What does interrupted work experience have? Continuous work experience

Save continuous experience after dismissal at will many employees want. But not everyone can do this, since searching for new vacancies often takes a lot of time. What is the importance of continuous experience and is it worth maintaining?

What is this

There are several types of experience:

1. Insurance. It is necessary for calculating pension payments.
2. Special. On its basis, the employee can be paid various bonuses.
3. Continuous. The time when the person did not work is taken into account.

Continuous experience is a certain number of periods during which the employee carried out his labor activity without long breaks. If a person did not work for a serious reason, this time can be included in continuous service. These reasons are considered:

• service of a person under contract;
• performing the duties of a deputy;
• carrying out certain activities in the trade union;
• work on a collective farm;
• maternity leave;
• maternity leave.

Continuity of service upon dismissal does not affect the calculation or size of pension payments, as was the case in the USSR. Currently, when calculating pensions, only the insurance period is used, so the intervals between work activities are not taken into account. A person may not work for several years, and when calculating pension payments, insurance premiums for the entire period of working capacity will be taken into account. What then is the importance of continuous service?

The length of this period primarily affects various incentives from employers. These include longer vacations, bonuses and increased compensation payments. Such incentive measures at enterprises are established by creating appropriate internal regulatory documents. This is why length of service upon voluntary dismissal is so important for most employees.

Interrupt

Those workers who have ever quit in their lives worry how many days after that their employment will be interrupted. If a subordinate left work on his own initiative and does not have serious reasons for this, then he has very little time for a new job.

Legislative acts do not specify specific conditions for interruption of service. After quitting, not everyone knows how long they can stay away from work so that their work experience is not interrupted. It is believed that the time during which a person can not work and still maintain his seniority largely depends on the reason for leaving. Deadline when not interrupted seniority, such:

• 3 weeks of continuous service after dismissal at will;
• 30 days if the person leaves the job for serious reasons;
• 3 months – after the bankruptcy of the company or reduction in the number of subordinates.

Read also The procedure for sending a letter of resignation by mail to the employer

2 months to find a job are given:

1. Citizens working in the Far North.
2. Persons who have retired from Russian companies located abroad.

When a person quits on his own, he is given time to look for a new job. That is why the period of preservation of the working period in this case is so short. This is 3 weeks, that is, 21 days, and the calculation of this period begins the next day after leaving work. And the break ends with the day of official employment, when an entry is made in the Labor Code. If a person has serious reason for dismissal, another 1 week is added.

The following are considered valid reasons for dismissal at the initiative of an employee:

• moving to another locality;
• caring for a sick relative (medical documents will be required);
• deterioration of a person’s health, which does not allow him to work in a given company, in a locality, etc.
• relocation of an employee in connection with the performance of socially important work;
• admission to the University;
• failure by the employer to comply with the terms of the employment agreement.

Help: if a person quits his job several times during the year for good reasons, his tenure may be interrupted. Therefore, it is not recommended to constantly abuse the right.

The length of service may also be interrupted when an employee is transferred to another company. The new employer has only 1 month to register an employee. Probation it is not used. In addition, the new employer does not have the right to refuse a person transferred from another company.

Long terms

Some categories of employees are entitled to longer periods of service. First of all, these are persons in government or military service:

• 1 year for military personnel;
• 6 months – State Duma deputies and Government employees.

For length of service, military personnel are provided for maintaining continuous length of service without time restrictions. But for this you need to serve at least 25 years. Also installed certain rules for other categories of citizens. If an employee with small children quits due to the liquidation of the company, then her service will not be interrupted until the children turn 14 years old. When it comes to a disabled child, it lasts until he reaches adulthood.

• a subordinate was fired due to staff reduction;
• upon dismissal of one's own free will, if the person did not have problems with the employer;
• the period of departure from work of a pensioner, taking into account his return to work.

The tenure may be interrupted if the employee does not find a new place in time, or it may continue for a certain period of time, but not burn out. It cannot be canceled and upon further hiring it will be equal to the number of days indicated in the work book.

Is there a continuous period of service between the end of a previous job and the start of a new one?

Insurance

The insurance period is a set of periods of time during which insurance premiums were paid to the corresponding fund.

Unlike labor accrual of the insurance period cannot be interrupted and does not depend on the reasons for the employee’s dismissal, since when calculating it, the periods of work for which contributions were paid are summed up.

Labor

Work experience is calculated based on the amount of time spent in working and social activities, starting from the moment of reaching working age. The main document confirming its duration is the work book.

