During what period of time the period of service is not interrupted? Is it worth holding on to continuous service after voluntarily leaving?

Due to the fact that many amendments have been made to labor regulations in recent years, definitions such as length of service have also undergone changes. Let us examine in more detail what is meant by continuous work experience.

The concept of continuous work experience

What length of service is called continuous?

Continuous work experience is the labor or other socially useful activity of a citizen at one enterprise.

The time of continuous activity of a worker is taken into account only when it is necessary to determine the amount of payments for temporary disability.

When such benefits are calculated, the period of continuous activity is determined to be a person's work in a particular organization.

In some situations, it is possible to accrue during this period and during the time of previous work or other socially useful activities.

Regulatory framework for going concern

According to the Labor Code of the Russian Federation, continuous activities include:

• labor period as a worker or employee;
• forced absences due to wrongful dismissal(when reinstatement followed);
• work or paid internship while studying at a university or special institution;
• service in the Armed Forces of the Russian Federation;
• taking advanced courses qualifications.

In a situation of changing one job to another due to relocation It is allowed to extend the break in work for the time required for moving.

In a situation where a citizen has temporarily lost ability to work for a specified period of time, the permissible period is extended by the number of days for which the person was incapacitated.

The period of continuity of service for an employee when moving to another place is no more than 30 days. The break will be extended in situations specified by law.

The length of service remains uninterrupted regardless of how long the gap between the previous and new jobs lasted, if this was due to the fact that the spouse was transferred to work in another area.

Seniority cannot be retained when applying for a job if the previous employee was dismissed under such articles:

• systematically failed to fulfill his official duties without serious reasons and received disciplinary sanctions;
• the citizen violated his labor duties once(absenteeism, presence of alcohol, drugs or other types of intoxication at the workplace, violation of a non-disclosure agreement, theft and embezzlement);
• the employee violated labor protection requirements that caused serious consequences or a real threat of their occurrence.

In what cases is work experience considered continuous?

The length of service remains continuous - the break in work is no more than 3 months for the following cases:

• citizens dismissed from organizations when they are closed or employees are laid off;
• after the period of temporary incapacity for work has ended due to which the person was fired from his previous place of work or in the event of termination of work at his previous place due to disability;

In such situations, a period of 3 months is calculated from the moment when the ability to work was restored.

• when a citizen was dismissed as unsuitable for his position positions;
• if a teacher teaching in primary school relieved of his duties due to the transfer of 4 classes to a form of systematic teaching or in a situation of temporary reduction of students;
• when an employment contract with a pregnant woman or mother is terminated who has children under 14 years of age or children with disabilities under 16 years of age.

Until the child reaches this age, the length of service when applying for a new job remains uninterrupted.

Regardless of the duration of the break, the length of service will be continuous under the following circumstances:

• after an employee leaves due to retirement or upon dismissal of pensioners due to age and other circumstances.

This will also apply to persons who receive a pension due to other circumstances (for example, length of service) in the case where they are entitled to receive a pension upon reaching retirement age.

• when an employee was fired voluntarily for a serious reason or in the absence of one in cases of termination of the company's work or reduction of staff;
• due to transfer to another region and forced relocation(applies to military personnel and State Duma deputies, as well as members of their families);
• upon dismissal of persons living in the area where there is no opportunity to find another job;
• when a citizen was fired due to an unfair accusation or was suspended from work due to an erroneous conclusion of a medical commission and was subsequently reinstated;
• if the break from work was associated with participation in public works on a paid basis;
• in a situation where a citizen was taken into custody and was subsequently acquitted and reinstated to his former position.

If a person has difficulties with one of the listed events, then the legislation provides time to resolve these issues without interrupting his work experience.

How many days is considered continuous service?

The length of service is maintained as continuous for the duration between dismissal and starting a new job. no more than 1 month.

Exceptions to this rule are:

• transfer of one of the spouses to work to another area;
• care upon achievement retirement age.

