Pension for laboratory workers. The theory of all calculation of special work experience
on the right No. 2-134\2018r.
RISHENNYA
IN THE NAME OF THE RUSSIAN FEDERATION
28 February 2018 Kachkanarsky Municipal Court of the Sverdlovsk Region at the warehouse of the head Kukortseva T.A., with the secretary Ivanova T.V., having examined the civil law at the open court session for the call of Tikhonova Aunt Valentinivna to the Office of Pence to the Russian Federation Investment Fund at m. Kachkanari about the recognition of the right to pre-stroke recognition,
u st a n o v i l:
positive person Tikhonova T.V. went to court with a summons to the State Administration of the Pension Fund of the Russian Federation in the borough of Kachkanari about the inclusion of a period of work with a special length of service, recognition of the right to pre-line recognition of the pension and recognition from the date of registration to the Administration of the Pension Fund in the borough of Kachkan ru.
It is stated in the statement of claim that in the event of an application for the pre-employment insurance pension for old age, the period of work in LLC "AVT-Ural" from 01.03.2008 was not insured before the work experience. at the present time, because of which the positive attitude was not good, she turned violent with a summons to the court. Vaughn stated that she has been working as a laboratory assistant for chemical analysis of the vibuchian fungi production for over 10 years: since 09/06/2007. until 02/29/2008 worked in the laboratory for monitoring the production of vibukhian fluxes of the vibuchian flux production workshop of VAT Kachkanarsky State Plant "Vanadium", from 03/01/20118. Currently, she is working in the laboratory for monitoring the vibrancy and quality of vibukhovs of AVT-Ural LLC. Her occupation, character and mind have not changed throughout this period of work as a laboratory assistant, she was occupied with a full-time working day in a full-time work regime in the technical process of repairs during the testing of new vibukhov pipes, which is confirmed by clarifying evidence. 03/01/2008 The production of vibukhov's fluxes, as was the case at VAT Kachkanarsky State Plant "Vanadium" was withdrawn from the enterprise and transferred to another enterprise LLC "AVT-Ural". The fact is that the length of service of a positive worker, which is given by the declaration on the recognition of the pre-line pension, becomes more than ten years.
Positive Tikhonova T.V. was sitting with the ship. and the representative is Pomazkin V.M. After all the troubles, they brought the results, deposited the call, supported.
So, the representative of the positive person explained that Tikhonova T.V. I started my job at the Kachkanarsky State Plant Plant in the position of a laboratory assistant, in 2008. This production was seen from the plant, LLC “AVT-Ural” was created, from which the company continued its activity. Their work functions were deprived of unnecessary ones, as well as work, there was a change in the name of the organization. The period of work at the plant is limited to special work experience, but the period of work at LLC "AVT-Ural" is not. The arguments regarding non-payment of insurance premiums for a worker are important, according to the decision of the Constitutional Court of the Russian Federation dated July 10, 2007. No. 9, confirms the importance of the worker’s guilt.
Representative of the representative, legal consultant Demchenko Yu.O. for the authorization, the maid is respected for the assigned pre-stroke pension, legally, based on the documents contained in the Regulations. The worker's office was repeatedly informed about the need to prepare documents that would confirm the professional nature of the laboratory assistant's work, but until AVT-Ural LLC did not issue such documents, payment of additional tariffs for this worker is not possible Nyuє.
The representative of the 3rd person of LLC "AVT-Ural" Barinov A.Yu, at the meeting of the ship, supported the positive attitude and explained that from the moment of organization of LLC "AVT-Ural" 03/01/2008. When drawing up pension documents, the enterprise is subject to the same instructions, but the plant, and the pension fund respects that the beneficial nature of the work by the enterprise has not been confirmed, continues to give its recommendations It is important to prepare such documents. At the moment, the useful nature of the work has been confirmed from various specialties, from laboratory chemical analysis specialists, the decision has not yet been confirmed, since the verification by the pension fund has not been completed, the collection of necessary documents is troubling . The representative does not deny that additional tariffs that may be paid by the employer since 2013 are not paid, the enterprise is ready to pay them, and the pension fund is not confirmed by the execution of LLC “AVT-Ural documents.
The court, having heard the parties, the representative of a third party, having examined the documents of the document, the actions of such proceedings.
Subject to Part 1 of Art. 8 of the Federal Law dated December 28, 2013 N 400-FZ “On insurance pensions”, the right to an old-age insurance pension is granted to men who have reached the age of 60 years, and women who have reached the age of 55 years.
Subject to clause 2, part 1, art. 30 of the Federal Law dated December 28, 2013 N 400-FZ “On insurance pensions”, the old-age insurance pension is assigned before reaching the established age for men after reaching age 55 and for women after reaching age Iku 50 rocks, as the stinks were produced on robots with important minds, obviously not less than 12 years, 6 months and 10 years, and the insurance period must be at least 25 years and 20 years. In cases where the designated individuals have spent at least half of the established term on reinsurance and there may be a necessary triviality of the insurance period, the insurance pension is assigned to them from the changes in the age, transferred to Article 8 of this Federal Law, for one year for every 2 years and 6 months of such work for people and for the skin 2 risks of such robots for women;
Subject to paragraph 2 of Art. 30 of the Federal Law dated December 28, 2013 N 400-FZ lists the types of jobs, industries, professions, occupations, specialties and installations (organizations) under which the insurance pension for old age is assigned to a certain extent not a single statistic, rules for calculating work periods (days) and the application of the assigned pension for necessities is confirmed by the Order of the Russian Federation.
Similar provisions were previously enshrined in the period from 01/01/2002 to 01/01/2015 to the Federal Law dated 12/17/2001 N 173-FZ “On labor pensions in the Russian Federation” (Part 1 Article 1, Part 1 Article 7 p Clause 1, Clause 1, Clause 2, Article 27).
Acting within the framework of this renewal, the Order of the Russian Federation adopted a resolution dated July 16, 2014 N 665 “On the lists of jobs, industries, professions, positions, specialties and installations (organizations), with the arrangement of certain orders About the old age insurance pension and the calculation rules. work (activities) that give the right to pre-line pension security”, paragraph “a” of Art. 1 of which it has been established that after a certain amount of work experience in certain types of work, with the method of pre-line pension security, it is mandatory up to Art. 30 of the Federal Law "On Insurance Pensions" is stipulated: with pre-stroke recognition of old-age insurance pensions for persons who worked on underground robots, on robots with weak minds, the situation in hot shops: list No. 1 of production, work , professions, planting and displays on underground robots, on robots with particularly talented and especially important minds, employment in which entitles the right to a pension after age (for old age) on pensionable minds, approved by the resolution of the Cabinet of Ministers of the SRSR dated January 26, 1991 N 1 0 "About confirmation of lists of jobs, jobs, professions , posad and pokaznikiv, which give the right to a preferential pension security"; List No. 1 of manufacturing plants, workshops, professions and employment on underground robots, on robots with weak minds and in hot workshops, work in which gives the right to a state pension on soft minds and in good sizes, approval of the resolution for the sake of the Ministers of the SRSR dated 08/22/1956 N 1173 “On the confirmation of the lists of manufacturing plants, workshops, professions and plantings, work in which gives the right to a state pension on the basis of good minds and in good sizes” - for the protection of the periods of retirement of independent workers , what was left until 01/01/1992.
