A break in work experience of more than 1 month. What is continuous work experience and what is it used for? The procedure for calculating continuous work experience

Does continuity of employment matter in 2019? How to count it? Is continuity maintained if you change jobs and in what case? Our article answers all questions

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Continuous work experience according to the Labor Code

The time spent working in one company without a break or in different companies, if from one to three months passed when moving from one place to another, depending on the circumstances, this is continuous work experience. This definition existed until 2006. The current edition of the Labor Code of the Russian Federation directly mentions NTS in only one article - 256. Some other articles, although they do not contain a direct reference, speak about it in their own sense. So, for example, Art. 121 describes the duration of work in one place, .

NTS in the form that was determined by Resolution of the Council of Ministers of the USSR dated April 13, 1973 No. 252, ceased to be a prerequisite for the calculation of pensions and sick leave. Now this duration is taken into account when calculating additional payments and allowances, and providing additional leave. Sometimes sick pay still depends on the number of years worked ().

The previous norm indicated that the length of service was maintained if the break was no more than 1-3 months. Now each enterprise decides for itself what is meant by continuity and records it in the LNA. These could be options:

continuous work as such;
in one company;
one specialty;
under the same working conditions.

Continuous work experience in Russia is also possible in the following cases:

when a parent whose child has HIV leaves the job to care for him. Such a specialist must sign an agreement, committing to return to his previous position when the child turns 18 years old;
if the employee first retired and then returned to work;
when a serviceman is discharged from his place of service.

If the “gaps” in the work book do not exceed the specified periods, the length of service will be continuous. If, when moving to a new place, a person remains unemployed longer, the length of service is interrupted.

Is continuity maintained if you change jobs?

The length of service will not be interrupted when changing jobs if the maximum permissible time gaps between dismissal and new employment are observed. They cannot exceed 1-3 months, depending on the nuances of dismissal.

If benefits are provided by a particular company for loyal employees - those who remain on its staff, they can be lost when changing jobs. Moreover, even if a person later decides to return, there is a possibility that his tenure will be interrupted, because the LNA of the organization may be prescribed continuity that does not imply dismissals with return. If the preferences are attractive, it is better to calculate in advance the potential pros and cons of changing jobs, because it will be impossible to restore lost experience.

Does continuous service matter for retirement?

Now NTS and pension payments are not connected. Unless a specific employer writes in the LNA some preferences for employees, depending on the number of years of work in the company.

Currently, the pension amount is determined by:

the amount of insurance premiums;
salary size;
additional contributions;
duration of insurance period.

Unlike the NTS, the insurance period is all the time in a person’s life when the employer paid insurance premiums for him. The deducted amounts go to an individual account, and the final result is influenced by the person’s year of birth.

Work in different fields of labor, thereby carrying out activities, counts towards seniority.

When does continuous work experience continue?

This is the time worked, during the period of which work was performed without interruption, that is, sequentially. Perhaps this happened with one or more employers under an employment contract, and the time of change from one enterprise to another did not exceed the time periods specified by law.

A break is acceptable, but should not be more than 1 - 3 months, only if there are related reasons.

How long does your work experience last after dismissal?

In order for the worked period to be classified as “continuous”, the time spent without work cannot be more than 3 months.

In case of dismissal without apparent and valid reason, a 1-month break from work is acceptable.
If an employee works outside the borders of Russia, as well as if he is a foreign citizen who arrived from states with which the Russian Federation has a friendly agreement, or a resident of the Northern regions - a 2-month break.

Liquidation, reorganization of the organization, resulting in a reduction in staff, as well as leaving a position due to health problems, a gap of 3 months is allowed.

The presence of dependent minors, namely children under 14 years of age, disabled children under 16 years of age, as well as provided that the employee is a guardian, trustee or adoptive parent, upon dismissal gives the right to maintain continuity of service.

If the relationship with a pregnant woman was terminated in connection with her work activities, that is, the employment contract was terminated, the work record in the work book is not interrupted.

The dismissal of an employee due to the fact that his wife or husband is transferred to another city, town, village, village gives the right to maintain continuity.

What is included in continuous work experience?

It includes the following categories:

the period of activities carried out officially, that is, when drawing up a contract;
work as an individual entrepreneur;
carrying out work in state and municipal institutions;
experience of service in the military sphere: in the Ministry of Internal Affairs, Armed Forces, etc.;
the time of completing paid production practical training, while undergoing training at universities and colleges, subject to employment and salary calculations during this period (but not more than 3 months);
time spent on advanced training courses;
time of forced absence if the employee was fired incorrectly and then rehired by the enterprise.

Is parental leave included in the length of service?

There are times when women have to interrupt their activities. This happens when she is preparing to become a mother and, as a result, go on maternity leave. Maternity leave will be included in continuous service.

Is studying at the institute included in the length of service for calculating a pension?