The internship may remain uninterrupted with a gap of less than 2 months in the following situations:

• upon dismissal before the end of the contract a citizen who worked in the Far North;
• upon dismissal of a person, operating abroad.

How to maintain continuous work experience with a three-month interval in work?

You can leave your work experience uninterrupted in situations established by law.

The period of service is continuous when:

• a citizen is studying in higher or secondary educational institutions, graduate school or residency.

Condition - the duration of the break between dismissal and admission to an educational institution does not exceed the time established by law.

• when a citizen is a family member of an employee sent outside the state to work in various structures if the period of time from return to entry to work does not exceed 60 days;
• for seasonal workers who have worked for one season who have entered into a contract to work for the next season and have begun performing their duties within the agreed period;

Applies to industries where seasonal work time is allowed to be summed up.

• treatment time in dispensaries in the situation when the duration of the break between the end of treatment and registration for a position is no more than 30 days;
• serving correctional labor at the place of work(only provided that the citizen was not deprived of liberty).

How to calculate continuous experience in 1C?

The duration of uninterrupted work can be calculated using the 1C program “Salaries and Personnel” or independently.

To calculate using the program, data on hiring, dismissal and new employment are entered into the required columns. Then click the “calculate” button.

You can make a calculation on one's own.

The calculation principle is as follows:

1. To make calculations using a calculator, The dates of employment are subtracted from the date of each dismissal. If the interval between dismissal and new employment is no more than 3 weeks, the results obtained should be summarized. Breaks exceeding 3 weeks are not taken into account.
2. If a citizen quits within one year 2 or more times, then this year does not apply to uninterrupted service.
3. The employee has the right to increase the break to 1 month who was forced to leave his previous workplace for serious reasons (subject to documentary confirmation of this fact).
4. For citizens who worked in the Far North or similar territories, the break is 2 months after dismissal, and that period remains continuous.
5. Duration of a break in work for those who are laid off due to liquidation or reorganization enterprises is 3 months. The same applies to people who quit due to health reasons or disability. This length of service will also be considered uninterrupted.
6. Activities for women will be considered uninterrupted, who were forced to interrupt work due to the need to care for a child with a disability who has not reached the age of 16 years or for those mothers whose children have not reached the age of 14 years.

Documents for calculating continuous work experience

The length of service is calculated according to the information specified in a number of documents that confirm the fact of a person’s work activity and are drawn up in compliance with all requirements.

The citizen is required to present:

• original labor books;
• military ID(if available);
• original contract about hiring;
• certificate from the organization where the work activity was carried out;
• payment statements labor;
• in some situations it will be required references from archives.

The period of continuous work is calculated, taking into account both the main position and part-time work.

Calculations are carried out in accordance with calendar days.

If a woman with young children worked part-time for family reasons, this period of time is also counted as length of service.

In controversial situations, when it is not possible to understand whether omissions were valid reasons for interrupting work, you can obtain clarification from the relevant authorities.

What are the risks and effects of interruption of work experience?

How long after dismissal do you need to get another job so that your overall work experience is not interrupted?

When is employment interrupted after dismissal?

Previously, this was necessary to calculate temporary disability benefits (sick leave). Now, to calculate sick leave, the insurance period (i.e., total work experience) is taken into account. Well, if this is so important to you, then upon dismissal on your own. If desired, the length of service would not be interrupted when applying for a job within 3 weeks.

Continuous work experience upon dismissal

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 types of activities. This concept applies to cases of official employment or business activities. 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 the 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, labor legislation identifies 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 does not have the best effect on 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 of employment. 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 the 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 a necessary 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 labor regulations is dismissal. In this case, workers 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 finds a new job during this period. 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 deals only with family matters, but not with work duties. However, lawyers tend to believe that the length of service in this situation is not interrupted.

Health

If a citizen cannot perform certain types of work due to health reasons, is continuous work experience maintained? The Labor Code of the Russian Federation contains an article in this regard, which takes into account the special state of health of the citizen. 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 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 the Far North or in similar natural conditions have certain privileges when taking into account their 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.