If the employee within a month, or, if available, special conditions, in accordance with the period specified in the legislation, finds a new place of work, then the accrual is not interrupted. Otherwise, when interrupted, length of service will be calculated by summing working days on previous work and on the new one.

To calculate continuous work experience, it is necessary to take from the work book the dates of termination of the old one and the conclusion of the new one. employment contract, and count the days (every 30 days are counted as a month, and 12 months as a year) that lie between these dates, provided that there are no violations affecting the discontinuity.

After how many days is a break in employment considered and when does it begin to be calculated?

After dismissal from his current place of work, the employee has no more than 1 month to conclude an agreement with a new employer, in which case continuity of service upon dismissal is maintained.

It should be noted that for residents of the Far North, the employment period for a citizen increases from 1 month to 2.

But there are life circumstances that can change the terms for continuous service, such circumstances include:

There are also circumstances that allow an employee to be without work for an indefinite amount of time:

• Availability of length of service for military personnel (25 years).
• Company bankruptcy or layoff due to unforeseen circumstances.
• Dismissal in populated areas with high unemployment rates.
• Transfer of military personnel to another city.
• Wrongful dismissal due to errors by medical personnel.
• Carrying out public works.
• Being in prison.

In the Labor Code of the Russian Federation there are such concepts as general and continuous work experience. Many Russians tend to think that this is very important. Others do not attach any importance to it. But is this really so? What are the conditions for its preservation? How to calculate this indicator? What does continuity of experience affect?

Experience: definition

Work experience is the period of time during which a citizen works or carries out various kinds activity. This concept refers to cases of official employment or management entrepreneurial activity. This indicator is directly related to the calculation of pensions, is required to receive various compensations and guarantees provided by the Government, and is calculated in the manner established by law. The work book is a document confirming the existence of work experience.

Work experience is divided into several types:

• General, including all years of work of a citizen.
• Special, intended for persons occupying certain positions.
• Continuous.

The concept of “continuous work experience”

This term is now used relatively rarely. The fact is that it arose back in the Soviet era, when it was necessary to receive a pension, sick leave payments, and in general played a significant role in the life of a citizen, specifically continuous service. The Labor Code defines this concept. Continuous service is the duration of work for the same employer.

Why is the internship interrupted?

IN modern world Not every citizen can work at one enterprise, so continuous work experience is interrupted. Under various circumstances, employees of organizations often stop working. In this regard, in labor legislation There are several factors that influence continuity of service:

• Dismissal (continuous work experience is interrupted when changing the type of activity, when the period between termination of the contract and placement in a new place of work was more than three weeks).
• Absence from work due to illness (cases that do not comply with the objectives of the Constitution of the Russian Federation and social insurance).
• Informal employment (when a citizen starts working in private organizations).

All changes associated with a change in the type of activity of citizens must be recorded in the work book. The relatively frequent interruption of service is not in the best possible way affects the amount of pension benefits.

Dismissal at the initiative of the employee

Dismissal initiated by the employee himself is one of the most common reasons for termination. labor relations. This raises the question: is continuous work experience maintained upon dismissal?

Continuity of service can be maintained. Moreover, all citizens without exception have this opportunity. However, it is often quite difficult to use. According to the Labor Code, continuous work experience is maintained if, after dismissal on one’s own initiative (in the absence of other compelling reasons for this), no more than three weeks pass before starting work at a new enterprise. If there are compelling reasons why a citizen was forced to resign, this period is extended to thirty days. For example, such reasons could be moving to another area or a spouse.

In practice, there are quite often cases when citizens first find a new enterprise, and only after that they terminate their employment relationship with their previous employer. In this regard, the length of service remains continuous. But dismissal is sometimes forced measure.

Dismissal under article

Such cases are relatively rare, but do occur in practice. Is continuous service maintained in this case? The Labor Code states that upon dismissal due to any specific violation, continuity of service is lost. A completely logical solution for employers in situations where employees of organizations violate work schedule, is dismissal. Workers in in this case can only adjust their actions in a timely manner in order to avoid termination of the employment relationship under the article.

Liquidation of the enterprise

Russian labor legislation deals with cases of continuation of seniority and in situations where there are very rarely cases where liquidation is associated with bankruptcy. Citizens can count on maintaining continuous service. However, the law provides for some conditions and restrictions.

Typically, citizens are given 3 months to find a new employer. Continuous work experience is maintained if the dismissed employee during this period found new job. Otherwise, the period of service is interrupted, and this period cannot be extended.

