the Soviet era, percentage bonuses for length of service were stimulating in order to attract people to live and work in areas with special climatic conditions. Today, regional coefficients and percentage bonuses for employers not related to the public sector are rather formal in nature. But the establishment of appropriate guarantees is a mandatory requirement of labor legislation, so the employer is obliged to establish them. This is confirmed by judicial practice.
According to the Review of the Supreme Court of the Russian Federation of the practice of consideration by courts of cases related to the implementation of labor activities by citizens in the regions of the Far North and equivalent areas dated February 26, 2014, the courts correctly come to the conclusion that, regardless of the location of the organization, wages for workers of its separate structural units located in the regions of the Far North and equivalent areas are paid using regional coefficients and percentage increases in wages.
The task of the personnel officer is to determine whether a salary increase is provided for a given area. The surcharge is established if the name of the locality is indicated in the regulations. The difficulty is that in this legal area there are still scattered regulations in force former USSR, which continue to apply on the basis of Art. 423 Labor Code of the Russian Federation.
Below is a classification of localities for which workers are entitled to increased wages:
- Supplements for persons living in RKS and MKS are applied based on:
- Article 315 of the Labor Code of the Russian Federation;
- Article 11 of the Law of the Russian Federation of February 19, 1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” (as amended on December 31, 2014).
These laws only establish the calculation of the premium, without describing the procedure for calculation, the amount and without indicating the areas in which such premiums should be calculated.
- The list of areas that belong to the RKS and ISS areas can be determined based on:
- Resolution of the Council of Ministers of the USSR dated 01/03/1983 No. 12 “On introducing amendments and additions to the List of regions of the Far North and localities equated to regions of the Far North, approved by Resolution of the Council of Ministers of the USSR dated November 10, 1967 No. 1029” (together with the “List of areas The Far North and areas equated to the regions of the Far North, which are subject to the Decrees of the Presidium of the Supreme Soviet of the USSR dated February 10, 1960 and September 26, 1967 on benefits for persons working in these areas and areas”, approved by the Resolution of the USSR Council of Ministers dated November 10, 1967 No. 1029).
- The procedure for calculating and the amount of allowances for residents of RKS and MKS are established:
- Decree of the Presidium of the Supreme Soviet of the USSR of September 26, 1967 No. 1908-VII “On the expansion of benefits for persons working in the regions of the Far North and in areas equated to regions of the Far North”;
- Resolution of the Council of Ministers of the RSFSR dated October 22, 1990 No. 458 “On the streamlining of compensation to citizens living in the Northern regions” (as amended on May 31, 1995);
- Explanation of the Ministry of Health and Social Development of Russia dated January 20, 2005 No. 95-Pr;
- Explanation of the Ministry of Health and Social Development of Russia dated January 20, 2005 No. 97-Pr;
- Order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2 “On approval of the Instructions on the procedure for providing social guarantees and compensation to persons working in the regions of the Far North and in areas equated to the regions of the Far North, in accordance with current regulations” (as amended on 11.07 .1991).
- The list of areas with special climatic conditions, the amount and procedure for calculating allowances are established:
- Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 04/06/1972 No. 255 “On benefits for workers and employees of enterprises, institutions and organizations located in the Arkhangelsk region, the Karelian Autonomous Soviet Socialist Republic and the Komi Autonomous Soviet Socialist Republic” (as amended on 02/25/1994);
- Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of 01/09/1986 No. 53 “On the introduction of bonuses to wages of workers and employees of enterprises, institutions and organizations located in the southern regions of the Far East, the Buryat Autonomous Soviet Socialist Republic and the Chita region”;
- Resolution of the Council of Ministers of the USSR, All-Russian Central Council of Trade Unions dated September 24, 1989 No. 794 “On the introduction of wage supplements for workers and employees of enterprises, institutions and organizations located in the southern regions of the Irkutsk region and Krasnoyarsk Territory.”
It is necessary to take into account that the name and territorial division of some subjects of the Russian Federation were amended by later (compared to Decrees and Resolutions) regulations (for example, Irkutsk, Arkhangelsk regions, Krasnoyarsk, Chukotka, Nenets Autonomous Okrugs, etc.). Therefore, to search for the names of these subjects of the Russian Federation in the list, you need to check the correspondence of the names of the localities.
The amount of the percentage increase depends on the length of service and age of the employee and is determined for each employee individually.
