The circle of persons entitled to labor pensions in connection with work in the RKS and MPKS.

1 .Men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked for at least 15 calendar years in the Far North or for at least 20 calendar years in equivalent areas and have an insurance record of at least 25 and 20 years, respectively.

2. Citizens who have worked in the Far North for at least 7 years and 6 months are assigned a retirement pension with a decrease in the generally established age by four months for each full calendar year of work in these areas.

Reduction table retirement age depending on the duration of work in RCS and MPKS

3 ... Women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the Far North or at least 17 calendar years in equivalent areas.

The calendar length of service in RCU and MPKS includes:

- any work in the regions of the Far North and equivalent areas;

Periods of work on the Svalbard archipelago;

Periods of annual paid main and additional leave;

Periods of receiving benefits for state social insurance during the period of temporary disability, including the period of receiving benefits for pregnancy and childbirth;

The calculation of the length of service in DCS, ISS does not include the following periods:

Walkthroughs military service, as well as other service equivalent to it;

Study leave;

Business trips outside the northern regions (on the basis of the Instruction of the USSR Ministry of Finance, the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of the USSR and the All-Union Central Council of Trade Unions dated 04/07/1988 No. 62 "On business trips in the USSR").

Receiving unemployment benefits, the period of participation in paid public works and the period of moving on the direction of the state employment service to another locality for employment;

Additionally, after July 23, 2002 (from the date of entry into force of the Government Decree No. 516 of July 11, 2002, "On the approval of the rules for calculating periods of work, giving the right to early appointment labor pension old age in accordance with Art. 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation") do not include:

Unpaid leave;

Absenteeism, strikes;

Serving a sentence of imprisonment;

The period of parental leave after 06.10.1992;

Simple, both through the fault of the employer and the fault of the employee;

In the presence of mixed experience (both in the RKS and the MPKS) when assigning a retirement pension on the grounds of para. 1 and 3, clauses 6, clause 1, article 28, clause 2, article 28.1 of the Federal Law "On labor pensions in the Russian Federation", each calendar year of work in areas equated to the regions of the Far North is considered nine months of work in the regions of the Far North. The specified procedure does not apply if the work took place only in areas equated to the regions of the Far North.

PENSION PROVISION "SEVERYAN".

Citizens living in the regions of the Far North and equivalent areas, as well as citizens who previously worked in such areas, regardless of their current place of residence, are granted the right to early assignment of an old-age retirement pension.

Men are given a pension upon reaching the age of 55 and women upon reaching 50, if they have worked for at least 15 calendar years in the Far North regions (RCS), or at least 20 calendar years in equivalent localities (ISS) and have insurance experience, respectively at least 25 and 20 years old (subparagraph 6 of clause 1 of article 28 Federal Law"On labor pensions in the Russian Federation").

The duration of the required special experience depends on the severity of the natural and climatic conditions (the regions of the Far North are more difficult than the areas equated to them). Therefore, rules have been established for summing up the periods of work in different northern regions and localities. In such cases, the pension is established for 15 calendar years of work in the RCC. At the same time, each calendar year of work in the ISS is counted as 9 months of work in the RKS.

The law provides for the possibility of assigning a pension even with less northern seniority than indicated above. However, it should be at least 7 years 6 months in calendar terms, or at least 10 years in the ISS.

The retirement age for incomplete northern work experience is differentiated depending on the duration of northern work. For each full calendar year of work in the CSW, the generally established retirement age (60 years for men and 55 for women) is reduced by 4 months. Below is a table of the ages of men and women, upon reaching which they can be assigned a pension with incomplete northern experience. Please note that you must have full insurance coverage (25 years for men, 20 years for women).

Retirement age with incomplete northern work experience.

When determining the right to a pension, along with the periods of work in the North, calendar periods of work in ordinary areas are also taken into account as part of the northern work experience, but with special working conditions, which also give the right to a pension with a reduced retirement age. In this case, the periods of work with special working conditions are summed up both with the periods of work in the DCS and with the periods of work in the ISS without any recalculation.

For instance: The man worked in the RCS - 5 years, in the ISS - 5 years, in ordinary areas he performed work with special working conditions - 7 years. His northern special experience is 15 years 9 months (5 years + 3 years 9 months (9 months x 5) + 7 years).

In accordance with Art. 28.1. Of the Law "On Labor Pensions", persons who have completed the full northern work experience of the RKS or at least 20 calendar years of the ISS and have the necessary pension for the appointment with special working conditions seniority are entitled to a double reduction in the retirement age.

