Interruption of experience on what effect. Continuous experience - how many days? What are the conditions for maintaining continuous experience? What happens if work activity is interrupted

For every person, work experience is an important component. It affects many indicators. Therefore, it is worth considering in more detail what seniority is, and how does it affect a person’s life?

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What is work experience?

Under the concept " seniority» means duration work activities person. It is this indicator that is the main one for obtaining the right to pension provision and disability benefits. The employee's work record serves as confirmation of the employee's length of service. There are cases when the owner of this document has lost information about the primary activity, in which case it is possible to realize pension calculations.

There are several types of work experience:

The total length of service includes all years of work of the employee. In this case, it also includes periods such as military service, disability, maternity leave, caring for a disabled person and unemployment. The latter indicator counts only if the person receives cash benefits from social services.
Continuous work experience includes the total duration of continuous work in one enterprise.
Special seniority is intended for people holding relevant positions.

Everyone should know that a work book is an important document that confirms work experience. It is necessary to carefully monitor the correctness of its filling and not lose it. If the information is not true, then you need to request changes to the data from the employer.

What influences its interruption?

Currently, not every person can work for a long time at one enterprise in an uninterrupted manner. There are always situations when an employee must stop his activity. There are several criteria that affect the interruption of seniority:

Dismissal. If a person voluntarily quit his job or decided to change his occupation, then his work experience is interrupted. However, this rule does not include the reduction of the staff of workers and the liquidation of the organization. The length of service is interrupted if a person does not get a new job within three weeks.
Hospital. We are talking about those sick-lists in which their payment does not correspond to the tasks of social insurance or the constitution.
The departure of an employee from an official place of employment to an informal organization (private firm). In this case, it is generally accepted that the employee voluntarily left the enterprise and his seniority is interrupted.

Each change associated with a change in the activity of the employee must be recorded in work book. If activities are constantly interrupted, then this phenomenon can negatively affect the amount of pension benefits.

How to make it continuous?

The amount of the benefit during the period of incapacity for work depends on the continuous length of service. If you wish, you can save it, for this, you must remember the following points.

Experience becomes continuous if:

Man by own will went to work after retirement.
A disabled citizen receives unemployment benefits. In this case, in order to prevent the interruption of seniority, it is necessary to stand in line at the labor exchange while looking for a new job.
Less than three weeks have passed since the day of dismissal. Before leaving 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 goes to work of his own free will. For example, if the wife was forced to change the organization due to the spouse moving to another area.
The citizen retired due to age.
A person quit his job at an enterprise located in the Far North or abroad.

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

The citizen was dismissed due to the reduction or liquidation of the organization.
The employee was fired due to inconsistency with the position.

If for some reason the employer does not maintain continuity of work experience, then his actions can be appealed in court.

Legal bases and their changes

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

Since 2007, the temporary unemployment benefit has also changed. Today it is:

Payment 100 percent of wages with an experience of 8 years.
Payment of 80 percent of wages with an experience of 5 to 8 years.
Payment of 60 percent of salary with experience up to 5 years.

Since January 1, 2007, changes have been made to the calculation of disability benefits. Now, the insurance period is taken into account, which includes the amount from all periods.

What influences continuous work experience?

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

Continuous work experience affects:

the size of the old-age pension;
the size of the disability pension;
the size of the survivor's pension;

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

Prepare the necessary things: calculator, pen, paper, computer and work book.
To calculate the continuous experience, you need to find the 1C program "Salary and Personnel". If desired, you can carry out this procedure yourself using a calculator.
The program requires you to enter all the dates of admission and dismissal from work. After that, you need to click the "calculate" button and wait for the results.
When self-calculation, first of all, it is necessary to calculate the amount of labor activity. To do this, you need to subtract the date of employment from the date of dismissal. Next, you should add those results, the interval between which was more than three weeks.

You should not read out the result if the employee was fired more than twice a year. You should also pay attention to exceptions in which the length of service is not interrupted.

