Whether labor experience is interrupted while reducing. Continuous work experience

The date: 15.10.2019

Each working person sooner or later ceases labor relations with the employer. Sometimes this happens forced on the initiative of the employer, more often the employee leaves the work on his own desire - for example, if he found a higher paid workplace.

Legal aspects of labor relations are known not to every employee, so often people are not sure if they have continuous experience after dismissal at their own request. Let's figure it out in more detail in this matter.

The concept of dismissal at their own request

First of all, it is necessary to emphasize that care from work is possible and in the event that the employer itself is the initiator of the cessation of labor relations. As a rule, modern employers when declaring declarations offer an employee to write a statement about care for their own request. For the employer, this technique is an opportunity to avoid conflicts related to the further employment of a former employee.

Usually, employees agree to such a procedure, since it is, in fact, allows them to hide the fact of forced dismissal and without any problems get a new job. Thus, speaking of care for your own accord, we are talking about the overwhelming majority of transition to a new job. That is why the continuity of the experience when dismissing on his own will concerns literally all working people.

Conditions for preserving the continuity of the experience in voluntary care

By itself, the work experience develops from that time, throughout which a person has official work (here also includes its own entrepreneurial activity). Its concept disclosed in the Federal Law No. 166-FZ dated December 15, 2001 on pension provision. Based on the wording in law, work experience is the total duration of work that is counted in the insurance experience of a working person and is taken into account when prescribing pensions. At the same time, the continuity of the experience does not assume that a person should work in the same organization.

But in the current labor legislation, the concept of labor experience, as such disappeared, he was replaced by an insurance experience of a citizen. As it is calculated, it is said in the order of the Ministry of Health and Social Development No. 91 of 06.02.2007. And it takes into account no continuity, but rather, the payment of insurance premiums during the work of one or another employer. The future pension and payments for disability and maternity payments are depends on this. However, in Law No. 235-FZ dated December 29, 2006 in Art. 17 There is a reservation that if the duration of the insurance experience for the period up to January 1, 2007 will be less than the experience of continuous, which used to be used to calculate benefits, insurance experience can be replaced by continuous work experience.

Therefore, in some cases, the need for continuous work experience remains primarily for obtaining certain benefits. Therefore, it should be remembered that in the general case, the continuity of the experience when dismissal at their own desire is preserved if the employee, moving to another organization, allowed a break in work for a period of no more than one calendar month. In some cases, such a term can be extended to 2 months (for workers of the Far North or for former employees of Russian enterprises outside). The right to extend to 3 months have people who have left work on health or in connection with the reorganization / liquidation of the enterprise. Especially negotiated conditions for maintaining continuous experiences for pregnant women and mothers with minor children.

In some cases, the continuity of the experience is maintained regardless of the interruption in labor activity. For example, this applies to workers who fired at their own request due to the translation of the spouse / spouse to work into another locality.

In what cases can now consider continuous work experience, not counting the calculation of benefits? In particular, this is directly related to rescuers, the duration of which depends on the work experience, which is registered in Law No. 151-FZ of August 22, 1995. Rescuers with continuous work experience more than 15 years, for example, get leave in 40 days. With a smaller experience, vacation is reduced. Directly the presence of continuous work experience concerns medical workers, in particular when the advancement of advanced training courses. For example, experience of less than 10 years requires obtaining additional 500 hours. With a larger experience, the internship time decreases (order of the Ministry of Health No. 66n dated 03.08.2012). Continuous experience is taken into account when appropriating scholars (Government Decree No. 1139 dated 10.12.2013).

Until 2007, the concept of "continuous work experience" was applied, when the "Rules for the calculation of continuous work experience ..." approved by the Decree of the USSR Sovmin dated 13.04.1973 No. 252. Now this document is invalid, and now instead of "labor experience", the formulation of "insurance experience" is used, but in some cases for various calculations, these two concepts inextly complement each other, so old legislation, which has lost legal force still remain relevant.