Based on the analysis of the official pension legislation, established for individuals who were involved in labor activity in jobs with unemployed people, those with a weak mind will have the right to a labor pension for old age (as given to them service pensions, which was transferred to the pension legislation that existed before ) directly, head-on, protect against the risk of wasting professional productivity before reaching the legally established pension age. Therefore, the right to pre-employment recognition of a labor pension for old age is associated not with any kind of work, but only with one in which the worker’s body succumbs to the unpleasant influx of various factors, meaning specific This is due to the nature of professional activity.
Decisions of the state establishment - Management of the Pension Fund of the Russian Federation at the town of Kachkanari, Sverdlovsk region dated 12/22/2017. No. No. is confirmed with the recognized pre-line insurance pension for old age, up to par. 2 p. 2 h. 1 tbsp. 30 of the Federal Law dated December 28, 2013 N 400-FZ “On insurance pensions”, as long as it does not require the necessary length of service.
Attestation, considering the statement of T.V. Tikhonova about the recognition of a pre-stroke insurance pension without establishing periods of work activity for the positive worker, which extend the period of time to work experience in general types of work (09 years).
In accordance with the Decree of the Government of the Russian Federation of July 16, 2014 N 665 “On the LISTS OF JOBS, PRODUCTIONS, PROFESSIONS, POSITIONS, SPECIALTIES AND INSTITUTIONS (ORGANIZATIONS), TAKEN INTO WHICH AN OLD AGE INSURANCE PENSION IS EARLY APPOINTED, AND RULES FOR CALCULATING PERIODS OF WORK (ACTIVITY) WHAT GIVES THE RIGHT TO EARLY PENSION SECURITY with a specified length of service in certain types of work with the method of early pension security is subject to Article 30 of the Federal Law “On Insurance Pensions”: b) in case of pre-line recognition of insurance pensions: List No. 2 of occupations, jobs, professions , the planting of workers with unskilled and important minds, employment with which gives the right to a pension after age (for old age) on the free minds, approved by the resolution of the Cabinet of Ministers of the SRSR dated 26 June 1991 r. N 10 “About confirmation of lists of jobs, jobs, professions, landings and indications that give the right to a preferential pension security”; List No. 2 of industries, workshops, professions and plantations with important minds, work in which gives the right to a state pension on the basis of benefits and size, approved by the decree of the Ministers of the SRSR of the 22nd sickle 1956 r. N 1173 “On the confirmation of the lists of manufacturing plants, workshops, professions and plantings, work in which gives the right to a state pension on the best minds and in the best sizes” - for the purpose of the periods of vacancy of independent workers , which was limited until June 1, 1992; To cover the periods of extinction of the main types of work, which are small in place of the difficult period, we present a list of 2 varieties, jobs, professions, plantings and displays with unprofitable and important minds. That is, employment with whom gives the right to a retirement pension (for old age) on pension benefits minds, Approval of the resolution of the Cabinet of Ministers of the SRSR dated January 26, 1991 N 10, section X1.
Subject to Section X1 List No. 2 Robot workers, ceramic workers and fakiv workers, engaged in the technological process of production, position code 21202000-1754, may be entitled to a preferential security pension.
The court established and draws from the evidence materials, positive officer Tikhonova T.V. 02/15/1966 to the fate of the people, it was filed before the Administration with a statement about the recognition of the pre-stroke insurance pension for old age in connection with work in weak minds, on the basis of clause 2, part 1, art. 30 Law No. 400-FZ.
Management decisions No. 2110377\17 dated 12/22/2017. The recognized pre-stroke old-age insurance pension for the positive person is determined due to the fact that she has the necessary special length of service. As a result of the stated decision of the Management, on the day of the announcement the special period of service is 05 months 24 days. Periods not included before special service: from 03/02/2008. until 12/31/2008, from 01/04/2009. to 03/17/2014, from 03/19/2014 to 08/11/2015, from 08/13/2015. until December 31, 2016 laboratory assistant for chemical analysis at the workshop for the production of emulsified vibukhovye resins, a technological plot at LLC "AVT-Ural". The basis for the prosecution was the fact that the robot gave evidence that confirms the particular minds of the people. The insurance was issued on a stand from the special frame of the insured person.
In truth, it emerges from the materials of the document and it is not surprising that the beneficial nature of the work of a chemical analysis laboratory assistant is not confirmed by the documents submitted by the employer. So, according to the clarification dated 10/31/2017. It is stated that the Pension Fund of the Russian Federation has not confirmed the positive nature of the work of a chemical analysis laboratory assistant, regardless of the repeated work done before. Therefore, the company cannot confirm the gentle nature of the worker’s work, although it is important that this type of work corresponds to List No. 2, section X1, position 21206000-1754a. Positive Tikhonova, in her profession, is busy with a full-time working day in a full-time work regime in the technological process of vibuchian speech production (case sheet 27).
For clarification dated 12/07/2017. No. 35-04.00-01\1-648, seen by VAT “EVRAZ KGZK” (case sheet 29-31), stated that from 09/06/2007. until 02/29/2008 Tikhonova T.V. worked as a laboratory assistant for chemical analysis of the laboratory for control of the vibuchian fluviation of VAT “EVRAZ KGZK”, the vibrancy was seen in the vicinity as potentially unsafe. Appointments with up to the period of insurance with special experience.
At the ship's meeting, a representative of the third party LLC "AVT-Ural" explained that the company is conducting work by preparing documents to confirm long-term experience in several specialties, including the specialty of laboratory assistant in chemical analysis Izu. Having confirmed its assertions with the list of the UPF of the Russian Federation in the Sverdlovsk region, again for the re-verification of the transfer of professional professions of LLC "AVT-Ural" (L.D.).
In an hour, the court established that T.V. Tikhonova is in a difficult period. labor activity was established, which gives the right to extend the pension until clause 2, part 1, art. 30 Law No. 400-FZ.
Subject to the employment contract No. dated 03/01/2008, established between LLC "AVT-Ural" and T.V. Tikhonova, the current additional agreements of T.V. Tikhonova. Accepted to be practiced by a chemical analysis laboratory assistant, the characteristics of the minds of the people are: generous and important (pp. 8-11).
The certification card for the work place - chemical analysis laboratory assistant of LLC "AVT-Ural" indicates the class of unsafety and unsafety: 3.1 - unskillful 1st stage and 3 - unsafe (case sheets 21-23). From the card No. of the special assessment of the minds of the practitioners for the specialty of a laboratory assistant for chemical analysis at LLC "AVT-Ural" laboratory for the control of vibration and vibuch's chemistry also shows that the class of minds is for our number of values for this type of robot - 3.1. (L.D.24-26).
From the data of LLC "AVT-Ural" the license states that LLC "AVT-Ural" has the right to carry out activities related to the volume of vibukhov speeches (ld).
The work record of a positive worker does not contain any inscriptions about those who were hired to work at odd working hours.
By virtue of Article 66 of the Labor Code of the Russian Federation, the work book of the established work permit is the main document about the labor activity and work experience of a worker.
On the basis of the Regulations on the procedure for confirming work experience for the assignment of pensions in the RRFSR, confirmed by the Order of the Ministry of Social Security of the RRFSR dated October 4, 1991 N 190, work experience is established on the basis of documents seen from the place of work, service , starting or other activities that are insured up to one hundred or by other organizations, and by archival installations. Before such documents, there must be a work book, and behind them, and also in these cases, if the work book contains incorrect and inaccurate entries, or there are no records about periods of work, evidence is accepted to confirm the work experience, receipts from punishments, special records and statements of wages, certificates, characteristics, written employment contracts and services with notes about their employment, employment, service and registration lists, membership books of members of cooperative industrial artillery and cooperative artillery with disabilities and other documents to provide information about the period.