For instance: A man has worked for 20 calendar years in the city of Severobaikalsk, of which 10 years according to List No. 1. He will have the right to an early retirement pension at the age of 45 (a 5-year reduction in the retirement age for work in the North, and 10 years for work according to List No. 1 ).

We emphasize once again that for a double reduction in age, it is required not less 20 years in the ISS or 15 years in the RCC for men and women. Often, women who have developed special experience on Lists No. 1 and 2, small lists and experience in the ISS - 17 years, with 2 or more children, mistakenly believe that the experience in the ISS, provided for in clauses 2, p. 1 article 28 of the Federal Law "On labor pensions in the Russian Federation".

Pension legislation provides for the early assignment of an old-age retirement pension to women who have given birth to two or more children upon reaching the age of 50, if they have an insurance experience of at least 20 years and have worked for at least 12 calendar years in the RCC or at least 17 calendar years in the ISS. I draw your attention to the fact that summation is not applied in this case. It is impossible to apply the rule on the transfer of work experience in areas equated to the regions of the Far North to work experience in regions of the Far North in accordance with paragraph 2 of subparagraph 6 of paragraph 1 of Article 28 of the Federal Law of 01.01.2001, since the proportion of 9 months to 12 months corresponds to the ratio 15 years of work in the Far North regions to 20 years of work in equivalent areas.

Another benefit for citizens who have worked as reindeer breeders, fishermen, hunters and hunters for at least 25 years for men and 20 years for women. A pension is assigned to them upon reaching the age of 50 for men, for women upon reaching 45 years of age, if they permanently reside in the RKS and ISS.

I would like to draw special attention to those citizens who work in artisanal artels, at enterprises working on a rotational basis in the Far North. Earlier, when calculating the length of service in the North, the periods of inter-shift rest were not counted in the “northern” length of service. At present, in connection with the Decision of the Constitutional Court dated 01.01.2001, the periods of inter-shift rest are counted in the "northern" length of service, if during the period of the shift the employee has worked out the working time norm (monthly, annual) established by the Labor Code.

When calculating the labor pension of a category of citizens entitled to an early labor old-age pension in connection with work in the Far North and equivalent areas, an increased ratio of the average monthly earnings of the insured person to the average monthly wage in the Russian Federation is established in the amount of 1.4; 1.7; 1.9 and applies (regardless of the type of pension):

For persons residing as of 01.01.2002. in RCS and ISS;

For persons regardless of their place of residence - men who have reached the age of 55 and women who have reached the age of 50, if they are, as of 01.01.2002. have worked for at least 15 calendar years in the RCC or at least 20 calendar years in equivalent areas and have at the indicated date of insurance experience, respectively, at least 25 and 20 years.

The size of the ratio of wages is established depending on the regional coefficient to wages, operating in a given region or locality for workers and employees of non-production sectors:

Not more than 1.4 - for citizens living or working in the indicated regions and localities, in which a regional coefficient of up to 1.5 is set to the wages of workers;

Not more than 1.7 - for citizens living or working in the indicated regions and localities, in which a regional coefficient is set to the wages of workers in the amount of 1.5 to 1.8;

Not more than 1.9 - for citizens living or working in the indicated regions and localities, in which a regional coefficient is set to the wages of workers in the amount of 1.8 and above.

At the same time, if different regional coefficients to wages are established, the coefficient to wages is taken into account, which is in effect in a given region or locality for workers and employees of non-production sectors.

In the city of Severobaikalsk and the Severobaikalsk region, the coefficient to wages for workers in non-production sectors is 1.3. For the period of construction of the BAM, an increased regional coefficient of 1.7 was set to wages for workers employed in construction, in industrial production, in organizations directly related to servicing construction and builders. However, the ratio on wages will be taken into account in the amount of not more than 1.4, since the establishment of the coefficient of 1.7 was temporary and was established only for wages.

On July 23, 2002, Decree of the Government of the Russian Federation No. 000 of 01.01.01 came into force, which approved the Rules for calculating periods of work, giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions In Russian federation". Thus, the "northern" length of service is equated to a special length of service. Consequently, there is a need to confirm the length of service with a certificate of the employer, which must reflect all information about the working conditions: this is full-time employment, the fulfillment of the working time norm when working on a rotational basis, periods of distraction from the main place of work (vacations without pay, study holidays, donor days, absenteeism, downtime, etc.), etc.

