Continuous service after layoff. What kind of break will not disrupt continuous service?

How many days is it? What is it used for? This concept was constantly heard before. But in modern Russia it is slowly becoming obsolete. So what should you know about this concept? What features should you pay attention to? And is he really needed? modern society? You can figure it all out without any problems!

No accuracy

In general, in Russia, almost every term related to work has a corresponding specific definition, written in Labor Code RF. It is with its help that it will be possible to say exactly what a citizen is dealing with.

Continuous work experience brings a lot of trouble when determining. In the USSR, this concept was valued and had a precise definition. Now it is not registered anywhere. All that remains is to use generally accepted rules to figure out what kind of experience we are talking about. When defining a term, some disagreement may arise. More about them later.

Basic definition of experience

What is How many days is it in Russia? The first step is to pay attention to the definition of the term being studied. It has already been said that it will not be possible to achieve accuracy in this matter, since there is no clearly defined description of the expression in the legislation of the Russian Federation.

What's happened continuous experience work? Many people believe that time spent doing job responsibilities within the same company. That is, how long a person has worked in a particular corporation.

This is the concept that most often occurs. In the USSR this point played important role. It allowed you to receive a variety of allowances and bonuses, as well as other bonuses from the company and the state. But now few people strive for continuous experience.

Legal concept

What else should you pay attention to? There is a legal opinion regarding the term being studied. It slightly changes the very meaning of continuous work experience. What is it about?

The thing is that some people claim that continuous length of service is considered as time spent doing work with possible breaks that can be included in work activity. That is, it is not necessary to work within the same company. And fulfilling job responsibilities is also not always necessary for continuity of work experience.

From a legal point of view, breaks are possible. But only certain ones. Therefore, the calculus of continuous length of service- it’s not an easy matter. You have to pay attention to many nuances and features. After all, the state is legal definition more supportive. Sometimes the term being studied is called This is not entirely correct.

Possible career breaks

Work experience is an important concept. It plays a huge role in calculating pensions. But there is also a term called continuous work experience. It is not so important in modern Russia. It has already been said - sometimes you can take short breaks. What periods of a citizen’s life are not considered as an interruption of their work experience? Among them are:

passing military service on call;
alternative or in the army;
period of work in cooperatives and collective farms;
labor in the Ministry of Internal Affairs;
work as a deputy State Duma RF;
Holiday to care for the child.

All of the above periods do not apply to breaks labor activity. This means that if, for example, a woman worked in a company, then went on maternity leave, and then was reinstated in the organization, her work experience will continue. The main thing is that the periods listed earlier are also considered as fulfillment of official duties and labor.

Getting fired is not a problem

What else should you pay attention to? At the moment, dismissal without interruption of seniority is allowed in Russia. There are various rules on this matter. The simplest thing is a situation in which a citizen quits his job on his own and tries to find a job as soon as possible.

Under what conditions will continuous service be maintained? How many days are you allowed to be listed as fired without losing this feature? In Russia, it is allowed to search for work without interrupting the calculation of 30 days of work experience.

It turns out that if a citizen already got a job in another company, but met the month established by law, continuous work will continue. The main thing is to have official employment. Only it counts.

Another important point is that any dismissal must be at will. And in work book A citizen should not be suspended from performing official duties under the “article”. Otherwise, all rights to maintain continuous service are lost. This should always be kept in mind.

Two month

The features don't end there. The rules for calculating continuous service have several more important points. It is not always possible to change jobs within 30 days. Under certain circumstances, this period is extended. For example, up to two months. When is this possible? Under the following circumstances, the citizen maintains continuity of work for 60 days after dismissal:

Previous work was in harsh conditions.
A citizen of the Russian Federation worked outside the country. Upon dismissal, you are given 2 months to find a new job.
If we are talking about a foreign citizen who works in the Russian Federation. But only on the condition that a social security agreement has been concluded between the countries.

There are no other significant reasons. Therefore, citizens often use the practice of finding a new job and maintaining continuity in calculating their length of service for a month after dismissal.

