Intermittent and continuous experience. Continuous work experience

Continuous length of service is a definition that directly relates to the calculation of permanent official activities of employees. When citizens worked officially, and the time intervals between changes of employer are within the limits permitted by the legislation of the Russian Federation.

The length of service in 2018 is determined according to generally accepted rules, as before: to be able to maintain it, no more than 1 month should pass from the date of termination of the employment agreement and subsequent conclusion with a new employer.

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

In such a case, the period will not be lost, since the disease is considered to be a significant cause and it is enough to confirm the treatment with a certificate of incapacity for work.

Continuity terms

There are situations due to which the period at the break labor relations will not be interrupted, since forced downtime is not taken into account:

bankruptcy of the company or reduction in the number of employees (in this case, nothing depends on the worker and the contract is canceled due to unforeseen circumstances);
transfer of civil servants or persons in military service to another city according to the nature of their activities;
job loss in populated areas with high unemployment rates;
wrongful dismissal due to medical errors;
public types of work for a set fee;
being in prison with further reinstatement due to an acquittal.

Continuity of service upon dismissal directly depends on the type of severance:

by mutual agreement of the parties, the duration is 3 weeks;
because of production needs in workforce reduction – 3 months in case of reorganization or liquidation of the company;
by mutual or personal consent – 1 month.

In 2018, there are other periods for situations of forced cancellation of an employment agreement for some citizens:

at contract service– period 12 months;
if military personnel have 25 years of service - continuously;
civil servants – six months.

Continuity of service for doctors is calculated in the same way as insurance. It includes only the period when all required contributions were paid.

How to calculate continuous work experience upon dismissal?

contract of employment;
salary settlement documents;
certificate from the employer.

In some situations, records from archival companies may also be used. Except main work The one that was part-time is also taken into account, and the calculation was carried out in days.

If a woman has minor children, her work experience includes periods of part-time work.

Due to amendments to the legislation of the Russian Federation, the accounting department will have to recalculate before and after this time. If there is a shortage, the old rules apply, otherwise only the permanent period of work is taken into account.

You need to pay attention to the nuances that will not allow you to interrupt your work experience:

if necessary, terminate the employment agreement in order to get a job new job, it is recommended to take a vacation initially (it’s better not to quit right away). Thus, citizens have the right to begin fulfilling their obligations in a new place from the next day and not terminate their service. If you are fired more than once in a year, the period is automatically considered intermittent;
if parental leave has been issued for a child up to 3 years old, but there is a desire to go to work, the husband can receive it in order to purchase benefits. Upon completion employment contract a pregnant woman, the employer is obliged to extend maternity leave, since dismissal is possible only upon liquidation of the company;
in case of bankruptcy of an enterprise during maternity leave, a 3-year period is included if the woman was registered as unemployed. The exchange did not provide a new job, otherwise it may be interrupted. You need to get on it immediately after breaking the employment relationship;
the new employer is obliged to officially employ him within a 30-day period, since at this time the length of service is still considered continuous.

Despite the simplified calculation procedure in 2018, there are some areas where it is determined according to outdated rules.

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

sending a military family member to study at domestic or foreign universities - if the period from graduation to employment is no more than 2 months;
a break in a seasonal type of work if a contract is signed and the employee worked last year and returned this year.

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

When is the length of service interrupted after voluntary dismissal?

Continuous service after dismissal at will is 30 days.

Length of service 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.

After the pension reform took place, changes were made to the permanent length of service. From 2007 to the present day, benefits are calculated by taking into account the insurance length of employees, and in current legislation this term is not used as often as before. Although some employers in certain areas still use this concept to this day.

Designation of insurance experience

This length of service refers to the duration of payment of various contributions or taxes. In other words, this is the time during which the employee was paid insurance premiums. And in order to calculate benefits, the continuity of length of service does not matter.

This may include:

labor based on a contract;
civil or municipal service;
insurance during temporary disability;
individual entrepreneurship;
advocacy;
work on a collective farm or in a production cooperative;
paid work of the convicted person;
activities as a clergyman or deputy.

Basic definition of permanent work experience

Continuous length of service is the time during which a citizen carries out his work functions or, in other words, works for a single employer. However, NTS can be retained if an employee quits but takes a new job within three weeks.

Naturally, such work should mandatory be formalized. This also includes entrepreneurial activity.

This rule fully complies with the law, but there is one small exception to the rules - if the dismissal was under any article, then in this case the continuity of service will have to be calculated again.

