Not every employer, for one reason or another, is ready to offer the employee registration in the organization's staff under an employment contract. Often, a new employee is drawn up under a civil law contract and a work contract is concluded with him.
When work under a contract is counted in the total length of service
A large number of people are sure that in the case of work under a contract, the hours worked will not be included in the total length of service. After all, an entry in the work book is not made. However, this is not entirely true. If certain conditions are met, the employee will not lose seniority even when working under a civil law contract, but only to calculate the pension.
If the employer, during the entire period of the employee's work under the contract, made deductions of compulsory insurance contributions to the social protection fund, then all the time worked by the employee in the organization will be counted when calculating the length of service.
Do not forget that only from 01.07.1993 compulsory insurance contributions became possible for persons working under a work contract.
At the same time, when calculating a person's pension, all the years during which deductions were made will be counted in the length of service. And starting from 01.07.1998, the amount from which contributions to the social protection fund are charged is also taken into account. If the employee's income did not exceed the amount of the minimum wage, then the period of work at this time goes into the seniority, while a special coefficient is applied when calculating.
When work under a contract is counted in the total length of service
However, work under a work contract, in contrast to an employment contract, has a number of risks and disadvantages. So, despite the contributions to the pension fund, the length of service required to pay sick leave in the event of an employee's illness, as well as to receive unemployment benefits in the event of permanent or temporary disability of an employee, does not increase.
In addition, no entries are made in the work book. And this can negatively affect in the case of employment at a new place of work. After all, the employer will see the interrupted work experience, and the employee's experience itself may not be large enough if he has worked for a long time under a civil law contract.
Having decided to agree to work under a work contract, carefully read the contract itself. Often, the employer makes such oversights in its preparation that the contract can be recognized by lawyers as labor.
Therefore, if there is a choice, then it is better to give preference to the employment contract, which includes the entire social package and protects the employee from many situations that may occur.