The procedure for calculating the experience is regulated by Art. 16 ФЗ "On compulsory social insurance ..." dated December 29, 2006 №255-ФЗ, according to which, to determine the size of benefits in connection with pregnancy, childbirth or unemployment in the insurance experience, include all periods of work on state, municipal or other work, during which the employee's social insurance was carried out and paid payments. In addition, during periods of insurance experience includes other activities as it was until 2007:

Service in the ranks of the Armed Forces of the Russian Federation.
Periods, during which dismissed due to pregnancy or the birth of a child from the Armed Forces of the Russian Federation or the KGB, women received appropriate benefits, provided that they went to work until they reach their child 1.5 years.
Passage of advanced training courses, if this was preceded by the service in the ranks of the FSB, KGB, Sun or MIA.
Training in schools and professional collections, if the break between obtaining a certificate (diploma) and employment does not exceed 3 months.
Industrial practice or work during training in university or Dusza.

At the moment, almost no payments do not depend on the employment experience, at that time, insurance experience is important for pensions and calculating the hospital, which is calculated as follows:

Payable by 100% if the employee has more than 8 years of experience without interruptions.
With experience from 5 to 8 years, the hospital payment is made by 80%.
If the experience is from 1 to 5 years, then the disability sheet is paid by 60%.

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

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

At the moment, continuous experience does not matter to accrual pensions and benefits, because For this use insurance experience - periods of transfer of insurance payments. In some cases, to calculate the insurance experience, experts have to compare it with labor, and if the first will be less, then the amount of benefits will be calculated based on continuous.

Now that whether the experience is lost when dismissal at his own request. According to the legislation, in such cases the following rules are valid:

If the worker quit at his own desire without a good reason, then to preserve the continuous work experience, he must get another job for three weeks.
If an employee is dismissed due to the employment in the organization in another city / country, the break should not last more than 1 month. The same applies to the translation of his spouse to another city.

Also, the work experience remains if the woman is pregnant, is engaged in the upbringing of children under the age of 14 years or has a disabled child before the age of majority achieve.

Definition of concept

Continuous work experience is an employee's work experience, during which breaks between transitions from one organization to another in connection with the dismissal does not exceed the duration established by law.

In fact, continuous experience at dismissal in 2016 is calculated in the same way as before: in order to preserve it, should pass no more than one month between the time the termination of the employment contract with the previous employer and employment to a new job.

It often happens that after the dismissal, a person is registered with the Employment Center and is engaged in the search for new work, but suddenly ill and because of the illness, the break between dismissal and subsequent employment increases. In this case, labor experience is not interrupted, because The disease is considered to be force majeure and in order to keep the experience, it is enough to get the appropriate medical certificates.

Terms of continuity of employment after dismissal

Sometimes there are situations when after dismissal from the organization, subject to the subsequent employment, labor experience is not interrupted, because Dates of forced unemployment are not taken into account:

Elimination of the enterprise or staff reduction: here it does not depend anything from the employee, and the employment contract is terminated by the circumstances independent of the parties.
Translation of state-owned deputies or persons passing military service to another city in connection with their professional activities.
The gap between retirement and the subsequent device to work.
Loss of work in places with high unemployment: administrative districts of closed-type, remote service areas.
Termination of labor activities due to the mistake of a medical conclusion prohibiting the continuation of work, or because of the unfairly made accusations with the subsequent recovery in office.
Attracting public work to be paid.
Finding a citizen in places of imprisonment, subject to restoring at work in connection with the exclusive verdict of the court and withdrawing accusations.

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

At their own will and absence of respectful (good) reasons - 3 weeks.
According to the state reduction - 3 months, if the enterprise was reorganized or liquidated.
At their own request, if there are valid causes, or by agreement of the parties - 1 month.

In addition to the rules for determining the continuous employment experience after dismissal at his own request, in 2016 there are other deadlines for cases of forced termination of labor relations for certain categories of citizens:

The undergoing service under the contract in the Armed Forces of the Russian Federation is 1 year.
Servicemen having a service for more than 25 years, as well as veterans of hostilities - without temporary limit on timing.
Employees of the Government of the Russian Federation and the State Duma are 6 months.