Family circumstances are also taken into account. If a citizen is caring for an HIV-infected minor child and for this reason is forced to leave the 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 actually does not exist in the 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 be of great importance and will affect the size of the pension and will make it possible to receive various subsidies and social benefits. In reality, this is far from true, since this information is 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 in court.

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 it, 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 has been undergoing various changes recently. 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 every person, work experience is an important component. It affects many indicators. Therefore, it is worth taking a closer look at what seniority is and how does it affect a person’s life?

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What is work experience?

Under the concept " seniority» refers to the duration of a person’s working activity. This indicator is the main one for obtaining the right to pensions and disability benefits. A work record book serves as confirmation of an employee’s length of service. There are cases when the holder of this document has lost information about the primary activity, in which case it is possible to implement pension calculations.

There are several types of work experience:

1. Total length of service includes all years of the employee’s working life. In this case, it also includes periods such as military service, disability, maternity leave, caring for a disabled person and unemployment. The latter indicator is counted only if the person receives cash benefits from social services.
2. Continuous experience includes the total duration of continuous work at one enterprise.
3. Special work experience is intended for people holding relevant positions.

Every person should know that a work book is an important document that confirms work experience. It is necessary to carefully monitor the correctness of filling it out and not to lose it. If the information is not true, then you need to request changes to the data from the employer.

What influences its interruption?

Currently, not every person can work continuously for a long time at one enterprise. There are always situations when an employee must cease his activities. There are several criteria that influence the interruption of seniority:

1. Dismissal. If a person voluntarily quits his job or decides to change his occupation, then his work experience is interrupted. However, this rule does not include the reduction of workers and the liquidation of the organization. The period of employment is interrupted if the person does not find a new job within three weeks.
2. Sick leave. We are talking about those sick leave for which their payment does not correspond to the objectives of social insurance or the constitution.
3. The departure of an employee from an official place of employment to an unofficial organization (private firm). In this case, it is generally accepted that the employee voluntarily left the enterprise and his work experience is interrupted.

Each change associated with a change in the employee’s activity must be recorded in the work book. If activities are constantly interrupted, this may negatively affect the amount of pension benefits.

How to make it continuous?

The amount of benefit during the period of incapacity depends on continuous work experience. If you wish, you can save it; for this, you need to remember the following points.

The period of service becomes continuous if:

• A person voluntarily entered work after retirement.
• A disabled citizen receives unemployment benefits. In this case, to prevent interruption of your work experience, you must queue up at the labor exchange while looking for a new job.
• Less than three weeks have passed since the dismissal. Before leaving one organization, a person needs to find a new place of work.

It is allowed to maintain continuous work experience for up to two months if:

• After dismissal, a person goes to work of his own free will. For example, if the wife was forced to change organization due to her husband moving to another area.
• The citizen retired due to age.
• The man quit his job at an enterprise that was located in the Far North or abroad.

It is allowed to maintain continuous work experience for up to three months if:

• The citizen was fired due to downsizing or liquidation of the organization.
• The employee was fired due to inconsistency with the position.

If for some reason the employer does not maintain continuity of work experience, then his actions can be appealed in court.

Legal framework and its changes

From April 1973 until the end of 2006, the country had a law on calculating seniority. According to its terms, it was considered continuous if a citizen got a job less than one month after dismissal. Since 2007, this law has changed; the break period is now three weeks.

Since 2007, temporary unemployment benefits have also changed. Today it is:

1. Payment is 100 percent of wages with 8 years of experience.
2. Payment is 80 percent of salary for 5 to 8 years of experience.
3. Payment is 60 percent of salary for up to 5 years of experience.

From January 1, 2007, changes were made to the calculation of disability benefits. Now, the insurance period is taken into account, which includes the amount from all periods.

What does continuous work experience affect?