General rules of continuous work

So, how many days is continuous service according to the law? The answer is simple: after the dismissal has occurred, you will need to get a new job within 21 working days.

As mentioned above, according to the Labor Code of the Russian Federation, length of service when moving to another company can be preserved only in one case, if the duration of non-working time is no more than one month. However, in order to accurately answer the question of how many days is continuous work experience under the Labor Code of the Russian Federation, you need to take into account the following important point, such as the fact that for some people NTS will persist for a 2 or even 3 month break.

Maintaining work experience for 2 months is allowed for such persons as:

workers from the Far North;
employees at Russian enterprises who are abroad;
for citizens working outside the country with whom Russia has entered into a legal agreement on the availability of social security.

people affected by layoffs, reorganization or liquidation of the company;
persons who were fired due to temporary disability;
citizens who were fired for health reasons;
for elementary school teachers who were laid off due to declining enrollment.

In addition, when calculating the continuous work experience and how many days it is, it is given Special attention pregnant women and mothers who have children under 14 years of age or disabled children under 16 years of age. In other words, if the contract with them is terminated, then given period remains until the specified age is reached.

There are some other nuances in which it is possible not to work for some period of time and not be afraid of maintaining permanent seniority:

when the employee’s children or child has HIV infection and needs care;
if the pensioner decides to resume working activities;
when a military man is fired.

There is another point that is not always paid attention to. It's about about a situation when one of the spouses is transferred to another region for work issues. Of course, in this case the whole family moves. In this case, the other spouse has to leave his main place of work. In this option, permanent employment continues for 90 days.

Why do you need continuous experience and what is its essence?

First of all, payments depend on this if there is downtime, payment for weekends and holidays, and also when there is incomplete work shift or a week due to lack of work. And, of course, this length of service is also necessary for calculating the pension, since its maximum payment each month depends on this. According to this concept, previously payment for sick leave was carried out depending on its duration.

In order to calculate the size of the pension so that the payment is at least a little more than usual, a 10-year period of time is taken with the largest wages. If work was not interrupted, then the coefficients affecting the size of the pension payment for the month will always be above one. In the event of a break in work activity, the payment will be correspondingly lower, and the coefficients will be calculated completely differently.

If we talk about calculations that relate to medicine, then the time of internship and practice is also added here. When a pension is calculated, the basis is not so much wages and experience as the category and availability scientific degree. Moreover, almost all doctors either work part-time or combine several positions at once.

Since the times of the USSR, this concept has been special meaning. Depending on this indicator, citizens received benefits and high pension payments. On this moment Insurance premiums, which are paid by employees during working weeks, are of greater importance. This type of payment is made if the employee works under a contract or work agreement. Contributions can also be made by persons carrying out entrepreneurial activities without registering a legal entity.

Continuous service differs from insurance service in the following ways:

when the pension is calculated and its payment, continuity of work does not matter;
The time during which a citizen did not work is limited.

In the NTS, in addition to work under a contract, service in the army and in security agencies, as well as work in the process of study or during illegal dismissal and reinstatement at work.

Nowadays, the NTS makes it possible to receive preferences. It is up to the employer to decide whether to provide benefits or not. If such a section is provided in the documentation, then payments, of course, are made. In the form of incentives, in addition to monetary compensation, they can be given, for example, additional days for vacation.

How to calculate permanent work experience using a work book

Counting by work book can be done using a calculator. First you need to write down all the places where you worked, and then check the duration of the breaks. If all this fits into a monthly period, then the length of service should be considered continuous.

This operation can be carried out in several ways:

calculate the length of service using a calculator;
use a special service special programs for accountants;
use the online calculator on the profile portal.

Until 2007, laid-off citizens tried to find a new job as soon as possible. It was important for them that their work experience was not interrupted, since this affected the amount of sick leave benefits and other payments. Then, with the adoption of Law No. 255-FZ of December 29, 2006, the importance of continuous work experience sharply decreased, since according to the new law, benefit calculations began to be made based on the total period of work - without taking into account the time when the person was not employed. However, in certain, albeit rare situations, continuity of work is still important today. The article will discuss in what cases the length of service is interrupted.

Two types of experience

During Soviet times, the state struggled with staff turnover, encouraging workers to work in one place for as long as possible. That’s when the concepts of intermittent and continuous experience appeared, and the latter was given preference. Many people depended on him social guarantees: pension amount, temporary disability benefit and other material preferences.