As for continuous medical experience after dismissal, it is calculated in the same way as the insurance, i.e. It includes only those periods during which insurance premiums were carried out. In some cases, the conditions for the conservation of the experience may be indicated directly in local regulatory acts of the organization, but they are usually drawn up on the basis of old rules for the calculation of labor experience, which has lost legal force.

At the moment, then how much after the dismissal is interrupted, it matters only for individual categories of workers who are due to surgery for years and other compensation. 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 consider continuous work experience when dismissal?

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

Labor contract and book
Military ID.
Estimated salary statement.
Help from work.

In some cases, the statements of archival organizations can also be applied. In addition to the main work, work is taken into account, where the employee worked part-time, and the calculation is made on calendar days. Also in the experience of women with children under 14, periods are included when they worked part-time weeks.

Since the procedure for calculating the length of the experience has changed dramatically since 2007, then to accrual compensation, accountants have to take recalculation of continuous and insurance experience until 2007 and after. If the duration of insurance experience is less, then the old rules are valid, and only continuous is taken into account.

Accountants must be known, after how many days after dismissal, the experience is interrupted, otherwise it will be impossible to calculate the size of various compensation, and in case of incorrect accrual, the dismissed employee may require clarification in the Russian FSss or the Ministry of Labor.

Despite the fact that since 2007, the procedure for calculating and the experience is significantly simplified from the moment of dismissal, there are a number of nuances in which such interruption can be avoided:

If you need to quit at your request for employment to more profitable work, it is best to take leave with subsequent dismissal. Thus, a citizen has the right to begin to fulfill labor duties in another organization the day after the end of the holiday, but if he has already dismissed more than 1 time in 12 months, the experience will be considered interrupted.
If a woman is on leave to care for a child up to 3 years and wanted to go to work, this vacation can make her husband to receive benefits. If the work of the employment contract ended even during pregnancy, the employer must extend it, because Dismissal in this case is allowed only when eliminating the organization.
If the enterprise is eliminated, then, when on vacation, the experience will be included in the child's care period until 3 years, provided that the employee stood in the center of employment, but could not get a suitable job.
If the employee is dismissed in connection with the translation to another organization, the new employer is obliged to employ it within a month: it is such a period of continuity.

What are the consequences of the interruption of labor experience?

If the citizen before 2007 was dismissed from work and his work experience was interrupted because of the excess of the unemployment time, earlier he was paid for long service and he settled in the organization in which they are also charged, he loses such benefits until While the period of his employment experience from the moment of employment will not reach the deadline for their receipt.

If until 2007 continuous experience was of great importance, now most of the calculations are made on the basis of insurance experience. That is why those who do not receive compensation for long service and was employed after the entry of the Federal Law "On compulsory social insurance in case of temporary disability and due to motherhood", nothing to worry about, because When calculating payments and compensation, they will only be summed up by calendar periods of insurance premiums.

Rules for the conservation and calculation of continuous employment experience

The term continuous work experience gained in the consciousness of most Russians since the existence of the USSR. Today, this concept has lost its significance. In this article, you will learn about the peculiarities of continuous work experience, and its direct influence on the amount of pension.

More information about whether maternity leave is included in the pedagogical experience on this link.

What is a continuous work experience

The continuous work experience of the employee is the period, during which it was in the status of the unemployed 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 the 1st to 3 months (it all depends on the circumstances) with the preservation of continuous experience.

The concept of "work experience" is collective for three types of employment. In the right of social security, such types of employment are allocated:

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

Each of the specified varieties of work experience has various legal consequences. The difference between continuous work experience from a special and common experience consists in its content. In constituents of continuous experience include only labor activities. An exception to this rule is the inclusion in the continuous work experience of the time for the passage of urgent military service, as well as leave to care for a child up to 3 years.