90 days

But this is not all the features that should be taken into account. The point is that the period of continuous service can continue even if citizens do not go to work for 3 months. This is the rarest case, but it will still have to be taken into account.

It is already clear that if you resign at your own request, in most cases you are given 30 days to find a new job. Only under certain circumstances this period is doubled. But you can count on a threefold increase.

Citizens who have been laid off can look for work for 90 days. This rule also applies to persons dismissed from their place of permanent employment due to the liquidation of the enterprise.

Spouses

There is one more point that has been overlooked. It doesn't happen very often, but it does happen. We are talking about situations when one of the spouses is transferred to work in another region. Accordingly, the family must move. The second spouse will have to quit.

But he will continue to have uninterrupted service. How many days in in this case stands out for job search? Three months (90 days). But many are trying to either no longer strive for continuity, or to find a new place of work as soon as possible, within the first 30 days. This is an additional safety net that will help avoid surprises.

Preservation of the profession

How to calculate continuous service? It is already clear that we are talking about periods of continuous labor. In Russia, the transfer periods can also be characterized by the studied term Money to the Pension Fund for future pension. There is one more small nuance that has not been taken into account.

Continuity of work experience will not be affected if the citizen good reasons resigned, but at the same time he retained his profession. Is it true, new job will have to be found in one or another field of activity within the previously specified time frame. This feature is not entirely clear to many.

Other

Continuous service is considered as such, even if citizens resign. The periods that are counted as labor activity have already been named, but in fact they are not.

There are several other points under which you can not work for a certain period of time and not worry about maintaining continuity of work experience. What periods can be identified as exceptions? This:

The employee is the parent of a child who has HIV infection and needs care. In this case, the citizen signs an agreement for reinstatement at work after the minor turns 18 years old.
When we are talking about pensioners who decided to suddenly resume their working activities.
Upon dismissal of a military personnel. But this circumstance additionally requires a length of service of at least 20 years. If it is not there, then the fact of taking part in hostilities outside the Russian Federation will be taken into account.

Counting Rules

Many people are interested in what continuous experience is. How many days is it? To be honest, the exact date has not been set. It has already been said that it all depends on how long the citizen worked in a particular company. Of course, taking into account all the features studied earlier.

Therefore, there are no restrictions in this sense as such. Almost any unit of time measurement can be directly related to the calculation of continuous work experience. For example, days or months. The length of service calculator (a service that helps calculate the duration of a given period) involves calculation in days, months and years. This is worth considering. Hours, minutes, seconds are not taken into account.

Confirmation of work experience is made by the Pension Fund of Russia upon presentation of a work record book. It specifies all periods of work, as well as the reasons for dismissal with dates of employment and removal from official duties in a particular case. Additionally, you can bring with you a certificate from your place of work, which will confirm that you have been continuously employed by the organization for a certain period of time.

Many people use a special experience calculator to correctly calculate this component. This is not the most best move- The service has a lot of different parameters. And they will have to be exhibited in full. It is easier to independently bring the idea to life in terms of calculating how much a citizen has continuously worked. But this is also done automatically without any problems.

Is it so important

Why do you need continuous experience? Is he so important in Russia at the moment? Previously, as has already been said, this feature helped to receive a variety of bonuses, bonuses and allowances. Therefore, there was a real sense in striving for constant work.

Now the significance of such experience is being lost. Only in some companies employees are additionally rewarded for constantly working. For example, they give you bonuses or send you to sanatoriums. In medicine, for example, certain bonuses are awarded for continuous experience. Therefore, much depends on the citizen’s sphere of activity.

Unfortunately, now the direct duration of labor plays a much greater role than its continuity. The main thing is to make contributions to the Pension Fund. They are the ones who influence retirement. It is enough to confirm your work experience using statements of the individual entrepreneur’s activities (if any) and a work record book. Therefore, there is no real need to strive for continuous work experience. Perhaps as a personal achievement when building a career.