Continuous work experience- this is the duration of an employee in one place or in several organizations, if the break does not exceed the established period. Based on this indicator, the amount of benefit during the period of incapacity is calculated; it can be 60, 80 or 100 percent of wages.

Continuous work experience affects:

1. the amount of old-age pension;
2. the amount of disability pension;
3. the amount of pension benefits in case of loss of a breadwinner;

Each person can independently calculate his continuous work experience, for this he needs:

• Prepare the necessary things: calculator, pen, paper, computer and work book.
• To calculate continuous length of service, you need to find the 1C program “Salaries and Personnel”. If you wish, you can carry out this procedure yourself using a calculator.
• The program requires you to enter all dates of employment and dismissal from work. After that, you need to click the “calculate” button and wait for the results.
• When calculating independently, you first need to calculate the amount of labor activity. To do this, you need to subtract the date of employment from the date of dismissal. Next, you should add up those results, the gap between which was more than three weeks.

You should not read the result if the employee was fired more than twice a year. You should also pay attention to exceptions in which the length of service is not interrupted.

What is not included, but does not interrupt the experience

There are some situations in which the length of service is not interrupted:

1. While receiving secondary specialized or higher education, the length of service is not interrupted. This also applies to postgraduate and residency training. However, the break between leaving work and entering an educational institution should not exceed the established time limits.
2. If a person has been abroad for a long time, gaining skills for work there. In this case, the time of his release from work should not exceed two months.
3. Work experience is not interrupted if a person works at a seasonal enterprise. For example, its activities are related to the agricultural or shipbuilding industries. In this case, he needs to work completely for one season, after which he must enter into an agreement to return to work in the next period.
4. An exception is the case if a citizen is serving time at correctional labor, however, we are not talking about deprivation of liberty at the place of his work.
5. If an employee is declared incapacitated during the period between dismissal from one position and entry into another, then this period is extended. In this case, the person must provide a certificate.
6. The period is also extended if additional time is needed to move to another location.

The length of work experience is set by the employer in accordance with the norms of the Russian Federation. Each action must be written down in the work book.

You should approach such an issue as seniority with responsibility. This indicator will be used when applying for a pension. In order to ensure a decent old age, it is necessary to maintain continuity of work experience.

The term “continuous work experience” was found in the legal acts of the USSR and was used in practice until 2007. The rules were such that, based on the duration of the last continuous work, the employee was assigned a state social insurance benefit, i.e., temporary disability benefit and maternity benefit (clause 1 of the Rules for calculating continuous work experience, approved by Resolution of the USSR Council of Ministers dated April 13 .1973 N 252, hereinafter referred to as the Rules). At the same time, continuous service after voluntary dismissal was maintained provided that the break in work was no more than 3 weeks (clause 2 of the Rules).

However, in 2006, the Constitutional Court of the Russian Federation recognized the provisions of legal acts of the USSR as contradictory to the Constitution of the Russian Federation, according to which the right to receive benefits and its amount depended on the length of the employee’s continuous work experience (clause 1 of the Constitutional Court of the Russian Federation of March 2, 2006 N 16-O) . As a result, on January 1, 2007, Federal Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” came into force, in accordance with the provisions of which.

From continuous work experience to insurance

From 2007 to the present, the amount of temporary disability benefits, as well as maternity benefits, depends on insurance employee's length of service (parts 1,3,4,6, Article 7, Article 11 of the Law of December 29, 2006 N 255-FZ). It is determined as a result of summation (Article 16 of the Law dated December 29, 2006 N 255-FZ, clause 2 of the Rules for calculating and confirming the insurance period, approved by Order of the Ministry of Health and Social Development of Russia dated February 6, 2007 N 91):

• periods of work of a person under employment contracts;
• periods of state civil and municipal service;
• other periods during which the person was subject to compulsory social insurance in case of temporary disability and in connection with maternity.

And continuity of length of service in case of dismissal of one’s own free will or for other reasons no longer plays any role today.