How continuous is considered. Important points: how long can you not work after dismissal, so that the experience is not interrupted? What is it and why do we need it? When continuity is maintained

Continuous work experience until 2007 was an extremely important indicator.

He influenced future pension and allowed them to receive substantial salary supplements. Today, this concept has practically lost its relevance, but nevertheless, in some areas it is still considered not only important, but also decisive.

Many citizens believe that working within the same organization is uninterrupted work experience, but in reality this is not the case. You can change employers and even professions, and the experience will be preserved. But for this, several important conditions must be met.

Work experience is the total duration of work activity, during which a citizen performed some duties. All years of official employment are reflected in the work book, which is the main proof of their existence. Seniority allows an employee to receive retirement benefits when they reach a certain age or when they have worked a set number of years. Besides, official work allows you to apply for grants, social benefits and other state guarantees.

The concept of seniority has been greatly transformed in recent years, because pension reform which brought about the change. Business continuity is no longer an indicator for calculating pensions or other benefits.

Currently, experience is divided into the following types:

General, which includes all periods.
Special, it is intended for certain professions and positions and allows you to count on preferential accrual of pension benefits.
Insurance, which includes, among other things, non-working periods during which contributions were paid or social security was provided to citizens.

Each of the species plays an important role in human life, therefore, requires a more detailed consideration.

General

The concept of total work experience was retained solely to determine the periods that were accumulated before January 1, 2002. Today, this indicator is not relevant in legislative regulations, but it is used everywhere in the philistine environment, hence the confusion.

For citizens who started their work activities before 2002, general experience allows you to calculate how many years they have accumulated before the start of this period. It includes:

Years of work in the public service or in commercial structures.
Time of work as an individual entrepreneur.
Creative activity of members of various teams.
Passage of military service.
Temporary disability that began at the time of work.
Exemption from work due to disability of the first and second groups, provided that it was received at work.
The time when unemployment benefits were accrued.

All these segments are added together, and the total total experience is obtained.

Insurance

The length of service is the indicator that is taken as the main one for calculating the periods worked at the present time. It is a set of segments during which payments were made insurance premiums to the social welfare fund.

AT insurance periods include:

All days and years of work, provided that the employment was official under the contract.
Military service or equivalent periods.
Time of incapacity for work when the cash benefit was accrued.
Caring for children under the age of three, but not more than 1.5 years for one baby and 4.5 years for all in the aggregate.
Segments when a citizen was listed on the labor exchange and received unemployment benefits.
Moments when a person took part in community service.
Time of imprisonment, provided that the charge is dropped for lack of merit.
Care for children with disabilities, adults with disabilities and the elderly over 80 years of age.
No more than five years of absence from work, if the military spouse is unable to find a job in the area of residence.
Years of being abroad without the opportunity to work when the spouse is a consul or diplomat. Also no more than five years.

All the specified periods apply if immediately before their start or immediately after their end, the citizen works.

Continuous

Continuous experience, despite the limited use of this term at the present time, has not changed its essence at all.

This concept implies that a citizen works constantly, without long breaks between dismissal from one job and employment in another. By legislative norms to maintain continuity, a person should not exceed the allowable limit when changing employers.

The absence of breaks in labor activity does not allow counting on additional coefficients to a pension or receiving other benefits. But there are professions in which it is extremely important not to have breaks, for example, doctors, teachers, etc.

Breaks in work activity

Upon reaching the age of majority, a citizen enters working age and can begin his work activity. For most people, it is postponed until the moment they graduate from school and get a profession. After the fact of the first employment has taken place, a person has to work all his life until he reaches retirement age. However, in life there are various situations that can temporarily interrupt labor activity. The reasons for such interruptions are classified as follows:

Personal - the need for treatment or adaptation after illness or injury, the collection and execution of documents in connection with the death of relatives, study, travel abroad, moving to another area on the territory of the Russian Federation.
Economic - downsizing or complete liquidation of the organization, while the inability to find a new one workplace due to a general crisis or low demand for a person's specialization.
Professional - lack of official employment due to the temporality of the tasks performed or the inability to conclude an agreement with the employer.

Each reason entails dismissal, and further employment. Whether a break will be counted in the total length of service depends on many criteria, including their duration.

How important is continuous experience?