Motherhood

Continuous work experience is maintained if a woman goes on maternity leave. But is continuity maintained if the expectant mother goes on maternity leave? There are two completely opposite opinions on this matter.

Russian labor legislation does not contain information regarding maternity leave and continuous service. In essence, the length of service is maintained, since the woman remains employed, the nature of the work performed changes. On maternity leave, a woman only does family matters, but not execution labor responsibilities. However, lawyers tend to believe that the length of service in this situation is not interrupted.

Health

If a citizen for health reasons cannot perform certain types works, is continuous work experience maintained? The Labor Code of the Russian Federation contains an article on this matter that takes into account special condition citizen's health. If an employee suffers from serious illnesses that simply do not allow him to perform certain types of activities, he can count on maintaining continuous service. How?

When leaving your previous job, you are given a period of three months to find a new employer. Also during this period, the citizen has every right to return to his previous employer. At the same time, the experience is preserved. However, in practice, such cases are extremely rare, since returning to perform previous work duties will take the employee even more time (due to health reasons). In most cases, workers refuse further employment altogether.

Other Important Features

Russians who live and work in Far North or in similar natural conditions, have certain privileges when taking into account work experience. This also applies to foreign citizens who work under contract in harsh climatic conditions, if an agreement on social support has been concluded with their country. These categories of workers have every right to maintain continuous work experience, as in the situations mentioned above. The maximum time allotted for searching for a new job is two months. This period is relatively short, but, as practice shows, in many cases it is quite sufficient.

Continuous work experience is maintained if the citizen is a military personnel. So, for example, if a citizen served for 25 years and then retired, he can get a new job while maintaining his seniority. The state provides this privilege in full.

Also takes into account family circumstances. If a citizen is caring for an HIV-infected minor child, and for this reason is forced to leave workplace, continuity of service is also maintained. When a child reaches adulthood, the citizen is obliged to begin working again.

Another case in which a citizen can count on continuity of service is a change of place of work while maintaining the same type of activity and profession.

How is continuous work experience calculated?

The dates of conclusion and termination of employment contracts should be taken from the work book. There are various programs that can automatically calculate seniority. You can also contact the company’s accounting department for help. The counting starts from the very first entry. Thus, it is possible to calculate the total length of service, which includes all jobs and positions held. Continuity is affected by the above cases. Even one such violation interrupts the period of service. The result of the calculation is a number in the form of the number of years and calendar months.

The work book never contains data on continuous experience. The fact is that this term does not actually exist in Labor Code. Therefore, now no one distinguishes between continuous and total work experience.

Why is it needed?

So, we figured out how to calculate continuous work experience. In the end, the question arises: “What does it mean now, since this term was relevant in the Soviet era?” As practice shows, this factor has practically no significance.

For Russians, the total length of service is much more important, since it affects the size of the future pension. The main thing is that the employment must be official. The total length of service is also accrued to citizens conducting entrepreneurial activities.

Continuous experience is a kind of relic of the past. But sometimes employers pay attention to him. A potential employer, after a detailed study of your work record, may ask why you left your previous organization. However, this factor affects the amount of disability benefits.

Some Russians are inclined to believe that in the near future, continuous service will again have great value and will affect the size of the pension, will make it possible to receive various subsidies and social benefits. In reality this is far from the case, since this information not officially confirmed.

When seniority is retained: results

So, we have figured out how to calculate continuous work experience. As mentioned above, the amount of benefits paid in connection with a citizen’s incapacity for work depends directly on the continuity of service. At the request of the employee, continuity can be maintained in the following cases:

• An employee, on his own initiative, is re-employed after reaching retirement age.
• A disabled citizen is paid unemployment benefits (to prevent interruption of work experience, it is necessary to get on the waiting list at the employment service).
• No more than three weeks have passed since the termination of the employment relationship with the previous employer (it is best to find a new organization in advance).

Within two months after termination of the contract at the previous place of work, length of service can be maintained in situations where:

• The employee is re-employed on his own initiative (the dismissal was a forced measure, for example, when moving).
• The citizen has reached retirement age and is working again.
• The citizen resigned from an organization located abroad or in the Far North.

Within three months after dismissal, seniority can be maintained in the following situations:

• The employment relationship with the employee was terminated due to staff reduction or liquidation of the organization.
• The reason for dismissal is a discrepancy between the position held or the work obligations being fulfilled.

Often employers refuse to maintain continuity of seniority. In this case, the employee has the right to challenge this decision judicially.