In this manner, it is clear that T.V. Tikhonova’s work function has changed. LLC "AVT-Ural" was not equalized with VAT "EVRAZ KGZK". Vrahovuychi, scho positive until 2008. Having completed the work, the period of inclusion of inclusions up to the special length of service for the right to pre-line recognition of the pension, and subsequently after the transfer of production from VAT "Kachkanarsky GZK" to LLC "AVT-Ural" the positive person has completed a similar work and the robot Let's bring this work to the work of heavy minds In addition to being assigned to List 2, a positive employee’s job at LLC “AVT-Ural” extends inclusion to a special period of work under List 2.. The transfer of the job itself from one enterprise to another cannot apply the pension rights of a citizen. No other reasons for the dismissal of a person included in the active period of work prior to the special period of work are specified.
The court found that in the case of the above-mentioned period of work, the period of work consisted of a steady stretch of a full working day for a full working day, which was not noticed by the parties. In the documents examined by the court, there is no evidence of doubt, there is no evidence about the special minds of the positive worker, other admissible and reliable evidence, as if the positive evidence was submitted to the court by a representative of LLC "AVT-Ural". not presented.
Subject to paragraph 1 of Art. 11 of the Federal Law dated December 28, 2013 N 400-FZ "On insurance pensions" before the insurance period includes periods of work and (or) other activities that were carried out on the territory of the Russian Federation by persons appointed under Part 1 Art. 4 of the Federal Law, for which insurance contributions were paid to the Pension Fund of the Russian Federation during these periods. The representative of the representative office did not care about the fact that AVT-Ural LLC paid insurance premiums for the current period.
Arguments of the representative of the testimony about the impossibility of entering the controversial period of work at LLC "AVT-Ural" with special experience due to the non-renewal of the transferred position by the employer. 32.2 of the Federal Law dated December 15, 2001 N 167-FZ “On obligatory pension insurance in the Russian Federation”, obligations from insurance and payment for additional tariffs of insurance contributions are not possible, due to non-payment the insurer at the installation of lines or payment is not in full agreement insurance fund of the Russian Federation for the benefit of the insured persons working under the employment contract due to the nature and purpose of compulsory pension insurance, the need to ensure the rights of these persons does not cause any delay in the implementation of them the right to immediately and permanently withdraw the labor pension (Resolution of the Constitutional Court of the Russian Federation dated July 10, 2007) N 9-P).
Vakhovuychi, that the additional tariff, regulations for workers before payment from 01.01.2013, and insurance contributions and direct payments to finance the insurance part of the pension, the court respects, that the existence of an additional tariff for insurance contributions for the pension Your profession itself cannot tell you about the availability of facilities for Included Spiriny Pereodiv to the experience of the Vidpovіd species of Robit, the okolka is not alerted by the Viconnya with the Boku Robotodavtsi of his own overalls, the rush of the law, the right of the position on the inclusions of the Yogo Roboti to the special labor service experience.
Thus, the employer is subject to obligations to provide the Pension Fund with necessary information and re-insure the deposits. Failure by the employer to provide reliable information and failure to pay insurance premiums to the employer cannot be applied to the pension rights of T.V. Tikhonova, of whom there is no fault.
Assessed in total according to the rules of Art. 67 of the Civil Procedural Code of the Russian Federation, revealed in the evidence materials, the court was able to establish and include this period before the special period of service required for pre-line recognition of the old-age pension on the basis transferred to 2nd year 1 tbsp. 30 Law No. 400-FZ.
Thus, at the time of the approval of the application for the recognition of the pre-stroke insurance pension on December 12, 2017. special experience of Tikhonova T.V. becomes time: 05 m. 24 days plus 8 days 9 months. 25 days = 9 years 3 months 19 days, which is necessary 09 years, then the pre-line insurance pension is subject to the recognition of the right to it, so that after reaching the age of 50 years iv.
Without the regulation of this period of work, at the time of registration of the positive worker before the Administration (December 12, 2017), the special experience of the positive worker is necessary for the pre-line recognition of the old-age insurance pension, apparently, he has lost the right to a pension, In addition, there are platforms for depositing at the UPF of the Russian Federation . Kachkanarae will grant the positive person a pension.
Extended to Part 1, Art. 2. 22 of the Federal Law dated December 28, 2013 N 400-FZ “On Insurance Pensions”, the insurance pension is assigned from the day of renewal of the assigned pension, and in all cases, no earlier than the day before the date of renewal of the right to the assigned pension.
The day of application for an insurance pension is the day when the body responsible for pension security receives a valid application with all the necessary documents that must be submitted by the applicant under the provisions of Part 7 of Art. 21st of the Law.
From the systemic deterioration of the treated substances, the legislator connects the term of recognition of the pre-line old-age pension with two conditions, the very clear procedure for the recognition of pension security and the obvious The giant's rights are taken away.
The materials have established that Tikhonova T.V. 12/12/2017 submitted to the pension authority with the application and all the necessary documents for the recognition of pre-line pension for old age in connection with the active labor activity of weak minds.
At the time of the transfer of the positive officer to the pension authority, Tikhonov T.V. With the regulation of the conditions of illegality of the exclusion of evidence from the length of service necessary for the recognition of pre-line pension for old age, the disputed period of labor activity of the weak minds, the right to recognition of the pension ї on the stand p. 2 part 1 tbsp. 30 of the Federal Law dated December 28, 2013 N 400-FZ “On insurance pensions”.
Careful Art. Art. 194 - 198 Civil Procedural Code of the Russian Federation, court
Tikhonova Aunt Valentinivna’s calls to the Administration of the Pension Fund of the Russian Federation at the borough of Kachkanari in the Sverdlovsk region will be satisfied and the positions at the Administration of the Pension Fund of the Russian Federation at the borough of Kachkanari will be included until T.V. Tikhonova’s special experience, which gives the right to recognition of pre-string clause 2. 1 tbsp. 30 Federal Law on 12/28/2013 N 400-ФЗ "About the Strakhov Persix", perіod ї Roboti in the "Aut-Ural" laboratory assistant in the XIMICHIC ANALIZ in the WISH VIBRANICH VIBUKHOVICH RECHOVINA, technologistician Dlyanka:
z 02.03.2008r. until December 31, 2008 (00-10-00)
z 01/04/2009r. until March 17, 2014 (05-02-14)
z 03/19/2014r. until 08/11/2015 (01-04-23)
z 08/13/2015r. until December 31, 2016 (01-04-18)
and recognize the pre-stroke insurance pension for old age from the moment of registration until the Administration of the Pension Fund in the city of Kachkanari, Sverdlovsk region, but not before the right to it is revoked, then from 12/12/2017.
The decision may be appealed to the Sverdlovsk Regional Court for a period of one month from the day of its execution by the person filing an appeal through the Kachkanarsky Municipal Court.
Judge of the Kachkanarsky District Court T.O.Kukortsev
Do you think you are Russian? Were you born in the USSR and do you think that you are Russian, Ukrainian, Belarusian? No. Not so.
You are truly Russian, Ukrainian or Belarusian. Ale you think you are a Jew.
Game? Wrong word. The correct word is "imprinting".
The newborns associate themselves with these individuals, as they guard immediately after the birth. This natural mechanism is powerful in most living things that shine through.