Intermittent work experience is how many years a citizen has officially worked for different employers. "Officially" in in this case means that insurance premiums or other necessary transfers were paid for this entire period. For example, in the Soviet Union there were no such contributions, but two taxes were withheld from employees: income and childlessness, which is equivalent to insurance contributions. That is, interrupted work experience is the total period of labor (or other useful) activity.

Continuous experience means time worked in one organization. It is not interrupted even after dismissal and employment in another place, but only if this is done within the established time frame.

Break between jobs for continuous work experience

Since the article is devoted to continuous work experience, this concept should be explained, since in current laws it has been replaced by another term - insurance experience. Law of December 17, 2001 No. 173-FZ (on labor pensions) in Article 30 defines the total length of service as the total period of labor and other socially useful activities that a citizen was engaged in before 2002.

How long does it take to interrupt service after dismissal?

within 3 weeks - if the dismissal took place at the employee’s own request and without good reason;
within a month - if the subordinate was dismissed at the initiative of the employer, or left on his own, but for a valid reason (for example, for health reasons).

The number of days after dismissal is terminated is also influenced by the person’s special circumstances. In particular, the conditions in which he worked. If this happened in the Far North or equivalent areas, a break in seniority will occur only 2 months after the termination of the employment contract.

Is the length of service interrupted during layoffs?

In the 90s and 2000s, the situation on the labor market was not as stable as in the USSR era. A person could be deprived of work not only because he could not cope with labor responsibilities, but also due to the fact that the company periodically optimized its salary costs by reducing the number of employees. This often happens now. Therefore, representatives of hired labor need to know how long after dismissal the length of service is interrupted after a layoff.

The length of service is considered uninterrupted if the laid-off citizen managed to get a new job within a 3-month period. The period of service will not be interrupted in other cases:

after the end of the period of temporary disability, due to which the employee was forced to resign from his previous place of work;
after the dismissal of a subordinate due to non-compliance - for health reasons;
after teachers of grades 1–4 were released from work due to a reduction in the number of students.

Is length of service interrupted during leave without pay?

The Labor Code (Article 128) allows employees, in agreement with management, to take unpaid leave. For some categories of employees, employers are even required to issue them if they have received a corresponding application, but only for a certain number of days.

The timing of such leaves does not affect the break in work experience, since during this period the citizen does not cease to be an employee of a particular organization. However, to clarify this issue, Pension Fund made one reservation: leave without pay is included in the total length of service if it was taken before the beginning of 2002. Later, only the calculation of insurance contributions by the employer affects the length of service.

In what cases is medical experience interrupted?

For doctors, continuous experience is really important, since it gives them the right to various material incentives: allowances, benefits, bonuses. Interruption of medical experience deprives doctors and nurses of significant privileges.

In general, in order for it to remain uninterrupted, a health worker should find employment within the above deadlines, which are established for representatives of other professions. However, it is necessary to comply important rule: Their new job should be related to the medical field. Otherwise, the special experience will be interrupted.

Interruption of work experience: what is the impact today?

So, what is the impact of interrupted service today? Perhaps the answer to this question will disappoint someone, but practically nothing. It brings some preferences only to representatives of a few professions. Also, many employers establish a bonus system that takes into account how long an employee has worked in a given company. But they are interested in continuous experience in a given company, and not in its total duration, including in other places. Therefore, specifying after what time the period of service is interrupted gradually loses its meaning.

Continuous service after voluntary dismissal - what does it affect? What are the risks of interrupting your work experience due to the liquidation of an enterprise? How many days after dismissal is the period of service interrupted if the employment contract is terminated due to partial loss of ability to work?

Continuous work experience is understood as a period of time spent working at one enterprise or periods of employment with a regulated break duration at different enterprises. Workers are trying to maintain the integrity of their work period, believing that a significant amount of pension accruals depends on it. Is this really so and what does continuity actually affect?

(click to open)

General terms of continuous service after dismissal at will

Having worked for a long time in one company, an employee will already be able to estimate the length of his experience. But even if you change jobs, there is a chance to keep your working hours the same. Those leaving on their own initiative must find employment within 30 days. Then the experience will remain intact.

The law sets the general break period at 1 month, which can reach 2-3 months, for example, for workers in the Far North. Everything in a particular case depends on the circumstances of the dismissal. Sometimes the integrity can be challenged working years with a break of 1 year.

Circumstances under which length of service is canceled

Knowing how many days after dismissal the period of service is interrupted and without allowing any delay, you can still reset the period of permanent employment. This happens for two reasons:

Change employers more than once a year.
When an employee was fired under an article.