The legislative framework

From the mid-70s until 2006, in the Soviet Union, and then in Russia, there was a law according to which work experience was calculated. According to this law, continuity of service was maintained if the employee was re-employed within a month in a new job. In 2007, the law was changed and the period was reduced to three weeks. Also in 2007, the amount of temporary unemployment benefits changed. Currently the allowance is:

• 100% of earnings if the experience is over eight years;
• 80% of earnings if the experience is from five to eight years;
• 60% of earnings if the experience is less than five years.

So, we found out why continuous work experience is needed. The total length of service is important for retirement. The amount of compensation payments for unemployment and in connection with loss of ability to work depends on this indicator. It is relatively difficult to calculate, but it is possible, since there are automated programs for this. Maintaining this type of experience is not as important as practice shows. In modern Russian labor legislation, the importance of this factor is reduced to a minimum. It was much more important during the years of Soviet power. In addition, the pension system is undergoing various changes in Lately. The size of the pension will be affected by the so-called accrued points. Analysts predict that continuity of seniority will likely not be important in the future.

For a long time continuous work experience played vital role when assigning pensions and paying sick leave. Loss of a job and failure to meet a deadline for subsequent employment threatened with loss of the right to increased benefits and other benefits. In this article, we will look at what this concept means, what role it plays today, and whether continuity of service affects pensions and benefits.

What is continuous experience

In order for the length of service to be considered continuous, it must meet the following conditions:

• the employee continuously works at one enterprise;
• or the break between work at different enterprises does not exceed the period established for a specific situation (as a general rule - one month).

This procedure was first established by the Rules, approved. Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252, which are currently not in force. The Constitutional Court of the Russian Federation, in Ruling No. 16-O dated March 2, 2006, indicated that establishing the dependence of temporary disability benefits on the amount of continuous service is considered a violation constitutional rights citizens.

Therefore, from January 1, 2007, with the adoption of Law No. 255-FZ of December 29, 2006, the amount of benefits began to depend on the insurance period, which consists of periods of work with the payment of insurance contributions by the employer and other periods provided for by the Law. The concept of continuity does not apply to the insurance period.

Sick leave pay is determined as a percentage of average earnings in the amount of:

• 60 - if the employee’s insurance period is up to 5 years;
• 80 - with experience from 5 to 8 years;
• 100 - with more than 8 years of experience.

However, Part 2 of Art. 17 of the above Law gives the right to an employee whose continuous work experience accumulated before the entry into force of the new law exceeds the insurance period, to demand the accrual of benefits on the basis of the first. Its value in this case will be taken as the insurance period.

The size of the pension currently, according to general rules, also does not depend on the length of continuous work of the pensioner.

What does continuous work experience affect today?

This concept was not completely excluded from the legislation. In some cases, depending on this value, the following are determined:

• length of service;
• salary supplement;
• official salary, etc.

So, for example, Order of the Federal Customs Service of Russia dated November 13, 2008 N 1412 established a salary bonus for employees of healthcare institutions and health centers managed by this service, which is assigned depending on the duration of their continuous work in these organizations.

The procedure for maintaining continuity of service, as well as which periods do not interrupt the flow of this period, is determined by industry regulations regulations.

Thus, the Law of May 27, 1998 N 76-FZ allows you to count the time military service into continuous work experience as follows:

• one day of service = one day of work, if the citizen performs military service on the basis of a contract;
• one day of service = two days of work, if conscripted.

However, this procedure applies provided that between the day of completion of military service (dismissal) and the day of the start of work or admission to educational institution less than a year has passed.

At the same time, for military veterans and citizens whose military service experience is more than 25 years, these periods are counted as continuous service, regardless of how long the above break was.

Continuity of experience is confirmed work book, archival certificates and other documents containing information about the citizen’s work activity.

The term continuous work experience has been entrenched in the minds of most Russians since the existence of the USSR. Today this concept has lost its significance.

However, continuous work experience continues to be used in some industries for the purposes of:

• establishing a longer vacation (Article 335 of the Labor Code of the Russian Federation);
• calculation of a bonus (regional coefficient) to wages;
• when calculating temporary disability benefits.

In this article you will learn about the features of continuous work experience and its direct impact on the size of your pension.

What is continuous work experience?

An employee’s continuous work experience is the period during which he was in the status of unemployed for a number of days not exceeding the duration established by law. At the moment, a citizen of the Russian Federation has the right to remain unemployed from 1 to 3 months (it all depends on the circumstances) while maintaining continuous work experience.