Rooted in the subconscious of people back in Soviet times, the concept of continuity of labor haunts many citizens to this day. Let's see if its significance is so relevant in 2018.

The main priority of working without interruptions was previously considered to be the opportunity to receive an increased pension. Citizens who continuously worked for a certain number of years received an additional payment. The new pension reform has abolished this type of accrual, so you can forget about continuous service regarding this type of benefit. However, many state and municipal employees have bonuses to their salary for long service, which is considered work within the same field of activity without interruptions. Dismissal from one organization and transfer to another interrupts the established countdown of seniority.

The absence of breaks is important for medical workers, teachers, rescuers. Prolonged absence of employment in the profession entails a loss of qualifications, therefore, permanent labor activity is encouraged.

Continuity periods after dismissal

Continuous work experience after dismissal is maintained only if the deadlines are met. They differ depending on the reason for termination of the relationship, working conditions and other aspects.

Voluntary dismissal without indicating the reason for such a decision allows the employee to be in search of a new job for no more than three weeks. But if within one year he terminates the contract for the second time on his own initiative, then this benefit will also be withdrawn from him. If the employer decided to dismiss the employee or a transfer is made from one organization to another, then a difference of one month is allowed. Citizens who worked in the districts Far North or in other countries with which special employment agreements have been concluded, a break of a maximum of two months is allowed.

Dismissed due to reduction or reorganization of the enterprise.
Lost a job due to temporary disability.
Left without a job due to the received disability group.
Resigned from office due to health or non-compliance.
Teachers primary school who were reduced due to a decrease in the number of students.
Participants in hostilities and former military.

Sometimes dismissal automatically interrupts the length of service, this happens if the employer initiated the termination, and the reason is the illegal actions of the employee.

How to calculate seniority

When calculating the length of service, only those periods that have been worked out, as well as those that are equated to them, are taken into account. It is necessary to count the segments according to official documents. Their list, in addition to the work book, may include a military ID, certificates from the employment center and the social protection fund. If for some reason the data is not entered in the book, then copies of orders for hiring and dismissal from it are provided.

Speaking of continuous experience, it is necessary to take into account the reasons for interrupting work activities. If it allows you to add next period, then it is calculated from the date of admission to the date of dismissal, and the breaks themselves, which, according to the law, do not exceed the prescribed norms, of course, are not taken into account.

Consequences of interruption of work experience

Interruptions of seniority, despite the irrelevance of the concept at this time, still have their consequences for the side of employment. As a rule, the subsequent employer is always interested in the reason for the lack of work in the specified period. This is especially true for high-level professionals and managers. Long downtime entails falling out of the general rhythm, loss of skills and general disorientation in the labor market.

The presence of interruptions in work, in general, does not affect other indicators of further social security worker. Although, for example, the same unemployment benefit will greatly decrease if a person has not worked for a long time and went on sick leave in the first months of work. In this case, the length of service will be considered, but the income for the last two years of work will be minimal.

Does continuous service affect the amount of pension

Pension is the apogee of every citizen's working life. Most often it is appointed by old age. The following age limits have been adopted in the Russian Federation:

For men 60 years old.
For women 55 years old.

You can work after the specified period, but if you wish, you can go on a well-deserved rest.

Some professions, due to special working conditions, allow you to retire earlier than the specified age. They take into account the accumulated length of service, and sometimes reaching the retirement period is a combination of years worked and age limits.

In neither case does continuity play any role in the calculation of benefits.

The concept of continuous work experience

What experience is called continuous?

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

The time of continuous activity of the 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 by the duration work of a person in a particular organization.

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

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 in case of wrongful dismissal(when reinstatement followed);
work or paid practice while studying at a university or a 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 the move.

In a situation where a citizen has temporarily lost ability to work in the specified period of time, the allowable period is extended by the number of days, how many people were unable to work.

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

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

The length of service cannot be saved when applying for a job if the previous employee was dismissed under such articles:

regularly failed to fulfill his duties without serious reasons for that and had penalties in a disciplinary order;
citizen once violated his labor duties(presence of the fact of absenteeism, being at the workplace in a state of alcoholic, narcotic and other types of intoxication, 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 onset.

When is work experience considered continuous?