What is not included, but does not interrupt the experience

There are some situations in which the seniority is not interrupted:

At the time of receiving a secondary special or higher education experience is not interrupted. This also applies to postgraduate and residency studies. However, the gap between being fired from a job and entering a educational institution must not exceed the time limit.
If the person was for a long time abroad, gaining skills for work there. In this case, the time of his release from work should not exceed two months.
The work experience is not interrupted if a person works at a seasonal enterprise. For example, its activities are related to the agricultural or shipbuilding industries. In this case, he needs to work out completely one season, after which he will conclude an agreement on returning to work in next period.
An exception is the case if a citizen is serving time in corrective labor, however, we are not talking about deprivation of liberty at the place of his work.
If the employee was declared incapacitated between dismissal from one position and admission to another, then this period is extended. In this case, the person must submit a certificate.
The period is extended even if additional time is needed to move to another area.

The length of service is set by the employer in accordance with the norms of the Russian Federation. Each action must be written in the work book.

It is necessary to treat such an issue as seniority with responsibility. It is this indicator that will be used when applying for a pension. In order to ensure a decent old age, it is required to observe the continuity of seniority.

Continuous work experience until 2007 was an extremely important indicator.

It influenced the future pension and made it possible to receive significant additional payments to the salary. Today, this concept has practically lost its relevance, but nevertheless, in some areas it is still considered not only important, but also decisive.

Many citizens believe that working within the same organization is uninterrupted work experience, but in reality this is not the case. You can change employers and even professions, and the experience will be preserved. But for this it is necessary to observe a few important conditions.

Work experience is the total duration of work activity, during which a citizen performed some duties. All years official employment are reflected in the work book, which is the main evidence of their presence. Seniority allows an employee to receive retirement benefits when they reach a certain age or when they have worked a set number of years. In addition, official work allows you to qualify for subsidies, social benefits and other state guarantees.

The concept of seniority has been greatly transformed in recent years, because the pension reform was carried out, which led to changes. Business continuity is no longer an indicator for calculating pensions or other benefits.

Currently, experience is divided into the following types:

General, which includes all periods.
Special, it is designed for certain professions and positions and allows you to count on preferential accrual of pension benefits.
Insurance, which includes, among other things, non-working periods during which contributions were paid or social security was provided to citizens.

Each of the species plays an important role in human life, therefore, requires a more detailed consideration.

General

The concept of total work experience was retained solely to determine the periods that were accumulated before January 1, 2002. Today, this indicator is not relevant in legislative regulations, but it is used everywhere in the philistine environment, hence the confusion.

For citizens who began their work activities before 2002, the total experience allows you to calculate how many years they have worked before the start of this period. It includes:

Years of work on public service or commercial structures.
Time of work as an individual entrepreneur.
Creative activity of members of various teams.
Passage of military service.
Temporary disability that began at the time of work.
Exemption from work due to disability of the first and second groups, provided that it was received at work.
The time when unemployment benefits were accrued.

All these segments are added together, and the total total experience is obtained.

Insurance

The length of service is the indicator that is taken as the main one for calculating the periods worked at the present time. It represents a set of segments during which insurance premiums were paid to the fund social protection population.

Insurance periods include:

All days and years of work, provided that the employment was official under the contract.
Military service or equivalent periods.
Time of incapacity for work when the cash benefit was accrued.
Caring for children under the age of three, but not more than 1.5 years for one baby and 4.5 years for all in the aggregate.
Segments when a citizen was listed on the labor exchange and received unemployment benefits.
Moments when a person took part in community service.
Time of imprisonment, provided that the charge is dropped for lack of merit.
Care for children with disabilities, adults with disabilities and the elderly over 80 years of age.
No more than five years of absence from work, if the military spouse is unable to find a job in the area of residence.
Years of being abroad without the opportunity to work when the spouse is a consul or diplomat. Also no more than five years.

All the specified periods apply if immediately before their start or immediately after their end, the citizen works.

Continuous

Continuous experience, despite the limited use of this term at the present time, has not changed its essence at all.

This concept implies that a citizen works constantly, without long breaks between dismissal from one job and employment in another. By law, to maintain continuity, a person should not exceed the allowable limit when changing employers.

The absence of breaks in labor activity does not allow counting on additional coefficients to a pension or receiving other benefits. But there are professions in which it is extremely important not to have breaks, for example, doctors, teachers, etc.