Newborns in the USSR spent the first few days with their mothers for at least an hour, and spent most of the hour with the staff of the canopy hut. With the strange change in the situation, the stench was (and will disappear) much more Jewish. The reception is wild for its essence and effectiveness.
All your childhood you marveled at why you lived in the isolation of ignorant people. The rare Jews on your path could work with you for anything, even if you were attracted to them, and others were taken away. They can do it now.
You can’t correct this - one-time imprinting for the rest of your life. It’s difficult to comprehend, the instinct has taken shape, if you were too far from formulating it. Neither words nor details have been saved from that moment. They have lost their personalities and memory. Those rices that you respect with your family.
3 commentsSystem and backup system
What is important is the system as an object, the foundation of which does not raise doubts.
The guardian of the system is an object that is not partly guarded by the system, so its initial purpose is directed through officials independent of the system.
In the eyes of the system, there is a lot of chaos - like the influxes, and the inheritances of the vigilant extinctions, which have a causal link with the system.
The internal guard is a potentially accessible object for the system so that it is possible to invert the guard channels and the flow that controls it.
The external warning is to point out an object potentially inaccessible to the system, which is located behind the system (space and time).
Hypothesis No. 1. All-Seeing Eye
It is acceptable that our world is a system and is an external guardian. Thus, careful extinction can occur, for example, with the help of “gravitational displacement”, which permeates the entire world from all sides of the call. The structure of the burial of “gravitational vibration” is proportional to the mass of the object, and the projection of the “shadow” from this burial into another object is compressed as a gravitational force. There will be a proportional addition to the mass of objects and a proportional distance between them, which indicates the thickness of the “shade”.
The accumulation of “gravitational vibration” by the object increases its chaotic nature and is perceived by us as an hour. The object is impenetrable for “gravitational displacement”, through a burial of any larger geometric size, in the middle of the world it looks like a black hole.
Hypothesis No. 2. Internal guard
It is possible that our world looks after itself. For example, for the help of pairs of quantum entangled particles in the vastness of the etalon. Thus, the space between them is saturated with the extreme speed of the process, which gives rise to all the particles that reach the maximum thickness on the webbing of the trajectory of these particles. The formation of these particles also means that the trajectories of the objects must reach a large depth of burial, causing the particles to fade. Other assumptions are forfeited in the same way as for the first hypothesis, except:
Plin an hour
Third-party guarding of an object that is approaching the horizon of the black hole, since the initial factor of the hour in the world is the “outer guard”, is consistent with both - the shadow of the black hole And it blocks exactly half of the possible trajectories of “gravitational displacement”. Since the primary factor is the “internal guard,” then the shadow blocks the entire trajectory of the interaction and, over time, the object that falls into the black hole completely squeals when viewed from the side.
The possibility of a combination of these hypotheses in one or another proportion is also not excluded.
Judge Lukinska N.M.
CONCERNED VIZNANENNYA
Judicial board of civil certificates of the Vologda Regional Court at the warehouse:
heady King I.M.,
judges Okhapkina G.A., Bilyakova V.M.,
for the secretary Yarkina K.I.,
I looked at the civil court on the open court to the right of V.A. Skotnikova. on the decision of the Sokilsky District Court dated 26 June 2011 according to the call of Skotnikova V.O. up to the State Regulation - the Management of the Pension Fund of the Russian Federation at the town of Sokil, Vologda region, about the recognition of illegal status of the recognized pension.
Having heard the testimony of the judge of the Vologda Regional Court G.A. Okhapkina, the explanation of V.A. Skotnikova, the court panel
inserted:
decisions of the State Establishment - Management of the Pension Fund of the Russian Federation at Sokil m. (hereinafter GU - Management of the Pension Fund of the Russian Federation at Sokil m.) No....<ДАТА>Skotnikova V.A. confirmed in the pre-line recognized labor pension for old age in accordance with subparagraph 2 of paragraph 1 “About labor pensions in the Russian Federation” in connection with the lack of necessary work experience in with all their minds.
The period of work of Skotnikova V.A. is not insured for special experience. from April 6, 1995 to May 15, 2009 as a laboratory assistant for chemical analysis of ATZT SC
Having noted the legality of the decision taken, Skotnikova V.A. went to court with a summons to the State Administration of the Pension Fund of the Russian Federation in Sokol. I asked to know the decision of the State Administration - Administration of the Pension Fund of the Russian Federation in Sokil No....<ДАТА>illegal and such that it does not give rise to legal inheritance from the date of acceptance. Include a special work experience period from April 6, 1995 to May 15, 2009 as a chemical analysis laboratory assistant at ATVT SC. Assign pre-stroke pension from 23 February 2010.
She was motivated by the fact that she worked as a laboratory assistant in a pulp shop, workers of whom are entitled to receive an additional old-age pension as workers in the chemical industry. In accordance with the technological regulations, the acid section of the VAT SC pulp shop is intended for the removal of crude sulfic acid (from sodium bisulfate). The output raw material for stripping the finished acid, including technical sulfur GOST 127.1 98%. For List No. 2, the right to pre-line pension recognition is claimed by workers in laboratories, workshops and production plants, directly employed in the production departments re-insuranced in List No. 1 (in addition to those employed in graphic analysis).
At the ship's meeting Skotnikov V.A. The callers supported the calls on the bases placed on the caller's application. Dodatkovo explained that on April 6, 1995, she began working as a chemical analysis laboratory assistant, began in cellulose and acid production, and then worked primarily in acid production. The robots’ cleanings were important, analyzes were carried out regularly, samples were taken from sewers and from sulfuric acid tanks. They worked using protective methods: gas mask, soda respirators.
Representative Skotnikova V.A. - Gomzyakova N.V. clarified the call, indicated that Skotnikova V.A. I have the right to pre-line recognition of a labor pension for old age in accordance with Section “B” of Section VIII “Chemical Production” of List No. 1. She additionally explained that the positive person worked in the acid business, which is also supported by Ilanka of cellulose production. According to the technological regulations, it is clear that the production must be carried out before the chemical production. The chemical analysis laboratory assistant spends every working day at the acid station, always with instructions to check in with the robotic workers involved in the technological process.
Representative of the State Institution - Management of the Pension Fund of the Russian Federation in the city of Sokil, entrusted to S.P. Koltsov. I didn’t recognize the caller. She indicated that in Section XXI “Pulp-paper and wood production” List No. 2 of production, work, profession, planting and displays of unskilled and important minds, employment from whom gives the right to pension after a century on the people's minds, confirmed by decree The Cabinet of Ministers of the SRSR dated 26 September 1991 No. 10 presented the final transfer of professions that claim the right to pre-line recognition of a labor pension for an old person, in which the position is occupied for the period not named . Submitted to paragraph 4 of the Explanation of the Ministry of Practice of the Russian Federation dated May 22, 1996, issue No. 5 “About the procedure for establishing the Lists of professions, jobs, professions, landings and exhibitors, which give the right to an old-age pension in conjunction with special minds of laboratories Enterprises claim the right to a pension in connection with special minds, especially in cases where laboratories are directly indicated in the Lists. From the work book of Skotnikov V.A. There is a trace that she worked as a chemical analysis laboratory assistant. "Chemical analysis laboratory assistant" has no representation. VAT SC does not apply to the chemical industry, in connection with which it was subdivided “A” in the “Chemical production” section of List No. 1 or List No. 2, there can be no stagnation. Apparently, until the chemical analysis laboratory has carried out the chemical analysis, the right to a pre-station pension is not granted, since the remainder is not borrowed from the technological process of producing chemical products.