At the legislative level, the procedure for calculating the general employment experience regulates the Decree of the Government of the USSR, signed on April 13, 1973.

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

establishment of a longer vacation (Art. 335 of the Labor Code of the Russian Federation);
accruals of the allowance (district coefficient) to wages;
when calculating the allowance for temporary disability.

Under what conditions the work experience is preserved

The preservation of continuous work experience depends on the circumstances established at the dismissal of the employee.

As the work experience is taken into account when the pension is credited here.

Continuous experience after dismissal on his own will persist, subject to employment for 30 days from the date of dismissal.
People living in the Far North and in areas equated to the Elimine North, this term increases to 60 days if their work before the dismissal implied outside the Russian Federation. Also within 60 days without work, foreign citizens can stay, when a treaty on social coherent was concluded with their native country. providing during this time. For employees who have lost their work due to a reduction or reorganization of the company, continuous work experience remains for 60 days.
The term of preservation of continuous work experience is held up to 90 days if the dismissal of the employee was forced. As an example, it is possible to bring the situation when the primary class teachers are dismissed due to the decrease in the number of students.

At the legislative level, cases are provided when continuous work experience is recognized regardless of the duration of the interruption in labor activity. So, continuous work experience will be kept for an employee whose spouse is transferred to work in another region.

If a citizen as a state of health can do certain types of work, whether continuous work is preserved? The TK RF on this account contains an article that takes into account the special state of the health of the citizen. If the worker suffers from severe diseases that simply do not allow him to perform certain types of activity, it is possible to count on the preservation of continuous experience.

Continuous work experience will continue in the following cases:

if a person after retirement for the length of service resumes labor activity;
upon dismissal from the service of military personnel in the zone of military conflicts in other countries;
if the dismissal of the parent worker is associated with the need to care for a child infected with HIV (with the condition that when the child reaches 18 years, the employee will come to work again).

For the above categories of citizens, continuous labor experience will continue regardless of which period a person will begin to work again.

If a woman goes on a child care vacation, continuous work experience will be saved. But in Russian legislation there is no information about, continuous experience remains when the woman goes into maternity leave. Lawyers argue that continuous experience remains, as the woman remains employed, despite the fact that she is engaged in family matters on the decree, and not the fulfillment of official duties.

In the video, it is described about the confirmation of employment experience

How the work experience is calculated

When retirement of old age and, upon subsequent admission to work, the time of a break in labor activities for the calculation of continuous employment is not taken into account. Independently make a calculation of the general work experience quite difficult, because Sometimes accuracy is important to one day. If the insurance experience of an employee is more than eight years, then the counting of labor / insurance experience does not make sense, because The benefit will be 100% earnings.

During the existence of the Soviet Union, continuous work experience was especially important when calculating the pension. He guaranteed to obtain all sorts of benefits, as well as an increase in the size of an old age pension. But in 2002, Russia moved to a new pension system, so the procedure for pensioning calculus was changed. Now the presence of permanent employment is required to accrual pension. The amount of pension depends on the permanent insurance charges, which were paid for the employee at the time of its employment under the contract.

Since 2015, continuous work experience in the labor code is determined not as it was in the USSR. The Labor Code says that continuous experience is counted only when the employee has carried out work in a particular organization. Continuous employment experience includes the work of the employee, which he carries out after dismissal when the profession is preserved, subject to all the deadlines for further employment.

Continuous work experience in 2017 is calculated in calendar months and years, during which the employee carried out work in one organization. When switching to another place of work, labor periods in the new job place are calculated only if all the requirements of legislation on the timing provided to employment were observed.

Have questions? Specify them in the comments to the article

How many work experience is not interrupted after dismissal?

Professional period is of fundamentally important. It is his duration that causes the volume of payments for temporary disability, and the retirement retirement depends on it.

The correct calculation of this value is the main task for employees of the personnel department. In this case, the overall working time can be interrupted.

As a rule, such interruptions are associated with a change of work. After all, there is always a certain time between the dismissal from the previous place to employment in a new place.
In some cases, these periods are counted and included in the total continuous experience.