Breaks in work activity

Upon reaching the age of majority, a citizen enters working age and can begin his work activity. For most people, it is postponed until the moment they graduate from school and get a profession. After the fact of the first employment has taken place, a person has to work all his life until he reaches retirement age. However, in life there are various situations who may interrupt work temporarily. The reasons for such interruptions are classified as follows:

Personal - the need for treatment or adaptation after illness or injury, the collection and execution of documents in connection with the death of relatives, study, travel abroad, moving to another area on the territory of the Russian Federation.
Economic - downsizing or complete liquidation of the organization, while the inability to find a new one workplace due to a general crisis or low demand for a person's specialization.
Professional - lack of official employment due to the temporality of the tasks performed or the inability to conclude an agreement with the employer.

Each reason entails dismissal, and further employment. Whether a break will be counted in the total length of service depends on many criteria, including their duration.

How important is continuous experience?

Rooted in the subconscious of people back in Soviet times, the concept of continuity of labor haunts many citizens to this day. Let's see if its significance is so relevant in 2018.

The main priority of working without interruptions was previously considered to be the opportunity to receive an increased pension. Citizens who continuously worked for a certain number of years received an additional payment. The new pension reform abolished this species accruals, therefore, regarding this type of benefit, you can forget about continuous experience. However, many state and municipal employees have bonuses to their salary for long service, which is considered work within the same field of activity without interruptions. Dismissal from one organization and transfer to another interrupts the established countdown of seniority.

No breaks are important medical workers, teachers, rescuers. Prolonged absence of employment by profession entails a loss of qualifications, therefore, constant labor activity encouraged.

Continuity periods after dismissal

Continuous work experience after dismissal is maintained only if the deadlines are met. They differ depending on the reason for termination of the relationship, working conditions and other aspects.

Voluntary dismissal without indicating the reason for such a decision allows the employee to be in search of a new job for no more than three weeks. But if within one year he terminates the contract for the second time on his own initiative, then this benefit will also be withdrawn from him. If the employer decided to dismiss the employee or a transfer is made from one organization to another, then a difference of one month is allowed. Citizens who worked in the regions of the Far North or in other countries with which special employment agreements have been concluded, then a break of a maximum of two months is allowed.

Dismissed due to reduction or reorganization of the enterprise.
Lost a job due to temporary disability.
Left without a job due to the received disability group.
Resigned from office due to health or non-compliance.
Teachers primary school who were reduced due to a decrease in the number of students.
Participants in hostilities and former military.

Sometimes dismissal automatically interrupts the length of service, this happens if the employer initiated the termination, and the reason is illegal actions employee.

How to calculate seniority

When calculating the length of service, only those periods that have been worked out, as well as those that are equated to them, are taken into account. It is necessary to count the segments according to official documents. Their list, in addition to the work book, may include a military ID, certificates from the employment center and the social protection fund. If for some reason the data is not entered in the book, then copies of orders for hiring and dismissal from it are provided.

Speaking of continuous experience, it is necessary to take into account the reasons for interrupting work activities. If it allows you to add the next period, then it is calculated from the date of admission to the date of dismissal, and the breaks themselves, which, according to the law, do not exceed the prescribed norms, of course, are not taken into account.

Consequences of interruption of work experience

Interruption of seniority, despite the irrelevance of the concept in given time still have implications for the employment side. As a rule, the subsequent employer is always interested in the reason for the lack of work in the specified period. This is especially true for specialists high level and leaders. Long downtime entails falling out of the general rhythm, loss of skills and general disorientation in the labor market.

The presence of breaks in work, in general, does not affect other indicators of the employee's further social security. Although, for example, the same unemployment benefit will greatly decrease if a person long time did not work, and went on sick leave in the first months of work. In this case, the insurance period will be considered, but the income for two recent years labor will be minimal.

Does continuous service affect the amount of pension

Pension is the apogee of every citizen's working life. Most often it is appointed by old age. The following age limits have been adopted in the Russian Federation:

For men 60 years old.
For women 55 years old.

You can work after the specified period, but if you wish, you can go on a well-deserved rest.

Some professions in connection with special conditions work allow you to retire earlier than the specified age. They take into account the accumulated length of service, and sometimes reaching the retirement period is a combination of years worked and age limits.

In neither case does continuity play any role in the calculation of benefits.

What is continuous work experience?

