How do you quit your job? How long does your seniority last? Continuous service after voluntary dismissal: why is it needed?

Work experience (TS) is the period of duration of a person’s official work activity. As of 2018, 22% is deducted from every “white” or official salary of a Russian. Thus, it accumulates a certain amount and upon crossing the retirement age line, the working person will receive a pension.

TC is time spent on work or useful social activities. The size of the pension directly depends on it. Previously, in order to receive a pension, it was necessary to officially work for at least 5 years. Now the Russian government has decided that by 2024 this time should increase to 15 years. Thus, from 2014 to 2024, +1 year will be added to the minimum length of service.

Note! The size of the working period of activity indirectly affects the amount of the pension. There are also sites that provide online calculators through which you can calculate the size of your pension.

What is continuous service?

The first mentions of continuous transport were recorded at the legislative level back in the days of the USSR. Some facts:

In April 1973, an important statement was issued that applies in the territory Russian Federation to this day: continuous TC will be accrued exclusively for official employment with the presence of a work book.
In case of dismissal, change of institution or enterprise, an interruption occurs.
The amount that will be paid to the employee during the period of incapacity, that is, while on sick leave, also has a direct dependence on the permanent length of service.

Retirement

What are the differences between the species?

Continuous and general are different things and should not be confused. Total experience is the total number of years spent in labor activity at any enterprise with an official structure through a work book.

Important! At the legislative level, there are no breaks between work activities at different enterprises while maintaining continuous length of service.

Thus, even if the employee was fired, and after a couple of days got a job, his work experience is considered interrupted. There are also exceptions in the form of forced absence from work, for example, illness or significant circumstances incompatible with work. Also, maternity leave is not a reason to break continuity.

Labor Code RF

Definition of continuity

What length of service is considered continuous? If a person works at one enterprise, in one company or in one institution without changing jobs, then his service is uninterrupted. Also, the Labor Code of the Russian Federation stipulates at the legislative level that every resident of the Russian Federation can work two or more jobs. If a citizen quits one of his jobs and remains working in another, then there will be no interruption. Thus, if a person has been working at least one job for a long time, this will be a continuous working period.

Worth knowing! A promotion or change of position within a company or institution does not interrupt the continuity of service. Therefore, if an employee is going to be appointed to someone higher in position, then he should not be afraid of this due to the termination of continuity.

When is service considered interrupted?

For the length of service to be considered interrupted, a person needs to quit one job and spend more than a month looking for and getting another job.

What kind of break in work does not interrupt the length of service? Each citizen of the Russian Federation is given 30 days to look for a new job from the moment of dismissal so that their work experience is not considered interrupted. There are some exceptions made for a certain number of people. According to them, the length of service can be considered uninterrupted for 2 or even 3 months after dismissal from previous place work. So, 2 months are given:

for workers of the Far North;
for those who worked in Russian organizations who are abroad;
for workers of foreign enterprises with which the Russian Federation has an agreement on social security.

the employee was laid off, the enterprise was liquidated or reorganized;
the person has become temporarily disabled;
the employee was unable to work due to his health condition, as a result of which he was fired;
teacher primary classes lost his job because the number of students decreased.

What are the acceptable standards for maintaining seniority?

Russian legislation establishes that:

There is no interruption if a citizen, after dismissal, finds and gets a job within a month new job.
If a person at will, without an explicable reason, stops showing up at work for a certain period of time, the service will be considered interrupted.
If the employee warned and explained the reason for absence on a certain day, then continuity is maintained. This also includes the situation with maternity leave or sick leave.

Work book of the employee

How to calculate the time of continuous service according to the laws of 2018

To calculate the amount of accrual that will be paid in case of maternity leave or sick leave, you just need to pick up your work book. For a faster and more accurate calculation of length of service, you can use a calculator or an Internet program that is designed for such operations. To calculate, you need to subtract the date of employment from the date of dismissal.

In this way, the number of years, months and days spent in labor is calculated. If the break between the first and second work is less than a month, you need to carry out the same operation with the second term. After that, add to the first and get the total number of hours worked. When making calculations, you need to rely on the fact that there are 30 days in a month, and 12 months in a year.

Sick leave in 2018

An employee leaving on sick leave

A break in work such as sick leave does not interrupt your work experience. For the calculation of hospital benefits, only the insurance period can mean anything.