Example 1
Let's determine whether a percentage premium has been established in the city of Ukhta, Komi Republic. The name of the city of Ukhta is indicated in the Resolution of the USSR Council of Ministers dated January 3, 1983 No. 12 in the section “Localities equated to regions of the Far North.” Paragraph “c” of Part 1 of the Decree of the Presidium of the Supreme Soviet of the USSR dated September 26, 1967 No. 1908-VII states that in areas equated to the regions of the Far North, a premium is paid. So, in this city it is necessary to apply a salary supplement.
Step 2. Determine whether labor legislation provides for a regional coefficient in a certain area.
According to Art. 316 of the Labor Code of the Russian Federation, the size of the regional coefficient and the procedure for its application for calculating wages of employees of organizations located in the regions of the Far North and equivalent areas are established by the Government Russian Federation. Currently, such a normative act has not been adopted. Until the adoption of the relevant act, regional coefficients continue to be applied to the wages of employees in the amounts established by government bodies of the Russian Federation or the former USSR (Part 1 of Article 423 of the Labor Code of the Russian Federation, Review of the Supreme Court of the Russian Federation dated February 26, 2014).
Conventionally, regional coefficients can be divided:
- on regional coefficients for manufacturing sectors;
- regional coefficients for non-manufacturing industries.
To summarize and clarify sizing information regional coefficients for non-production areas and the procedure for their practical application contained in regulatory legal documents (including the former USSR), relevant information and methodological materials were developed (Information letter of the Department of Pension Issues of the Ministry of Labor of Russia dated 06/09/2003 No. 1199-16, Department of Population Income and Level life of the Ministry of Labor of Russia dated May 19, 2003 No. 670-9, Pension Fund of the Russian Federation dated June 9, 2003 No. 25-23/5995).
Regarding manufacturing industries, then regional coefficients are established by a large number of regulations (Resolutions of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, Resolutions of the Council of Ministers and the Government of the Russian Federation from 1960 to 2013). Currently, legal reference systems prepare appropriate reviews that help find a specific region and determine the regional coefficient established in it.
The regional coefficient is used when calculating the salaries of all employees working in a given territory, regardless of age and length of service.
Example 2
Let us determine the size of the regional coefficient for the city of Ufa. According to the Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated 07/02/1987 No. 403/20-155 “On the size and procedure for applying regional coefficients to the wages of workers and employees for whom they are not established, in the Urals and in manufacturing sectors in the northern and eastern regions of the Kazakh SSR" in the Bashkir Autonomous Soviet Socialist Republic, the regional coefficient is 1.15. The city of Ufa is located in the Republic of Bashkiria, which was formerly called the Bashkir Autonomous Soviet Socialist Republic. Thus, the regional coefficient in Ufa is 1.15.
Judicial practice confirms the employer’s obligation to calculate and pay wages to employees, taking into account the regional coefficient and percentage bonus.
Judicial practice
The court of first instance reasonably satisfied the plaintiff's claims based on the fact that for the entire period of work the defendant calculated and paid him wages without taking into account the regional coefficient and percentage bonus for work in the RKS, while the plaintiff had the right to an appropriate guarantee (percentage bonus in the amount of 80 %), since the Murmansk region belongs to the RKS.
Appeal ruling of the Murmansk Regional Court
dated September 12, 2012 No. 33-2422
Step 3. Determine the percentage of the bonus for the employee applying for the job.
The percentage of the bonus is determined depending on the length of service and age of the employee (for the list of regulatory legal acts governing the procedure for calculating and the amount of bonuses for residents of RKS and MKS, see p. 40.
To simplify the determination of the percentage bonus, conditional workers can be divided into the following categories (table).