To begin with, it is important to clarify the concept of seniority. It's pretty simple. talking plain language, this is the period of time that is allotted for the work of a citizen. Moreover, this work must be formalized. It can also include entrepreneurial activities.

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

According to the Labor Code of the Russian Federation, the length of service when transferring to another organization can be maintained if the duration of the break is not more than a month. At the same time, other norms are established in the current legislation. For some people, it can persist even with a 2-3 month break.

Rules for calculating continuous work experience in force in 2018

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

In more detail it is necessary to dwell on cases where this period of time is allowed 2 or 3 months. Calculation of 2 months is allowed for the following persons:

after the end of the contract;
released from work at Russian enterprises located abroad;
released from work in organizations outside the country with which the Russian Federation has agreements on social security(the calculation starts from the day of arrival in the country).

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

who fell under the reduction of staff, liquidation or reorganization of the enterprise;
who were fired due to temporary disability (calculations begin from the moment the disability is restored);
who were fired due to the fact that, for health reasons, it was impossible to fulfill their duties;
primary school teachers due to a decrease in the number of students.

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 is maintained until the children reach the specified age.

How to calculate the continuous work experience according to the work book?

count continuous experience work on the work book can be done using a calculator. It can be an online program or a simple regular calculator with which you can manually calculate. It is quite obvious that it is much easier to calculate the duration of work on an online calculator. It simply enters the numbers from the work book, indicating the dates of hiring and dismissal. The calculation is made automatically by clicking the "Calculate" button.

At the same time, during the calculation, certain values \u200b\u200bmust be taken into account, based on clause 1 of article 13 of the current Labor Code of the Russian Federation. To calculate the 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 particular 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 further period work is not summed up to the previous one.

Continuous work experience for calculating sick leave in 2018

Deadline for calculation sick leave affects the amount of benefits that are provided for temporary disability. At the same time, in 2018, the calculation is carried out according to the length of service, continuous when determining the amount for sick leave is unimportant.

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

Continuous work experience upon dismissal of one's own free will

Continuous work experience Labor Code article 17 specifies that, if it occurs, the period of interruption between the transition to new job 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 dismissal of one's own free will, this period may last up to 30 days. It is also worth remembering that voluntary dismissal more than once a year does not maintain continuity, even if the 21 day break has not passed.

Does continuous work experience affect the amount of pension?

To date, a continuous period of work does not affect the size of the pension. As well as the calculation of the sick leave, the determination of the amount of the pension is based on the worker's insurance period, that is, the period of work for the whole life when insurance premiums were made. This has been installed since January 2007. For the most part, the amount of wages affects the size of the pension. Accordingly, the more it was, the larger size pension is expected.

The professional period is of fundamental importance. It is its duration that determines the amount of payments for temporary disability (as well as), and the time of retirement depends on it.

The correct calculation of this value is the main task for employees of the personnel department. At the same time, the general work time may be interrupted.

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

It is also worth considering that registration with the Labor Exchange (if a person does not have a “prepared” job) should also be carried out in a certain period after dismissal. This issue is considered in more detail.

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

This value is retained if the break is 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 in another place.

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

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

dismissal at the initiative of the employee. As a rule, this is the termination of work activity of one's own free will;
dismissal due to negative reasons. This may be a violation of industrial discipline, the commission of a gross disciplinary offense or the commission of a crime. In any case, the employer is the initiator of the termination of the relationship;
downsizing or liquidation of the enterprise as a whole. In such a situation, the employee loses his position and his working period is forced to be interrupted.
These cases are specified in the law. Moreover, each situation has its own specifics. And the preservation of the period or its interruption directly depends on the reason for the termination of relations with the employer.

When is the seniority interrupted after dismissal?

The conditions for how long continuous work experience is maintained after dismissal depend on the reasons for leaving work. There are several situations here:

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

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

When the seniority is interrupted after dismissal of one's own free will

The above situations also apply to the facts of termination of legal relations with the employer at will. That is, the resigned person has one month left. At this time, the period is saved.

Even if the employee does not settle in a new place for several months, the specified one month will still be attributed to the number of working hours. After the specified month, the length of service will be interrupted.

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

Dismissal at the initiative of the employer means the commission of a gross misconduct by a person. It is this misconduct that becomes the basis for dismissal. Therefore, there is no reason to allow time to find a new place while maintaining the working period. After all, the face broke labor discipline or otherwise proved incapacitated to work in the same place.