Note! At the time of going on sick leave, the person will be paid the funds that were paid into the insurance fund. Money can be transferred there only during official employment through a work book. At the same time, the number of months when working at an enterprise does not play a big role.

What threatens continuity during dismissal?

If a person quits of his own free will, then continuity is maintained for a certain period. At the legislative level, more precisely, in Article 17 of the Labor Code of the Russian Federation, it is established that given period equals 3 weeks. That is, the employee has the opportunity to get a new job for safety length of service within 21 days.

Important! 3 weeks are given only in case of unjust cause for dismissal. If the employee left his workplace due to reasons that are incompatible with this particular workplace or for another valid reason, he may have time to search in the amount of 30 calendar days.

It is also necessary to mention the fact that if a person changes jobs more than once in a year, then continuity cannot be maintained. Therefore, after changing jobs, a person will be required to work there for more than 12 months to maintain his seniority, otherwise it will be interrupted.

Does continuous service have an impact on pension payments?

Back in 2007 Russian government found that continuous service does not in any way affect the amount of the pension. The situation is similar to sick leave. The amount of pension payments can be affected solely by insurable work activity.

Important! All that affects the amount of the pension is the employee’s salary. During his life he works, 22% is deducted from each monthly salary. They go to the Pension Fund of the Russian Federation. Thus, the greater the employee's salary during his working life, the more he will receive in payments upon reaching retirement age.

It is also worth understanding that much of the pension amount depends on the employer. A person with more continuous years of work will receive a higher salary, that is, the number with 22% will be higher. It can be decided that continuity professional activity indirectly affects the size of the pension. However, 22% is paid by the employer from the “white” salary. For this he must have labor card employee, as well as a fixed salary in the contract. If an employee receives a so-called gray salary, then the employer can contribute Pension Fund at least 5%. As a result, upon reaching retirement age, a person will receive extremely small pension payments.

The impact of insured work on pensions

What depends on continuous work activity?

So, almost the only thing that is influenced by continuous work experience is the amount of salary. If an employee has worked in a certain organization, for example, for six months, then he is due a salary increase.

Also, if an employee has maintained continuity while moving between different businesses or organizations, his salary will be significantly higher than that of a person who does not have such a privilege.

Again, we can recall Article 17 of the Federal Law. According to this document, continuous work experience can be used to calculate payments during temporary disability. But, as mentioned above, to determine the amount of payments at the time of 2018, most often it is not the continuous period of work that is used, but the insurance period.

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

However, in 2006, the Constitutional Court of the Russian Federation recognized the provisions of legal acts of the USSR as contradictory to the Constitution of the Russian Federation, according to which the right to receive benefits and its amount depended on the length of the employee’s continuous work experience (clause 1 of the Constitutional Court of the Russian Federation of March 2, 2006 N 16-O) . As a result, it came into force on January 1, 2007 the federal law N 255-FZ “On mandatory social insurance in case of temporary disability and in connection with maternity”, in accordance with the provisions of which.

From continuous work experience to insurance

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

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

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

We will tell you in this material what continuous work experience affects and what benefits it gives when calculating the amount of a pension. In the meantime, let's figure out what kind of legal concept this is and what its legislative meaning is.

Surely, many of you remember that such a norm existed back in the days Soviet Union. Then continuous working age was associated with the right to receive special benefits and an increased pension. But a lot has changed since then; back in 2002, a pension reform was carried out in Russia. IN this moment a norm of this kind is preserved only if, after dismissal, you took the same position, but at a different enterprise.

What is it, how to calculate it

In order to maintain continuous work output when leaving voluntarily, you need to get a job in a maximum of a month. Two months to find a job are given to people living in the far north of the country if their work previously meant staying outside the state.

You can also remain in the status of unemployed for sixty days without loss of continuous work experience Foreign citizens, if a social security agreement was concluded with their country during this time. The law provides for the preservation of NTS (continuous work experience) for three months for those employees who lost their jobs during the downsizing or reorganization of the enterprise. The main difference, as you understand, is the reason for changing jobs.

If it is forced, as an example, we can cite the situation with primary school teachers who are forced to look for new jobs due to a reduction in the number of students - the state is ready to provide a citizen with funds for up to three months. If the decision to leave work belongs to the citizen, he is given only one month on the condition of maintaining continuous work experience. Remember that continuous work experience is maintained if the break is no more than three months.

