Whether the experience is interrupted when working. What experience is considered continuous? What threatens and what the interruption of employment is affected

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

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

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

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

Terms of Continuity

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

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

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

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

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

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

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

How to consider continuous work experience when dismissal?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For each person, labor experience is an important component. It affects many indicators. Therefore, it is worth considering what labor experience is, and how does it reflect on a person's life?

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What is labor experience?

Under the concept " seniority»Means the duration of human working activity. It is this indicator that is the main one for obtaining the right to pension provision and disability benefits. The employee's experience is confirmed by the employment record. There are cases when the owner of this document has lost information on primary activities, in which case it is possible to realize the calculus of pensions.

There are several types of employment experiences:

The overall experience includes all the years of employment worker. In this case, it also includes periods such as service in the army, disability, decree, disabled and unemployment. The last indicator is calculated only if a person receives cash benefits from social services.
Continuous experience includes a total duration of continuous operation in one enterprise.
Special labor experience is designed for people who occupy the respective posts.

Everyone should know that the workbook is an important document that confirms the work experience. It is necessary to carefully follow the correctness of its filling and not lose. If the information does not correspond to reality, you must request changes to the employer.

What affects his interrupt?

Currently, not every person can work for a long time in one enterprise in a continuous basis. There are always situations when the employee must stop its activities. There are several criteria that affect the interruption of the employment experience:

Dismissal. If a person has voluntarily quit from work or decided to change the generation of the activity, then his work experience is interrupted. However, this rule does not include the reduction of the staff of the workers and the liquidation of the organization. The experience is interrupted if a person did not get a new job within three weeks.
Hospital. We are talking about those hospital in which their payment does not correspond to the tasks of social insurance or the constitution.
Care of the employee from the official place of the device for an informal organization (private firm). In this case, it is believed that the worker voluntarily left the enterprise and his experience is interrupted.

Each change associated with the change in the employee's activities must be fixed in the employment record. If the activity is constantly interrupted, then such a phenomenon may adversely affect the number of pension benefits.

How to make it continuous?

The amount of benefits during disability depends on the continuous employment experience. If you wish, you can save it, for this, you must remember the following paragraphs.

The experience becomes continuous if:

A person at his own will enjoyed a job after retirement.
A disabled citizen receives unemployment benefits. In this case, to prevent the abrupting of the employment experience, it is necessary to queue on the labor exchange during the search for new work.
Less than three weeks passed from the date of dismissal. Before quenching from one organization, a person needs to find a new job.

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

A person after dismissal comes to work on his own request. For example, if the wife was forced to change the organization due to the move of the spouse to another area.
Citizen retired by age.
The person resigned from work at the enterprise, which was located on the territory of the Far North or abroad.

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

A citizen was dismissed in connection with the reduction or liquidation of the organization.
The employee was dismissed due to the discrepancy with his post.

If for any reason the employer does not preserve the continuity of the work experience, then its actions can be appealed in court.

Legal basis and their changes

From April 1973, by the end of 2006, a law on the calculation of employment has existed in the country. According to his condition, he was considered continuous if a citizen got a job less than one month after dismissal. Since 2007, this law has changed, the lifetime, now, is three weeks.

Since 2007, temporary unemployment allowance has changed. Today it is:

Payment 100 percent of wages with an experience of 8 years.
Paying 80 percent of wages with experience from 5 to 8 years.
Payment 60 percent of wages with more than 5 years.

Since January 1, 2007, changes are made to calculate disability benefits. Now, the insurance experience is taken into account, which includes the amount from all periods.

What does the continuous work experience affect?

Continuous work experience - This is the duration of the employee in one place or in several organizations, if the break does not exceed the deadline. Based on this indicator, the amount of benefits is calculated during disability, it can be 60, 80 or 100 percent of wages.

Continuous work experience affects:

the size of old age pension;
the amount of disability pension collisions;
the amount of pension provision on the occasion of the loss of the breadwinner;

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

Prepare the necessary things: calculator, handle, paper, computer and workbook.
To calculate the continuous experience, 1C "Salary and Frames" program is required. If you wish, you can implement this procedure yourself using the calculator.
The program requires all the dates of reception and dismissal from work. After that, you need to click the "Calculate" button and wait for the results.
With an independent calculation, first of all it is necessary to calculate the number of employment. To do this, you need to subtract from the date of dismissal the date of the device to work. Next, you should add the results, the break between which was more than three weeks.

Do not read and the result, if the employee was fired more than two times a year. You should also pay attention to the exceptions in which the work experience is not interrupted.

Which is not included, but does not interrupt the experience

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

During the receipt of secondary special or higher education, the experience is not interrupted. This also applies to training in graduate studies and reinforcement. However, the break between dismissal from work and admission to an educational institution should not exceed the deadlines.
If a person has been abroad for a long time, getting there skills for work. In this case, the time of his liberation from labor activity should not exceed two months.
The work experience is not interrupted if the person works at a seasonal enterprise. For example, its activities are related to agricultural or shipbuilding industry. In this case, he needs to work in a completely one season, after which it is to conclude an agreement on returning to work in the next period.
The increasing is the case if a citizen is serving the time for correctional work, however, it is not about the deprivation of freedom at his place of work.
If the employee in the period between dismissal from one position and the entry to another was recognized as disabled, this period is extended. In this case, the person needs to submit a certificate.
The term is lengthened in the event that an additional time is required to move to another locality.

The duration of the employment experience is established by the employer in accordance with the norms of the Russian Federation. Each action must be spelled out in the employment record.

It should be responsible to such a question as an employment experience. It is this indicator that will be used when making a pension. In order to secure a worthy old age, it is required to comply with the continuity of labor experience.

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

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

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

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

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

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

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

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

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

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

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

Definition of concept

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

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

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

Terms of continuity of employment after dismissal

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

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

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

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

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

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

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

At the moment, then how much after the dismissal is interrupted, it matters only for individual categories of workers who are due to surgery for years and other compensation. In all other cases, work experience is considered interrupted from the moment of dismissal, and temporary unemployment brings much less losses than before.

How to consider continuous work experience when dismissal?

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

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

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

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

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

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

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

What are the consequences of the interruption of labor experience?

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

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

Rules for the conservation and calculation of continuous employment experience

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

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

What is a continuous work experience

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

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

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

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

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

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

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

Under what conditions the work experience is preserved

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

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

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

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

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

Continuous work experience will continue in the following cases:

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

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

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

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

How the work experience is calculated

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

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

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

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

Have questions? Specify them in the comments to the article

How many work experience is not interrupted after dismissal?

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

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

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

See also: Employment contract with employee

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

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

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

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

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

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

When is labor experience interrupted after dismissal?

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

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

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

When labor experience is interrupted after dismissal at your own request

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

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

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

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

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

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

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

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

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

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

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

What experience is considered continuous?

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

Labor continuous experience

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

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

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

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

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

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

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

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

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

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

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

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

In which case, the work experience is considered continuous?

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

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

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

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

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

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

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

Starting continuous when:

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

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

How many days is the continuous experience?

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

Continuous work experience is set out in the law, which loses its legal force in 2007. It was before that this year that the experience is not interrupted, the period of employment to another place was to be not more than 21 days. If you do not observe these deadlines, it is interrupted. However, since 2007, the Federal Court has changed some requirements and conditions.

Terms of continuous employment after dismissal

He was adopted in early 2007. According to the main provisions, now it is much easier to calculate payments on the hospital. Before the entry into force of this legislation, the payment of the hospital, as a rule, depended solely on the duration of continuous activity. If you wanted to have a good payment on the hospital sheet or retirement, the experience should not be interrupted.

If a resident of Russia has a record in his book, according to which the insurance experience is continuous over 8 years, the hospital is paid in one hundred percent amount from the average daily wage. If labor activity in the range is 5-8 years, then 80 percent of the average wage is expelled for the hospital. If you have worked for 5-8 years, then 60 percent. Up to 12 months - depending on the mardon installed in your region or the area where you are spelled out and continue to work.

How many days is not interrupted by the work experience after dismissal?

Sometimes there are circumstances when after dismissal from one organization, with subsequent employment, activities are not interrupted, since the following reasons exist:

A staff reduction or enterprise was committed. From the employee there is no participation here. After all, the employment agreement is terminated not because of the employee;
It is required to carry out the transfer of deputies of the State Duma or military in another city in connection with the current professional activities;
A few years before the accrual of pensions and access to a new job;
Employees were involved in public works that are subject to payment;
The employee was detained for unreasonable reasons. An exclusive verdict was issued, as well as restoring the previous position. In this case, the experience does not stop.

3 weeks are allowed not to interrupt the activity if the employee went on his own or was for this respectful reason. 3 months are provided if the staff has reduced the staff, it was eliminated or reorganized. By agreement of the parties, one month is provided in order for the employee to find a new job.

How not to interrupt the work experience after dismissal?

In addition to the conditions that allow you to determine continuous career after an employee independently dismissed, in 2018 there are other deadlines for those who are forced to terminate the employment contract in various situations:

Servicemen who are called on a contract. Term - 1 year;
Military personnel whose service lasts more than 25 years, as well as veterans - no limitations for timing;
Deputies of the State Duma and government workers - half a year.

Medical experience is calculated by analogy with insurance. That is, it includes only those temporary frames when funds have been made to the Insurance Fund. Sometimes the preservation of current activities regulate regulations that were concluded in the enterprise. However, such documents are usually concluded on the basis of old generally accepted papers. But they have already lost their legal force.

From what moment the work experience is interrupted after dismissal?

Until 2007, the employee could dismiss repeatedly. At the same time, the preservation of the employment after dismissal was not occurring, since the utility of unemployment exceeded the permissible norms. For long service, some benefits were charged. However, according to the law, which was accepted after 2007, now he must first reach this period, after which it will be able to obtain the benefits approved by him.

Is hospitalized after dismissal experience?

If you do not know, is paid and is hospitalized in labor experience after dismissal, then its term is 30 days. That is, during this period, he can be paid if the employee did not work out officially for a new job. Each employee who deducts funds to the Insurance Fund due to disability and in the case of maternity, can count on his hospital. The final amount of cash payments in 2018 depends on:

Insurance activities that are calculated on the basis of the official employment period at the conscientious employer;
The average daily salary, which is calculated in the two previous years, regardless of jobs. It is divided into 730 days.

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

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

The concept of dismissal at their own request

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

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

Conditions for preserving the continuity of the experience in voluntary care

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

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

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

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

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