The court made a decision.
At the touching skarza Skotnikova V.A. raise the issue of the ship's decision through incorrectly designated furnishings, which may be significant for the certificate, indicating the wrong furnishings, which are included in the order form.
In the case of the State Pension Fund of the Russian Federation, Sokol has filed a request for the decision to be revoked without change, from V.A. Skotnikova, who is satisfied with the cassation money. vidmovit.
The court board, having verified the legality and validity of the ship's praise, having discussed the arguments of the cassation scum, the submissions to be suppressed, respects that the decision is praised according to the actual circumstances of the law and the power of proper legislation.
Subject to subparagraph 2, paragraph 1 of Article 27 of the Federal Law dated 17 April 2001, No. 173-FZ “On labor pensions in the Russian Federation,” the labor pension for old age is assigned before the age of of this Article 7 of this Law to persons, women after reaching the age of 50 years, Because they worked on robots with hard minds for at least 10 years and have an insurance record of at least 20 years.
Paragraph 2 of Article 27 of the said Federal Law establishes that the lists of types of jobs, professions, positions, specialties and settings under which the old-age labor pension is assigned are consistent with paragraph 1 of this article, calculation rules periods of work and the recognition of the assigned pension for necessities are confirmed by the Russian Government Federation.
Submitted to the Decree of the Russian Federation dated June 18, 2002 No. 537 “About the lists of jobs, jobs, professions and plantations, for which the labor pension for old age is assigned in advance” until the date of confirmation of the Rules for the calculation of periods of work, which gives the right to additional recognition of the labor pension for old age, according to Article 27 of the federal law “On labor pensions in the Russian Federation”, it is established that with pre-line recognition of the labor pension for old age, the lists of jobs, jobs, professions and plantings (from before additions and changes before them), approved by the Cabinet of Ministers of the SRSR, Rada Ministers of the RRFSR and the Russian Federation, including with the pre-employment recognition of old age pensions for workers employed in jobs with important minds, - List No. 2 of vocations, jobs, professions ii, planting and showing up with unprofitable and important minds, approvals to the Resolution Cabinet Ministers of the USSR dated 26 June 1991 N 10.
Approved to the work record book for the period from April 6, 1995 to April 15, 2009 to V.A. Skotnikova. danced at the landing of a laboratory assistant for chemical analysis... ATZT SC
Submitted to paragraph 4 of the Explanation of the Ministry of Practice of the Russian Federation dated May 22, 1996, issue No. 5 “About the procedure for establishing the Lists of professions, jobs, professions, landings and exhibitors, which give the right to an old-age pension in conjunction with special minds of laboratories enterprises, as well as branches and laboratories of research and development, design and research organizations are seeking the right to a pension in connection with special minds, especially in these cases, when there is a laboratory ateries and organizations are directly indicated in the Lists.
Subject 2 “Pulp, paper and cardboard production” Section XXI “Pulp, paper and wood production” List No. 2 of production, work, professions, planting and displays of poor and important minds, for employment gives the right to a pension after age (old age) ) on the positive minds, approved by the Resolution Cabinet of Ministers of the SRSR dated 26 June 1991, No. 10 “On the approval of the Lists of professions, jobs, professions, landings and exhibitors, which give the right to a preferential pension security" the profession of "laboratory chemical analysis, borrowed from the production of synthetic substances" was transferred adhesive resins."
Subdivision “A” to Section X “Chemical Vibration” List No. 2 was transferred to the workers of laboratories of workshops and vibratories, directly employed by the vibratories transferred to List No. 1.
Unit “B” has assigned robot workers and masters of other industries of industry and the people’s state, who will spend their day working on the technological process of production of products: inorganic chemistry, goodness, field measures, plastics, rubbers, varnish, phototechnical, waste chemicals, organic synthesis, synthetic barberries, petrochemicals, humotechnical and asbestos, chemical reagents, high-purity wastes in adjacent workshops, departments, plots and installations for the presence of waste in the working area Their speeches are not safe for the 3rd class. Robot workers and masters are employed in the repair and maintenance of technological and electrical equipment at a number of manufacturing plants.
Subdivision “A” to Section VIII “Chemical Production” List No. 1 of production, work, profession, planting and displaying on underground robots, on robots with particularly unskillful and particularly difficult minds, employment with which gives the right to pension per age (for old age) on the positive minds, approved by the Resolution Cabinet of Ministers of the Russian Socialist Republic dated 26 September 1991, No. 10 “On the approval of the Lists of occupations, jobs, professions, plantings and exhibitors, which give the right to a preferential pension for "Safety" of workers, ceramic workers and food processors of chemical and petrochemical industry , will take a full day of work in the following smelting plants and robots: smelting liquor regardless of the method, mineral and organic acids, their derivatives, the like, including regeneration, denitration and concentration .
In section “B” of this section, workers and masters of other industries of industry and the people’s state are assigned to work full time in the technological process of production of products: inorganic chemistry, goodness, polymers, plastics, rubbers, varnish, waste chemicals, organic synthesis, synthetic barberries, petrochemicals, humotechnical and asbestos, chemical reagents, high-purity wastes in adjacent workshops, departments, plots and installations for the presence of waste in the working area They are classified as 1st or 2nd class hazardous, as well as carcinogens. Robot workers and masters are employed in the repair and maintenance of technological equipment and electrical equipment at selected manufacturing plants.
Paragraph 5 The transfer of documents necessary for the establishment of labor pensions and state pension security pensions is related to the Federal Laws “On Labor Pensions in the Russian Federation” and “On State Pension Security in Russian Federation", approved by the resolution of the Ministry of Culture of Ukraine and the Pension Fund of the Russian Federation dated 27 February 2002 No. 16/19pa, the obligation of a citizen was transferred, who, having applied for the recognition of a labor pension for old age, in accordance with Articles 27 and 28 of the Federal Law dated 17 June 2001, submit documents that confirm the length of service different types of work.
Seemingly satisfied with the statements, Court of first instance rightfully coming from the fact that the planting, which is engaged in a positive period, does not give the right to a benefit pension according to section 2 “Vibration of pulp, paper and cardboard” to section XXI “Pulp and paper and wood processing" List No. 2, posad fragments " laboratory assistant for chemical analysis of cellulose production" until this section there are no documents included, which confirm the history of V.A. Skotnikova. Work with especially weak and especially important minds is not presented in the court session, the testimony of certificates cannot be admissible proof of the presence of special experience, in connection with which the correct conclusion has been created about the legality of the decision of the State Administration - Management Meeting of the Pension Fund of the Russian Federation in Sokil no. .. view<ДАТА>about Vidmova Skotnikova V.A. Pre-stroke workers have an old-age labor pension.
For such situations, the court panel could find out the rulings of the court of the first instance about Vidmova from satisfied callers were correct, since they are based on the establishment of the justice settings and the power of official legislation, which the decided court ordered and lumacheni is correct.
In compliance with Article 361 of the Civil Code of the Russian Federation, the Court Board
SAID:
The decision of the Sokilsky District Court dated 26 June 2011 was to deprive V.A. Skotnikova without change. - Without being pleased.
Head: I.M. King
Judge: G.A. Okhapkina
COURT COLLEGE FOR HROMADIANSKY RIGHTS OF PRIMORSKY REGIONAL COURT
VIZNACHENNYA
Judicial board at the civil rights of the Primorsky Regional Court at the warehouse:
criminal judge Lozenko I. A.