Work experience, continuous experience

The duration of the NTS has not affected the size of the pension for some time. Many Russians still think that in the following cases (with a large NTS) they have the right to calculate a special pension benefit. Although such a norm has already lost force, the size of the pension depends on the insurance output. Since the length of service is preserved if the break is not more than three months (meaning only NTS), most Russians do not have such a privilege, especially in modern realities, but do not lose the right to pension benefits.

Continuous work experience: what does it affect?

After we figured out what NTS is, it’s time to tell why it is needed. At the moment (2016) there are a number of cases in which the calculation of not only the insurance period, but also the NTS is used. For example, with continuous experience, you can count on a salary increase and even additional leave.

What does it mean when calculating the amount of a pension?

Do you want to know why labor production is needed? The characteristics of the innovations made it have virtually no effect on the size of the pension. We are often asked about continuous work experience, what it affects and how not to lose it. Now that you know all this (including how to calculate the NTS yourself), you can calculate your continuous insurance period on your own or using online calculators.

In medicine, for example, studying in senior courses, especially with practice, is included in the experience. The differences with other professions are not so great. The NTS includes everything that is considered work under the law and is included in the general one. The abolition of some norms has led to the fact that the question of why length of service is useful and important has become the subject of great speculation. Some even said that NTS should be in order to receive a minimum pension, others said that for women, having such experience guarantees receiving a loan. Now you know the truth.

Why is it needed?

In short, to receive preferences. In some cases, you can get more flexible vacation periods; For civil servants, having an NTS is a positive factor on their resume. Breaking the NTS will not deprive you of your pension benefits; if the NTS is interrupted, you still have insurance, which is much more important.

How to calculate continuous work experience using a work book calculator

Many people are interested in the question: how to calculate/calculate continuous work time using a book? More than one essay has been written on this subject, and they have even created a special online calculator on the Internet that can calculate NTS using data from the book. But in addition to modern tools, you can also find instructions on the Internet for calculating NTS from the times of the Soviet Union. You shouldn’t use it; Russia has completely different legal norms.

So how can you calculate NTS and not make a mistake? You need to calculate it manually; even if there is a calculation program on the Internet, it can only give you approximate results. Counting must begin with the first entry in the book. In order not to get confused when and where you moved, make it a rule to count every thirty days as a month, and twelve months as a year. The procedure is as follows: write down all periods of work from the work book on a separate sheet of paper. Count the number of days, months and years in each of them.

Remember that one interruption means the loss of NTS in the specified period, but for the purity of the experiment, count everything. It would be a good idea to calculate your total length of service, taking into account all jobs and positions held. A few subtleties about the calculation. Remember that the rules are that the day of dismissal is also considered a working day. There is even a special article about this in the law. The Code of the Russian Federation provides that when making such calculations, only one unit (the day of hiring) must be subtracted from the total amount of working days.

Does it exist now and does it matter?

It has, but not the same as before. The Code of the Russian Federation stipulates that in order to calculate pension benefits, the presence of so-called insurance experience is mandatory. The legislation abolished the rule that provided for determining the number of days, months or years of the NTS as the basis for calculating the amount of the pension.

As we said above, NTS for people in case of disability is calculated differently. They are given three months to recover, benefits in payment medical services are not provided, which is reflected in the publication Russian newspaper. You can find out whether military service is counted and how the NTS calculates it for sick leave by contacting the pension center. Its employees know all the innovations and will tell you about them.

Calculation program

There are indeed counting programs on the Internet, but be careful, pay attention to the year of their release. An employee whose activity was terminated when calculating the NTS must take into account not only the period of unemployed status, but also the reason for dismissal, the existence of a contract, and so on. According to the Code of the Russian Federation, the duration of a citizen’s sick leave and the presence of disability are also important.

To preserve the NTS, we advise you to quit only if you already know where you are going to get a job. Current legislature gives the employee the opportunity to look for a job for a month. But paying insurance premiums you will keep your general pension for this time, and it affects the size of your pension. Special conditions apply for disabled people. One way or another, after a three-month period (maximum), you will lose the right to benefits provided to owners of an impressive NTS.

Changing jobs is a common occurrence in modern society. In the process of moving from company to company, many citizens try to maintain previously earned work experience.