The concept of “full-time work” is disclosed in Clause 5 of the Clarifications of the Ministry of Labor of Russia No. 5 dated 01.01.2001. Full-time work means the performance of work at least 80 percent of the working time. The "northern" length of service includes the periods of receiving benefits for state social insurance during the period of temporary disability, as well as the periods of annual basic and additional paid leaves.

Moreover, women eligible to retire at 50 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 equated to it.

Also, they can retire earlier (at 45) and (at 50) who have worked for at least 20 years (women) and 25 years (men) as reindeer breeders, fishermen or hunters. Wherein a prerequisite is permanent residence in these areas.

Retirement age in the north

The legislation of the Russian Federation provides for the establishment of insurance benefits for old age with a decrease in the retirement age in proportion existing work experience in the Northern regions. For each calendar year of employment, the retirement age is reduced for 4 months.

Thus, persons who have worked in the regions of the Far North a certain number of years, they can issue a payment earlier than the generally established age in Russia, regardless of whether they live in these areas or not:

Citizens who carried out labor activities in localities equated to this area, 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 some circumstances, could not earn a sufficient number of pension points, the required length of service or did not work at all, then the right to insurance pension provision he does not have.

However, the legislation of the Russian Federation provides for these categories of the population. Just like insurance, it is set upon reaching a certain age. However, it should be noted that in some cases social pension can be assigned 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 on condition that 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, Evenki, etc. For the rest of the citizens who do not belong to these peoples, the social payment for old age is established on an equal basis with all in the country - at 65 years old (women) and 70 years old (men).

Pension size for northerners

For all citizens of our country, the insurance coverage is calculated in accordance with Article 15 of Federal Law No. 400-FZ. is determined by the following formula:

SP st = IPK × SPK + FV,

• SP st - insurance pension old age;
• IPK- individual pension coefficient(number of pension points);
• SPK- the cost of one point on the day the collateral is established;
• PV- fixed payment.

The social pension has been indexed.

Is the northern pension retained 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 of the northern pension recalculable... 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 district coefficient.
• This coefficient is set 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 appointment may differ.

If a pensioner moves to a region with normal climatic conditions, the fixed payment to his pension will be recalculated excluding this coefficient, which, accordingly, will affect the size of the pension - it will be lower.

Thus, when moving to another region of our country northern pension is not saved, since a fixed payment to it is paid in an increased amount only during the period of permanent residence of pensioners in these localities.

The procedure for the appointment and payment of pensions in the regions of the Far North

A citizen can apply for the appointment of a pension payment, both for insurance and social security, immediately after acquiring the right to it. To do this, you must submit to the territorial authority The Pension Fund Russia or Multifunctional Center corresponding statement and.

The FIU is considering an application for the appointment of a pension within 10 working days from the day it was received. If a positive decision is made, the payment is established from the first day of the month of circulation. And one, and the other type of pension is paid monthly and assigned indefinitely in a declarative order.

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 collateral has the right to choose one of the three existing delivery methods Money:

• Russian Post (at home or at the checkout);
• delivery organization (to your home or at the checkout);
• bank (at the cash desk or on the card).

Read in the article:

• How to determine the percentage wage premiums and the district coefficient
• Is the employee entitled to additional leave
• What guarantees are provided to women working in the Far North and equivalent areas

Labor legislation provides guarantees and compensations to workers in the Far North and equated localities - these are wage increments, and regional coefficients, and additional vacations, and a shorter working day, etc. Failure to provide appropriate guarantees and compensations is a violation of labor laws and may entail bringing to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation. In addition, workers can restore their rights in judicial procedure, 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 the payment of part of the wages (Article 236 of the Labor Code of the Russian Federation). One of the tasks of the personnel officer is to prevent mistakes in personnel documents when registering employees.

What guarantees are provided

We determine the percentage allowances to wages and the regional coefficient

Step 1. We find out whether the labor legislation provides for wage supplements in a certain area.

According to Art. 148 of the Labor Code of the Russian Federation, workers employed 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 Soviet times, seniority bonuses were stimulating in order to attract people to live and work in areas with special climatic conditions. Today, regional coefficients and percentage allowances for employers not related to the budgetary sphere are rather formal in nature. But the establishment of appropriate guarantees refers to the mandatory requirements of labor legislation, so the employer is obliged to establish them. This is confirmed by judicial practice.

Arbitrage practice

According to the Review of the Supreme Court of the Russian Federation of the practice of consideration by the courts of cases related to the implementation by citizens labor activity in the regions of the Far North and equated localities dated 02.26.2014, the courts correctly conclude that, regardless of the location of the organization, the remuneration of employees of its separate structural unit located in the regions of the Far North and equivalent areas is paid using regional coefficients and percentage allowances to wages.