Having not yet acquired a Work Book, having not yet started working for themselves or an employer, the younger generation already knows well that it is important to take into account every paid day for which contributions were made to Pension Fund. Almost from birth, Russian citizens now receive SNILS. And they are determined to ensure a decent old age for themselves; length of service becomes an important component of this. IN current material let's figure out what it is continuous service after voluntary dismissal and why it is needed.

Experience is the periods of time, days, weeks and years that a person devoted to work. Employment contract, entry in the Book, all the necessary formalities must be strictly observed, because only this indicates that every penny of insurance contributions for a person must and was transferred to the Pension Fund of the Russian Federation, it “dripped” into the personal account of the future recipient.

In this way, a certain amount was accumulated, which at the “age of survival”, or simply put, retirement age, or after an illness, injury from which it is impossible to fully recover, a monthly provision is paid

The total duration of activity, both labor and socially useful, which is called seniority, has the most direct impact on the amount of temporary disability benefits and pension benefits.

What is the length of service?

General

The total length of service includes periods when a person worked, was insured by the Pension Fund of Russia, served, was individual entrepreneur. Federal Law “On pensions in the Russian Federation” in Art. 30 particularly highlights this type of length of service: it is used to determine the rights to a pension secured by the recipient. Days or years of labor, work for society are calculated literally according to the calendar. In addition, the total experience of some individual representatives includes creative time.

The following are recognized as separate periods and counted in the total length of service:

years of creativity for writers, artists, musicians, those who worked for trade unions that unite people of unusual professions;
soldiers and officers, when the time of military service is counted;
periods of illness when a person could not work for health reasons and doctors confirm this with their documents with signatures and seals;
the period when a person was recognized as a disabled person of groups I or II;
the time when a person received benefits as an unemployed person.

Insurance

The insurance period is a relatively new concept; it is what gives the right to a labor pension. In Art. 2 of the Federal Law “On Labor Pensions”, this length of service is defined as the periods during which insurance contributions to the Pension Fund were paid. They can be paid by the employer, but, in accordance with Art. 29 of the Federal Law “On Compulsory Pension Insurance” a person can make contributions independently.

Special

Special experience is important for representatives of certain professions whose activities take place in certain conditions. These can be people who are engaged in “harmful” production, underground work, on geological expeditions, and also teach children in schools, treat children, and perform on the theater stage.

Special length of service is a period during which, for certain reasons, payments were not made to the Pension Fund.

Otherwise, such length of service is called length of service, which is important for military personnel, employees of the Ministry of Internal Affairs, prosecutors and citizens equated to these categories.

Continuous

For people born in the USSR, such concepts as continuous and interrupted work experience were extremely important.

Continuous length of service is the period during which a person works at one enterprise, or changes jobs, but not by quitting, but by transferring to another place, or if the time from dismissal to subsequent employment was no more than 21 days.

Continuous work experience is calculated according to the Rules for calculating such work experience (LC Article 423).

Why is experience important?

Until 01.01. In 2007, almost all payments to mothers, sick, disabled people, and people who lost their jobs depended on such length of service. If you have worked for less than 5 years, do not expect benefits to be more than half your monthly salary. I interrupted my internship for an unexcused reason - the same thing. Only after 8 years of work in one place or by changing jobs not by dismissal, but by transfer to another place, you could provide yourself with a guaranteed 100% salary if you got sick, couldn’t work, or were caring for a small child.

Today, continuity of seniority has lost its former meaning, the concept itself is gradually becoming a thing of the past. Now the question of how long you can not work so that your work experience is not interrupted is no longer very relevant. Only in some organizations, where this is stipulated in the Charter, the duration of vacation, the amount of severance pay, bonuses, and other payments depend on the continuous period of work.

The duration of work allows you to correctly and accurately determine the size of your future pension, which depends on the amount in the personal account of a person insured by the Pension Fund.

All citizens receive a social pension upon reaching a certain age. For men today it is 60 years old, for women – 55. But this is also the age of those who have the right to count on insurance payments, a very substantial additional payment to the social pension, which depends on length of service. The minimum length of service for a pension must be at least 7 years by this age. In the near future, this period is planned to be increased to 15 years.

But length of service affects a number of other payments . For example, its value affects payments for temporary disability and benefits. The higher it is, the higher the payout.