This is done so that in the future, when the need arises to receive cash payments for temporary disability, to calculate length of service, or to apply for a pension, the duration of continuous work and the availability of the corresponding length of service will be correctly calculated. Our article will tell you when work experience is interrupted after dismissal.

Before starting to consider the nuances of labor continuity, it is advisable to decide what it is. Until 2007, the concept of “work experience” was used in Russia, but then other legislative norms came into force, which replaced this concept with “insurance period”.

Why do you need experience?

But if we consider them on their merits, these are the periods of time when an employee fulfills his functional responsibilities, and when changing employment (company where he works), the break between the day of dismissal and subsequent hiring should not be more than the period specified by law.

Classically, the break is agreed upon for a month. But this duration can increase and decrease. It all depends on the citizen’s working conditions and the article under which he was fired. In particular, the law provides for conditions when there are no periods at all after dismissal, allowing the length of service to be considered continuous. These include:

Dismissal that took place on the initiative of the employer, due to the employee’s violation of functional duties.
Termination labor relations with an employee due to absenteeism.
When an employee was dismissed under an article for theft of company property.
Termination labor agreement with a worker who showed up at work in a state of intoxication (alcohol, drugs).
Other gross violations of labor discipline (for which there are articles for dismissal).

Certain periods when the employee did not actually fulfill the tasks assigned to him labor functions, but he retained his job, are considered continuous service for all types of calculations. These periods include:

service in the ranks of the armed forces of the Russian Federation;
periods of pregnancy, in women;
when an employee is sent by an enterprise to advanced training courses;
on-the-job training in various educational institutions.

Remember, if an employee was fired “under an article”, the gap in length of service taking into account work activity will begin to be calculated from the next day following the dismissal. Proof of this will be the corresponding entry, which will be recorded in work book.

What does continuity of experience affect?

Now that we have the concept of length of service, it is advisable to consider why it is necessary to maintain its continuity and why it is important to ensure that length of service is always taken into account continuously. Regarding continuity, it should be noted that there is a direct dependence during the calculation of the due cash benefit. Depending on the length of service, the employee will receive:

100% of average monthly earnings when continuous operation is over 8 years;
80% is paid when the employee has accumulated from 5 to 8 years of continuous work experience;
60% will be paid to employees who have worked for over a year (up to 5 years inclusive).

Experience affects the amount of sick leave payments

The next point, which directly depends on the amount of labor baggage a citizen has, is the size of his future pension. You need to understand that a change in the concept of length of service in insurance took place in 2007. Therefore, citizens who began their working activity before this turning point and continue it now will benefit from both new legislation and old laws.

If previously pensions were affected by all periods when a citizen performed labor or socially significant functions, today, in order to receive a pension, it is necessary to pay insurance premiums for a certain number of years. This is the main fundamental difference between labor and updated insurance experience.

Remember, the main document that serves as the basis for calculating seniority is the employee’s work book. Regarding the calculation of the insurance period, the main role here is played by the availability of monthly insurance payments directly to the Pension Fund. They must be carried out by the employer.

We should also not forget that in some government institutions continuity of work experience directly depends on the calculation of additional payments related to length of service. Interruption of length of service means the beginning of the calculation of the period for calculating these payments from the date of last employment, if the reason for the gap exceeds that provided for by law or the previous dismissal occurred under an article that does not provide for the possibility of maintaining the period of time allotted for searching for a new job.

What is the length of service?

All available in various laws and issued on their basis regulatory documents The concepts of seniority can simply be divided into 4 main categories.

Category	Definition
Total work experience	The entire actual (including breaks) period when the citizen performed socially significant useful actions that are fixed at the legislative level. This is the performance of any paid or creative work, service in government agencies, individual entrepreneurial detail, and other periods determined by law that are considered part of the length of service.
Special experience	This includes periods of time (including breaks) when a citizen performed socially significant labor functions in certain positions, under special (different from normal) conditions of activity, or had a special status. Examples - service in armed forces, work of disabled people of groups 1 and 2, work of prisoners beyond the period prescribed by the sentence.
Continuous experience	They include all periods of time when an employee, without breaks (or their duration should not exceed the period established by law in each specific case), performed labor functions in one company (in different positions) or in several enterprises.
Insurance experience	The time interval when insurance contributions are paid for an employee directly to the Pension Fund in order to create the proper level of pension coverage for him in the future. The concept was introduced in 2007 and is just beginning to take root.