When is continuity maintained?

Continuous service after dismissal at one's own request is maintained:

When transferring a spouse to work in another city.
In case of loss of ability to work due to illness.
When a child goes on maternity leave before the age of 14.
When forced to care for a disabled person.
Upon liquidation of the employing company.
When staffing is reduced.
Dismissal upon reaching retirement age.

What does it affect?

The low level of pensions, which threatens interruption of service, applies to citizens born before 1963. Before the 2002 pension reform, length of service played a role in the final rate. For 16 years, the pension is formed from the insurance and savings part. Thus, those who started their careers after 2002 may not consider continuity of employment.

Important
Continuous service after dismissal at one's own request can provide additional allowances, subsidies and benefits in the future, but not an increased pension.

For whom does this type of experience matter?

Special categories of specialists (medical staff, rescuers).
Employees of organizations where long-term work is encouraged by salary bonuses and is used as a motivating tool.
Workers with 30 years of service and above have the opportunity to earn the status of “Veteran of Labor,” which affects the indexation of pensions and benefits.
Employees whose insurance period is less than uninterrupted for the period since 2007.
Citizens who went on legal vacation before the pension reform.

Important
Calculation of temporary disability is carried out on the basis of continuity, if the insured working period does not exceed the continuous one. This exception concerns the law, according to which, from January 1, 2007, disability benefits are calculated from the insurance portion.

Conclusion

Since 2002, long working periods have lost their importance in calculating future pensions. Currently, it is used to receive social benefits, as well as as a motivating tool for employees.

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Everything changed a few years ago. In 2006, a bill was submitted to the Duma for consideration, according to which the concept of not continuous work experience, but general one, came to the fore. Previously, the length of continuous work experience determined how much a person would receive payments for temporary disability. If the continuous work experience was up to 5 years, then 60% of the salary was paid, from 5 to 8 years - 80%, more than 8 years - 100% payment. Naturally, working people wanted the transition from one place of work to another to take as little time as possible. In this part, a limit was established - no more than 21 calendar days in case of dismissal of one’s own free will and for no apparent reason. For those who were fired by their employer, this time increased to 1 month.

In this regard, transfers from one institution to another were previously organized. For example, this concerned, for which the concept of teaching experience is also of particular importance.

How is it now?

From January 1, 2007, in accordance with paragraph 1 of Art. 16 of Law N 255-FZ, the amount of benefits for sick leave or child care under 3 years of age depends not on the total continuous work experience, but on the insurance period. That is, when determining the amount of payments, all the years when a person worked and was subject to compulsory insurance are summed up. The insured person is considered to be a person who is covered by state pension insurance, that is, everyone who has a certificate of state pension insurance. Thus, a person who had previously worked for 17 years quit, got a job six months later, then went on sick leave, and was paid at the rate of 60%, since continuous service began to be counted anew. According to the latest law, sick leave will pay 100%. And rightly so.

Your work experience will not be interrupted if you join the labor exchange no later than two months after your dismissal.

Thus, now the length of service is not calculated continuously, as was previously the case, but cumulatively, regardless of the duration of the break.

However, the length of service remains relevant for receiving a pension in the future. According to Labor legislation Russian Federation, to calculate a pension, it is enough to have 5 years of service, regardless of whether it was interrupted or not. When calculating a pension, continuous work experience does not play a role. The total length of service when contributions to the Pension Fund of the Russian Federation were made is taken into account.

The procedure for calculating continuous labor length of service employee is regulated by the "Rules for calculating continuous labor length of service workers and employees when assigning benefits under the state social insurance"was approved by Resolution of the USSR Council of Ministers dated April 13, 1973 No. 252, and its effect was confirmed by Decree of the President of the Russian Federation dated March 15, 2000 No. 508 by two decisions Supreme Court(from 15.08.02 No. GKPI 2002-868 and from 20.08.02 No. GKPI 2002-771) and Labor Code(Art. 423).

Instructions

Continuous service is generally considered to be the duration continuous operation at the enterprise. However, sometimes periods from previous work. For example, if the break from the moment of dismissal until employment at a new job did not exceed certain periods.

So, if desired, the break should not exceed three weeks. However, an employee can use this right only once a year, so if in 12 months the employee managed 2 times, then this period is not counted towards continuous work experience.
But if the employee changed his place for a good reason, then he has the right to expect that the period of maintaining continuous length of service increases to one month. This is possible, for example, when entering a university or moving to another area.