See also: Employment contract with employee

When the work experience is interrupted according to the TK RF?

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

date of termination of the contract between the employee and the employer;
date of employment on another place.

In both cases, a workbook is taken as a basis, which corresponds to the actual date of the conclusion or termination of agreements.

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

dismissal on the initiative of the employee himself. As a rule, this is the cessation of working activities on their own accord;
dismissal due to negative grounds. This may be a violation of production discipline, committing a coarse disciplinary misconduct or committing a crime. In any case, the initiator of the termination of the relationship is the employer;
reduced staff or liquidation of the enterprise as a whole. In such a situation, the employee loses his position and its working period is forced to interrupt.
These cases are indicated in the law. At the same time, each situation has its own specifics. And the preservation of the period or its interrupt directly depends on the cause of the cessation of relations with the employer.

When is labor experience interrupted after dismissal?

Conditions as the continuous work experience remains after dismissal, depend on the causes of care from work. Here you can distinguish several situations:

when the termination of the contract occurs without valid reasons for the initiative of one of the parties, the employee has one month to find a new place. If in a month it is not employed, his experience will be interrupted;
when working in the northern territories or abroad, the person receives two months for the new employment.

Thus, when dismissal, one or two months is saved, depending on the working conditions. This time is included in the overall period. But by its expiration, there will be no further time to relate to the working period.

When labor experience is interrupted after dismissal at your own request

The above situations refer to the facts of termination of legal relations with the employer at their own desire. That is, the missing person has one month in stock. At this time, the period is saved.

Even if the employee does not get to a new place for several months, the one month will still be attributed to the number of working time. After the indicated month, the work experience will be interrupted.

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

Dismissal at the initiative of the employer means committing a coarse misdeed. It is such a misconduct and becomes the basis for dismissal. Therefore, there are no reasons for providing the time for the search for a new place with the preservation of the working period. After all, the face broke the labor discipline or otherwise proved the inability to work in the same place.

In this case, labor experience is interrupted immediately after dismissal. And it will be resumed only after receiving the new place.

Thus, the answer to the question when the work experience is interrupted after the article is obvious. No day after losing work is not saved.

Whether labor experience is preserved when setting on the labor exchange after dismissal

Setting to the Center for Employment of the Population means assigning the status of the unemployment. This means that he will receive unemployment benefits.

Thus, there are no reason to save the working period. Therefore, the employee receives only one or two months after the loss of work. The exceptions are cases, termination of the contract on the initiative of the employer.

In this case, the period remains for one month. The calculus of the specified time begins with the mark in the employment record.

Reduction or complete liquidation of the enterprise makes it possible to preserve the continuity of the period over three months from the date of the end of legal relations with the employer.
This is the maximum time provided by law.

What experience is considered continuous?

Due to the fact that in recent years a lot of amendments have been made to the decision on labor activities, such definitions such as labor experience have undergone. We will analyze more, which is meant under continuous work experience.

Labor continuous experience

Continuous work experience is a labor or other social and useful activities of a citizen in one enterprise.

At the moment, the time of continuous operation of the worker is taken into account only when it is necessary to determine the amounts of payments for temporary disability.

When such benefits are calculated, the period of continuous activity is determined by the duration Human works in a specific organization.

In some situations, there is the possibility of inclusion within this period and time of previous labor or other socially useful activities.

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

labor period as a working or employee;
forced passes in unlawful dismissal (when recovery to position);
labor or paid practice while studying in a university or special institution;
service in the Armed Forces of the Russian Federation;
passage of raising courses Qualifications.

In the situation of transition to another job due to moving It is allowed to extend the interruption in the work at the time it is required to move.

In a situation where a citizen is temporarily lost Disability at the specified period of time, the allowable gap is extended by the number of days, how many people were disabled.

The term of maintaining the continuity of the experience of the employee during the transition to another place is not more than 30 days. The break will be extended in the situation stipulated by law.