The length of service remains uninterrupted - the time of a break in work is not more than 3 months for such cases:

citizens dismissed from organizations in case of their closure or reduction of employees;
after the end of the period of temporary incapacity for work, because of which the person was dismissed from the previous place of work or in the event of termination of labor activity in the same 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 inappropriate for his job positions;
if a teacher teaching in the primary grades, released from his duties on the occasion of the transfer of 4 classes to the 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 moment when the child reaches this age, the experience in applying for a new workplace remains uninterrupted.

Regardless of the duration of the break, the experience 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, on the basis of service) in the event that they are entitled to receive a pension upon reaching retirement age.

when an employee was fired voluntarily for a serious reason or in its absence in cases of closing the work of the company or for redundancy;
due to transfer to another region and forced relocation(applies to military personnel and deputies of the State Duma, 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 suspended from work on the erroneous conclusion of the medical board and subsequently reinstated;
if the break in work was related to participation in public works on a paid basis;
in a situation where a citizen was taken into custody and 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 the experience.

How many days is considered continuous service?

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

Exceptions to this rule are:

transfer of one of the spouses to work to another locality;
achievement care retirement age.

Experience can remain uninterrupted with a gap of less than 2 months in such situations:

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

How to keep the length of service uninterrupted with a three-month interval in work?

You can leave the length of service uninterrupted in situations established by law.

Experience is continuous when:

a citizen is studying in higher or secondary educational institutions, postgraduate or residency.

The condition is that 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 member of the employee's family sent outside the state to work in various structures in the event that the time interval from return to entry to work does not exceed 60 days;
for seasonal workers who have worked one season who have concluded a contract for work in the next season and have begun to perform their duties within the agreed time;

Applies to industries where it is allowed to summarize the time of seasonal work.

time of treatment 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 "Salary and Personnel" program or independently.

For calculation, using the program, data on hiring, dismissal and new employment are entered in the required columns. Then you should click the "calculate" button.

It is possible to calculate on one's own.

The principle of counting is as follows:

To make calculations using the calculator, employment dates 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.
If a citizen quit within one year 2 or more times, then this year does not apply to uninterrupted service.
Has the right to increase the break up to 1 month employee who was forced to leave his former workplace for serious reasons (subject to documentary confirmation of this fact).
For citizens who worked in the Far North or similar territories, the break is 2 months after the dismissal, and that period remains uninterrupted.
Duration of a break in work for those who are dismissed due to liquidation or reorganization enterprise is 3 months. The same applies to people who left for health reasons or because of a disability. This experience will also be considered as continuous.
Uninterrupted will be considered activities for women, who were forced to stop work due to the need to care for a child with a disability under the age of 16 or for those mothers whose children have not reached the age of 14.

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 labor activity and are drawn up in compliance with all requirements.

Citizen must submit:

original labor books;
military ID(if any);
original contract about hiring;
certificate from the organization where the labor activity was carried out;
payment slips labor;
in some situations will be required references from the 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 included in the length of service.

In disputable situations, when it is not possible to understand whether the omissions were good reasons for interrupting work, clarifications can be obtained from the relevant authorities.

Seniority is a period professional activity person. Its presence and correct calculation is important for obtaining various guarantees, benefits, compensations from the state or the direct employer. The state guarantees officially working citizens who transfer funds from income to the budget, support in case of disability, the opportunity to receive paid holidays, material security in retirement age. Employers encourage wage increases, apply various incentive measures.

During the Soviet period, the concept of continuous work experience was widely used. The modern labor legislation of Russia does not contain such a definition. Previously, continuous work experience was in direct relationship with the appointment of social insurance benefits (Decree of the Council of Ministers of the USSR of 04/13/1973 No. 252), influenced the size of pensions. However, the Constitutional Court of the Russian Federation, by its ruling of March 2, 2006 No. 16-O, recognized one clause of the provision of the rules for calculating continuous work experience applied at that time as contrary to the Constitution. As a result, the entire document became invalid, and no new rules defining what continuous work experience is and why it is needed were adopted. In our article, we will reveal to you some of the subtleties of labor law related to this topic, and tell you why you need seniority.

Why continuous work experience is needed

At present, the fact of having a continuous work experience is important only in certain areas of labor activity. For example, uninterrupted work history guarantees medical workers a bonus if they do not interrupt their activities while working in medical institutions.