When calculating a pension, periods of study are not taken into account, except for a few exceptions:

the period is counted towards the length of service of the Ministry of Internal Affairs;
if during training, the student gets a job, receives a salary, and accordingly, there are corresponding deductions to the Pension Fund.

Is military service included in seniority?

The period of service in the army, carried out under a contract or conscription, is included in the length of service if, before leaving for the army and after its completion, there was activity that will continue when the conscript returns home.

Is the labor exchange included in the length of service?

In the absence and insufficiency of jobs, as well as for other reasons, a person will be forced to contact the employment service, whose bodies must register him as unemployed, and pay unemployment benefits until the unemployed person gets a job according to the proposed suitable job. vacancies.

The period during which a citizen is registered with employment authorities and receives unemployment benefits will be taken into account in his length of service.

How to calculate length of service using a work book?

All information about the work and time of activity in each organization is contained in the work book. The book is issued directly by the personnel department, in which it is stored throughout the entire period of activity within one company or organization, that is, until the moment of dismissal.

The book contains personal data of the employee: full name, education, specialty, profession, dates of admission and dismissal, numbers of relevant orders.

To independently calculate the number of years worked according to the book, for convenience, you need to write down all periods of work: date of acceptance - date of dismissal. Next, from the date of dismissal, we subtract the date of acceptance and get the number of years, months and days. If there were several places of activity, then calculations should be made for each separately, and in the end, all the resulting periods should be added up.

1. Calculation of length of service when employed by one employer.

Recruitment on March 13, 1998,
ends - 09/24/2013.

When calculating, you must remember that the date of dismissal is a working day. (+1)

1. 24 - 13 +1 =12 days;
2. 9 - 3 = 6 months;
3. 2013 - 1998 = 15 years.

Thus, the length of service was: 15 years, 6 months, 12 days.

The calculation is made for the case of involvement at two enterprises in turn.

Started working on February 10, 1995. Dismissal - 07/14/2007
Started working on August 19, 2007. Dismissal - 10/24/2016

Let's calculate the number of days:

14 – 10 + 1 = 5 days
24 – 19 + 1 = 6 days

7 - 2 = 5 months
10 - 8 = 2 months

2007 - 1995 = 12 years
2016 - 2007 = 9 years

The working period according to the book was:

In the first case: 5 days, 5 months, 12 years.
In the second case: 6 days, 2 months, 9 years.

Let's sum up these terms: 11 days, 7 months, 21 years - continuous work experience.

If, when calculating the number of days, it turns out to be 30 - 31, round up to 1 month. If it turns out to be 12 months, we count it as 1 year.

The country's legislation states that a citizen's activities within the framework of work, during which periods of absence from work did not exceed the periods specified in the Labor Code, are called continuous work experience. According to this resolution, employees may not go to work for 30 to 90 calendar days throughout the year, so that their length of service remains uninterrupted. The duration of absence from work depends on certain life circumstances.

A Russian citizen must, within 30 days, find employment in a new place that he chooses for work, if the dismissal was carried out at his request and the dismissal application did not indicate justified reasons for this action.

Within 60 days, those Russian citizens who work in the following places must find employment in a new workplace:

In harsh conditions, for example, in the Far North of the country.
Russians who previously worked outside their homeland, that is, abroad.
Citizens of foreign countries, if an agreement on social security of international significance has been signed between their country and Russia.

The latest news indicates that those persons who were fired due to a reduction in staff or the complete liquidation of an organization or company may not go to work for 90 days.

The law also states that continuous work experience is maintained if one of the spouses is transferred to a job whose activities will have to be carried out in another region. In this case, both spouses will need to move to another place to live, so they will have to quit their permanent place of work, no matter how you look at it.

Does the length of continuous service affect pension payments?

Previously, the length of service, which was considered continuous, was of great importance regarding the calculation of pension payments. Its terms not only affected the amount of money, but also helped to receive a certain type of benefits. But after the country chose an updated system for calculating pension contributions, this situation completely changed.

Today, when calculating pensions, they do not take into account the period of continuous service, but take into account how taxpayers paid contributions to state insurance institutions and what their amount was. That is, what the pension will be depends on how much the citizen contributed. It is this period that is now considered work experience of continuous significance.

In addition to this concept, continuous labor activity also includes the work of those citizens who quit for a good reason, but retained their profession. The latter, according to the law, was allocated to him taking into account working conditions. At the same time, the living conditions and climatic features of the region are taken into account. However, the length of service will be considered continuous in this situation if subsequent employment occurs within the time frame previously specified. And it will be taken into account only after the citizens of the country receive a certain type of benefits or allowances that should be included in wages.

For example, allowances are given to medical employees who constantly, that is, continuously, work in the medical field. Also, an allowance is provided for those Russian citizens who conduct their activities in harsh and difficult climatic conditions.

In what other cases should continuous experience be maintained?