The experience remains unopened regardless of how much the gap between the former and new work continued, if it was due to the fact that the spouse was translated into another terrain.

The experience cannot be saved when making a job if the previous worker is fired by such articles :

systematically did not execute their job duties without serious reasons for the reasons and has been recovered in a disciplinary order;
citizen was once broken by his labor duties (presence of the fact of absenteeism, staying in the workplace in a state of alcoholic, narcotic and other types of intoxication, violation of the contract on non-disclosure, embezzlement and waste);
the worker has violated labor protection requirements. Imaginary consequences or a real threat to their offensive.

In which case, the work experience is considered continuous?

The experience remains unopened when the break time in the work was no more than 3 months for such cases:

citizens dismissed from organizations when they are closed or reducing employees;
after the term of temporary disability has completed. Because of which a person was dismissed from the previous place of work or in the event of a cessation of work in the same place due to disabilities. In such situations, a period of 3 months calculate from the moment when the ability to work was restored;
when a citizen was fired as inappropriate posts;
if the teacher is teaching in primary classes, released from his duties on the occasion of the transfer of 4 classes on the form of systematic teaching or in a situation of temporary reduction of students;
when the employment contract with a pregnant woman or mother is terminated. Which has children under 14 or children with disabilities under the age of 16, until the child reaches this age, the experience in the new workplace remains unparalleled.

Regardless of the interruption period, the experience will be saved under such circumstances:

if the employee quit on his own Due to the fact that the spouse (spouse) were transferred to work in another region;
after the employee quit due to retirement or when dismissing pensioners by age and other circumstances.

This will be applied to individuals who receive a pension due to other circumstances (for example, after service) in the case when they have the right to receive a pension to achieve retirement age.

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

It is possible to leave labor workers in situations established by law.

Starting continuous when:

citizen is studying in higher or secondary educational institutions. graduate school or by the ordinature, provided that the duration of the break between dismissal and entering the school does not exceed the time established by law;
when a citizen is a member of the employee family. directed beyond the state to work in various structures in the event that the time interval from return to work does not exceed 60 days;
for seasonal workers who have worked one season. who concluded an agreement to work next season and began to fulfill their duties in the agreed period (applied to the industry, where it is allowed to summarize seasonal time);
time of treatment in the dispensing in the situation. When the duration of the break between the end of treatment and the post office is not more than 30 days;
serving at the place of work of correctional work (Only, provided that the citizen was not deprived of freedom).

Important. In the listed cases, the experience will be considered continuing, but the time of the gap in work is counted in it.

How many days is the continuous experience?

The experience can persist as a continuous duration between dismissal and entering a new job. not more than 1 month.

Each citizen takes care of their old age. However, moments arise when a person in connection with the dismissal cannot continue professional activities. In such a situation, the question arises whether the work experience is interrupted or not? If you are bothering a similar question, pay attention to the content of the article.

How many days is not interrupted by the work experience after the dismissal of the Labor Code of the Russian Federation?

In view of the new reforms in the pension system, such a thing as continuous work experience has lost its former significance for most categories of workers. However, representatives of budget enterprises and the public sector should know when labor service is interrupted. This is due to the fact that they can be deprived of the state-provided benefits.

Under continuous service, long-term professional activities are meant without significant breaks.
According to the Labor Code, continuous experience after leaving work continues to be considered within a month.
If the employee was dismissed due to serious disorders, then continuous experience is not saved. As such violations determine:

Not fulfilling the assigned duties;
Lack of work at the place of labor without valid;
Theft or damage of production property;
And other violations provided by law.

Depending on whose initiative, it is possible to determine how many days are not interrupted by the work experience after dismissal:

When careing for your own accord and non-serious circumstances, this term is equal to the three weeks;
At their own request with the clarification of respectful motives for one month;
By the consent of the employee and the employer one month;
When reducing the apparatus of workers for three months.

When is the work experience after dismissal at one's own accord?