The task of the personnel officer is to determine whether a wage supplement is provided for a given area. The surcharge is established if the name of the area is indicated in the regulatory legal acts. The difficulty lies in the fact that scattered normative acts are still in force in this legal area. the former USSR which continue to apply on the basis of Art. 423 of the Labor Code of the Russian Federation.

Below is the classification of localities for whose workers an increased wage rate is established:

1. Allowances for persons residing in RCS and ISS are applied on the basis of:

• 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 Compensations for Persons Working and Living in the Far North and Equated Localities" (as amended on December 31, 2014).

These laws only establish the accrual of the allowance, without describing the procedure for calculating the amount, and without specifying the area in which such allowances should be calculated.

1. The list of localities that belong to the RKS and ISS areas can be determined based on:

• Decree of the Council of Ministers of the USSR dated 03.01.1983 No. 12 "On Amendments and Additions to the List of Regions of the Far North and Localities Equated to Regions of the Far North, approved by Decree of the Council of Ministers of the USSR dated 10 November 1967 No. 1029" (together with the "List of Regions Of 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 of February 10, 1960 and September 26, 1967 on benefits for persons working in these areas and localities ", approved by the Resolution of the USSR Council of Ministers dated 10.11.1967 No. 1029).

1. The procedure for calculating and the amount of allowances for residents of the RCS and ISS 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 Far North and in areas equated to the Far North";
• Resolution of the Council of Ministers of the RSFSR dated 22.10.1990 No. 458 "On the regulation of compensation to citizens living in the regions of the North" (as amended on 31.05.1995);
• Clarification of the Ministry of Health and Social Development of Russia dated January 20, 2005 No. 95-Pr;
• Clarification 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 Instruction on the procedure for providing social guarantees and compensations to persons working in the Far North regions and in areas equated to the Far North regions, in accordance with current regulations" (as amended on July 11 .1991).

1. 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-Union Central Council of Trade Unions of 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-Union Central Council of Trade Unions of the USSR and the All-Union Central Council of Trade Unions from 01/09/1986 No. 53 "On the introduction of allowances to the wages of workers and employees of enterprises, institutions and organizations located in the southern regions of the Far East, the Buryat ASSR and the Chita region";
• Resolution of the Council of Ministers of the USSR, All-Union Central Council of Trade Unions of 24.09.1989 No. 794 "On the introduction of wages and salaries of workers and employees of enterprises, institutions and organizations located in the southern regions of the Irkutsk region and Krasnoyarsk Territory."

It should be noted that the names and territorial divisions of some constituent entities of the Russian Federation were amended by later (compared to Decrees and Resolutions) normative acts (for example, Irkutsk, Arkhangelsk regions, Krasnoyarsk, Chukotka, Nenets autonomous districts, etc.). Therefore, to search for the names of these subjects of the Russian Federation in the list, it is necessary to check the correspondence of the names of the localities.

The amount of the percentage increase depends on the length of service and the age of the employee and is determined for each employee individually.

Example 1

Let us determine whether the percentage markup has been established in the city of Ukhta of the Komi Republic. The name of the city of Ukhta is indicated in the Decree of the USSR Council of Ministers of 01/03/1983 No. 12 in the section "Localities equated to the regions of the Far North". In clause "c" part 1 of the Decree of the Presidium of the Supreme Soviet of the USSR of 09/26/1967 No. 1908-VII says 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 wage supplement.

Step 2. Determine whether the regional coefficient in a certain area is provided for by labor legislation.

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 the wages of employees of organizations located in the Far North and equivalent areas are established by the Government of the 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 the state authorities 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 of February 26, 2014).

Conventionally, the regional coefficients can be divided:

• on regional coefficients for industrial sectors;
• regional coefficients for non-manufacturing sectors.

In order to summarize and clarify the information about the sizes district 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(Information letter of the Department for Pensions of the Ministry of Labor of Russia dated 09.06.2003 No. 1199-16, the Department of Incomes and Living Standards of the Ministry of Labor of Russia dated 19.05.2003 No. 670-9, PF RF dated 09.06.2003 No. 25-23 / 5995).

Concerning manufacturing industries, then regional coefficients are established by a large number of normative acts (Resolutions of the USSR State Committee for Labor, 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, reference legal systems prepare appropriate reviews that help to find a specific region and determine the regional coefficient established in it.

District coefficient it is used in calculating the salary of all employees working in a given territory, regardless of age and length of service.