It is worthwhile to dwell on the procedure for calculating length of service for various periods of performance of work functions. For certain working conditions, work experience can be calculated using increasing factors. The increased coefficient will be used to calculate:

one and a half times the rate if the citizen worked in the Far North or equivalent areas;
double the amount when performing military service (conscription), labor activity in anti-plague institutions, leper colonies;
in triple the amount when military service is carried out during hostilities, illegal stay in places of deprivation of liberty, illegally repressed citizens, and over time, rehabilitated.

Remember, the calculation of the general, special, continuous period of work is carried out by summing up the time of actual work in the company, taking into account the time intervals provided by law for the period of job change.

When the length of service remains uninterrupted

Now let’s talk directly about the deadlines that are determined by the legislator for the possibility of changing jobs and are not considered an interruption of work experience.

All deadlines can be identified in the following sequence:

Three weeks. The employee terminates the employment relationship on his own initiative, but does not have any valid circumstances or reasons.
Month. Leaving work is carried out at your own request. There is a reason why you need to change the company either by agreement of the parties to the employment relationship.
Two month. Designated for workers of the Far North or areas equivalent to it to find a new place of work.
Three months. Here the employee is fired due to staffing or due to the liquidation of the company. The same amount is allocated for the spouse to find a job if the other spouse was transferred to work in another area and the whole family moved.
Six months. Allocated to employees of the government or the State Duma of the Russian Federation to find a new job.
One year. Contract uniformed military personnel after the end of their contract period.
Without any time restrictions. This category included veterans (combatants) and military personnel with more than 25 years of military experience.

The serviceman's service is not interrupted for a year after the end of the contract

If it is necessary to increase the time interval for selecting a new job or to reduce the gap between dismissal and new employment, it is advisable to take a vacation, the last day of which will be dismissal. This allows you to have maximum freedom of action to choose a new job. You will still be listed as an employee of the old company, but you already have a properly executed work book.

The legislator has provided for cases when the accrual of seniority does not stop upon the actual termination of the employment relationship. This included:

cancellation of an employment agreement with an employee who has a child not older than 14 years (if the child is disabled, then up to 16 years old) for the entire period until the children reach the agreed age;
for the entire period of maternity leave;
after the citizen has received a legal pension;
if the dismissal occurred in regions with high unemployment rates;
when a previously illegally dismissed employee was reinstated;
if the worker was involved in performing public works with payment.

Remember, if a citizen quits his job more than once during a calendar year on his own initiative, all subsequent periods after the initial dismissal will not be counted in the process of maintaining continuous service.

How interruption of service depends on the reason for dismissal

The impact on the time period when a citizen actually remains unemployed, but the time is counted towards continuous work experience, is direct. In the classic case of leaving work (by agreement of the parties, at one’s own request, if there are reasons for dismissal), the law sets a one-month period for finding a new job after dismissal. The same period is allotted to an employee who transfers, by agreement between employers, from one company to another.

A little more given former employees enterprises located in the regions of the Far North (two months), as well as those who lost their jobs not on their own initiative, in particular due to layoffs (three months).

You should look for a new job in advance (while you are still on staff at the old company).
To increase the search period, you can use vacation from subsequent dismissal.
If an employee is on leave without pay wages, his work experience is also not interrupted, but the amount of time to find a new job increases.
If you find a new job, it is advisable to resign by transfer (you are guaranteed to be accepted at the new place of work) or by agreement of the parties (this allows you to resign without working off).
If you have been laid off but have already found a new job, you should not wait until the warning expires. Based on your application, the employer may dismiss you by reducing the previously agreed period.
Women on maternity leave, even if the company is completely liquidated, retain their seniority until the baby turns three years old. But to do this, having received a document on the liquidation of the company and dismissal, they are required to register with the Employment Center.

Remember, in order not to interrupt your work and insurance experience during the period of changing jobs, it is advisable to use all available opportunities in the process of preliminary searching for a suitable company for the transition.

Watch this video about continuous experience:

How to count

Considering that for many civil servants, continuity of service directly affects the level of length of service, as well as the income calculated for this, it is very important to maintain it. It is necessary to understand how it is calculated.