|
groups |
subgroups |
Amount and procedure for calculating the allowance |
|
|
First. Workers over 30 years of age, as well as under 30 years of age, whose length of residence in the RKS and ISS areas is less than one year and who entered into an employment relationship after December 31, 2004 |
10% of earnings after the first six months of work, with an increase of 10% for each subsequent six months of work until 100% of earnings are reached |
||
|
10% of earnings after the first six months of work, with an increase of 10% for each subsequent six months of work, and upon reaching 60% of the bonus - 10% of earnings for each subsequent year of work until 80% of earnings are reached |
|||
|
10% of earnings after the first year of work, with an increase of 10% for each subsequent year of work until 50% of earnings are reached |
|||
|
10% of earnings after the first year of work, with an increase of 10% for each subsequent two years of work until reaching 30% of earnings |
|||
|
Second. Workers under 30 years of age whose length of residence in the RKS and ISS areas is at least one year and who entered into an employment relationship after December 31, 2004 |
20% after the first six months of work with an increase of 20% for each subsequent six months and upon reaching 60% of the premium - the last 20% for one year of work |
||
|
10% for every six months of work |
|||
According to the Decree of the Government of the Russian Federation dated October 7, 1993 No. 1012 “On the procedure for establishing and calculating length of service for receiving a percentage increase in wages for persons working in the regions of the Far North, equivalent areas and in other regions of the North”, taking into account the Determination of the Supreme Court of the Russian Federation dated 12/23/2004 No. KAS04-596, the length of service giving the right to receive a percentage increase in wages includes all periods during which the employee performed a labor function in special climatic conditions. In this case, the corresponding length of service is summed up regardless of the duration of the break in work and the motives for terminating the employment relationship, with the exception of dismissal for guilty actions.
Periods of activity on the basis of civil contracts, as an individual entrepreneur, and some others are not included in the length of service that gives the right to receive a percentage increase in wages.
Example 3
The employee works at an enterprise located in Murmansk. His work experience at RKS is two years and one month. The employee's age is 32 years. According to the Decree of the Council of Ministers of the USSR dated 01/03/1983 No. 12, Murmansk belongs to the RKS (subgroup 2 of group 1), which means the percentage bonus is calculated as 10% of earnings after the first six months of work with an increase of 10% for each subsequent six months of work, and after upon reaching a 60% bonus - 10% of earnings for each subsequent year of work until reaching 80% of earnings. The percentage increase for two years of work will be 40%.
Judicial practice confirms the need to calculate the percentage premium specifically for each employee, based on work experience in the relevant areas and age.
Judicial practice
The employee filed a claim with the organization in the Vsevolozhsk City Court of the Leningrad Region for the recovery of unpaid wages. The plaintiff worked in the Arkhangelsk division, and the salary was paid to her without taking into account the percentage bonus and the regional coefficient. The court found that, according to the Information Letter of the Ministry of Labor of Russia dated May 19, 2003 No. 670-9, in the city of Arkhangelsk a regional coefficient of 1.20 is applied. According to the Resolution of the Council of Ministers of the USSR dated January 3, 1983 No. 12, Arkhangelsk is classified as an area equated to the RKS. In accordance with paragraphs. “c” clause 1 of the Decree of the Presidium of the Supreme Soviet of the USSR dated September 26, 1967 No. 1908-VII in areas equated to the RKS, all workers and employees are paid an increase to their monthly earnings (excluding the regional coefficient and remuneration for length of service) in the amount of 10 % of earnings after the first year of work, with an increase of 10% for each subsequent year of work, but not more than 50% of earnings. Based on the employee’s length of service, the court determined the need for additional wages based on 50% of the northern bonus and 20% of the regional coefficient in accordance with the plaintiff’s work experience.
Should additional leave be granted?
According to Art. 321 Labor Code of the Russian Federation, Art. 14 Law of the Russian Federation dated 02/19/1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” ® (as amended on 12/31/2014; hereinafter referred to as RF Law No. 4520- 1) persons working in the RKS are provided with annual additional paid leave of 24 calendar days, and persons working in areas equivalent to the RKS - 16 calendar days.
In other municipal educational institutions, where the regional coefficient and percentage increase in wages are established, according to Art. 14 of the Law of the Russian Federation No. 4520-1, employees are provided with annual additional paid leave of 8 calendar days. Thus, the law provides for the provision of leave depending on the availability of a percentage increase and the regional coefficient established for a given area. This provision is confirmed by judicial practice.
Judicial practice
A former employee filed a lawsuit against the company to collect back wages that she did not receive upon dismissal. The place of performance of labor duties was Krasnoyarsk. As the court established, the city is classified as a territory equivalent to the RKS. Thus, the plaintiff has the right to additional annual leave guaranteed by Art. 321 Labor Code of the Russian Federation. When considering the case, the defendant did not deny the fact that the plaintiff was not provided with additional leave and compensation for them was not paid upon dismissal. The claim was granted.