Does continuous service affect the size of the pension?

To determine and calculate the amount of pensions, state social benefits, etc., continuity in length of service does not matter - the insurance period is taken as the basis, which, in turn, includes all periods of official labor activity, regardless of the presence or absence of gaps between employment .

What benefits does continuous service provide to employees?

Continuous work experience is the duration of a citizen’s work in one or more organizations if the period of unemployment in the intervals between employment did not exceed the established period.

To maintain continuous service, you need to know the following nuances:

if within one year the employee changes his place of work, then it is interrupted, even if all deadlines are met.
if a citizen is fired “under an article”, the period will be interrupted, even if the deadlines for placement with another employer are met;
if an employee was forced to interrupt her work activity due to maternity leave, this period is considered a valid reason for maintaining it.

Continuous service after voluntary dismissal allows employees to count on some benefits, unlike those for whom it was interrupted for a long time:

the opportunity to receive regular salary increases for continuous work in government budgetary institutions;
increasing the amount of social benefits;
receiving benefits, receiving bonuses and additional holidays, established by the employer for long service.

How many days does it take for an employee’s service to be interrupted after dismissal?

Active regulatory documents There are no provisions in Russian legislation that would provide for conditions for continuity of service for employees of organizations.

Previously, this point was regulated by the above-mentioned Rules, according to which, upon dismissal on one’s own initiative, the length of service was interrupted if the employee:

did not get a new job within 3 weeks from the date of termination of employment with the previous employer;
there were no compelling reasons for missing this deadline.

Conversely, continuity did not suffer in the following cases:

when an employee had to quit because his spouse was transferred to work in another area;
dismissal of an employee due to retirement.

Upon termination labor function pregnant women, mothers with children under 14 years of age, and in the case of a disabled child - up to 18 years of age, the length of service was not suspended until the child reaches the specified age.

What reasons were considered valid for missing the due date?

When establishing the validity of the reasons, one should be guided by Resolution of the USSR State Committee for Labor No. 198, All-Union Central Council of Trade Unions No. 12-21 “On approval of the explanation “On the procedure for applying clause 16 of the resolution of the CPSU Central Committee...” dated 07/09/1980 (not applied since 2002). This document provided for cases of compelling circumstances arising in case of repeated dismissal on the employee’s own initiative within 1 calendar year.

Thus, according to the document, the following were recognized as valid grounds:

transfer of an employee's husband or wife to work in another city, countryside or abroad;
the need for constant care for a disabled family member, confirmed by medical documents;
illness of a citizen that did not allow him to continue working, as well as caused by living in a certain area (according to the conclusion medical institution);
relocation as a result of conscription or recruitment of workers for socially important work;
enrollment in a university or other educational institution;
violation by the employer of the conditions stipulated by the collective or labor agreement;
dismissal of a disabled person, a pregnant woman, a pensioner, a mother raising children under 14 years of age, as well as a parent of 3 or more children under the age of 16 (students under 18).

In such cases, continuous service was maintained throughout the entire period of existence of the above reasons. After which you had to get a job within a specified 3-week period.

Thus, continuous service is a category that has lost its significance in the calculation and assignment of state pensions and benefits. Now the total duration of the employee’s work activity and the amount of insurance premiums paid for him are important. However, employees working in budgetary organizations or at departmental enterprises, it is necessary to know about the rules for calculating continuous service upon dismissal in order not to lose the privileges provided for by the legal framework of such institutions.

When is work experience interrupted after dismissal: how does interruption depend on the reason for dismissal?

The influence of the reasons for dismissal on the time period when a citizen actually remains unemployed, but the time is counted towards continuous work experience, is direct. IN classic case leaving work (by agreement of the parties, at one's own request, if there are reasons for dismissal), the law establishes a one-month period for finding a new job after dismissal. The same period is allotted to an employee who transfers, by agreement between employers, from one company to another.

A little more given former employees enterprises located in the regions Far North(two months), as well as those who lost their jobs not on their own initiative, in particular due to layoffs (three months).