Typically, the basis for calculating continuity is the following documents:

payroll records;
military ID;
certified copies of dismissal orders;
certificates confirming the period of employment relationship.

The fundamental document used for calculation is the work book. Here all records of dismissal and subsequent employment are taken as a basis.

Remember, continuity of service is calculated not from the date of filling out the work book, but from the date of termination (start) of working cooperation indicated in the dismissal order. Therefore, it is very important that this time interval does not exceed the gap allowed by law for a specific category of workers (employees).

When a citizen exercises the right to use an increasing coefficient in the process of calculating length of service, this norm applies exclusively to the period of work (service) under conditions that give the right to such a privilege. It ends simultaneously with dismissal.

Further calculations are made according to general rules. If until the moment of new employment the period allocated by law for new labor cooperation is not exceeded, the previous work experience will remain uninterrupted.

Calculation of the period between dismissal and new employment for civil service for military personnel is carried out using a military ID (further according to a work book). The basis for the calculation is the dates of termination of service and enrollment in the reserve indicated in the dismissal orders.

In the process of calculating work experience, time intervals calculated in years, months and calendar days are taken. Hours and minutes are not taken into account when calculating.

Do you need experience, watch this video:

Form for receiving a question, write yours

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

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

Service in the ranks of the Russian Armed Forces.
Periods during which women dismissed from the RF Armed Forces or the KGB due to pregnancy or the birth of a child received appropriate benefits, provided that they returned to work before their child reached 1.5 years of age.
Completion of advanced training courses, if this was preceded by service in the ranks of the FSB, KGB, Armed Forces or Ministry of Internal Affairs.
Studying in schools and vocational schools, if the break between receiving a certificate (diploma) and finding a job does not exceed 3 months.
Industrial practice or work while studying at a university or secondary school.

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

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

Thus, work and insurance experience are two different concepts, and the first one can be significantly larger than the second one. Many people are interested in when the length of service is interrupted after dismissal? There may be several cases here:

The employee was dismissed at the initiative of the employer for gross violation: came to work drunk, committed theft or intentional damage to the organization’s property, etc.
If the employee does not get a new job within one month after leaving his previous job.

At the moment, continuous length of service has no significance for the calculation of pensions and benefits, because For this purpose, the insurance period is used - the periods of transfer of insurance payments. In some cases, to calculate the insurance period, specialists have to compare it with the labor period, and if the first one turns out to be less, then the amount of benefits will be calculated based on the continuous one.

Now let’s talk about whether seniority is lost when you resign at your own request. According to the law, in such cases the following rules apply:

If an employee quits voluntarily without a valid reason, then in order to maintain continuous work experience, he must get another job within three weeks.
If an employee resigns due to employment in an organization located in another city/country, then the break should not last more than 1 month. The same applies to the transfer of his wife to another city.

Also, work experience is preserved if a woman is pregnant, is raising children under the age of 14, or has a disabled child until he or she reaches adulthood.

Definition of the concept

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

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

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

Continuity of work experience after dismissal

Sometimes situations arise when, after dismissal from an organization, subject to subsequent employment, the length of service is not interrupted, because periods of involuntary unemployment are not taken into account:

Liquidation of an enterprise or reduction of staff: here nothing depends on the employee, and employment contract terminated due to circumstances beyond the control of the parties.
Transfer of State Duma deputies or persons undergoing military service to another city in connection with their professional activities.
The interval between retirement and subsequent employment.
Job loss in areas with high unemployment: administrative districts closed type, remote duty stations.
Termination of employment due to an erroneous medical report prohibiting continued work, or due to an unfair conviction with subsequent reinstatement.
Involvement in public works subject to payment.
The presence of a citizen in places of deprivation of liberty, subject to reinstatement at work in connection with the acquittal of the court and the dismissal of charges.

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

At your own request 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 good reasons, or by agreement of the parties - 1 month.

In addition to the rules for determining continuous work experience after voluntary dismissal, in 2016 there are other deadlines for cases of forced termination of employment relations in relation to certain categories of citizens:

Those serving under a contract in the RF Armed Forces – 1 year.
Military personnel 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 continuous medical experience after dismissal, it is calculated in exactly the same way as insurance, i.e. it includes only those periods during which insurance premiums were made. In some cases, the conditions for maintaining seniority may be specified directly in the organization’s local regulations, but they are usually drawn up on the basis of the old Rules for calculating seniority, which have lost legal force.