If you have a desire to leave the place of work, you should know what time the work experience is interrupted after dismissal. The period during which the duration of continuous length of years during dismissal at their own will persists, is a brief.

If there was no respect in the care statement, respectively, this period is equal to the three weeks;
With the designation of the corresponding motives, this period can be extended for a week;
If the dismissal at the request of the employee was repeated for a year several times, then the continuity of labor is not preserved.
You can avoid breaks if you find a new job during the holidays.

Term of continuous employment after dismissal by agreement of the parties

The possibility of dismissal by agreement of the parties provides for the TK RF. In most cases, by agreement of the Parties, the Contract between the Parties may be canceled. However, another treaty can be terminated in the same way. Agreement is appreciated in writing. If the agreement on the termination of the contract was achieved, the term of continuous employment after dismissal will be equal to one month.

In which cases does not interrupt the work experience after dismissal?

The law provides cases in which the length of service does not stop persist. The list of such circumstances is the following:

When changing the place of work for up to one month;
When canceling a contract with women in a position or having children under 14 or a child - a disabled person under 16. The experience will not be interrupted before the child of the specified age;
For workers of the citizens of the northern regions, breaks in work should not be more than two months;
When the military carries out a service contract. If the term between dismissal and new employment did not exceed the year;
Maternity leave, including child care vacation;
Termination of the organization's functioning;
The period after retirement;
When dismissal in the regions with a large percentage of unemployment;
Upon returning to the post after removing an unjustified sentence;
Implementation of paid public works.

There are situations when for any reason it has to leave the place of labor. Then the question of interruptions in labor experience after dismissal becomes the most relevant. To get as much information as possible on the relevant topic should be referred to the provisions of labor legislation.

Continuous experience is a definition that directly refers to the calculation of the ongoing official activities of employees. When citizens worked officially, and temporary intervals between the employer's shifts are within the limits of the laws by the legislation of the Russian Federation.

The experience in 2018 is determined by the generally accepted rules, as before: it is not necessary to continue to be able to keep it over 1 month from the date of termination of the employment agreement and the subsequent conclusion with the new employer.

Often citizens are sick with unemployment when registering. Because of this, the time between employment and dismissal increases significantly.

In such a case, the period will not disappear, since the disease relates to substantial reasons and sufficiently confirm the treatment with a sheet of disability.

Terms of Continuity

There are situations that, due to which the period in the break of labor relations will not be interrupted, since the time of forced idleness is not taken into account:

bankruptcy of the company or reducing the number of employees (from the worker nothing depends in this case and the contract is canceled due to unforeseen circumstances);
translation of civil servants or persons who are in military service in another city by the nature of their activities;
loss of work in settlements with high unemployment rates;
unlawful dismissal due to physicial errors;
public varieties of work for the established fee;
finding in prison with further recovery due to the exclusive sentence.

The continuity of the experience when dismissed directly depends on the break of the relationship of the relationship:

according to the coercion of the parties, the duration is 3 weeks;
due to the production need to reduce the number - 3 months in the event of a reorganization or liquidation of the company;
by mutual or own accord - 1 month.

In 2018, there are other periods for the situation for forced annulment of an employment agreement to some citizens:

under contract service - a period of 12 months;
in the presence of services, 25 years old in servicemen - continuously;
government employees - half a year.

The continuity of the experience for doctors is calculated in the same way as insurance. It includes only that period when there was a fact of payment of all provided contributions.

How to consider continuous work experience when dismissal?

contract of employment;
settlement documents on the salary;
help from the employer.

In some situations, the statements of archival companies can also be engaged. In addition to the main work, the one is taken into account that was part-time, and the calculation was carried out in days.

Women's experience in the presence of minor children includes periods of incomplete labor day.

Due to amendments to the legislation of the Russian Federation, accounting will have to recalculate before that time and after. With its lack there are old rules, otherwise the permanent period of work is taken into account.