Appeal ruling of the Moscow City Court
dated 08/02/2013 in case No. 11-24796
According to Art. 322 of the Labor Code of the Russian Federation, annual additional paid leave is provided to employees after six months of work, while the total duration of annual paid leave is determined by summing the annual main and all additional annual paid leaves.
Should women be given shorter working hours?
According to Art. 320 of the Labor Code of the Russian Federation for women working in the RKS and MKS regions, a collective agreement or employment contract establishes a 36-hour working week, unless a shorter working week is provided for them by federal laws. In this case, wages are paid in the same amount as for a full working week.
The Plenum of the Supreme Court of the Russian Federation in paragraph 13 of Resolution No. 1 of January 28, 2014 “On the application of legislation regulating the work of women, persons with family responsibilities and minors” emphasized that if the employer has not established a reduced working time for women working in the RKS and MKS, the work they perform in excess of the established working hours is subject to payment according to the rules provided for in Art. 152 of the Labor Code of the Russian Federation for payment of overtime work. The obligation to establish reduced working hours for these categories of workers is confirmed by judicial practice.
Judicial practice
An employee whose place of work is Komsomolsk-on-Amur, Khabarovsk Territory, filed a lawsuit to recover wages for overtime work. When resolving the dispute, the court emphasized that, in accordance with the List of regions of the Far North and localities equated to them, approved by Resolution of the Council of Ministers of the USSR dated November 10, 1967 No. 1029, Komsomolsk-on-Amur is classified as an area equated to RKS. In violation of the requirements of Art. 320 of the Labor Code of the Russian Federation, the employer established for the employee in the employment contract the duration of weekly work at 40 hours instead of 36 hours. The specified overtime is overtime work subject to increased payment.
Resolution of the Presidium of the Khabarovsk Regional Court
dated February 10, 2014 No. 44g-14/2014
Thus, if a worker works in the RKS or MKS regions (or not in the northern regions, but in rural areas (regardless of the region)), she needs to establish a shortened working week in her employment contract.
Step 4. Make sure that wages are not less than minimum size wages (minimum wage) for a given region.
According to Art. 133 of the Labor Code of the Russian Federation, the minimum wage is established simultaneously throughout the entire territory of the Russian Federation by federal law.
From paragraph 1 of Art. 133.1 of the Labor Code of the Russian Federation it follows that in a constituent entity of the Russian Federation, a regional agreement on the minimum wage may establish the minimum wage in a constituent entity of the Russian Federation.
When hiring an employee from a particular region, the personnel officer needs to find out the minimum wage in that region and make sure that the employee’s salary specified in the employment contract and the hiring order is not lower than the established minimum wage.
Example 4
What will be the minimum wage for a branch employee in the Rodinsky district Altai Territory in 2015? The Administration of the Altai Territory, the Altai Regional Association of Trade Union Organizations, regional associations of employers, by Regional Agreement No. 17-11-1-05 “On the amount of the minimum wage in the Altai Territory for 2013-2015” (came into force on February 26, 2013), established the minimum wage in the amount 6760 rub. Thus, the salary of an employee in the Altai Territory, including in the Rodinsky District, must be at least 6,760 rubles.
Sometimes employers set wages equal to the minimum wage, including a bonus and regional coefficient. The courts define such practices as inconsistent with the law.
Judicial practice
The court emphasized that, by virtue of Chapter 50 of the Labor Code of the Russian Federation, the regional coefficient for employees of organizations located in the RKS and the percentage bonus for work experience in the RKS must be added to the total wages of employees, the amount of which without these coefficients and bonuses cannot be less than the minimum wage established federal law throughout the Russian Federation.
Appeal ruling of the Murmansk Regional Court
dated May 22, 2013 No. 33-1774-2013
Read about the design of the guarantees discussed in the article, which are provided to employees of RKS and ISS, in the next issue of the magazine.
Conclusions:
- The amount of the percentage increase depends on the length of service and age of the employee and is determined for each employee individually.
- The regional coefficient is used when calculating the salaries of all employees working in a given territory, regardless of age and length of service.
- Persons working in the RKS are provided with annual additional paid leave of 24 calendar days, and persons working in the ISS are provided with 16 calendar days.
- Women working in the RKS and ISS are required to work a 36-hour work week. In this case, wages are paid in the same amount as for a full working week.
Pension reform since 2019, proposed by the Government and supported by the President, will also affect the so-called “northerners”- Russians working in the Far North (FN) and equivalent areas (MKS). Already on January 1, 2019, for this category of workers, along with others, it began, which gives the right to early registration of an old-age insurance pension (5 years earlier than the generally established period).