You should look for a new job in advance (while you are still on staff at the old company).
To increase the search period, you can use vacation followed by dismissal.
If an employee is on leave without pay wages, his work experience is also not interrupted, but the amount of time to find a new job increases.
If you find a new job, it is advisable to resign by transfer (you are guaranteed to be accepted at the new place of work) or by agreement of the parties (this allows you to resign without working off).
If you have been laid off but have already found a new job, you should not wait until the warning expires. Based on your application, the employer may dismiss you by reducing the previously agreed period.
Women on maternity leave, even if the company is completely liquidated, retain their seniority until the baby turns three years old. But to do this, having received a document on the liquidation of the company and dismissal, they are required to register with the Employment Center.

Remember, in order not to interrupt your work and insurance experience during the period of changing jobs, it is advisable to use all available opportunities in the process of preliminary searching for a suitable company for the transition.

Watch this video about continuous experience:

How to count

Considering that for many civil servants, continuity of service directly affects the level of length of service, as well as the income calculated for this, it is very important to maintain it. It is necessary to understand how it is calculated.

Typically, the basis for calculating continuity is the following documents:

employment history;
payroll records;
military ID;
certified copies of dismissal orders;
certificates confirming the period labor relations.

The fundamental document used for calculation is the work book. Here all records of dismissal and subsequent employment are taken as a basis.

Remember, continuity of service is calculated not from the date of filling out the work book, but from the date of termination (start) of working cooperation indicated in the dismissal order. Therefore, it is very important that this time interval does not exceed the gap allowed by law for a specific category of workers (employees).

When a citizen uses the right to use an increasing coefficient in the process of calculating length of service, this norm applies exclusively to the period of work (service) under conditions that give the right to such a privilege. It ends simultaneously with dismissal.

Further calculations are made according to general rules. If until the moment of new employment the period allocated by law for new labor cooperation is not exceeded, the previous work experience will remain uninterrupted.

Calculation of the period between dismissal and new employment for civil service for military personnel is carried out using a military ID (further according to a work book). The basis for the calculation is the dates of termination of service and enrollment in the reserve indicated in the dismissal orders.

In the process of calculating work experience, time intervals calculated in years, months and calendar days. Hours and minutes are not taken into account when calculating.

Do you need experience, watch this video:

Experience is the periods of time, days, weeks and years that a person devoted to work. An employment contract, an entry in the Book, all the necessary formalities must be strictly observed, because only this indicates that every penny of insurance contributions for a person must be transferred to the Pension Fund of the Russian Federation; it “drips” into the personal account of the future recipient.

The total duration of activity, both labor and socially useful, which is called seniority, has the most direct impact on the amount of temporary disability benefits and pension benefits.

What happens?

General

The total length of service includes periods when a person worked, was insured by the Pension Fund of Russia, served, or was an individual entrepreneur. Federal Law “On pensions in the Russian Federation” in Art. 30 particularly highlights this type of length of service: it is used to determine the rights to a pension secured by the recipient. Days or years of labor, work for society are calculated literally according to the calendar. In addition, the total experience of some individual representatives includes creative time.

The following are recognized as separate periods and counted in the total length of service:

years of creativity for writers, artists, musicians, those who worked for trade unions that unite people of unusual professions;
soldiers and officers, when the time of military service is counted;
periods of illness when a person could not work for health reasons and doctors confirm this with their documents with signatures and seals;
the period when a person was recognized as a disabled person of groups I or II;
the time when a person received benefits as an unemployed person.

Insurance

The insurance period is a relatively new concept; it is what gives the right to a labor pension. In Article 2 of the Federal Law “On Labor Pensions,” this length of service is defined as the periods during which insurance contributions to the Pension Fund were paid. They can be paid by the employer, but, in accordance with Article 29 of the Federal Law “On Compulsory Pension Insurance,” a person can make contributions independently.

Special

Special length of service is a period during which, for certain reasons, payments were not made to the Pension Fund. Otherwise, such length of service is called length of service, which is important for military personnel, employees of the Ministry of Internal Affairs, prosecutors and citizens equated to these categories.