Suddiv Stepanova E. V., Sharoglazova O. M.
for the secretary Sokur M.G.
I looked at the open court sitting civil right for the call application of Iryomenko PIB10 to the State Administration - Administration of the Pension Fund of the Russian Federation for PIB11< адрес>about inclusion before a special work experience, which gives the right to the establishment of a pre-line labor pension before reaching the pension age, periods of work, and about the recognition of a pre-line labor pension before reaching the pension age
for the appeal skarga V.M. Yeryomenko
for the decision of the Lisozavodsky District Court< адрес>as ..., which the satisfied callers were inspired by.
Having heard the testimony of Judge Stepanova E. V., court board
u st a n o v i la:
Yeromenko V.N. went to court before the court with the most famous summons, in the background she could say that s... by... (... she worked as a laboratory assistant< адрес>, which is a great product of a chemical profile that produces feed yeast and furfural by hydrolysis of organic sour (the process of chemical processing of wood). Laboratory assistant for chemical analysis at the Central Laboratory of Laboratories< адрес>In accordance with the instructions, carry out sampling at the workshop, completing complex analyzes of the production products. This work was transferred to a single tariff and qualification inspector for the work and profession of workers (ETKS): paragraph 156 “chemical analysis laboratory assistant 3 ranks”. As a laboratory assistant in the hydrolysis-furfural workshop, she monitored the process of technical hydrolysis of wood. Processed in three changes, which means a sour and sour storehouse of turmeric in the intermediate product of the production - hydrolyzate, taken for testing at the first stage of the technological line. During the 8-year shift, I went to the main production workshop. Sample collectors were located directly in the main distillation shop (cooking, furfural, hydrolysis) and samples were collected from digesters and furfural columns. She delivered the samples to the laboratory for analysis. When collecting samples from the workshop and carrying out the analysis, there was direct contact with hazardous substances (acids, acids, yeast sawdust, furfural fumes). To improve the safety equipment at work, she was equipped with special dry equipment: a special suit, a special suit, gum gloves, a respirator, which is confirmed by the collective agreement of the LBGZ. The work of a laboratory assistant in a hydrolysis-furfural workshop was completed by her on a full day's work, without shortening the working hour or working day. Despite the standard layouts, the laboratory was renamed several times (TsZL-OTK).
It was important that the work as a laboratory assistant in the hydrolysis-furfural workshop (department) for the nature and minds of the work is similar to the work, transferred to the List No. dated 26.011.1991 No. 10, section X “Chemical production”, point 3, code 21 10A030-1754 to laboratory and virological laboratory workers , directly borrowed from the production plants, re-insurance from List No. (except for those employed in graphic analysis), through those who are employed by the laboratory assistant of the hydrolysis-furfural workshop (division) from the technological processes of furfural production, alcohol and both of them. She has reached her pension age with the benefit of her unprofitable work experience... (...), I will finish her pensionable service... without interruption of her unpaid work experience, then. period of work as a laboratory assistant in the hydrolysis-furfural workshop.
To clarify, I asked you to secure an old-age pension, which entitles you to an old-age pension, ..., then, the period of work from ... to ... and then calculate the old-age pension from the day of your pension for the pension until Pension Management ійго Fund of the Russian Federation (...).
At the ship's meeting, clarification was made possible.
Representatives of the State Institution - Management of the Pension Fund of the Russian Federation with PIB12< адрес>The ship's statement was not obtained at the hearing. It was explained that the positive worker does not have the necessary amount of special work experience to qualify for a pre-stroke pension. In connection with this, the decisions of the State Administration - Management of the Pension Fund in ... No. is indicated in the recognized pre-line labor pension for old age. In this case, PIB1 has the legality of special length of service, which requires inclusion for the recognition of pre-line labor pension for old age up to paragraphs. 2 p. 1 art. 27 of the Federal Law No. 173-F3 "" becomes 0 days, the insurance period is ...
Subject to the requirements of the Rules for calculating periods of work, which gives the right to additional recognition of the labor pension for old age, approved by the Regulations of the Russian Federation ... No. of the length of service gives the right to additional recognition of the labor pension for old age, to be insured during work, What ends with the steady stretch of a long working day . Under the regular working day, it is understood that work is carried out for at least 80% of the working day (explained by the Ministry of Labor of the Russian Federation No. dated 05/22/1996). The main document that confirms the work experience before the citizen is registered as an insured person is the work book. If the work book contains the necessary information about the work, which gives the right to an additional line of labor pension, then the additional line of labor pension can be assigned without requiring additional documents. In these situations, if in order to determine the right to a pre-line pension, the necessary information about the character and mental processes of the guilty party is confirmed by relevant documents, in order to provide the necessary information. The profession “Laboratory Assistant” was not transferred to the List No. of the Ministry and was not transferred to the List No. of 1991. "Pulp-paper and wood-processing production." In addition, the production of a timber biochemical plant cannot be related to the production of chemical and petrochemical waste industries. The nature, type of work, as well as the mind for which an old-age labor pension is assigned in advance, in each specific case is confirmed by a specific certificate, which is seen by the administration of the employer or the state (municipal) body from the archived documents from the period when the robots were working, or from records personalized appearance.
The court praised the decision, which did not go well with V.N. Yeromenko, and she filed an appeal, in which to ask for a decision to punish her as illegal.
Having verified the legality of the decision of the court between the arguments of the appeal court on the basis of Part 1 of Art. 327.1 of the Code of Criminal Procedure of the Russian Federation, having examined the materials of the case, having discussed the arguments of the appeal, the court panel does not accept the decision of the court.
Based on the satisfied statements of the callers, the court concluded that no evidence was presented to confirm the beneficial nature of the work during the period of work, such statements as one that extends the inclusion of work experience, which gives the right to additional employment recognition ї old age pensions for put it up.
With this decision, the court of the first instance is satisfied by the panel of judges, since it confirms the establishment of legal conditions and norms of substantive and procedural law, which contribute to the stagnation of this justice.
From the materials of the reference we highlight the decisions of the State Institution - Management of the Pension Fund of the Russian Federation with PIB13 with< адрес>No. ... Yeryomenko V. N. is confirmed in the pre-line recognition of the old-age labor pension per p.p. 2 p. 1 art. 27 of the Federal Law “On Labor Pensions in the Russian Federation” in connection with the amount of special length of service.
For filing with the pension authority on the date of renewal of applications for advanced recognition of the labor pension for old age, V. N. Eryomenko has a small amount of insurance experience ... days, and a lot of special experience. V.N. Eryomenka’s right to receive a labor pension for old age does not arise before...
Article 39 of the Constitution of the Russian Federation guarantees social security to everyone in the event of illness, disability, annual leave for the care of children and in other cases established by law.
Subject to confirmation. 2 p. 1 and p. 2 art. 27 of Federal Law N 173-ФЗ in ... "On labor pensions in the Russian Federation" the old-age labor pension is recognized before the age established by Art. 7 of this Federal Law, men after reaching the age of 55 years and women after reaching the age of 50 years, as they worked on robots with important minds, obviously no less than 12 years 6 mi 10 years and 10 years and have an insurance period of at least 25 and 20 years.
Whenever a designated individual undergoes treatment, at least half of the established line is required and the required insurance period is required; their labor pension is assigned to the changes in the age transferred to Art. 7 of this Federal Law, for one rik for each 2 years and 6 months of such work for men and for each 2 years of such work for women.