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

Thus, the answer to the question of when the length of service is interrupted after the article is obvious. Not a single day after the loss of work is saved.

Is the length of service preserved when entering the labor exchange after dismissal

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

Thus, there are no grounds for maintaining the working period. Therefore, the employee receives only one or two months due to him after losing his job. An exception is cases where the contract is terminated at the initiative of the employer.

Of your own accord

In such a case, the period is kept for one month. The calculation of the specified time begins with a mark in the work book.

Upon liquidation of an enterprise

The reduction or complete liquidation of the enterprise makes it possible to maintain continuity for a period of three months from the date of termination of legal relations with the employer.
This is the maximum time allowed by law.

Every working person sooner or later terminates the employment relationship with the employer. Sometimes this happens involuntarily at the initiative of the employer, more often the employee leaves the job of his own free will - for example, if he has found a higher paying job.

Legal aspects labor relations far from known to every employee, so often people are not sure whether they will continue to have continuous experience after dismissal of their own free will. Let's look at this issue in more detail.

The concept of voluntary dismissal

First of all, it must be emphasized that leaving work of one's own free will is also possible if the employer himself is the initiator of the termination of the employment relationship. As a rule, modern employers, when announcing a dismissal, offer the employee to write a letter of resignation of his own free will. For the employer, such a technique is an opportunity to avoid conflicts related to the further employment of a former employee.

Usually, employees agree to such a procedure, since this, in fact, allows them to hide the very fact of forced dismissal and get a new job without any problems. Thus, when we talk about leaving on our own, we are talking about the vast majority of cases of transition to a new job. That is why the continuity of experience upon dismissal of one's own free will concerns literally all working people.

Conditions for maintaining continuity of service with voluntary care

The work experience itself consists of the time during which a person has an official job (this also includes his own entrepreneurial activity). Its concept is revealed in federal law No. 166-FZ of December 15, 2001 on pension provision. based on the wording in the law, seniority is the total duration of work, which is counted in the insurance experience of a working person and is taken into account when assigning pensions. At the same time, the continuity of experience does not at all imply that a person should work in the same organization.

But in the current labor law the concept of seniority, as such, disappeared, it was replaced by a citizen's insurance experience. How it is calculated is stated in the order of the Ministry of Health and Social Development No. 91 of 02/06/2007. And it does not take into account continuity, but rather the payment of insurance premiums while working for one or another employer. The future pension, and the payment of disability benefits and maternity benefits depend on this. However, in the law No. 255-FZ of December 29, 2006, Art. 17 there is a clause that if the duration of the insurance period for the period before January 1, 2007 turns out to be less than the continuous length of service, which was previously used to calculate benefits, the insurance period can be replaced by continuous work experience.

Therefore, in some cases, the need for continuous work experience remains, primarily to obtain certain benefits. Therefore, it should be remembered that in general case, continuity of service upon dismissal of one's own free will is maintained if the employee, moving to work in another organization, allowed a break in work for a period of not more than one calendar month. In some cases, this period can be extended up to 2 months (for employees of the Far North or for former employees Russian enterprises located abroad). The right to extend the period up to 3 months is given to people who left work for health reasons or in connection with the reorganization / liquidation of the enterprise. Particularly stipulated are the conditions for maintaining continuous experience for pregnant women and mothers with minor children.

In some cases, the continuity of experience is maintained regardless of the break in employment. For example, this applies to employees who resigned of their own free will in connection with the transfer of a spouse to work in another area.

In what cases can now take into account continuous work experience, not counting the calculation of benefits? In particular, this directly applies to rescuers, whose vacation time depends on the length of service, which is spelled out in Law No. 151-FZ of 08/22/1995. Rescuers with continuous work experience of more than 15 years, for example, receive a vacation of 40 days. with less experience, vacation is also reduced. Directly the presence of continuous work experience concerns medical workers, in particular when taking refresher courses. For example, an experience of less than 10 years requires additional education of more than 500 hours. With a longer experience of a medical worker, the internship time is reduced (Order of the Ministry of Health No. 66n of 08/03/2012). Continuous experience is taken into account when conferring academic titles (Government Decree No. 1139 of 12/10/2013).