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

How to calculate continuous work experience upon dismissal?

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

Employment contract and book
Military ID.
Salary sheet.
Certificate from the place of work.

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

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

Accountants definitely need to know how many days after dismissal the length of service is interrupted, otherwise it will be impossible to calculate the amount of various compensations, and in case of incorrect calculation, the dismissed employee may require clarification from the Federal Social Insurance Fund of the Russian Federation or the Ministry of Labor.

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

If you need to resign voluntarily for employment for more profitable job, it is best to take a vacation followed by dismissal. Thus, a citizen has the right to begin performing work duties in another organization the very next day after the end of the vacation, however, if he has already quit more than once in 12 months, the length of service will be considered interrupted.
If a woman is on maternity leave for a child under 3 years of age and wants to go back to work, her husband can take 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 enterprise is liquidated, then while on maternity leave, the length of service will include a period of up to 3 years, provided that the employee was registered with the Employment Center, but could not get a suitable job.
If an employee resigns due to transfer to another organization, the new employer is obliged to employ him within a month: this is the period of continuity.

Read also: Order to increase wages - sample

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

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

Studying in graduate school, clinical residency, university and secondary educational institution, if the intervals between their completion and employment do not exceed three months.
Sending family members of military personnel to work or study at enterprises in the USSR or abroad, if two months have not passed from the moment of completion of studies to entering work.
A break from seasonal work, provided that an employment contract was concluded and the employee worked the entire last season and returned to work within the agreed time frame.
If the employee was involved in correctional work at the main place of employment without imprisonment.

What could be the consequences of interrupting your work experience?

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

If until 2007 continuous experience was of great importance, now most calculations are made on the basis of insurance experience. That is why those who do not receive compensation for long service and were employed after the entry into force of the Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” have nothing to worry about, because when calculating payments and compensations, only calendar periods for making insurance contributions will be summed up.

Rules for maintaining and calculating continuous work experience

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

More information about whether maternity leave for teaching experience via this link.

What is continuous work experience?

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

The concept of “work experience” is collective for three types of work experience. In law social security The following types of work experience are identified:

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

Each of these types of work experience has different legal consequences. The difference between continuous work experience and special and general work experience lies in its content. The components of continuous service include only work activity. An exception to this rule is the inclusion in the continuous work experience of the time spent on urgent work. military service, as well as parental leave for children up to 3 years old.

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

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

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

Under what conditions is work experience maintained?

Maintaining continuous work experience depends on the circumstances surrounding the employee’s dismissal.

Read here how length of service is taken into account when calculating pensions.

Continuous work experience after dismissal at one's own request is maintained subject to employment 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 dismissal involved being outside the Russian Federation. Also, foreign citizens can remain without work for 60 days when their home country an agreement was concluded on social provision during this time. For employees who have lost their jobs due to downsizing or reorganization of the company, continuous work experience is maintained for 60 days.
The period for maintaining continuous work experience is extended to 90 days if the employee’s dismissal was forced. An example is a situation where primary school teachers quit due to a decrease in the number of students.

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

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

Continuous work experience will remain in the following cases:

if a person, after retirement due to length of service, resumes working activity;
upon dismissal from service of military personnel located in a zone of military conflicts on the territory of other countries;
if the dismissal of a parent employee is due to the need to care for a child infected with HIV (with the condition that when the child reaches 18 years of age, 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 maternity leave, her continuous work experience will be maintained. But in Russian legislation there is no information about whether continuous service is maintained when a woman goes on maternity leave. Lawyers argue that continuous work experience is maintained, since the woman remains employed, despite the fact that while on maternity leave she is engaged in family affairs and not in performing official duties.

The video talks about confirming work experience

How is work experience calculated?

When retiring in old age and upon subsequent entry into work, the time of interruption in work activity is not taken into account for calculating continuous work experience. It is quite difficult to independently calculate the total length of service, because... Sometimes accuracy up to one day is important. If the employee’s insurance experience is more than eight years, then it makes no sense to calculate the work/insurance experience, because the benefit will be equal to 100% of earnings.