Example 2

Let's determine the size of the regional coefficient for the city of Ufa. According to the Decree of the USSR State Labor Committee, the All-Union Central Council of Trade Unions Secretariat 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 have not been established, in the Urals and in industrial sectors in the northern and eastern regions of the Kazakh SSR "in the Bashkir ASSR, 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 the employee, taking into account the regional coefficient and percentage allowance.

Arbitrage practice

The court of first instance reasonably satisfied the plaintiff's claims on the basis that for the entire period of work the defendant calculated and paid him a salary without taking into account the regional coefficient and the percentage allowance for work in the RKS, while the plaintiff was entitled to a corresponding guarantee (percentage bonus in the amount of 80 %), since the Murmansk region belongs to the RKS.

Appellate ruling of the Murmansk Regional Court
dated 12.09.2012 No. 33-2422

Step 3. Determine the percentage of the allowance for an employee who is applying for a job.

The percentage of the allowance is determined depending on the length of service and age of the employee (for a list of regulatory legal acts governing the Procedure for calculating and the amount of allowances for residents of the DCS and ISS, see p. 40.

In order to simplify the determination of the percentage allowance, workers can be conditionally divided into the following categories (table).

According to the Decree of the Government of the Russian Federation of 07.10.1993 No. 1012 "On the procedure for establishing and calculating the length of service for obtaining a percentage bonus to the wages of persons working in the Far North regions, localities equated to them and in other regions of the North", taking into account the Determination of the Supreme Court of the Russian Federation from 12/23/2004 No. KAS04-596 in the work experience, which gives the right to receive a percentage increase in wages, all periods during which the employee performed a labor function in special climatic conditions are counted. In this case, the corresponding length of service is summed up regardless of the timing of the break in work and the motives for terminating the employment relationship, with the exception of dismissal for guilty actions.

They are not counted in the length of service, which gives the right to receive a percentage increase to wages, periods of activity on the basis of civil contracts, as an individual entrepreneur, and some others.

Example 3

The employee works at an enterprise located in the city of Murmansk. His work experience at RKS is two years and one month. The employee is 32 years old. According to the Decree of the Council of Ministers of the USSR of 03.01.1983 No. 12, Murmansk belongs to the RKS (subgroup 2 of group 1), which means that the percentage increase 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 reaching a 60% allowance - 10% of earnings for each subsequent year of work until 80% of earnings are reached. 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 the length of service in the relevant areas and age.

Arbitrage practice

The worker applied to the Vsevolozhsk City Court of the Leningrad Region with a claim against the organization for the recovery of her unpaid wages. The plaintiff worked in the Arkhangelsk division, and wage was paid to her without taking into account the percentage premium 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, the district coefficient of 1.20 is applied in Arkhangelsk. According to the Decree of the Council of Ministers of the USSR dated 03.01.1983 No. 12, Arkhangelsk is classified as an area equated to the RKS. In accordance with paragraphs. "In" clause 1 of the Decree of the Presidium of the Supreme Soviet of the USSR of 09/26/1967 No. 1908-VII in areas equated to the RKS, all workers and employees are paid a bonus 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 length of service of the employee, the court determined the need for additional wages, based on 50% of the northern allowance and 20% of the regional coefficient in accordance with the length of service of the plaintiff.

Should additional leave be granted

According to Art. 321 of the Labor Code of the Russian Federation, art. 14 of the Law of the Russian Federation of 19.02.1993 No. 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equated Localities" ® (as amended on 31.12.2014; hereinafter - Law of the Russian Federation No. 4520- 1) persons working in the RKS are provided with additional annual paid leaves of 24 calendar days, and to persons working in localities equated to RKS - 16 calendar days.

In other MOUs, where the regional coefficient and percentage increase to wages are established, in accordance with Art. 14 of the Law of the Russian Federation No. 4520-1, employees are provided with an additional annual paid leave of 8 calendar days. Thus, the law provides for the granting of leave, depending on the availability of a percentage allowance and the regional coefficient established for a given area. This provision is confirmed by judicial practice.

Arbitrage practice

The former employee filed a lawsuit against the company to recover wage arrears that she had not received upon dismissal. The place of performance of labor duties was the city of Krasnoyarsk. As the court established, the city was classified as a territory equated to the RCC. Thus, the plaintiff is entitled to additional annual leave guaranteed by Art. 321 of the Labor Code of the Russian Federation. The defendant, when considering the case, 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 upheld.