Lists of eligible jobs, occupations, professions, occupations, specialties and installations that qualify for a pre-scheduled labor pension, the rules for calculating periods of work and the assignment of labor pensions, if necessary, are confirmed by the Russian Government of this Federation.
Subject to the Decree of the Ministry of the Russian Federation No. 5... “About the procedure for compiling the Lists of occupations, jobs, professions and positions, which give the right to an old-age pension in connection with special minds, the right to a pension for work gu rokiv" right to a pension In conjunction with special minds, there are workers who are constantly busy with work transferred to the Lists, stretching out a long working day. During a regular working day, it is understood that the minds assigned to the List spend at least 80% of the working day. The assignment hour includes the hour for the start of preparatory and auxiliary work.
The rules approved by the Decree of the Russian Federation under ... N 516 also transfer the inclusion of work experience, which gives the right to an additional recognition of the labor pension for old age, periods of work, which ends gradually with a full working day.
First of all, about the new working day for periods of work that extend inclusion until special work experience under List No. 2 dated 01/26/1991, was legally designated from ... in accordance with paragraph 2 of the Clarification of the Ministry of Public Affairs and Employment and the population of PIB3 and the Ministry of Social Protection of the Population ПІБ3 від ... N 1 “About the procedure for settlement in the territory of ПІБ3 Lists N 1 and 2 branches, jobs, professions, landings and exhibitors, which give the right to a pension after age (for old age) on the basis of the law, approved by the resolution P IB2 view .. . N 10 and introduced in the territory of PIB3 with ... decree PIB3 ed ... N 517 ", confirmed by the order of the Ministry of PIB3 and the Ministry of Social Protection PIB3 ed ... N 3/235.
The main document that confirms the work experience before the citizen is registered as an insured person is the work book. If the work book contains the necessary information about the work, which gives the right to an additional line of labor pension, then the additional line of labor pension can be assigned without requiring additional documents. In these situations, if in order to determine the right to a pre-line pension, the necessary information about the character and mental processes of the guilty party is confirmed by relevant documents, in order to provide the necessary information.
Subject to Part 1 of Art. 56 of the Central Prosecution Code of the Russian Federation, each party is obliged to comply with the circumstances in which it is trying to protect its own, if it is not otherwise provided for by federal law.
As it appears from the entry in the work book and a copy of the punishments for the period from ... to ... worked on< адрес>in the laboratory assistant’s seat at the Central Factory Laboratory (OGK). With copies of orders< адрес>This collective agreement means that the plant's assignments ... are located before the Ministry of Medical and Microbiological Industry PIB2, according to a copy of the order from ... - to the Ministry of Medical Industry PIB2. The central plant laboratory and technical equipment were not located before the main production plant, which is a copy of the order ... and the collective agreement.
In such a manner< адрес>cannot be submitted until
In the chemical and naphtochemical industry, the central factory laboratory and technical equipment were not located before the main production. In addition, the profession “Laboratory Assistant” was not transferred to List No. XXI and was not transferred to List No. dated 1991 to XXI. "Pulp-paper and wood-processing production"
Proof of crap about those who< адрес>It is not possible to reach the chemical and naphtochemical industry, since the raw materials for this production were the outputs of wood production< адрес>), the main type of activity is the production of feed yeasts and furfural.
Insertion in the appeal case for punishments for short-term leave, drawings from the departmental records of wages, a work book, as documents that confirm the talents of the mind, and not for possible. These documents confirm the fact of the worker’s work at this enterprise at the central factory laboratory (next structural department).
Bring the squabble about the promotion of a position worker in a laboratory assistant to a profession that gives the right to an extension of pension recognition in accordance with Lists no.< адрес>Before the main production plant there were two workshops: hydrolysis-furfural and yeast. In accordance with the order No. ... a single basic implementation was created based on the integration of two subdivisions of the DFC and the workshop.
Subject to paragraph 3 of Art. 13 of Federal Law N 173-FE, until there is permissible evidence that confirms the peculiarities of the work (work in the best minds), what signifies its character and what is added to the pre-line recognition of the labor pension for old age, it cannot be submitted. Edkiv. The established circumstances may be confirmed by other evidence submitted to Article 55 of the Central Procedural Code of the Russian Federation, in connection with which, sent in an appeal against those that the court unlawfully classified the certificates as unacceptable proof is not possible.
The nature of the work, the peculiarities of the minds involved in the work function, is not confirmed.
Sent in the appeal case for those submitted by a positive statement, documents that confirm the actual processing of the hour in the weak minds of the practice are not possible.
Giving a worker the right to additional days of leave and a shortened working day, work for the weak minds, is not a basis for pre-line recognition of a pension. According to the collective agreement of 1985, additional days of leave were provided not only to the workers of the main production, but to the directorate, GCS and others. The work itself gives generous minds the right to additional days.
Considering the statements are valid, the court of the first instance correctly stated that the decision of the court according to PIB7, on which a positive witness was sent, cannot be of any prejudicial significance for making a decision in this case, the remains may still be I’ll call you for this item.
In paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation ... No. 30 “On the practice of reviewing by courts of cases related to the implementation of the rights of citizens on labor pensions” it is explained that in times of adversity a citizen with a registry body What kind of pension security does it have? , include up to the length of service, which entitles you to the pre-line recognition of the labor pension for old age, the period of work, which, in the mind of the citizen, is necessary to enter into this period of work, it is necessary to take out insurance, so that nutrition is about the sameness of the consignment of positive work t, occupied land, obvious profession for these robots, The positions of the professions that give the right to an early recognition of the labor pension for old age are determined by the court based on the specific circumstances of the case established at the court session (the nature and specificity of the minds of the involved workers, the their functional bonds for planting and obvious professions, vantage , with the purpose of maintaining the order, as well as directly the activities of installations, organs, in which wines are working, etc.). In this case, the sameness of different names of jobs, professions, and positions is not allowed.
PIB7 was produced in the hydrolysis-fupfural workshop, which was installed before the main production. The place of robotic positivist is the central factory laboratory. To that we present the subject of a valid call that is not identical to the call PIB7
The statement of appeal for those who, during the 8th year of change, succumbed to the influx of wasteful chemical speech, the remains of the current working day steadily poured into hydrolysis-furfor for a single workshop, it is not possible to rely on reference materials and evidence to support these arguments. . At the court hearing of the first instance... the positive worker explained that she worked as a laboratory assistant at the central laboratory, where she spent most of her working hours.
In the main dispute, the court correctly established the law, correctly identified the circumstances that may be significant for the justice, the court's orders confirm the established circumstances, the established circumstances are confirmed by the evidence obtained by the justice, which the court gave a proper legal assessment Nku, bring the appellate skargs to the court not to stand in vain.
With the protection of the arguments for binding the decision to the court from the arguments of the appeal, there is no scum, the decision to the court is sent to the court without change as it is legally valid.
Z vikladenogo, quarrelsome Art. Art. 328, , 330 Central Procedure Code of the Russian Federation, court board
p e d e l i l a:
decision of the Lisozavodsky District Court< адрес>vіd ... deprive V.M. Yeremenko of the appeal without change. - Without being pleased.