It is also important to note that for certain categories of employees there is the possibility of a longer break between dismissal and.
Thus, persons who worked in the Far North (and equivalent territories) who quit at the end of a fixed-term employment contract can look for a new employer for two months.
If an employee is forced to look for a new job due to reorganization or liquidation of the organization, then his continuous work experience is maintained for.
The same period is provided for persons due to non-compliance with the position held due to health reasons and persons with disabilities.

It is important that if a woman has a child under the age of 14 (or a disabled child under the age of 16), then her service is not interrupted until the child reaches this age.
If an employee, in connection with the transfer of a spouse to work in another locality, then he is not at all limited in the time of searching for an employer, in this case this will not affect the continuity in any way length of service.
In addition, the length of service is not interrupted and if past work they resigned of their own free will.

Sources:

if I am considered different from everyone else

Continuous work experience is calculated in accordance with the “Rules for calculating continuous work experience”, approved by Resolution of the Council of Ministers 252 and Decree of the President of the Russian Federation No. 508, as well as in accordance with Article 423 of the Labor Code of the Russian Federation.

You will need

- calculator;
- paper;
- pen;
- employment history;
- 1C program “Salaries and Personnel”.

Instructions

To calculate continuous work experience, use the 1C “Salary and Personnel” program or carry out the calculation using a calculator, paper and pen.

If you use the program, enter all the necessary figures for hiring, dismissal and new employment in the appropriate lines, click “calculate”. Get the result you want.

To calculate continuous length of service using a calculator, enter the date of dismissal from each job in the column and subtract the date of employment. If the break between taking a new job and leaving your previous job was no more than three weeks, add up the calculated results. If the break exceeded 3 weeks, then do not include this line in your continuous work experience.

Also keep in mind that if an employee is fired two or more times within 12 months, 12 months of continuous service will not be counted.

If an employee changes his place of work for a good reason and this is indicated in the relevant certificates, then the duration between employment, giving the right to continuous work experience, can be increased to 1 month.

If you are calculating the continuous length of service for an employee who quit in the Far North or equivalent territories and has a break in work after dismissal of two months, you are required to count this length of service as continuous.

For laid-off employees due to reorganization or liquidation of the enterprise, the break in work may be 3 months. Therefore, if this period has passed from dismissal to new employment, then consider that. The same rule applies to those employees who are dismissed for health reasons or due to disability.

If a woman had a break from work due to caring for a disabled child under 16 years of age, then you are obliged to consider the length of service continuous. The same applies to women caring for children under 14 years of age.

Before the law of December 17, 2001 No. 173-FZ “On labor pensions in Russia” came into force in Russian Federation", defining new order calculation of pensions, their value directly depended on the total length of service and the amount of wages. Currently, only the insurance period affects the amount of the pension.

Currently, the legal meaning of the concept of “work experience” is lost. It remains important only for those citizens of the country who labor activity began before the new pension reform took effect, i.e. until 1991. From this time until Law No. 173-FZ came into force, i.e. until 2002, each year of work experience is taken into account when calculating the pension with a special coefficient. If you started working before January 1, 2002, your length of service will affect the size of your retirement pension - the longer it is, the higher the coefficient applied.

Since 2002, when calculating pensions, only the amount of insurance contributions that was transferred to the citizen’s personal account by his employers is taken into account. It turns out that the insurance period no longer has a significant impact on the size of your pension - the only important thing is how much money has accumulated in your personal account. True, according to Law No. 173-FZ, you will receive a labor pension only if your insurance experience is at least 5 years.

IN Lately You can increasingly hear criticism of existing system pension calculations. Firstly, it is opaque and not very understandable to the majority. Secondly, it turns out that it is not at all necessary to work throughout your life - it is enough to devote only 5 years to it and at the same time receive a large salary. wages to ensure a good pension in old age.

Of course, a person for whom employers have made contributions to the Russian Pension Fund for a long period will also be able to accumulate more money in their personal account. However, the reality is that many Russians, given the low level of salaries that exists in the regions, will not be able to save significant sums, even after working for many years. Those whose employers skimped on insurance payments and contributions and paid wages “in envelopes” will also not receive a good pension.

Therefore, the Ministry of Economic Development submitted to the government a proposal to calculate pensions using a new formula that takes into account length of service. This will not only make the amount of the future pension clear, but will also remove the issue of increasing the retirement age - those who want to receive payments bigger size can continue to work long after they can retire. In addition, this formula will take into account coefficients that directly depend on the number of years worked, which will also serve as motivation for increasing work experience.