Workers of the Far North have certain privileges for receiving compensations and benefits if they have continuous work experience. In addition, employers themselves have the right to establish various benefits for employees who have a certain continuous work experience in the enterprise. These norms are valid only within the organization that established them or a certain group of companies that have agreed on such conditions.

Thus, given that labor legislation does not set strict limits and does not give clear definitions regarding length of service, it can be divided into:

general (legislation speaks about it only until January 2002);
continuous (its official definition was abolished in 2006).
entitling to a seniority allowance.

What is included in continuous work experience

Continuous work experience, by definition, shows that the employee worked for the same employer for a certain amount of time. According to the Law of the Russian Federation "On employment in the Russian Federation" dated April 19, 1991 No. 1032-1, the following periods do not interrupt the experience:

recognition of a citizen as unemployed upon payment of benefits to him in connection with this;
the student body to which the scholarship is being paid;
participation in public works on a paid basis,
moving or resettlement to another area in the direction of the employment center for employment;
temporary disability (officially fixed);
maternity leave;
call for military training;
participation in activities related to preparation for military service;
involvement in activities related to alternative civilian service;
performance of public duties.

Any organization can establish its own interpretation of continuous work experience by a local regulatory act. In this way, companies encourage their employees by providing additional benefits (allowances, benefits, paid spa treatment, etc.).

What does it affect

Continuous work experience mattered during the Soviet era. The size depended on its duration. state benefits, benefits, pensions. Currently, the concept of insurance experience is used. The influence of a continuous period of work remained for certain categories of professions and positions when receiving certain wage supplements.

Continuous work experience provides guarantees and gives the right to receive compensation to persons working in areas with difficult climatic conditions - in the Arkhangelsk, Irkutsk and Chita regions, Karelia, Komi, Buryatia, Tuva, the southern regions of the Far East, the Krasnoyarsk Territory (Order of the Ministry of Labor of the RSFSR dated November 22 .1990 No. 3).

When continuity is maintained

In addition to the periods established by Law No. 1032-1, which do not interrupt seniority, there are rules for periods of employment. In most cases, continuous work experience is not considered interrupted if the employee, changing his place of work, fits within a three-month period. In some situations, this period has been reduced to a month or is not legally defined at all. In such cases, the term for interrupting the length of service depends on the grounds for dismissal, the place and specifics of the work, etc.

The length of service is also not interrupted if the employee was dismissed at the initiative of the employer for having committed guilty acts (Determination of the Armed Forces of the Russian Federation of December 23, 2004 No. KAS04-596).

How is continuous work experience calculated?

employment history;

military ID;
employment contract and certificates from the employer;
certificate from the employment center;
agreement with the university and extracts from orders educational institution on the appointment of a scholarship;
references from various archives.

Continuous work experience is considered to be a simple addition of periods of work at one enterprise (or in similar organizations, when it comes to the continuity of medical experience), as well as periods that are not interrupted by labor law.

You can make a calculation using online calculators, however, for the accuracy of calculations, it is better to calculate it yourself. This is especially true in cases where the work book is lost, and the calculation has to be carried out according to the available documents (for example, to prove one's position in court).

Both part-time work and part-time work are counted in the continuous work experience (which is used by mothers who have young children). At the same time, it must be taken into account that the emergence of labor rights begins from the date established by the contract with the employer (other documents).

The period when the employment relationship is terminated does not begin from the date of their termination, determined, for example, by a dismissal order, but the day after that. If the period is calculated in calendar days, it includes non-working days. In cases where the last day of the term is a non-working day, then the working day following it is taken as the day of completion of work (Article 14 of the Labor Code of the Russian Federation).

According to work book

The main document containing information about continuous work experience is a work book. It contains all the information about the official activities of a citizen. The information contained in it is easily verified for authenticity, it is enough just to make requests for payment by the employer indicated in the work book, taxes, mandatory contributions for its owner. If it turns out that the tax office, pension fund there is no information about payments, you will have to raise all related documentation. In some cases, this turns out to be impossible due to the closure of the enterprise and the lack of documents in the archive, etc.

The procedure becomes more complicated if the citizen does not have a work book in his hands, but its duplicate, since the rules for filling it out are softer compared to filling out the original, and some information may be lost (Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

For retirement

Pension legislation is not tied to continuous work experience. Increased pension for long continuous work experience no.

For the calculation of old-age benefits, the employee's insurance period, the amount of contributions made by the employer, is important. It does not matter how long a person has worked in one organization. The main thing is that the salary is official, which gives guarantees of receiving a pension in the future. In addition, the amount of insurance contributions also affects the size.

In the presence of so-called salaries in envelopes (gray, unofficial) or with meager deductions from the budget, the future pensioner can only count on minimal security.

For sick leave

The amount of benefits for temporary disability does not depend on the continuity of work experience, but depends on the length of insurance. The last breaks in work are not affected (Letter of the FSS of the Russian Federation of October 30, 2012 No. 15-03-09 / 12-3065P).

There are situations when an employee's length of service for the period before January 1, 2007 is less than the length of a continuous working period for the same period. Considering that until 2007 it was continuous work experience that was used to calculate temporary disability benefits, the law gives citizens an indulgence and allows instead of the duration of the insurance period to use continuous work experience in such cases (Article 17 of the Federal Law “On Compulsory Social Insurance in Case of Temporary disability and in connection with motherhood” dated December 29, 2006 No. 255-FZ).

Disputes about the continuity of work experience and the obligation to use it in certain cases are common. If you cannot understand the situation, call our specialists or leave your question in our online chat. Qualified lawyers will tell you how to calculate the length of service, what compensation you can expect upon dismissal, and how to protect your rights if the employer violates them.

Until 2007, the concept of “continuous work experience” was used, when the “Rules for calculating continuous work experience ...”, approved by the Decree of the Council of Ministers of the USSR dated April 13, 1973 No. 252, still had legal force. Now this document is invalid, and now instead of “work experience” the wording “insurance experience” is used, but in some cases, for various calculations, these two concepts inextricably complement each other, so the old legislative acts that have lost their legal force still remain relevant.

The procedure for calculating the length of service is regulated by Art. 16 of the Federal Law “On Compulsory Social Insurance ...” dated December 29, 2006 No. 255-FZ, according to which, in order to determine the amount of benefits in connection with pregnancy, childbirth or unemployment, the length of service includes all periods of labor activity in state, municipal or other work, during which the employee's social insurance was carried out and payments were accrued. In addition, other activities are included in the periods of insurance experience, as it was before 2007:

Service in the ranks of the RF Armed Forces.
The periods during which women dismissed from the Armed Forces of the Russian Federation or the KGB due to pregnancy or the birth of a child received appropriate benefits, provided that they went to work before their child was 1.5 years old.
Passing advanced training courses, if this was preceded by service in the ranks of the FSB, KGB, Armed Forces or the Ministry of Internal Affairs.
Education in schools and vocational schools, if the interval between obtaining a certificate (diploma) and employment does not exceed 3 months.
Industrial practice or work while studying at a university or college.

At the moment, almost no payments depend on the length of service, while the length of service is important for pensions and the calculation of sick leave, which is calculated as follows:

Paid at 100% if the employee has more than 8 years of service without interruption.
With an experience of 5 to 8 years, sick leave is paid at 80%.
If the length of service is from 1 to 5 years, then the sick leave is paid at 60%.

Thus, work and insurance experience are two different concepts, and the first can be much more than the second. Many are interested in when the seniority is interrupted after dismissal? There may be several cases here:

The employee was dismissed at the initiative of the employer for a gross violation: he came to work in a state of intoxication, committed theft or deliberate damage to the organization's property, etc.
If the employee did not get a new job within one month after the dismissal from the previous place.

At the moment, continuous experience does not matter for the calculation of pensions and benefits, because. for this, the insurance period is used - the periods of transfer of insurance payments. In some cases, in order to calculate the insurance period, specialists have to compare it with the work period, and if the former is less, then the amount of benefits will be calculated based on the continuous one.

Now about whether the seniority is lost upon dismissal of one's own free will. According to the law, the following rules apply in such cases:

If the employee quit of his own free will without a good reason, then in order to maintain continuous work experience, he must take another job within three weeks.
If an employee leaves due to employment in an organization located in another city/country, then the break should not last more than 1 month. The same applies to the transfer of his wife to another city.