It is necessary to pay attention to the nuances that will not allow to interrupt the experience:

if it is necessary to break the labor agreement in order to get a new job, it is recommended to issue a vacation initially (it is better not to dismiss at once). So citizens are entitled to start fulfilling their obligations at a new place from the next day and not stop the experience. When dismissing over 1 time per year, the period is automatically taken to be intermittent;
if the childcare leave is decorated up to 3 years old, but there is a desire to go to work - it can get a husband to acquire benefits. Upon completion of the employment contract of a pregnant woman, the employer must extend the decret, since dismissal is possible only when liquidating the company;
in the bankruptcy of the enterprise during the decree, the 3-year period is included if the woman was registered with unemployment. At the same time, the exchange did not provide a new job, otherwise it can be interrupted. It is necessary to get up on it immediately after the breaking of labor relations;
the new employer is obliged to officially employ in a 30-day period, since at this time the experience is still continuous.

Despite the simplified procedure for calculating in 2018, there are some areas where it is determined by outdated rules.

Often, labor experience is not interrupted after dismissal, but not taken into account:

sending someone from a member of the family of military personnel for training in domestic or foreign universities - if the period from the end of education to employment is no more than 2 months;
a break in seasonal variety of work, if a contract signed and an employee worked last year and returned to it.

In these situations, the continuous period is not taken into account.

When is the work experience after dismissal at one's own accord?

Continuous experience after dismissal at your own request is 30 days.

The term of the experience after dismissal by agreement of the parties

According to the legislation of the Russian Federation, the period is 3 weeks - in the case of mutual consent.

First, it is necessary to figure out what is considered continuous experience in terms of the legislator. Taking into account the existing norms of law, the employee's experience will be continuous if the lack of employment period between the two works does not exceed the regulated period. But it is necessary to consider a number of features when calculating the length of the experience without a break:

Even if all the deadlines are observed, i.e. The employee quickly found a new place of service, but he had several such dismissal receptions for the year, the experience would still interrupt
If the employee quit and immediately hesitated to another job, but some misconduct (the so-called dismissal under the article) will be the foundation of dismissal in labor).
There are cases when an employee is forced to quit over the year and one and two times not in his will, and because of the need to care for his child, such an employee will not interrupt

The legislator provided some benefits for those employees whose experience for many years is continuous. For instance:

Regular surcharges to the main salary at the civil service
Higher Social Payments
Opportunity to receive a number of benefits
The right to premiums and additional leave for service

What break does not break continuous experience

Continuous experience after dismissal at your own will not be interrupted if the dismissed will be able to recover again for 1 month.

Attention: For residents of the Far North, the term between employment, not interrupted experience, is 2 months.

From this rule there is an exception: the continuity of the experience is preserved if the cause of the work loss was:

Reorganization of the company with a reduction in posts / staff
Full liquidation of the enterprise and all jobs
Period of temporary disability

Cases of conservation of the continuity of the experience regardless of the interruption

The employee was forced to quit from the previous place of work in connection with the translation of the spouse / spouse to another locality
The employee quit the previous place of work in connection with the onset of the regulated period of retirement

What is fraught with a break in labor activity

If there is no valid reason that would explain why your experience was interrupted more than 1-3 months, your length will be interrupted. Consequently, the hired worker, not employed on time, will lose their rights to a number of benefits until he succeeds to work again and work so much that the magnitude of the continuity of the experience reached the desired value.

Please note: the continuity of the work experience is relevant for those employees, which make up the appropriate benefits, have surcharges, are endowed with compensation for long service.

The desire to certainly keep continuous experience after dismissal at your own request forces many to first find a suitable place of work and make sure that it is definitely employed after dismissal, but only then apply to the office appropriate statement.

A guarantee that you will be taken to a new job may be an official letter of a new employer on his branded letterhead with information that they are willing to accept this particular employee (indicate the name and date of birth) with translation from the previous job.

This paper should be given to your employer when dismissing, so that the basis of the termination of the contract was transferred to a new job. Then you will not lose any working day. Carefully examine the rules for transferring days of earned vacation.

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