In addition to the above situations, continuous work experience is maintained if:

a company employee is a parent and he needs to quit his job due to the fact that the family has a child with HIV infection and needs constant care. The experience will remain legally continuous if the parent signs an agreement that he will continue his activities as soon as the sick child reaches adulthood;
if persons who have retired decide to resume their previous work activities;
Continuous length of service is also retained for military personnel who have been discharged from their place of service. In this case, length of service will be taken into account, the duration of which must be at least 20 years, as well as whether the military personnel took part in hostilities that took place outside the borders of the Russian Federation.

For all of the above cases, the length of service will be considered continuous, without taking into account the period of time after which the new employment will be issued, that is, after how long the person will be employed in a new place of work.

What is taken into account when calculating the period of continuous work experience

When calculating periods of continuous service, the following are taken into account:

calendar days;
how many months the employee worked;
what is his length of service in years?

All these indicators are taken into account for calculating the length of service for those employees who did not leave their place of work during the period of calculation, that is, they worked in the same company or organization. When transferring to another job, the period will be calculated if the work activity is carried out in accordance with the employment law, and also if the terms of legal employment are not violated.

Is it possible to independently calculate your own period of continuous work experience in 2016-2017?

You can find out your length of service yourself using the testimony that is entered in the work book. This operation can also be performed using a special program on the Internet, which is called an “online calculator”. However, it should be noted that she will, of course, make a calculation, but the results will only be approximate. Therefore, it is best to do this event yourself, listening to the recommendations of experts.

So, the calculation needs to be done in stages:

all entries in the book are taken into account, including the very first one;
for a month, 30 days are taken for calculation, for a year - 12 months;
all periods of work are recorded;
count how many days, months and years they include;
Only those days that are considered days of hiring are subtracted from the total amount.

The amount received will indicate what period of continuous service is provided for the citizen.

Things to consider if you use an online calculator

If you use an online calculator to calculate your length of service, you should first of all pay attention to the year the program was issued. In a certain column, you need to enter not only the time during which the citizen was considered unemployed, but also indicate the reason for leaving the workplace. That is, the dismissal was by order or at the request of the employee, and also enter the contract number and other type of necessary documentation.

It should be added: experts recommend quitting your job only if the citizen already knows what job he will go to. In this case, the continuity of contributions will be maintained and the length of service will remain unchanged. After all, few people can find a new job that will satisfy their needs in 30 calendar days. Namely, this period of time, according to the law, is given to a citizen to find a new job and maintain continuous work experience.

For certain persons and disabled people, the legal period has been increased, this was written about earlier. However, after 90 days (this is the maximum period according to the law of the country), citizens who quit their jobs at will or by order will completely lose the right to payments or benefits and will lose their period of continuous work experience. To avoid such an unpleasant situation, this moment must be carefully thought through and only then sign a letter of resignation.

Continuous work experience according to the Labor Code

The question of continuous work experience still remains open. Many cannot decide whether it is needed at all in our time, or whether it is absolutely useless. Some people think that length of service will allow you to receive certain benefits, for example, benefits and additional payments from the state. Therefore, let's try to figure out whether it affects anything at all.

What is continuous work experience?

To begin with, it is important to clarify the concept of work experience. It's pretty simple. In simple terms, this is the period of time allotted for a citizen to work. Moreover, this work must be formalized. This also includes entrepreneurial activity.

Read also: My work book has expired, what should I do?

The Labor Code defines continuous experience as the duration of work at one enterprise. However, this rule also has its exceptions. It can also be continuous if a citizen goes to work for another organization, but a break for a set period is possible.

According to the Labor Code of the Russian Federation, length of service upon transfer to another organization can be maintained if the duration of the break is no more than a month. At the same time, other norms are established in the current legislation. For some people, it can persist even after a 2-3 month break.

Rules for calculating continuous work experience in force in 2017

This type of length of service is important when calculating the amount of temporary disability benefits. Regulation is carried out in accordance with the current Rules for calculating the continuous length of service of workers and employees. It was already stated above that when moving to another enterprise, the duration of the break should not exceed a month. This is a general standard rule.

We should dwell in more detail on cases where this period of time is allowed to be 2 or 3 months. Calculation of 2 months is allowed for the following persons:

for workers of the Far North after the end of the contract;
exempted from work at Russian enterprises located abroad;
exempt from work in organizations outside the country with which the Russian Federation has social security agreements (calculation begins from the day of arrival in the country).

Continuity of work will be maintained during a break of 3 months for the following persons:

who were subject to staff reduction, liquidation or reorganization of the enterprise;
who were fired due to temporary incapacity for work (calculations begin from the moment of restoration of working capacity);
who were fired because they were unable to perform their duties due to health reasons;
primary school teachers due to declining student numbers.

The definition of a break for pregnant women and mothers with children under 14 years of age (disabled children under 16 years of age) requires attention. If they terminate the contract, this period remains until the children reach the specified age.

How to calculate continuous work experience using a work book?