Appellate ruling of the Moscow City Court
dated 02.08.2013 in case No. 11-24796

According to Art. 322 of the Labor Code of the Russian Federation, annual additional paid leave is granted to employees after six months of work, while the total duration of the annual paid leave is determined by summing up the annual basic and all additional annual paid leaves.

Should women be granted shorter working hours?

According to Art. 320 of the Labor Code of the Russian Federation for women working in the areas of RKS and ISS, a collective agreement or labor agreement establishes a 36-hour working week, if a shorter working week is not 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 clause 13 of Resolution No. 1 of 28.01.2014 "On the Application of Legislation Regulating the Labor of Women, Persons with Family Responsibilities and Minors" ISS, work performed by them in excess of the established duration of working hours is payable 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 the indicated categories of workers is also confirmed by judicial practice.

Arbitrage practice

The worker, 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 areas equated to them, approved by the Resolution of the Council of Ministers of the USSR No. 1029 dated November 10, 1967, Komsomolsk-on-Amur was classified as an area equated to the 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 40 hours instead of 36 hours. The specified overtime is overtime payable at an increased rate.

Resolution of the Presidium of the Khabarovsk Regional Court
dated 10.02.2014 No. 44g-14/2014

Thus, if an employee works in the RKS or ISS areas (or not in the northern areas, but in countryside(regardless of the region)), in the employment contract she needs to establish a shortened working week.

Step 4. We make sure that the wages are not less than the minimum wage (minimum wage) for the region.

According to Art. 133 of the Labor Code of the Russian Federation, the minimum wage is established simultaneously throughout the 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 minimum wage agreement may establish a minimum wage in a constituent entity of the Russian Federation.

When hiring an employee of a particular region, the personnel officer needs to find out the minimum wage in this region and make sure that the employee's salary specified in the employment contract and the order for hiring is not lower than the established minimum wage.

Example 4

What will be the minimum wage for an employee of the branch in the Rodinsky district of the Altai Territory in 2015? The Administration of the Altai Territory, the Altai Territorial Association of Trade Union Organizations, the Territorial Associations of Employers. Regional agreement No. 17-11-1-05 "On the amount of the minimum wage in the Altai Territory for 2013-2015" (entered into force on February 26, 2013) established the minimum wage in the amount of RUB 6760 Thus, the salary of an employee in the Altai Territory, including in the Rodinsky District, must be at least 6760 rubles.

Sometimes employers set wages equal to the minimum wage, including a bonus and a regional coefficient. The courts define this practice as inconsistent with the law.

Arbitrage 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 RCU, and the percentage allowance for length of service in the RCU should be accrued to the total wages of employees, the amount of which, without these coefficient and allowance, cannot be less than the minimum wage established federal law throughout the territory of the Russian Federation.

Appellate ruling of the Murmansk Regional Court
dated 22.05.2013 No. 33-1774-2013

Read about the design of the guarantees considered in the article, which are provided to the employees of the RKS and ISS, in the next issue of the journal.

Conclusions:

1. The amount of the percentage increase depends on the length of service and the age of the employee and is determined for each employee individually.
2. The regional coefficient is applied when calculating the wages of all workers working in a given territory, regardless of age and length of service.
3. Persons working in the RKS are provided with additional annual paid vacations of 24 calendar days, and persons working in the ISS - 16 calendar days.
4. Women working in the RCS and ISS are assigned a 36-hour work week. In this case, wages are paid in the same amount as for a full working week.

Employees working in the Far North for at least 7 years 6 months can expect early retirement. How to calculate the age at which you can count on a well-deserved rest for people who worked in the CSW?

For each full calendar year of work worked in the Far North, the retirement age is reduced by 4 months. This is stated in clause 6 of article 28 of the Federal Law No. 173-FZ of December 17, 2001 "On labor pensions in the Russian Federation." Pension reform, which began in 2014, has not changed anything in this matter.

If an employee works in areas equated to the Far North, then the calendar year worked in such areas is equal to 9 months worked in the Far North.

At the same time, a person has the right to retire early if his total insurance experience for men is at least 25 years, for women - at least 20 years.

Mutual offset of the periods of work in the regions equated to the Far North (MPKS) and regions of the Far North (RKS)

For convenience, we will summarize this offset in a table:

Appointment of early retirement pension "Northerners"

The age at which early retirement is possible depends on the number of years worked in the Far North or those equivalent to them. The dependence of the age of retirement, depending on the period worked in the Far North, is summarized in the table:

Men with more than 25 years of insurance coverage:

Women with more than 20 years of insurance experience: