Continuity of service upon dismissal of your own free will. Continuous work experience according to the labor code

Date: 15.10.2019

Until 2007, the concept of “continuous seniority", 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 “seniority”, the wording “insurance experience” is used, but in some cases, for various calculations, these two concepts inextricably complement each other, therefore, the old legislative acts, which have lost their legal force, are still relevant.

The very procedure for calculating the length of service is governed by Art. 16 of the Federal Law "On Compulsory Social Insurance ..." dated December 29, 2006 No. 255-ФЗ, according to which, to determine the amount of benefits in connection with pregnancy, childbirth or unemployment, the insurance experience includes all periods of employment in state, municipal or other work, during which made social insurance of the employee and accrued payments. 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 in connection with pregnancy or childbirth from the RF Armed Forces or the KGB received appropriate benefits, provided that they went to work before their child reached 1.5 years.
Completion of refresher 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 break between obtaining a certificate (diploma) and employment for work does not exceed 3 months.
Industrial practice or work during training at a university or secondary school.

On this moment practically 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:

It is paid 100% if the employee has more than 8 years of experience without interruption.
With an experience of 5 to 8 years, sick leave is paid for 80%.
If the work experience is from 1 to 5 years, then the certificate of incapacity for work is paid for 60%.

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

The employee was dismissed on the initiative of the employer for a gross violation: he came to work in drunk, committed theft or deliberate damage to the property of the organization, etc.
If the employee, within one month after leaving the previous job, did not get a job new job.

At the moment, continuous length of service does not have any meaning for the calculation of pensions and benefits, since for this, the insurance experience is used - the periods of transfer of insurance payments. In some cases, to calculate the insurance experience, specialists have to compare it with labor, and if the first turns out to be less, then the amount of benefits will be calculated based on continuous.

Now about whether the seniority is lost upon dismissal on on their own... According to the law, in such cases, the following rules apply:

If an employee quit voluntarily without a good reason, then in order to maintain uninterrupted work experience, he must take another job within three weeks.
If an employee leaves in connection with 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, work experience is preserved if a woman is pregnant, is raising children under the age of 14, or has a disabled child until he reaches the age of majority.

Definition of the concept

Continuous work experience is the work experience of an employee, during which the breaks between transfers from one organization to another due to 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 elapse between the moment of termination of the employment contract with the previous employer and employment for a new job.

It often happens that after being fired, a person registers at the Employment Center and is looking for a 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 illness is considered a force majeure circumstance and in order to maintain the experience, it is enough for him to obtain the appropriate medical certificates.

Terms of continuity of work experience after dismissal

Sometimes situations arise when, after dismissal from the organization, subject to subsequent employment, the work experience is not interrupted, because terms of involuntary unemployment are not taken into account:

Liquidation of an enterprise or reduction of staff: here nothing depends on the employee, and labor contract terminated due to circumstances beyond the control of the parties.
Transfer of State Duma deputies or persons doing military service to another city in connection with their professional activities.
The gap between retirement and subsequent employment.
Job loss in places with high unemployment: administrative districts closed type, 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 imprisonment, subject to reinstatement at work in connection with an acquittal of the court and the withdrawal of charges.

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

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

In addition to the rules for determining continuous work experience after dismissal of their own free will, in 2016 there are different time frames for cases of forced termination of employment in relation to selected categories citizens:

Serving under a contract in the RF Armed Forces - 1 year.
Servicemen with more than 25 years of service, as well as combat veterans - without a time limit.
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... V individual cases the conditions for maintaining the experience can be specified directly in the local regulations organizations, but they are usually drawn up on the basis of the old Rules for calculating seniority, which have become invalid.

At the moment, how many years after dismissal the length of service is interrupted, it matters only for certain categories of workers who are entitled to seniority premiums and other compensations. In all other cases, work experience is considered interrupted from the moment of dismissal, and temporary unemployment brings much less losses than before.

How to count continuous work experience upon dismissal?

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

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

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

Since the procedure for calculating the length of service has radically changed 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 shorter, then the old rules apply, and only the continuous one is taken into account.

Accountants definitely need to 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 greatly simplified and the length of service 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 your job at will in order to find a more profitable job, it is best to take a vacation followed by dismissal. Thus, a citizen has the right to start performing work 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 length of service will be considered interrupted.
If a woman is on parental leave for a child under 3 years of age and wants to go to work, her husband can arrange this leave in order to receive benefits. If the employment contract expired while the employee was pregnant, the employer must renew it, because dismissal in this case is allowed only upon liquidation of the organization.
If the company is liquidated, then while on leave to care for a child, the work experience 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 in connection with a transfer to another organization, the new employer is obliged to employ him within a month: this is the continuity period.

Read also: Promotion order wages- sample

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

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

Training in graduate school, clinical residency, university and secondary school, if the intervals between graduation and employment do not exceed three months.
The sending of family members of military personnel to work or training at enterprises in the USSR or abroad, if two months have not passed from the moment of graduation to employment.
A break from seasonal work, provided that an employment contract was concluded and the employee worked completely the entire last season and returned to work on time.
If the employee was involved in correctional labor at the main place of employment without imprisonment.

What are the consequences of interrupting work experience?

If a citizen quit his job before 2007 and his work experience was interrupted due to exceeding the terms of unemployment, earlier he received payments for length of service and he got a job in an organization in which they are also credited, then he loses such benefits until then, until the period of his work experience from the moment of employment reaches the period established for their receipt.

If before 2007 he had continuous work experience great importance, but now most of the calculations are made on the basis of insurance experience. That is why those who do not receive compensation for seniority and were employed after the introduction 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 only add up the calendar periods for making insurance premiums.

Rules for the preservation and calculation of continuous work experience

The term continuous work experience has been entrenched in the minds of most Russians since the days of the USSR. Today this concept has lost its significance. In this article, you will learn about the features of continuous work experience, and its direct impact on the size of the pension.

For more information on whether maternity leave is included in teaching experience, follow this link.

What is continuous work experience

Continuous work experience of an employee is a 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 "seniority" is collective for three types of seniority. In the right social security highlighted the following types of work experience:

insurance (general insurance, special insurance) experience;
labor (general labor, special labor, it is also called seniority) 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 experience lies in its content. The components of continuous work experience include only work activity. An exception to this rule is the inclusion in the continuous work experience of the time of military service, as well as parental leave for a child up to 3 years old.

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

However, continuous work experience continues to be used in some industries to:

establishment of a longer vacation (Article 335 of the Labor Code of the Russian Federation);
accrual of an allowance (regional coefficient) to wages;
when calculating benefits for temporary disability.

Under what conditions work experience is maintained

Maintaining a continuous length of service depends on the circumstances of the employee's dismissal.

How seniority is taken into account when calculating a pension, read here.

Continuous work experience after dismissal of their own free will is maintained, provided that they are employed within 30 days from the date of dismissal.
For people living in the Far North and in areas equated to the Far North, this period is increased to 60 days if their work before the moment of dismissal meant being outside the Russian Federation. Also, foreign citizens can stay out of work for 60 days when an agreement on social services was concluded with their home country. securing during this time. For employees who have lost their jobs due to the reduction or reorganization of the company, continuous work experience is maintained for 60 days.
The term for maintaining continuous work experience is extended to 90 days if the employee's dismissal was forced. An example is a situation where teachers primary grades quit due to a decrease in the number of students.

At the legislative level, there are cases when continuous work experience is recognized regardless of the length of the break in work. Thus, continuous work experience will be retained for an employee whose spouse is transferred to work in another region.

If a citizen for health reasons is unable to perform certain types of work, is continuous work experience preserved? The Labor Code of the Russian Federation in this regard contains an article that takes into account special condition health of the citizen. If an employee suffers from serious illnesses that simply do not allow him to perform certain types of activities, it is possible to count on maintaining continuous work experience.

Continuous work experience will continue in the following cases:

if a person, after retirement due to seniority, resumes labor activity;
upon dismissal from service of military personnel who are in the zone of military conflicts on the territory of other countries;
if the dismissal of the parent employee is related to the need to care for a child infected with HIV (on the condition that when the child turns 18, the employee will return to work).

For the above categories of citizens, continuous work experience will remain regardless of the period in which the person starts working again.

If a woman goes on parental leave, her continuous work experience will be maintained. But in Russian legislation there is no information about whether there is a continuous length of service when a woman goes on maternity leave. Lawyers argue that continuous seniority is maintained, since the woman remains employed, despite the fact that in the decree she is engaged in family affairs, and not in the performance of official duties.

The video tells about the confirmation of work experience

How is seniority calculated

Upon retirement due to old age and upon subsequent employment, the time of the break in employment is not taken into account for calculating the continuous length of service. It is quite difficult to independently calculate the total length of service, because sometimes accuracy to one day is important. If the employee's insurance record is more than eight years, then it makes no sense to calculate the work / insurance record, because the allowance will be equal to 100% of earnings.

During the existence Soviet Union continuous work experience was especially important when calculating the pension. He guaranteed the receipt of all kinds of benefits, as well as an increase in the size of the old-age pension. But in 2002, Russia switched to a new pension system, so the procedure for calculating the pension was changed. Now, to calculate the pension, you do not need to have permanent work experience. The amount of the pension depends on the permanent insurance charges that were paid for the employee at the time of his employment under the contract.

Since 2015, continuous work experience under the Labor Code is determined differently from the way it was in the USSR. The Labor Code says that continuous length of service is counted only when the employee carried out labor activities in a particular organization. Continuous work experience includes the work of an employee, which he carries out after dismissal while retaining the profession, subject to all terms of further employment.

Continuous work experience in 2017 is calculated in calendar months and years during which the employee worked in one organization. When moving to another place of work, the work periods at the new place of work will be counted only if all the requirements of the legislation have been met for the terms provided for employment.

Still have questions? Ask them in the comments to the article

How long is the work record not interrupted after dismissal?

The professional period is fundamentally essential... It is its duration that determines the amount of payments in case of temporary disability, and the time of retirement depends on it.

Calculating this value correctly is a major challenge for HR workers. In this case, the total working time may be interrupted.

Typically, these breaks are associated with a change of job. Indeed, between dismissal from a previous place to employment in a new place, it always passes certain time.
In some cases, these periods are counted and included in the total continuous length of service.

Read also: Employment contract with an employee

When is work experience interrupted according to the Labor Code of the Russian Federation?

This value is retained if the break is from one to three months. In this case, the break is calculated based on two facts:

the date of termination of the contract between the employee and the employer;
date of hiring at another place.

In both cases, the mark in work book, which corresponds to the actual dates of the conclusion or termination of agreements.

According to the Labor Code of the Russian Federation, the following are considered cases when this time is interrupted:

dismissal at the initiative of the employee. Typically, this is termination work activities on their own;
dismissal due to negative reasons. This can be a violation of industrial discipline, the commission of a gross disciplinary offense or the commission of a crime. In any case, the employer is the initiator of the termination of the relationship;
staff reduction or liquidation of the enterprise as a whole. In such a situation, the employee loses his position and his working period is forced to be interrupted.
These cases are specified in the law. Moreover, each situation has its own specifics. And the preservation of the period or its interruption directly depends on the reason for the termination of the relationship with the employer.

When is work experience interrupted after dismissal?

The conditions for how long continuous work experience is maintained after dismissal depend on the reasons for leaving work. Several situations can be distinguished here:

when the termination of the contract occurs without good reason at the initiative of one of the parties, the employee has one month to find a new job. If in a month he does not find a job, his seniority will be interrupted;
when working in the northern territories or abroad, a person receives two months for a new job.

Thus, upon dismissal, one or two months are saved, depending on the working conditions. This time is included in general period... But after its expiration, further time will no longer refer to the working period.

When work experience is interrupted after dismissal of their own free will

The above situations also apply to the facts of termination of legal relations with the employer of their own free will. That is, the resigned person has one month left. At this time, the period is maintained.

Even if an employee does not find a new job for several months, the specified one month will still be attributed to the number of working hours. After the specified month, work experience will be interrupted.

When work experience is interrupted after dismissal at the initiative of the employer

Dismissal on the initiative of the employer means that a person has committed a gross misconduct. It is this misconduct that becomes the basis for dismissal. Consequently, there are no reasons for giving time to find a new job while maintaining the working period. After all, the person violated labor discipline or otherwise proved inability to work in the same place.

In this case, seniority is interrupted immediately after dismissal. And it will resume only after receiving a new place.

Thus, the answer to the question when the work experience is interrupted after the article is obvious. Not a single day is saved after losing a job.

Is the work experience retained when applying to the labor exchange after dismissal

Registration at the Center for Employment of the Population means assigning the status of an unemployed person to a person. This means that he will receive unemployment benefits.

Thus, there is no reason to preserve the working period. Therefore, the employee receives only one or two months due to him after the loss of the job. An exception are cases when the contract is terminated at the initiative of the employer.

In this case, the period lasts for one month. The calculation of the specified time begins with a mark in the work book.

Reduction or complete liquidation of an enterprise makes it possible to maintain continuity for a period of three months from the date of termination of legal relations with the employer.
This is the maximum time required by law.

What length of service is considered continuous?

Due to the fact that in recent years many amendments have been made to the regulations on labor activity, definitions such as seniority have undergone changes. Let's take a closer look at what is meant by continuous work experience.

Continuous work experience

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

V currently 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 a person's work in a particular organization.

In some situations, it is possible to include in this period and time of previous labor or other socially useful activities.

According to the laws of the Russian Federation, continuing operations include:

labor period as a worker or employee;
forced absences in case of wrongful dismissal(when was followed by reinstatement to the post);
labor or paid practice while studying in a university or special institution;
service in the Armed Forces of the Russian Federation;
completion of advanced training courses qualifications.

In a situation of transferring to another job due to the move 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 the ability to work in the specified period of time, the allowable period is extended by the number of days, how many people were incapacitated.

The term for maintaining the continuity of the work experience for the employee when moving to another place is not 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 lasted between the previous and the new job, if this was due to the fact that the spouse was transferred to work in another locality.

Work experience cannot be retained when applying for a job if the employee is dismissed from the previous one under such articles :

systematically did not fulfill its job duties for no serious reason and had disciplinary penalties;
a citizen once violated his labor duties (the presence of the fact of absenteeism, being at the workplace in a state of alcoholic, drug and other types of intoxication, violation of a non-disclosure agreement, theft and embezzlement);
the employee violated labor protection requirements... which caused grave consequences or a real threat of their occurrence.

When is work experience considered continuous?

The seniority remains uninterrupted when the time of interruption in work was no more than 3 months for such cases:

citizens dismissed from organizations when they are closed or employees are laid off;
after the expiry of the period of temporary incapacity for work... due to which a person was dismissed from the previous place of work or in the event of termination of employment at the same place due to disability. In such situations, the period of 3 months is calculated from the moment when the ability to work was restored;
when a citizen was dismissed as inappropriate for the job positions;
if a teacher teaching in 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 the age of 14 or children with disabilities under the age of 16, until the time when the child reaches this age, the experience when applying for a new job remains uninterrupted.

Regardless of the length of the break, the seniority will be maintained under the following circumstances:

if an employee quit of his own free will due to the fact that the spouse was transferred to work in another region;
after an employee quit 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, seniority) in the event that they are entitled to receive a pension upon reaching retirement age.

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

It is possible to leave work experience uninterrupted in situations established by law.

The experience is continuous when:

a citizen is studying in higher or secondary educational institutions... graduate school or residency, provided that the duration of the break between dismissal and admission to 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 period from return to employment does not exceed 60 days;
for seasonal workers who have worked one season... those who entered into a contract for work in the next season and began to fulfill their duties within the agreed period (applies to industries where it is allowed to summarize the time of seasonal work);
time of treatment in dispensaries in a 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 on condition that the citizen has not been imprisoned).

Important. In these cases, the seniority will be considered uninterrupted, but the time of the gap in the work will not be counted in it.

How many days is considered continuous service?

The length of service can be maintained as continuous during the duration between dismissal and entering a new job. no more than 1 month.

Every working person sooner or later terminates labor relations with the employer. Sometimes this happens involuntarily at the initiative of the employer, more often the employee leaves the job of his own free will - for example, if he has found a better paid workplace.

The legal aspects of labor relations are not known to every employee, so often people are not sure whether they will continue to have continuous work experience after being fired of their own free will. Let's take a closer look at this issue.

The concept of voluntary dismissal

First of all, it must be emphasized that leaving work of one's own free will is possible even if the initiator of the termination of labor relations is the employer himself. As a rule, modern employers, when announcing a resignation, offer an employee to write a letter of resignation of their own free will. For the employer, such a technique is an opportunity to avoid conflicts associated with the further employment of a former employee.

Usually, employees agree to such a procedure, since this, in fact, allows them to hide the very fact of the forced dismissal and to get a new job without any problems. Thus, speaking about leaving at will, we are talking about the overwhelming majority of cases of transition to a new job. That is why the continuity of the length of service upon dismissal of one's own free will concerns literally all working people.

Conditions for maintaining the continuity of experience in voluntary care

The work experience itself is made up of the time during which a person has an official job (this also includes his own entrepreneurial activity). Its concept is disclosed in the Federal Law No. 166-ФЗ dated December 15, 2001 on pension provision. Based on the wording in the law, seniority is the total duration of work, which is included in the insurance record of a working person and is taken into account when assigning pensions. At the same time, the continuity of experience does not at all imply that a person must work in the same organization.

But in the current labor legislation, the concept of seniority, as such, has disappeared, it was replaced by the insurance record of a citizen. How it is calculated is stated in the order of the Ministry of Health and Social Development No. 91 dated 06.02.2007. And it does not take into account continuity, but rather the payment of insurance premiums while working for a particular employer. The future pension, and the payment of disability benefits and maternity benefits depend on this. However, in the law №255-ФЗ dated December 29, 2006 in Art. 17 there is a reservation that if the length of the insurance period for the period before January 1, 2007 turns out to be less than the continuous length of service, which was previously used to calculate benefits, the insurance period can be replaced with a continuous length of service.

Therefore, in some cases, the need for continuous work experience remains, primarily to obtain certain benefits. Therefore, it should be remembered that in the general case, the continuity of the length of service upon dismissal of his own free will remains in the event that the employee, moving to work in another organization, has made a break in work for a period of not more than one calendar month. In some cases, this period can be extended up to 2 months (for workers of the Far North or for former employees Russian enterprises abroad). People who quit work for health reasons or in connection with the reorganization / liquidation of an enterprise have the right to an extension of the period up to 3 months. The conditions for maintaining continuous work experience for pregnant women and mothers with minor children are especially stipulated.

In some cases, the continuity of work experience is maintained regardless of the break in work. For example, this applies to employees who quit of their own free will in connection with the transfer of a spouse to work in another locality.

In what cases can continuous work experience be taken into account now, not counting the calculation of benefits? In particular, this directly applies to rescuers, whose vacation time depends on the length of service, which is spelled out in Law No. 151-ФЗ dated 08.22.1995. Rescuers with more than 15 years of continuous work experience, for example, receive 40 days of leave. with less seniority, vacation is also reduced. Directly the presence of continuous work experience concerns medical professionals, in particular, when taking refresher courses. For example, less than 10 years of experience requires more than 500 hours of additional education. With more seniority of the medical worker, the internship time is reduced (order of the Ministry of Health No. 66n dated 03.08.2012). Continuous work experience is taken into account when awarding academic titles (Government Decree No. 1139 of 12/10/2013).

Continuous work experience until 2007 was an extremely important indicator.

It influenced the future pension and allowed to receive substantial additional payments to the salary. 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 one organization is an uninterrupted experience, but in reality this is not the case. You can change employers and even professions, and the length of service will remain. But for this, several important conditions must be met.

Work experience is the cumulative duration of work activity, during which a citizen performed some kind of 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 reach a set number of years. In addition, official work allows you to apply for subsidies, social benefits and other state guarantees.

The concept of seniority has been greatly transformed in recent years, because a pension reform was carried out, which brought about changes. Continuity at work is no longer an indicator for the calculation of pensions or other benefits.

Currently, the experience is divided into the following types:

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

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

General

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

For citizens who started their work before 2002, the total length of service allows you to calculate how many years they have worked before the beginning of this period. It includes:

Years of work in public service or in commercial structures.
Working hours as an individual entrepreneur.
Creative activity of members of various groups.
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 the unemployment benefit was calculated.

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

Insurance

The insurance experience is the indicator that is accepted as the main one for calculating the worked periods at the present time. It is a set of segments during which insurance premiums were paid to the fund. social protection population.

The 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 cash benefits were 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 total.
Sections when a citizen was listed at the labor exchange and received unemployment benefits.
Moments when a person took part in community service.
Time in jail, on condition that the charges are dropped for lack of evidence.
Caring for disabled children, adults with disabilities and the elderly who have reached 80 years of age.
No more than five years of absence from work, if the military man's spouse does not have the opportunity 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 specified periods apply if a citizen works immediately before or immediately after they start.

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 arranging long breaks between dismissal from one job and employment for another. In order to maintain continuity, a person should not exceed the legal limit when changing employers.

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

Breaks from work

Reaching the age of majority, a citizen enters the working age and can start his work activity. For most people, it is postponed until the moment they graduate from an educational institution and receive a profession. After the fact of the first employment, a person has to work all his life until he reaches retirement age. However, in life there are various situations that can temporarily interrupt work. The reasons for these interruptions are classified as follows:

Personal - the need for treatment or adaptation after illness or injury, 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 - staff reduction or complete liquidation of the organization, while the impossibility of finding a new job due to the 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 impossibility of concluding an agreement with the employer.

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

Is continuous seniority important

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

The main priority of working without interruptions was previously considered the opportunity to receive an increased pension. Citizens who worked continuously for a certain number of years received a supplement. The new pension reform abolished given view accruals, therefore, regarding this type of benefit, you can forget about continuous experience. However, many government and local government officials have seniority pay bonuses, which are considered to be working in the same field of activity without interruption. Dismissal from one organization and transfer to another interrupts the established count of length of service.

The absence of breaks is important for medical workers, teachers, rescuers. Long-term lack of employment by profession entails a loss of qualifications, therefore, permanent work is encouraged.

Continuity terms after dismissal

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

Dismissal of his own free will without specifying 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 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 have worked in the Far North or in other countries with which special employment agreements have been concluded, then a break of a maximum of two months is allowed.

Dismissed due to reduction or reorganization of the enterprise.
Those who have lost their jobs due to temporary incapacity for work.
Those left without a job due to the received disability group.
Resigned from office due to health conditions or due to inadequacy.
Primary school teachers who were laid off due to a decrease in the number of students.
Participants in hostilities and former military personnel.

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

How to calculate seniority

When calculating seniority, only those periods that have been worked are taken into account, as well as those that are equated to them. It is necessary to count the segments according to the data of 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 the data for some reason is not entered in the book, then copies of orders for employment and dismissal from it are provided.

When talking about continuous work experience, it is necessary to take into account the reasons for the interruption of work. If it allows you to add the next period, then it is calculated from the date of admission to the date of dismissal, and the break themselves, which by law do not exceed the prescribed norms, of course, are not taken into account.

Consequences of interruption of work experience

Interruptions in work experience, despite the irrelevance of the concept at this time, still have their consequences for the employment side. As a rule, the subsequent employer is always interested in the reason for the absence of work during the specified period. This is especially true for specialists. high level and leaders. Long downtime leads to falling out of the general rhythm, loss of qualifications and general disorientation in the labor market.

The presence of breaks in work, in general, does not affect other indicators of the employee's further social security. Although, for example, the same unemployment benefit will greatly decrease if a person long time did not work, and went on sick leave in the first months of work. In this case, the insurance experience will be considered, but the income for two last years labor will be minimal.

Does continuous seniority affect the size of the pension

The apogee of the working life of every citizen is a pension. Most often, it is appointed for old age. The following age restrictions are 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 have the opportunity to go on a well-deserved rest.

Some professions in connection with special conditions labor allow you to retire earlier than the specified age. They take into account the presence of the accumulated experience, and sometimes the achievement of the retirement period is a combination of the accumulated years and age limits.

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

It will be interesting for you

For every person, seniority is an important component. It affects many indicators. Therefore, it is worth considering in more detail what is seniority, and how does it affect a person's life?

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What is seniority?

Under the concept " seniority»Means the duration of a person's working activity. It is this indicator that is the main one for obtaining the right to retirement benefits and disability benefits. The work record serves as a confirmation of the length of service of the employee. There are cases when the holder of this document has lost information about the primary activity, in which case it is possible to realize the calculation of the pension.

There are several types of seniority:

The total length of service includes all the years of the employee's work. In this case, it also includes periods such as military service, disability, decree, care for a disabled person and unemployment. The latter indicator is counted only if the person receives cash benefits from social services.
Continuous work experience includes the total duration of uninterrupted work at one enterprise.
Special work experience is intended for people in relevant positions.

Everyone should know that a work book is an important document that confirms work experience. It is necessary to carefully monitor the correctness of its filling and not to lose it. If the information does not correspond to reality, then it is required to request changes in the data from the employer.

What influences its interruption?

Currently, not every person can work for a long time at one enterprise in an uninterrupted manner. There are always situations when an employee must stop his activity. There are several criteria that affect the interruption of employment:

Dismissal. If a person voluntarily quit his job or decided to change his occupation, then his work experience is interrupted. However, this rule does not include the reduction of the staff of workers and the liquidation of the organization. The length of service is interrupted if a person has not found a new job within three weeks.
Sick leave. We are talking about those sick leave in which their payment does not meet the objectives of social insurance or the constitution.
The departure of the employee from the official place of the device to an unofficial organization (private company). In this case, it is considered that the employee voluntarily left the enterprise and his seniority 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, then this phenomenon can adversely affect the number of retirement benefits.

How do you make it continuous?

The amount of the benefit during the period of incapacity for work depends on the continuous length of service. If you wish, you can save it, for this, you must remember the following points.

The experience becomes continuous if:

A person voluntarily went to work after retirement.
A disabled citizen receives unemployment benefits. In this case, in order to prevent the interruption of work experience, it is necessary to queue up at the labor exchange while looking for a new job.
Less than three weeks have passed since the day of dismissal. Before quitting one organization, a person needs to find a new job.

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

After being fired, a person goes to work of his own free will. For example, if the wife was forced to change the organization due to the spouse's move to another area.
The citizen has retired by old age.
A person quit his job at an enterprise located in the Far North or abroad.

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

The citizen was dismissed due to the reduction or liquidation of the organization.
The employee was dismissed due to inconsistency with the position.

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

Legal bases and their changes

From April 1973 to the end of 2006, the country had a law on the calculation of seniority. According to his condition, it was considered continuous if a citizen got a job in less than one month after being fired. Since 2007, this law has changed, the period of the break, now, is three weeks.

Since 2007, the temporary unemployment benefit has also changed. Today it is:

Payment of 100 percent of salary with work experience of 8 years.
Payment of 80 percent of salary with work experience from 5 to 8 years.
Payment of 60 percent of salary with work experience of up to 5 years.

From January 1, 2007, amendments have been 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 the benefit during the period of incapacity for work is calculated, it can be 60, 80 or 100 percent of the salary.

Continuous work experience affects:

the size of the old-age pension;
the size of the disability pension;
the size of the survivor's pension;

Each person can independently calculate their continuous work experience, for this you need:

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

It is also not worth reading the result if the employee was fired more than twice a year. You should also pay attention to exceptions in which work experience is not interrupted.

What is not included, but does not interrupt the experience

There are some situations in which the work experience is not interrupted:

While receiving secondary special or higher education experience is not interrupted. This also applies to postgraduate and residency studies. However, the interval between dismissal from work and admission to an educational institution should not exceed the established deadlines.
If the person was long time abroad, receiving the skills for work there, in which case the time of his release from labor activity should not exceed two months.
Work experience is not interrupted if a person works in a seasonal enterprise. For example, his activities are related to the agricultural or shipbuilding industry. In this case, he needs to work completely for one season, and then conclude an agreement on returning to work in the next period.
An exception is the case if a citizen is serving time in correctional labor, however, we are not talking about imprisonment at his place of work.
If an employee in the period between dismissal from one position and admission to another was recognized as incapable of work, then this period is extended. In this case, the person must submit a certificate.
The term is also extended if additional time is needed to move to another area.

The length of service is established by the employer in accordance with the norms of the Russian Federation. Each action must be spelled out in a work book.

You should be responsible for such an issue as seniority. It is this indicator that will be used when registering a pension. In order to ensure a decent old age for oneself, it is required to observe the continuity of work experience.