You can calculate the continuous work experience from your work book using a calculator. This can be an online program or a simple regular calculator with which you can manually perform the calculation. It is quite obvious that it is much easier to calculate the duration of work using an online calculator. The numbers from the work book are simply entered into it, indicating the dates of hiring and dismissal. The calculation is performed automatically by clicking the “Calculate” button.

In this case, during the calculation it is necessary to take into account certain values based on clause 1 of Article 13 of the current Labor Code of the Russian Federation. To calculate length of service, you need to use the dates from the book. The number of days in a month is 30, and the number of months in a year is 12.

First you need to calculate how many years, months and days correspond to a certain place of work. Next, you need to pay attention to the period that was in between and take into account the reasons and conditions for dismissal. If the duration of the break is longer than the period established by the code, then the chain is interrupted and the further period of work is not added to the previous one.

Continuous work experience for calculating sick leave in 2017

The period of work for calculating sick leave affects the amount of benefits that are provided for temporary disability. At the same time, in 2017, the calculation is carried out according to the length of insurance; continuous is not important when determining the amount of sick leave.

The main point is that to calculate this amount, the employee’s periods of work are taken for which payments were made to insurance funds. In addition, contract service in the army and compulsory military service are not included here. Therefore, when calculating sick leave, it is important to take into account such nuances.

Continuous work experience upon dismissal at will

Continuous work experience according to the Labor Code in Article 17 determines that if dismissal occurs at will, the break period between transition to a new job is the shortest. This period is only 3 weeks if the reason is not valid.

In some cases, namely if there is a good reason, after voluntary dismissal, this period can extend up to 30 days. It is also worth remembering that voluntary dismissal more than once in a year does not maintain continuity, even if 21 days of the break have not passed.

Does continuous work experience affect the size of the pension?

Today, continuous work does not affect the size of the pension. Just like the calculation of sick leave, the determination of the pension amount is based on the employee’s insurance experience, that is, the period of work throughout his life when insurance contributions were made. This has been established since January 2007. To a large extent, the size of the pension is influenced by the amount of wages. Accordingly, the larger it was, the larger the pension amount is expected.

Continuous work experience to receive a pension

Continuous work experience - this term was firmly entrenched in the minds of many Russians thanks to the labor legislation of the Soviet period, but at present it has already lost its former significance. In this article we will talk about the featurescontinuous work experience and its impact on the size of the pension.

What does the 2015-2016 Labor Code say about continuous work experience?

Continuous work experience - this is the length of service of an employee during which periods of unemployment do not exceed the duration established by law. As a general rule, the period during which a citizen can be unemployed while maintaining continuity of service is from 1 to 3 months, depending on the specific circumstances of the case.

no later than a month after dismissal, you must get a new job if you quit at your own request without good reason;
within 2 months, persons living in the regions of the Far North, those whose work was related to their stay outside the Russian Federation, and foreign citizens can get a job if they carried out labor activities on the territory of their state and an international agreement on social security;
A 3-month period is provided to persons dismissed from their position due to staff reduction or due to reorganization/liquidation of the enterprise, temporary disability or inadequacy of the position for health reasons (this category of persons includes primary school teachers who were released from work due to reduction number of students or in connection with the transfer of fourth-graders to systematic teaching of the fundamentals of science).

The law also provides for cases in which continuous work experience will be recognized regardless of the length of the break in work activity. An example would be continuous work experience a spouse (husband or wife) who has been transferred to work in another area.

How is continuous work experience considered for pension purposes?

During the existence of the USSR for retirementcontinuous work experience was of particular importance and provided people with the right to receive special benefits and an increased level of old-age pension. However, due to the country's transition to a new pension system in 2002, the procedure for calculating pension benefits has changed.

Currently continuous service for pension not needed. The size of the future pension benefit depends solely on the amount of insurance premiums paid for the employee during the period of his employment under a contract, in connection with being in the state or municipal service, or due to the citizen’s carrying out entrepreneurial activities without legal education. faces.

Continuous work experience since 2015 g. is determined differently than it was established in the USSR: the Labor Code of the Russian Federation says that continuous length of service is only the period during which the employee carried out his labor functions in a specific organization. Also to continuous work experience refers to the employee’s labor activity carried out after dismissal, but with the preservation of the profession distinguished by working conditions, the locality in which this activity is carried out, subject to the terms of subsequent employment, which we discussed above. At the same time, continuity of length of service is taken into account only when employees in some areas receive bonuses and salary benefits. For example, medical workers have the right to receive a bonus for continuous work experience in the healthcare sector, and in the northern regions of Russia and equivalent regions, a bonus is awarded to those who continuously work in climatic conditions of this kind.

Read also: Dismissal by agreement of the parties with payment of compensation

Continuous work experience is maintained if...

Most cases when an employee can quit and not lose what he already has continuous work experience. as well as the terms of employment that are provided to citizens to maintain its continuity, we discussed above.

Besides, continuous work experience can be saved:

if the parent employee quit due to the need to care for an HIV-infected child, provided that after the child reaches the age of 18, he will return to work;
upon resumption of work by persons who have retired due to length of service, as well as military personnel dismissed from service, in the event of their participation in armed conflicts on the territory of other states or who have served in the Armed Forces for 25 years or more.

Wherein continuous work experience in the above cases will be maintained regardless of the period after which these citizens returned to work.

If we talk about How is continuous work experience considered?. then it should be said that it is calculated in calendar months and years during which the employee performed a labor function in one organization. If the employee moved to another job, the periods of work at the new place will be counted only when the employee did not violate the terms of employment established by law.

Definition, types and evidence of work experience

Work experience is understood as all the time that a person was officially engaged in labor activity and transferred contributions from his salary to the Pension Fund of the Russian Federation.

Types of work experience

Work experience is often also called insurance experience. Types of work experience specified in the Labor Code. general, continuous and special.

Total experience

A person begins his official employment with a specific employer from the moment he is hired and ends with a dismissal order. The sum of the periods from hiring to dismissal for each employer is the total length of service. It includes all holidays, weekends, vacations and sick leave.

About continuous work experience here.

In addition to work activity, the total length of service includes:

Service in the armed forces;
Caring for a disabled person, an elderly person who needs care in accordance with a medical report;
Being on maternity leave for one and a half years;
Registration as unemployed during the period of receiving benefits;
Being in prison, if the person was subsequently rehabilitated.

Based on the total length of service, the size of the pension is determined.

Periods that are necessarily included in the insurance period. First of all, this is:

1) Periods of work of the insured individual during which contributions were made to the Russian pension fund. Only periods of work in the Russian Federation are taken into account.

2) Periods of employee work abroad. In this case, calculations to the Russian pension fund are carried out on the basis of international treaties or legislation.

Continuous experience

Such length of service requires continuous work for one or more employers, provided that no more than 1 to 3 months have passed since the transition from one employer to another.

This length of service is of great importance in determining the amount of temporary disability benefits.

Special experience

It represents work experience in a specific specialty, position or work under special conditions. It is usually used to assign a pension for hazardous working conditions (work in mines, hazardous industries, in the Far North, etc.). A complete list of such work is indicated in Law No. 127-FZ (Article 27, paragraph 11).

Preferential retirement conditions are provided for workers in these industries.

Calculation of work experience

Length of service plays a role in the granting of leave and appointment to a position, but the greatest importance is given to length of service in social security law. Depends on work experience:

Possibility of receiving a pension. Today, you need to work at least 6 years to retire.
The amount of the accrued pension.

Read more about whether maternity leave is included in teaching experience in this article.

Calculating work experience involves adding up all periods of a person’s official work, as well as other periods equivalent to work experience, which were discussed above (maternity leave, caring for a disabled person, etc.).

Work experience does not include:

Period of study;
Vacation at your own expense for more than 15 days;
Maternity leave for more than 1.5 years.

Work experience is calculated on the basis of documents confirming official work activity.

In the accounting department of your organization, you can obtain a printout confirming insurance transfers, as well as an algorithm for calculating pensions. This will help you calculate not only your work experience, but also the amount of your monthly income after retirement.

Evidence of work experience

All evidence is divided into documentary and testimonial. Preference is given to documentary evidence and only if it is impossible to obtain it, witness testimony is taken into account.

The list of written evidence of work experience is in the Regulations on the procedure for confirming work experience for the assignment of pensions in the RSFSR (approved by order of the Ministry of Social Security on October 4, 1991 No. 190). The most important of them is the work book. If it is lost or lacks all records of work, the following will be accepted as evidence:

Extracts from orders on hiring and dismissal;
Certificate;
Financial documents on payroll;
Employment contracts with a mark of execution;
Membership card and trade union member card;
Labor and registration lists;
Pay books;
Other written documents confirming the fact and duration of work.

In the absence of written documents, the testimony of at least 2 witnesses who worked together with the citizen at an enterprise or organization can serve as evidence of work experience (clause 2.1 of the above-mentioned Regulations).

Individual entrepreneur's work experience

Work as an individual entrepreneur is included in the total length of service if the individual entrepreneur regularly made voluntary payments to the Social Insurance Fund.

The insurance period is calculated in proportion to the continuous one. When the insurance period is less than continuous, future benefits will be calculated based on the continuous period of service.

The list of evidence to confirm the length of service of an individual entrepreneur differs significantly from that of other employees. The fact is that the individual entrepreneur works for himself; he does not have an employer who would enter information about his work activity in the work book. Even if the individual entrepreneur subsequently gets a job with another employer, the period of work for himself is not recorded in his work book.

To check whether an individual entrepreneur has work experience, government agencies will need:

Certificate of state registration as an individual entrepreneur (issued by the territorial body of the Federal Tax Service and confirms the start of work);
Certificate of termination of the activities of an individual entrepreneur (issued there and confirms the end of employment);
Documents confirming payment of contributions to the Social Insurance Fund.

An individual entrepreneur is granted a pension if he has at least 6 years of work experience. The calculation is made as usual. That is, all the years and months in which contributions to the Social Insurance Fund were regularly received are summed up.

If at some period of time a person was engaged in both entrepreneurship and part-time work in an organization, one of the jobs of the person’s choice will be included in the insurance period. But when determining the size of the pension, all contributions paid during this period of time will be taken into account.

Watch the video where it is discussed how an individual entrepreneur can confirm his experience

How are employment contracts and work contracts included in length of service?

There are often cases when employers enter into a work contract with an employee instead of an employment contract, since this form of relationship is more profitable for the employer. The differences between the agreements are as follows.

The amount of benefits for an employee with insurance experience equal to or exceeding 8 years is not calculated, because in any case the amount of benefits will be 100% of earnings.

An employment contract is an agreement between an employer and an employee on the latter’s performance of work in a specific specialty and position. The employee is subject to internal regulations and other rules in force in the organization. In turn, the employer is obliged to provide him with healthy and safe working conditions and regularly pay wages. Delay in payment leads to penalties for the employer.

In the Labor Code of the Russian Federation there are such concepts as general and continuous work experience. Many Russians tend to think that this is very important. Others do not attach any importance to it. But is this really so? What are the conditions for its preservation? How to calculate this indicator? What does continuity of experience affect?

Experience: definition

Work experience is the period of time during which a citizen works or carries out various types of activities. This concept applies to cases of official employment or business activities. This indicator is directly related to the calculation of pensions, is required to receive various compensations and guarantees provided by the Government, and is calculated in the manner established by law. The work book is a document confirming the existence of work experience.

Work experience is divided into several types:

General, including all years of work of a citizen.
Special, intended for persons occupying certain positions.
Continuous.

The concept of “continuous work experience”

This term is now used relatively rarely. The fact is that it arose back in the Soviet era, when it was necessary to receive a pension, sick leave payments, and in general played a significant role in the life of a citizen, specifically continuous service. The Labor Code defines this concept. Continuous service is the duration of work for the same employer.

Why is the internship interrupted?

In the modern world, not every citizen can work at one enterprise, so continuous work experience is interrupted. Under various circumstances, employees of organizations often stop working. In this regard, labor legislation identifies several factors that influence continuity of service:

Dismissal (continuous work experience is interrupted when changing the type of activity, when the period between termination of the contract and placement in a new place of work was more than three weeks).
Absence from work due to illness (cases that do not comply with the objectives of the Constitution of the Russian Federation and social insurance).
Informal employment (when a citizen starts working in private organizations).

All changes associated with a change in the type of activity of citizens must be recorded in the work book. The relatively frequent interruption of service does not have the best effect on the amount of pension benefits.

Dismissal at the initiative of the employee

Dismissal, initiated by the employee himself, is one of the most common reasons for termination of employment. This raises the question: is continuous work experience maintained upon dismissal?

Continuity of service can be maintained. Moreover, all citizens without exception have this opportunity. However, it is often quite difficult to use it. According to the Labor Code, continuous work experience is maintained if, after dismissal on one’s own initiative (in the absence of other compelling reasons for this), no more than three weeks pass before starting work at a new enterprise. If there are compelling reasons why the citizen was forced to resign, this period is extended to thirty days. For example, such reasons could be moving to another area or a spouse.

In practice, there are quite often cases when citizens first find a new enterprise, and only after that they terminate their employment relationship with their previous employer. In this regard, the length of service remains continuous. But dismissal is sometimes a necessary measure.

Dismissal under article

Such cases are relatively rare, but do occur in practice. Is continuous service maintained in this case? The Labor Code states that upon dismissal due to any specific violation, continuity of service is lost. A completely logical solution for employers in situations where employees of organizations violate labor regulations is dismissal. In this case, workers can only adjust their actions in a timely manner in order to avoid termination of the employment relationship under the article.

Liquidation of the enterprise

Russian labor legislation deals with cases of continuation of seniority and in situations where there are very rarely cases where liquidation is associated with bankruptcy. Citizens can count on maintaining continuous service. However, the law provides for some conditions and restrictions.

Typically, citizens are given 3 months to find a new employer. Continuous work experience is maintained if the dismissed employee finds a new job during this period. Otherwise, the period of service is interrupted, and this period cannot be extended.

Motherhood

Continuous work experience is maintained if a woman goes on maternity leave. But is continuity maintained if the expectant mother goes on maternity leave? There are two completely opposite opinions on this matter.

Russian labor legislation does not contain information regarding maternity leave and continuous service. In essence, the length of service is maintained, since the woman remains employed, the nature of the work performed changes. On maternity leave, a woman deals only with family matters, but not with work duties. However, lawyers tend to believe that the length of service in this situation is not interrupted.

Health

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. How?

When leaving your previous job, you are given a period of three months to find a new employer. Also during this period, the citizen has every right to return to his previous employer. At the same time, the experience is preserved. However, in practice, such cases are extremely rare, since returning to perform previous work duties will take the employee even more time (due to health reasons). In most cases, workers refuse further employment altogether.

Other Important Features

Russians who live and work in the Far North or in similar natural conditions have certain privileges when taking into account their work experience. This also applies to foreign citizens who work under contract in harsh climatic conditions, if an agreement on social support has been concluded with their country. These categories of workers have every right to maintain continuous work experience, as in the situations mentioned above. The maximum time allotted for searching for a new job is two months. This period is relatively short, but, as practice shows, in many cases it is quite sufficient.

Continuous work experience is maintained if the citizen is a military personnel. So, for example, if a citizen served for 25 years and then retired, he can get a new job while maintaining his seniority. The state provides this privilege in full.

Family circumstances are also taken into account. If a citizen is caring for an HIV-infected minor child and for this reason is forced to leave the workplace, continuity of service is also maintained. When a child reaches adulthood, the citizen is obliged to begin working again.

Another case in which a citizen can count on continuity of service is a change of place of work while maintaining the same type of activity and profession.

How is continuous work experience calculated?

The dates of conclusion and termination of employment contracts should be taken from the work book. There are various programs that can automatically calculate seniority. You can also contact the company’s accounting department for help. The counting starts from the very first entry. Thus, it is possible to calculate the total length of service, which includes all jobs and positions held. Continuity is affected by the above cases. Even one such violation interrupts the period of service. The result of the calculation is a number in the form of the number of years and calendar months.

The work book never contains data on continuous experience. The fact is that this term actually does not exist in the Labor Code. Therefore, now no one distinguishes between continuous and total length of service.

Why is it needed?

So, we figured out how to calculate continuous work experience. In the end, the question arises: “What does it mean now, since this term was relevant in the Soviet era?” As practice shows, this factor has practically no significance.

For Russians, the total length of service is much more important, since it affects the size of the future pension. The main thing is that the employment must be official. The total length of service is also accrued to citizens conducting entrepreneurial activities.

Continuous experience is a kind of relic of the past. But sometimes employers pay attention to him. A potential employer, after a detailed study of your work record, may ask why you left your previous organization. However, this factor affects the amount of disability benefits.

Some Russians are inclined to believe that in the near future, continuous service will again be of great importance and will affect the size of the pension and will make it possible to receive various subsidies and social benefits. In reality, this is far from true, since this information is not officially confirmed.

When seniority is retained: results

So, we have figured out how to calculate continuous work experience. As mentioned above, the amount of benefits paid in connection with a citizen’s incapacity for work depends directly on the continuity of service. At the request of the employee, continuity can be maintained in the following cases:

An employee, on his own initiative, is re-employed after reaching retirement age.
A disabled citizen is paid unemployment benefits (to prevent interruption of work experience, it is necessary to get on the waiting list at the employment service).
No more than three weeks have passed since the termination of the employment relationship with the previous employer (it is best to find a new organization in advance).

Within two months after termination of the contract at the previous place of work, length of service can be maintained in situations where:

The employee is re-employed on his own initiative (the dismissal was a forced measure, for example, when moving).
The citizen has reached retirement age and is working again.
The citizen resigned from an organization located abroad or in the Far North.

Within three months after dismissal, seniority can be maintained in the following situations:

The employment relationship with the employee was terminated due to staff reduction or liquidation of the organization.
The reason for dismissal is a discrepancy between the position held or the work obligations being fulfilled.

Often employers refuse to maintain continuity of seniority. In this case, the employee has the right to challenge this decision in court.

The legislative framework

From the mid-70s until 2006, in the Soviet Union, and then in Russia, there was a law according to which work experience was calculated. According to this law, continuity of service was maintained if the employee was re-employed within a month in a new job. In 2007, the law was changed and the period was reduced to three weeks. Also in 2007, the amount of temporary unemployment benefits changed. Currently the allowance is:

100% of earnings if the experience is over eight years;
80% of earnings if the experience is from five to eight years;
60% of earnings if the experience is less than five years.

So, we found out why continuous work experience is needed. The total length of service is important for retirement. The amount of compensation payments for unemployment and in connection with loss of ability to work depends on this indicator. It is relatively difficult to calculate, but it is possible, since there are automated programs for this. Maintaining this type of experience is not as important as practice shows. In modern Russian labor legislation, the importance of this factor is reduced to a minimum. It was much more important during the years of Soviet power. In addition, the pension system has been undergoing various changes recently. The size of the pension will be affected by the so-called accrued points. Analysts predict that continuity of seniority will likely not be important in the future.

Today, the concept of continuous work experience has lost its former significance, since recent reforms of the pension system of the Russian Federation have introduced new conditions for accounting and accrual of a citizen’s work experience. However, it seems necessary to note that the corresponding concept continues to be used and is important for certain categories of workers. The information presented in the contents of this article will help you become more familiar with the essence of continuous length of service, during which time it is maintained, as well as the rules and example of calculation.

What it is?

Continuous work experience implies a temporary period during which a working citizen carries out professional duties within one or more institutions, but without a prolonged stay in the status of an unemployed citizen.

The designated type of work experience of a worker is an integral part of the total work experience, which, according to the Labor Code of the Russian Federation, also includes the following types:

Insurance - at the moment, the most significant period of time for every working citizen, since it is its duration and the amount of contributions to the Insurance Fund that directly affects the amount of pension payments;
Labor — the total period of time during which the employee was officially employed and performed professional functions.

A distinctive feature of continuous work experience is the inclusion in the relevant period only of the time during which the worker officially worked. It is important to know that, on the basis of Russian legislation, it is permissible to include in this period of time when a citizen carried out military service on a contract basis, the period of a woman’s stay on maternity leave. Also, the time spent studying in an educational institution of all levels is subject to accounting, if the period of employment after graduation does not exceed three months.

When is it saved?

Since in some cases the concept of continuous length of service has not lost its significance, it is important to become familiar with the conditions under which continuity of length of service will be maintained. The fundamental condition for maintaining continuity of work experience is the length of time a citizen remains in unemployed status.

When is employment interrupted after dismissal? Based on the provisions of current labor legislation, this period of time is equal to one month.

A similar duration of a possible break in work is determined for persons who left their place of duty on their own initiative and without indicating the reasons for dismissal in the application. In exceptional cases, its duration increases to three months or up to a year. Continuous work experience is maintained for a longer period of time if there are certain circumstances surrounding the termination of cooperation between the employee and the employer.

As examples, you should pay attention to the following nuances:
For persons working in the northern regions of Russia, the rule is that continuity of work experience is maintained for two months from the date of dismissal;
If a citizen loses his job due to the cessation of the organization’s functioning or due to a reduction in the number of personnel, the break in professional activity will remain for three months;
If a person terminates a working agreement with an employer due to moving to another city or transfer of a spouse to work in another region of the Russian Federation;
The period of maintaining continuous work experience increases for working citizens of retirement age;
If an employee loses his job due to temporary disability, continuous work experience is maintained for three months;
For parents of incapacitated children, the break from work increases;
If a citizen has military status or has been a participant in hostilities, continuous work experience will be maintained for a period of three months.

Important! The period during which a non-working citizen will be registered with the Employment Center and will receive financial assistance from the state is not subject to calculation when calculating the total duration of continuous work experience, but does not interrupt it.

Continuity of service ends in the event that the termination of a working agreement with a subordinate occurred on the basis of a violation of the terms of cooperation. This could be damage or theft of the employer's property, abuse of professional duties, or violation of discipline. This principle also applies if the employee initiated the termination of cooperation with the employer for unreasonable reasons twice within one year.

What does it affect?

Despite the fact that the concept of continuous length of service has been replaced by the definition of insurance length of service, in some industries continuity of length of service continues to have an impact. Why do you need continuous work experience?

The importance of maintaining continuity of service applies to the following cases:

Based on the content, continuity in work has a decisive influence on the duration of annual paid leave;
The length of continuous service affects the amount of additional payments that are attached to the worker’s basic earnings.

Many citizens are especially interested in the answer to the question, Does continuous work experience affect the amount of pension accruals? It is worth remembering that this condition, after reforming the pension system of the Russian Federation, lost its significance. At the moment, the number of years worked and the amount of wages are subject to accounting only for citizens born before 1963 and who ceased their professional activities before the implementation of these reforms in 2002. In other cases, continuous work experience is not taken into account when calculating and assigning the amount of pension benefits.

In what cases and for whom is continuous work experience important?

As noted earlier, continuous work experience continues to influence the professional activities of certain categories of workers. Representatives of the following areas are identified as such groups of workers:

Persons performing professional duties in the medical field. In addition, continuous length of service is important for citizens involved in rescue operations;
Educational workers;
Representatives of the civil service.

The absence of breaks in work is important not only for representatives of certain professions in order to receive additional vacation days and bonuses to the basic salary, but also for other workers in exceptional cases. For example, if, after making adjustments to the Russian pension system, the duration of the insurance work experience turned out to be less than the continuous work experience, then when calculating the amount of the pension, the duration of continuous years of service is taken as the basis.

How to calculate?

Calculation procedure:

Based on the entries made in the work book, all dates of placement at a new place of duty and dates of termination of work at the enterprise are written down;
Further, the dates of subsequent employment are subtracted from the dates when the citizen left the place of duty;
If the period received does not exceed the permissible period of break in work (this period is determined based on the reason for dismissal from the previous place of work) and is included in the total continuous length of service.

In order to make correct calculations of continuous work activity, it is necessary to take into account periods of time when a person did not work, but which are subject to accounting. For example, serving in the army under a contract, being on leave to care for a newborn child.