In its final form, as a result of the reform, it will increase by 5 years - up to 55 years for women and 60 for men(until the end of 2018, these standards were 50 and 55 years, respectively). However, necessary for obtaining a pension (including for northern service), during the reform will not change.
Pension reform for northerners
The main change in pension legislation for northerners will be in increasing age, necessary for retirement, which will be carried out in stages - starting in 2019 until the final values are established in 2023 55 years for women and 60 for men. Thus, in total, it will be the same for men and women. increase by 5 years regarding the standards of the old law.
No more changes in the conditions for assigning payments to workers in the KS and ISS areas will not be produced- requirements for the minimum required “northern” experience.
The retirement age for northerners will be raised according to the following scheme:
Which northerners will be affected by the new pension law?
The changes presented above will affect those citizens who, according to Part 6, Clause 1 of Art. 32 laws “About insurance pensions” No. 400-FZ of December 28, 2013 provides for the right early retirement in stock .
At the same time, changes in pension legislation won't touch the following categories of citizens with “northern experience”:
- Women who have given birth to 2 or more children and having total experience at least 20 years, of which 12 years in the CS areas or 17 in the ISS. According to clause 2, part 1, art. 32 of Law No. 400-FZ, they will still have the right to early processing of payments upon reaching 50 years of age.
- Citizens permanently residing in the CS and in equivalent areas, who have worked reindeer herders, commercial hunters, fishermen at least 20 and 25 years old (women and men, respectively). They will be able to become pensioners, just like now - upon reaching the ages of 45 and 50 years(Clause 7 Part 1 Article 32 of Law No. 400-FZ).
Retirement age for northerners from 2019 in Russia
The original bill on raising the retirement age in Russia, proposed by the Government of the Russian Federation, provided annual increase in this standard by 1 year, and for a total of 5 years for men and 8 years for women. But the amendment that Vladimir Putin proposed in his appeal to citizens of the Russian Federation, these parameters have been adjusted:
- will rise for 5 years, like men;
- a special benefit will be provided for those who, according to the old law, were supposed to retire in the first 2 years of the reform (2019-2020) - payment processing six months ahead of schedule.
Thus, for future recipients of the “northern pension”, in the Far North and ISS regions, the retirement age will change as follows:
- Similar to citizens receiving an old-age pension on a general basis, northerners will have an increase in the time frame for obtaining an old-age pension for 5 years for women and men- up to 55 and 60 years, respectively.
- In 2019, the “period of working capacity” will be extended not by 1 year, but for 6 months.
- In 2020 it is planned to increase for 1.5 years instead of 2 years.
- Gradual changes will be carried out until 2023 inclusive, when the final parameters of the new law are established.
Thus, transition period will last from 2019 to 2023, and citizens who have worked required quantity years in the conditions of the KS and ISS, they will begin to process payments upon reaching the finally established retirement age 55/60 years, starting from 2028
Retirement schedule by year from 2019 for northerners, according to the adopted law, can be presented in the form of a table:
| SVP according to the old law (PV - 50/55 years) | According to the new pension reform | |
|---|---|---|
| New PV | New SVP | |
| 1 p. 2019 | 50,5 / 55,5 | 2 p. 2019 |
| 2 p. 2019 | 1 p. 2020 | |
| 1 p. 2020 | 51,5 / 56,5 | 2 p. 2021 |
| 2 p. 2020 | 1 p. 2022 | |
| 2021 | 53 / 58 | 2024 |
| 2022 | 54 / 59 | 2026 |
| 2023 | 55 / 60 | 2028 |
Note: PV - retirement age for northerners; SVP - retirement date (in what year); p. - half a year of the corresponding year.
The table shown above contains final data and was drawn up in accordance with the adopted and norm of this law, which provides for mitigation in the first 2 years of the reform.
Retirement table from 2019 by year of birth for northerners
Since the increase in the retirement age will begin in 2019, the changes will affect all those employees of the CS and equivalent areas who according to the old law would receive the right to receive an old-age insurance pension after 12/31/2018
Thus, the new law on retirement age includes: women born in 1969 and men born in 1964. and younger who will turn 50 and 55 years old or less in 2019, respectively, and who are applying for a “northern” pension.