Headed Suddi
Electronic text of the document
preparations of AT "Kodeks" and fees for:
file-rozsilka
V.G. Bilyakin, station Head of the Department of Pension Security Department of the Development of Social Insurance and State Security Ministry of Health and Social Development of Russia
Pre-stroke labor pension for old age for work with important, unhelpful and careless minds is assigned to Lists No. 1 and No. 2 of branches, jobs, professions, plantings and exhibitors, which give the right to a preferential pension No security. The lists are stored behind the specific sign, skin section and subsection, indicating the song of progress or the specific type of work. Therefore, the declaration of the assigned pension is determined depending on what kind of work and what kind of work the same worker has. It does not matter whether the staff of any organization or any branch of the organization has a doctor. The primary factor in establishing the right to pre-service recognition of a labor pension for old age is the fact that the worker is employed by the employer or by other related jobs transferred by the Lists.
The researcher can remain on the staff of the laboratory, but can also remove the robots from testing at stations and stands of various types of ammunition (List No. 2, Section XI “Vyrobation of vibukhovs, inoculants, gunpowders and disputes yazhenya ammunition") or robots with UKH-, UV Ch- , NHF viprominuvan not related to scientific research (List No. 2, section XXXIII “Underground professions”). In both cases, the worker does not lose the right to pre-line pension security, since he is constantly working on assigned jobs for a long working day, since the character of the new job is considered to be a military worker.
The rules for establishing Lists No. 1 and No. 2 are in accordance with the clarified Ministry of Industry of Russia dated May 22, 1996 No. 5. Thus, according to paragraph 4 of this clarification, workers of laboratories of enterprises, organizations y and installations (hereinafter referred to as organizations), incl. .scientific-Doslednytsky, design, dosledno-design, are eligible for the pre-employment recognition of old-age labor pension in the case where the laboratories are directly transferred to similar departments and other departments lah Lists.
Laboratories are directly transferred to List No. 1 (sections XIII “Vyrobinstvo of electronic equipment and equipment”, XVI “Vyrobnitser of piece and synthetic fibers”) and to List No. 2 (sections X “Chemical Vibrantry”, XXIII “Vyrobnitst” in medicines, medical and biological "Preparations and materials").
Laboratories can be organized as in workshops of a manufacturing organization (shop laboratories), the activities of which are determined by the very production of these workshops, and in the form of structural subdivisions of the organization. galom, which serves all workshops and other subdivisions of the organization. In other cases, the stench is called central factory laboratories (CPL).
The laboratories operate at the warehouse of scientific research, design and research and development organizations. The functions of these laboratories are characterized by scientific research activities.
Laboratories can be independent, so they are not part of the organizational structure. These are, so called, central scientific research laboratories (CSDL).
The right of laboratory workers on pre-line pension security is subject to the status of laboratories, which is determined by their functional activity. As it was intended, the declaration about the pre-line recognition of labor pensions for old age is determined by the Lists to be established in detail which one has the occupation and occupation of the other worker. There is also a concern among laboratory workers.
The right of laboratory workers to receive an old-age labor pension during the pre-service period is determined by the extent to which it is associated with the manufacturing process.
So, for example, in the chemical vibration industry (List No. 2, section X) the laboratory of the workshops and the production plants, the workers of which are directly employed in the production facilities, transferred from the List No. 1. In which section is indicated and workers involved in the control of wind pollution in the production shops of chemical enterprises naphtochemical type industry grew. For the testing of these works, a special laboratory (industrial laboratory) can be created at the organization’s warehouse or workshop, workers of which are entitled to pre-line pension security for List No. 2, regardless of what kind of chemical Serve the original stink. This may include selection, transfer to both List No. 1 (section VIII) and List No. 2 (section X).
The same procedure applies to the provision of pre-service pension security for workers (robot workers and specialists) of chemical workshops.laboratory for production of piece and synthetic fibers. The pre-line labor pension for old age is assigned according to List No. 1 (Section XVI).
The mother respects the fact that the technicians of such laboratories do not deny the right to pre-stroke recognition of the labor pension for old age.
Laboratory assistants are employed in the production of medicines, medical and biological preparations and materials, including workshop laboratories, borrowed from production facilities, re-insurance from List No. 1 (Section XVIII) and List No. 2 ( section XXIII), pre-line labor pension for old age assigned to List No. 2 (section XXIII). The right to this pension is available to laboratory assistants who are employed by the staff in manufacturing workshops and workshop laboratories.
A similar principle applies to the provision of advanced pension security for laboratory assistants in the chemical analysis of pulp and paper organizations engaged in the production of pulp, paper and cardboard. The right to a pre-line pension (List No. 2, section XXI “Pulp-paper wood production”) is possible as a laboratory chemical analysis of the production workshops, as well as chemical laboratories borrowed from the production synthet ichnyh resins, what to glue.
It should be noted that there is a provision for pre-line pension security for workers of the central factory laboratories. This is due to the fact that these laboratories do not have their status assigned to the production of seeds. Their functions include: control of materials that go to the organization; control of finished products of the organization; last robots. Workers of such laboratories do not have the right to benefit from pre-line pension security, except for the consequences that arise from the law.
Thus, in section II “Ore preparation, enrichment, agglomeration (agglomeration, briquetting, pelleting), burning of ores and non-metallic copalins” (section 1, position 2030100a-17541) List No. 2 was transferred to Books of assays and assays, and section VIII “Metallurgical fabrication ( color metals)" (subsection 21, position 2092500a-17541) – assay, analytical, spectral, pre-surveillance, control-vibration and other laboratories. The functions of these laboratories include: chemical (acid and acidic) analysis of ores and other mineral products and bacteria for high-precious metals, physical (spectral) analysis, control and other methods investigation These robots can interact with the CZL.
Thus, CZL workers who perform assigned work servicing treatment in these departments of production can quickly become eligible for pre-line pension security.
At the same time, in some organizations, shop laboratories (transferred by Lists) will be transferred to the CZL warehouse as a result of reorganization, without changing the functions of the shop laboratory. And here they are protected by a declaration about the pre-line recognition of labor pensions for old age, which stinks a little like the workers of workshop laboratories.
In certain sections and subsections of the Lists, laboratory assistants are assigned, who are entitled to a pre-line pension security as workers of this field.
In Section XIII “Production of electronic equipment and radio equipment” List No. 2, a number of other professions and plantations are transferred to laboratory assistants, employed in work areas due to the presence of mercury in the prepared equipment. in plants and on farms and in robots from stagnant lead oxides.
Appointed laboratory assistants acquire rights to the advanced recognition of the old-age labor pension, regardless of whether they are on staff in a workshop (vibration department) or a workshop laboratory.
Some sections and subsections of the Lists indicate robots that can be obtained from certain laboratories. Thus, in sections XXII and XXXIII “Underground professions”, apparently, Lists No. 1 and No. 2 have transferred workers who directly relate work to microorganisms. Working with microorganisms of the 1st group of unsafety, against which there are no effective methods of prevention and treatment, the pre-line old-age pension is assigned to List No. 1. Working with microorganisms of the 2nd group of unsafety which gives the right to pre-line pension security for List No. 2.
Sanitary rules for the safety of work with microorganisms (SP 1.2. 01194), reg. According to the Russian Federation, it is allowed to carry out work with microorganisms of the 1st, 2nd groups of concern (pathogenicity) in laboratories of enterprises, organization and installations (including scientifically advanced ones), which require the use of Mannya was able to ensure safety and was given permission to work with such biological material.
In connection with this right to pre-line pension security for sections of Lists No. 1 and No. 2 “Ground professions”, workers may be employed who work with microorganisms of the 1st, 2nd groups of concern (pathogenicity i) in laboratories of enterprises, organizations and installations, incl. including scientific and advanced ones.