The concept of “work experience” is collective for three types of work experience. Social security law distinguishes the following types of work experience:

• insurance (general insurance, special insurance) length of service;
• labor (general labor, special labor, it is also called length of service) length of service;
• continuous work experience.

Each of these types of work experience has different legal consequences. The difference between continuous work experience and special and general work experience lies in its content. The components of continuous service include only work activity. An exception to this rule is the inclusion in the continuous length of service of the period of compulsory military service, as well as leave to care for a child under 3 years of age.

At the legislative level, the procedure for calculating total length of service is regulated by the Decree of the USSR Government, signed on April 13, 1973.

When entering a job after termination of an employment contract, continuous work experience is not maintained due to the commission of guilty actions, for which, according to existing legislation, dismissal from work is provided.

Such actions are considered repeated failure to fulfill job duties without good reasons and a single gross violation of labor duties by the employee.

Conditions for maintaining continuous work experience

The flow of continuous work experience is maintained when a person moves from one job to another. The fundamental condition is that this period should last no longer than 1 month.

IN special cases continuous experience is maintained even during longer breaks in work, which can last from 2 months to 1 year. What matters are the reasons for dismissal and the period during which the employee must begin his duties after terminating the employment contract with the previous employer.

Sometimes continuous service is maintained no matter how long the break from work lasts. This rule applies to people who quit due to the transfer of a spouse to another locality, for working pensioners, for parents of minor children with HIV, under a number of conditions - for military personnel and veterans.

The time during which a person receives unemployment benefits is not included in the continuous work experience, although it does not interrupt it.

The video talks about confirmation of work experience

Where continuous work experience is important

Continuous length of service now plays a role when employees in certain areas receive special allowances and benefits. An example would be workers medical institutions in the northern regions of the Russian Federation. They receive the bonus only if they have the required continuous work experience. In such cases, employees of institutions involved in rescue operations may be eligible for benefits.

Depending on the length of continuous work experience in one organization, an employee has the right to various benefits if they are approved by a collective agreement.

Does continuous service affect the size of the pension?

Previously, continuous work experience directly influenced the size of the future pension. It was awarded according to the “principle of solidarity.” If a person had continuous work experience, he received pension supplements, otherwise he lost them.

Interesting information

To qualify for an old-age pension, the length of work experience for men is 25 years, for women - 20 years. The list of periods of labor and other socially useful activities included in the total length of service is set out in paragraph 3 of Art. 30 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in Russian Federation» .

The situation changed in 2002, when pension reform was implemented. Now the number of years worked and the amount of salary are taken into account when calculating pensions only for those who were born before 1963 and stopped working before the 2002 reform. For everyone else, the pension is calculated on a funded basis. Continuity of work experience is not important in this case.

What affects retirement now?

From January 1, 2002, the size of the future pension depends only on the insurance contributions that the employer pays to the Pension Fund for his employee. All amounts are accumulated in the person’s individual personal account. Their size is determined by the level wages employee. For this reason, some employers resort to paying “gray” salaries.

Such contributions are paid to the Pension Fund only if an employment contract is concluded. This length of service is an insurance period - it is this that affects the size of the future pension. Important condition: to assign a pension, a person must have at least 5 years of insurance experience, that is, for at least 5 years, employers must pay contributions to the Pension Fund for him.

There are two ways to increase the size of your future pension. The first option is to make additional contributions to the funded part, the second is to take part in the state program for co-financing a future pension.

About the features of registration of work experience, watch the video

In what cases and who needs continuous work experience?

Let's figure out what influences continuous work experience after the pension reform. Now it is necessary for employees of some institutions to receive a salary supplement. Among them:

1. Civilian medical personnel of federal state security agencies (Order Federal service protection of the Russian Federation dated December 11, 2008 N 711);
2. Employees of some healthcare institutions (Order of the Ministry of Health and Social Development of the Russian Federation dated August 28, 2008 N 463n).

Since 2007, continuous work experience is not taken into account when calculating temporary disability benefits. According to Federal law dated December 29, 2006 N 255-FZ, when calculating the amount of such payments, the insurance period now matters. There is one exception to general rule. It applies to the following situation:
the duration of the insurance period calculated before January 1, 2007 in accordance with Law N 255-FZ turned out to be less than the duration of the continuous work experience calculated according to the old Rules. In this case, instead of the duration of the insurance period, the duration of continuous work experience will be taken into account.

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