During the existence of the Soviet Union, continuous work experience was especially important when calculating pensions. He guaranteed 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 pension calculation was changed. Now, to calculate a pension, continuous work experience is no longer required. The size of the pension depends on the constant insurance accruals 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 than it was in the USSR. The Labor Code says that continuous length of service is counted only when the employee worked in a specific organization. Continuous work experience includes the labor activity of an employee, which he carries out after dismissal while maintaining his profession, subject to compliance with 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, work periods at the new place of work will be counted only if all legal requirements for the terms provided for employment have been met.

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

How long does your work experience last after dismissal?

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

Correctly calculating this value is a major challenge for HR employees. At the same time, the general work time may be interrupted.

As a rule, such breaks are associated with a job change. After all, between dismissal from a previous place and employment in a new place, it always takes certain time.
In some cases, these periods are counted and included in the total continuous length of service.

Read also: Employment contract with the employee

When is the length of service interrupted according to the Labor Code of the Russian Federation?

This value remains the same if the break was 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 hire at another location.

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

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

dismissal at the initiative of the employee himself. As a rule, this is cessation of work activity at one’s own request;
dismissal due to negative reasons. This could be a violation of production discipline, committing a gross disciplinary offense or committing a crime. In any case, the initiator of termination of the relationship is the employer;
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 continuation of the period or its interruption directly depends on the reason for the termination of relations with the employer.

When is employment 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 contract is terminated without good reason at the initiative of one of the parties, the employee has one month to find a new place. If he does not find a job after a month, his work experience will be interrupted;
when working in the northern territories or abroad, the person receives two months for new employment.

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

When the length of service is interrupted after voluntary dismissal

The above situations also apply to the facts of termination of legal relations with the employer at one’s own request. That is, the person who quits has one month left. At this time, the period is maintained.

Even if the employee does not get a new job within several months, the specified one month will still be classified as working time. After the specified month, the work experience will be interrupted.

When the length of service is interrupted after dismissal at the initiative of the employer

Dismissal at the initiative of the employer means that a person has committed a gross misconduct. It is this kind of misconduct that becomes the basis for dismissal. Therefore, there is no reason to provide time to search for a new place while maintaining the working period. After all, the face has violated labor discipline or otherwise demonstrated inability to work in the previous place.

In this case, the length of service is interrupted immediately after dismissal. And it will resume only after receiving a new place.

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

Is the length of service retained when applying to the labor exchange after dismissal?

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

Thus, there is no reason to maintain the working period. Therefore, the employee receives only the one or two months due to him after losing his job. The exception is cases of termination of the contract at the initiative of the employer.

In this case, the period remains 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 allowed by law.

What length of service is considered continuous?

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

Continuous work experience

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

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

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

IN individual situations it is possible to include in this period the time of previous work or other socially useful activities.

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

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

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

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

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

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

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

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

In what cases is work experience considered continuous?

The period of service remains uninterrupted when the break in work was no more than 3 months for the following cases:

citizens dismissed from organizations when they are closed or employees are laid off;
after the period of temporary incapacity for work has ended. due to which a person was fired from his previous place of work or in the event of termination of work at his previous place due to disability. In such situations, a period of 3 months is calculated from the moment when the ability to work was restored;
when a citizen was dismissed as unsuitable for his position positions;
if a teacher teaching in primary school, relieved of his duties due to the transfer of 4 classes to a form of systematic teaching or in a situation of temporary reduction of students;
when an employment contract with a pregnant woman or mother is terminated. who has children under 14 years of age or children with disabilities under 16 years of age, until the child reaches this age, the length of service when applying for a new job remains uninterrupted.

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

if the employee quit of his own free will due to the fact that the spouse was transferred to work in another region;
after an employee leaves due to retirement or upon dismissal of pensioners due to age and other circumstances.

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

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

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

The period of service is continuous when:

a citizen is studying in higher or secondary educational institutions. graduate school or residency, 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 if the period of time from return to employment does not exceed 60 days;
for seasonal workers who have worked for one season. who have entered into a contract to work in next season and who began performing their duties within the agreed period (applies to industries where seasonal work time is allowed to be summed up);
treatment time in dispensaries in the situation. when the duration of the break between the end of treatment and registration for a position is no more than 30 days;
serving at the place of work correctional labor (only provided that the citizen was not deprived of liberty).

Important. In the listed cases, the length of service will be considered uninterrupted, but the gap in work will not be counted towards it.