Continuous

For people born in the USSR, such concepts as continuous and interrupted work experience were extremely important.

Continuous experience is the period during which a person works at one enterprise, or changes jobs, but not by quitting, but by transferring to another place, or if the time from dismissal to subsequent employment was no more than 21 days. Continuous work experience is calculated according to the Rules for calculating such work experience(TC Art. 423).

Why is it important?

Today, continuity of seniority has lost its former meaning, the concept itself is gradually becoming a thing of the past. Now the question of how long you can not work so that your work experience is not interrupted is no longer very relevant. Only in some organizations, where this is stipulated in the Charter, the duration of vacation, the amount of severance pay, bonuses, and other payments depend on the continuous period of work.

Why is it needed?

The duration of work allows you to correctly and accurately determine the size of your future pension, which depends on the amount in the personal account of a person insured by the Pension Fund.

All citizens receive a social pension upon reaching a certain age. For men today it is 60 years old, for women – 55.

But this is also the age of those who have the right to count on insurance payments, a very substantial supplement to the social pension, which depends on length of service. The minimum length of service for a pension must be at least 7 years by this age. In the near future, this period is planned to be increased to 15 years.

But length of service affects a number of other payments. For example, its value affects payments for temporary disability and benefits. The higher it is, the higher the payout.

Duration of work and leaving work

In a number of organizations, continuous experience in accordance with the Charter plays an important role. Will it be interrupted upon dismissal, what affects this, how many days will it take?

Long service break

a person is fired by an employer for gross violations, absenteeism, rudeness, for failing to cope with responsibilities and disrupting everyone’s work schedule;
stole something or caused serious damage to the company;
if a month after dismissal the person has not found another job;
having resigned voluntarily, did not find a job within 21 days;
when leaving to get a job at an enterprise located in another area, the break in activity lasted more than 1 month, or a job was not found when moving due to the transfer of the spouse to work in another city, region, etc.

the person resigned of his own free will for good reasons, as well as due to the liquidation of the enterprise or staff reduction;
the break is caused by moving to a new place of work or service;
upon dismissal or suspension from work illegally, due to an erroneous medical report, if the person was then reinstated at work;
the length of service was interrupted due to accusations of a crime, stay in prison, if the employee was subsequently acquitted and reinstated in his position.

Lawyers often advise that in order to increase the number of days when you can not work, but the length of service will remain uninterrupted, you should not just quit, but take a vacation with subsequent dismissal.

How many days are considered continuous when calculating at your own request?

So, after how long can the length of service between dismissal and placement in a new place be interrupted, what period is considered continuous? With such a dismissal, when a person himself submits an application without any reason, he needs to find a new job within 21 days; on the 22nd day the continuity comes to an end. But the period may be increased in this case as well.

For example, a woman quits because her husband is transferred to work or serve in another area, this is especially common for wives of military personnel and law enforcement officers.

IN Soviet times it was very important to know after how long the work experience was interrupted. After all, then a lot depended on continuous service, and no matter how many years in a row you worked in production, if your work experience was interrupted even for a day, then you had to start saving for your 8 years to receive 100% of payments all over again.

Therefore, for such cases, when one of the spouses protects law and order, “relaxations” were provided when the length of service was not interrupted, by increasing the period of employment by another 1 week, that is, up to 30 days. You could look for a job for the same amount of time if you had to change your job due to health conditions.

If staff were reduced or if the enterprise was liquidated, the period became even longer - 3 months.

For mothers of children under 14 years of age, the length of service upon dismissal due to layoffs and child care remains for years until the son or daughter reaches the specified age; for mothers of sick, disabled, children - until the child reaches adulthood.

Conclusion

The amount of work experience has a very important for those who count on receiving not only a social, but also an insurance pension.

Taking into account how quickly Pension Legislation is changing, it is important not only to follow innovations, but also to remember that even such a concept as continuous service can have an impact on various preferences in certain institutions where the Charter stipulates benefits and incentives for employees , remaining loyal to the company. So knowing after what time it is interrupted can sometimes be useful.