- For women born in 1969 and men born in 1964 The age standard will be increased by only six months. They will be able to receive payments in the second half of 2019 or the first half of 2020 (depending on their date of birth).
- For women born in 1970 and born in 1965 there will be an increase of 1.5 years relative to the old standards. They will begin receiving payments in the 2nd half of 2021 and the 1st half of 2022.
- Further increases will be made 1 year per year until a total of 5 years is reached - i.e. The upper limit of the “working period” for northerners will be set at 55 and 60 years (the first at this age in 2028 will be women born in 1973 and men born in 1968.).
The corresponding table of output by year of birth for northerners is presented below. In comparison with the original version of the bill, this table has been adjusted to take into account those adopted by the State Duma in the third (final) reading on September 27, 2018.
| For women | For men | SVP under the new reform | ||
|---|---|---|---|---|
| DR | PV | DR | PV | |
| 1 p. 1969 | 50,5 | 1 p. 1964 | 55,5 | 2 p. 2019 |
| 2 p. 1969 | 2 p. 1964 | 1 p. 2020 | ||
| 1 p. 1970 | 51,5 | 1 p. 1965 | 56,5 | 2 p. 2021 |
| 2 p. 1970 | 2 p. 1965 | 1 p. 2022 | ||
| 1971 | 53 | 1966 | 58 | 2024 |
| 1972 | 54 | 1967 | 59 | 2026 |
| 1973 | 55 | 1968 | 60 | 2028 |
Note: DO - date of birth; PV - retirement age; SVP - retirement date; p. - half a year.
Women born in 1973 and younger, as well as men born in 1968. Those who have accumulated the necessary “northern” experience and apply for early retirement will be able to receive payments when they reach 55 and 60 years of age.
Northern retirement experience for men and women
Northern experience upon appointment is considered periods of work in the Far North (FN) And areas equated to the CS (ISS), during which insurance premiums were paid to the Pension Fund. The list of relevant areas on the territory of Russia is determined by Resolution of the Council of Ministers of the USSR No. 12 of November 10, 1967.
The presence of northern work experience, depending on the number of years worked, allows you to register insurance pension early in old age(5 years earlier - according to the new law, upon reaching the age of 55/60 years instead of 60/65 years on a general basis) or significantly reduce the retirement age by fewer years.
The requirements for northern experience do not change during the reform. In order to retire early (taking into account by year), in accordance with Part 6, Clause 1, Art. 32 of Law No. 400-FZ of December 28, 2013 must have:
- 15 years of work experience as a RKS or 20 years in the ISS;
- total insurance experience of at least 20 years for women and 25 for men;
- the minimum required amount (annually increases by 2.4 points, and in 2025 it will finally be fixed at 30 IPC).
If a citizen has not worked the required number of years for early payment of 5 years, he may qualify for a reduction in retirement age for a shorter period if he has experience of at least 7.5 years in RKS or 10 years in ISS(since 1 year of work in areas equivalent to KS is equivalent to 9 months of work in KS areas).
- For each 1 full calendar year of work in the RKS, the age standard decreases by 4 months(see table below).
- Experience in the ISS areas is taken into account by equating 1 year of such work to 9 months in RKS areas(i.e., such length of service can simply be reduced by 25% to transfer years from the ISS to the RKS).
Then the reduction in retirement age depending on the accumulated northern experience can be presented in the following table:
| Experience in KS districts (years) | How much will the PV decrease? | PV under the new law, taking into account the reduction for northern experience | ||||
|---|---|---|---|---|---|---|
| women | men | |||||
| years | months | years | months | years | months | |
| 7,5 | 2 | 6 | 57 | 6 | 62 | 6 |
| 8 | 8 | 4 | 4 | |||
| 9 | 3 | 0 | 0 | 0 | ||
| 10 | 4 | 56 | 8 | 61 | 8 | |
| 11 | 8 | 4 | 4 | |||
| 12 | 4 | 0 | 0 | 0 | ||
| 13 | 4 | 55 | 8 | 60 | 8 | |
| 14 | 8 | 4 | 4 | |||
| 15 or more | 5 | 0 | 0 | 0 | ||
Note: PV - retirement age; experience in the RKS = 0.75 × experience in the ISS. This table is compiled taking into account the final parameters a bill to increase the life expectancy - 60 years for women and 65 for men. During the period of transitional provisions of the new law (2019-2022), these values will be lower in accordance with the generally established.