Also, seniority is preserved if a woman is pregnant, is raising children under the age of 14, or has a disabled child until she reaches the age of majority.

Concept definition

Continuous work experience is the length of service of an employee, during which the breaks between transfers from one organization to another in connection with dismissal do not exceed the duration established by law.

In fact, the continuous length of service upon dismissal in 2016 is calculated in the same way as before: in order to maintain it, no more than one month must pass between the moment the employment contract with the previous employer is terminated and employment for a new job.

It often happens that after a dismissal, a person becomes registered with the Employment Center and searches for new job, but suddenly falls ill and due to illness, the interval between dismissal and subsequent employment increases. In this case, the seniority is not interrupted, because. the disease is considered a force majeure circumstance and in order to maintain the length of service, it is enough for him to obtain the relevant medical certificates.

Terms of continuity of work experience after dismissal

Sometimes there are situations when, after dismissal from the organization, subject to subsequent employment, the seniority is not interrupted, because. periods of involuntary unemployment are not taken into account:

Liquidation of an enterprise or downsizing: here nothing depends on the employee, and the employment contract is terminated due to circumstances beyond the control of the parties.
Transfer of State Duma deputies or persons passing military service, to another city in connection with their professional activities.
The gap between retirement and the next job.
Loss of work in places with high unemployment: closed administrative districts, remote duty stations.
Termination of employment due to an erroneous medical report prohibiting the continuation of work, or due to an unfair accusation, followed by reinstatement.
Involvement in public works payable.
The presence of a citizen in places of deprivation of liberty, subject to reinstatement at work in connection with the acquittal of the court and the dismissal of charges.

How long can you not work after dismissal, so that the experience is not interrupted? It all depends on who initiated the termination of the employment contract:

At their own request and in the absence of valid (good) reasons - 3 weeks.
For redundancy - 3 months, if the company was reorganized or liquidated.
At their own request, if there are good reasons, or by agreement of the parties - 1 month.

In addition to the rules for determining continuous seniority after dismissal of one's own free will, in 2016 there are other terms for cases of forced termination labor relations for certain categories of citizens:

Serving under a contract in the Armed Forces of the Russian Federation - 1 year.
Military personnel with a length of service of more than 25 years, as well as combat veterans - without a time limit on terms.
Employees of the Government of the Russian Federation and the State Duma - 6 months.

As for the continuous medical experience after dismissal, it is calculated in the same way as the insurance one, i.e. it includes only those periods during which insurance premiums were made. In some cases, the conditions for maintaining seniority may be indicated directly in the local regulations of the organization, but they are usually drawn up on the basis of the old rules for calculating seniority that have become invalid.

At the moment, how long the seniority is interrupted after dismissal matters only for certain categories of workers who are entitled to seniority bonuses and other compensations. In all other cases, seniority is considered interrupted from the moment of dismissal, and temporary unemployment brings much less losses than before.

How to calculate continuous work experience upon dismissal?

To determine the continuous experience, a number of documents are used, on the basis of which it is calculated:

Employment contract and book
Military ID.
Estimated payroll.
Help from the place of work.

In some cases, statements of archival organizations may also be used. In addition to the main job, the job where the employee worked part-time is also taken into account, and the calculation is made according to calendar days. Also, the experience of women with children under 14 years of age includes periods when they worked part-time.

Since the procedure for calculating the length of service has changed dramatically since 2007, in order to calculate compensation, accountants have to recalculate the continuous and insurance experience until 2007 and after. If the duration of the insurance period is less, then the old rules apply, and only continuous is taken into account.

Accountants must know how many days after the dismissal the seniority is interrupted, otherwise it will be impossible to calculate the amount of various compensations, and in case of incorrect accrual, the dismissed employee may require clarification from the FSS of the Russian Federation or the Ministry of Labor.

Despite the fact that since 2007 the calculation procedure has been significantly simplified and the experience is interrupted from the moment of dismissal, there are still a number of nuances in which such an interruption can be avoided:

If you need to quit at will in order to find a better job, it is best to take a vacation with subsequent dismissal. Thus, a citizen has the right to start performing labor duties in another organization the very next day after the end of the vacation, however, if he has already quit more than 1 time in 12 months, the experience will be considered interrupted.
If a woman is on leave to care for a child under 3 years old and wants to go to work, her husband can take this leave in order to receive benefits. If the employment contract expired during the pregnancy of the employee, the employer must extend it, because. dismissal in this case is allowed only upon liquidation of the organization.
If the enterprise is liquidated, then while on parental leave, the length of service will include a period of up to 3 years, provided that the employee was registered with the Employment Center, but could not get a suitable job.
If an employee leaves due to a transfer to another organization, the new employer is obliged to employ him within a month: this is the continuity period.

Despite the fact that now the procedure for calculating seniority has been greatly simplified, there are still some areas in which it is carried out according to the old rules established by the regulations of organizations.

It is also important to know individual cases when the length of service is considered continuous, but they are not counted in it:

Postgraduate studies, clinical internships, universities and secondary schools, if the intervals between their completion and employment do not exceed three months.
Sending members of the families of military personnel to work or study at enterprises in the USSR or abroad, if two months have not passed since the end of their studies until they start working.
A break in seasonal work, provided that an employment contract was concluded and the employee worked all the last season and returned to work on time.
If the employee was involved in corrective labor at the main place of employment without imprisonment.

What are the consequences of interrupting work experience?

If a citizen left his job before 2007 and his seniority was interrupted due to exceeding the unemployment period, he was previously paid for seniority and he got a job in an organization in which they are also accrued, then he loses such benefits until until the period of his seniority from the moment of employment reaches the period established for their receipt.

If until 2007 continuous experience had great importance, now most of the calculations are made on the basis of the length of service. That is why those who do not receive compensation for long service and were employed after the entry into force of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” have nothing to worry about, because. when calculating payments and compensations, they will sum up only the calendar periods for making insurance premiums.

Continuous work experience: concept, reasons, benefits

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Continuity of work experience affects the possibility of obtaining qualifications for a particular type of activity or gives advantages in occupying a position. It also requires the acquisition of skills for a long time for judges, lawyers.

Continuous work experience contributes to the calculation of wage increments and additional days of basic paid leave.

How the rules are regulated in 2020, why seniority is needed and in what cases it is calculated as continuous, you will learn from this article.

The concept of "continuous work experience"

Continuous work experience is understood as a period of time taken into account when determining the amount of temporary disability benefits. Continuous experience is a type of labor activity, which is accrued by periods of making contributions to extra-budgetary funds.

In Soviet times, the introduction of such a factor was aimed at combating parasitism - the lack of employment of one's own free will, and preventing staff turnover.

They are calculated as a percentage of the amount of the official wages. Information about the continuous experience is entered in work books employees on the basis of documents prepared by the personnel department.

Trade unions control the timing.

Why is continuous experience necessary?

Continuous work experience allows you to get:

calculation of the amount of temporary disability benefits - 60% (less than 5 years of experience), 80% (from 5 to 8 years) or 100% (more than 8 years);
the right to additional payments or vacation days from work, provided for by local collective agreements;
getting a good position as a subjective factor, since it is important for employers to take into account the loss of qualifications that follows a long-term departure from job duties.

In connection with the adoption of a number of changes to the labor legislation, the continuity of work experience has ceased to affect the volume pension provision. For employees with a date of birth before 1963, working until 2002, the amount of the accrued pension is determined by the insurance premiums paid by employers earlier.

Why is the experience terminated? Interruption cases

The legislation establishes cases when, this happens upon termination of relations with the employer (dismissal):

in case of systematic failure to fulfill the obligations stipulated by the employment contract and the rules of the labor schedule adopted on the basis of internal acts at the enterprise;
absenteeism when absent from the workplace for more than 3 hours, exercising powers while intoxicated;
conviction to deprivation of liberty or corrective labor, sentencing to establish a punishment for committing a criminal offense, which makes it impossible to perform labor duties;
fixing the fact of theft of commodity or material assets at the enterprise, loss of trust of the management of the employer;
commission by an employee performing educational functions of an act regarded as immoral, which is incompatible with the further performance of functions;
the imposition of a disciplinary sanction on the basis of the charter of the enterprise when establishing a punishment for its commission by higher management;
guilty behavior of the employee, for which dismissal is provided at the initiative of the management of the enterprise.