What break in work is considered continuous work experience? Other Important Features

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

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

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

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

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

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

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

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

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

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

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

Definition of the concept

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

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

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

Continuity of work experience after dismissal

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

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

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

  • At your own request and in the absence of valid (compelling) reasons – 3 weeks.
  • For staff reduction – 3 months if the company was reorganized or liquidated.
  • At your own request if there are good reasons, or by agreement of the parties - 1 month.

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

  • Those serving under a contract in the RF Armed Forces – 1 year.
  • Military personnel with more than 25 years of service, as well as combat veterans - without a time limit.
  • Employees of the Government of the Russian Federation and the State Duma - 6 months.

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

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

How to calculate continuous work experience upon dismissal?

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

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

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

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

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

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

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

Read also: Order to increase wages - sample

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

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

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

What could be the consequences of interrupting your work experience?

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

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

Rules for maintaining and calculating continuous work experience

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

More information about whether maternity leave is included in teaching experience can be found at this link.

What is continuous work experience?

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

The concept of “work experience” is collective for three types of work experience. Social security law distinguishes the following types of work experience:

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

Each of these types of work experience has different legal consequences. The difference between continuous work experience and special and general work experience lies in its content. The components of continuous service include only work activity. An exception to this rule is the inclusion in the continuous length of service of the period of compulsory military service, as well as leave to care for a child under 3 years of age.

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

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

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

Under what conditions is work experience maintained?

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

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

  • Continuous work experience after dismissal at one's own request is maintained subject to employment within 30 days from the date of dismissal.
  • For people living in the Far North and in areas equated to the Far North, this period is increased to 60 days if their work prior to dismissal involved being outside the Russian Federation. Also, foreign citizens can remain unemployed for 60 days when a social security agreement has been concluded with their home country. provision during this time. For employees who have lost their jobs due to downsizing or reorganization of the company, continuous work experience is maintained for 60 days.
  • The period for maintaining continuous work experience is extended to 90 days if the employee’s dismissal was forced. An example is a situation where primary school teachers quit due to a decrease in the number of students.

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

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

Continuous work experience will remain in the following cases:

  • if a person, after retirement due to length of service, resumes working activity;
  • upon dismissal from service of military personnel located in a zone of military conflicts on the territory of other countries;
  • if the dismissal of a parent employee is due to the need to care for a child infected with HIV (with the condition that when the child reaches 18 years of age, the employee will return to work).

For the above categories of citizens, continuous work experience will remain regardless of the period in which the person starts working again.

If a woman goes on maternity leave, her continuous work experience will be maintained. But in Russian legislation there is no information about whether continuous length of service is maintained when a woman goes on maternity leave. Lawyers argue that continuous work experience is maintained, since the woman remains employed, despite the fact that while on maternity leave she is engaged in family affairs and not in performing official duties.

The video talks about confirming work experience

How is work experience calculated?

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

During the existence of the Soviet Union, continuous work experience was especially important when calculating pensions. He guaranteed receipt of all kinds of benefits, as well as an increase in the size of the old-age pension. But in 2002, Russia switched to a new pension system, so the procedure for pension calculation was changed. Now, to calculate a pension, continuous work experience is no longer required. The size of the pension depends on the constant insurance accruals that were paid for the employee at the time of his employment under the contract.

Since 2015, continuous work experience under the Labor Code is determined differently than it was in the USSR. The Labor Code says that continuous length of service is counted only when the employee worked in a specific organization. Continuous work experience includes the labor activity of an employee, which he carries out after dismissal while maintaining his profession, subject to compliance with all terms of further employment.

Continuous work experience in 2017 is calculated in calendar months and years during which the employee worked in one organization. When moving to another place of work, work periods at the new place of work will be counted only if all legal requirements for the terms provided for employment have been met.

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

How long does your work experience last after dismissal?

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

Correctly calculating this value is a major challenge for HR employees. In this case, the total working time may be interrupted.

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

Read also: Employment contract with the employee

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

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

  • date of termination of the contract between the employee and the employer;
  • date of hire at another location.

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

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

  • dismissal at the initiative of the employee himself. As a rule, this is cessation of work activity at one’s own request;
  • dismissal due to negative reasons. This could be a violation of production discipline, committing a gross disciplinary offense or committing a crime. In any case, the initiator of termination of the relationship is the employer;
  • staff reduction or liquidation of the enterprise as a whole. In such a situation, the employee loses his position and his working period is forced to be interrupted.
  • These cases are specified in the law. Moreover, each situation has its own specifics. And the continuation of the period or its interruption directly depends on the reason for the termination of relations with the employer.

When is employment interrupted after dismissal?

The conditions for how long continuous work experience is maintained after dismissal depend on the reasons for leaving work. Several situations can be distinguished here:

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

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

When the length of service is interrupted after voluntary dismissal

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

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

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

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

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

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

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

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

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

  • In this case, the period remains for one month. The calculation of the specified time begins with a mark in the work book.
  • Reduction or complete liquidation of an enterprise makes it possible to maintain continuity for a period of three months from the date of termination of legal relations with the employer.
    This is the maximum time allowed by law.

What length of service is considered continuous?

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

Continuous work experience

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

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

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

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

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

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

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

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

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

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

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

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

In what cases is work experience considered continuous?

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

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

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

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

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

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

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

The period of service is continuous when:

  • a citizen is studying in higher or secondary educational institutions. graduate school or residency, provided that the duration of the break between dismissal and admission to an educational institution does not exceed the time established by law;
  • when a citizen is a member of the employee’s family. sent outside the state to work in various structures if the period of time from return to employment does not exceed 60 days;
  • for seasonal workers who have worked for one season. who have entered into a contract to work in the next season and have begun to perform their duties within the agreed period (applies to industries where it is allowed to sum up the time of seasonal work);
  • treatment time in dispensaries in the situation. when the duration of the break between the end of treatment and registration for a position is no more than 30 days;
  • serving correctional labor at the place of work(only provided that the citizen was not deprived of liberty).

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

How many days is considered continuous service?

The length of service can be maintained as continuous during the duration between dismissal and starting a new job. no more than 1 month.

How many days is it? What is it used for? This concept was constantly heard before. But in modern Russia it is slowly becoming obsolete. So what should you know about this concept? What features should you pay attention to? And is it really needed in modern society? You can figure it all out without any problems!

No accuracy

In general, in Russia, almost every term related to work has a corresponding specific definition written in the Labor Code of the Russian Federation. It is with its help that it will be possible to say exactly what a citizen is dealing with.

Continuous work experience brings a lot of trouble when determining. In the USSR, this concept was valued and had a precise definition. Now it is not registered anywhere. All that remains is to use generally accepted rules to figure out what kind of experience we are talking about. When defining a term, some disagreement may arise. More about them later.

Basic definition of experience

What is How many days is it in Russia? The first step is to pay attention to the definition of the term being studied. It has already been said that it will not be possible to achieve accuracy in this matter, since there is no clearly defined description of the expression in the legislation of the Russian Federation.

What is continuous work experience? Many people consider time spent performing job duties within the same company. That is, how long a person has worked in a particular corporation.

This is the concept that most often occurs. In the USSR this point played an important role. It allowed you to receive a variety of allowances and bonuses, as well as other bonuses from the company and the state. But now few people strive for continuous experience.

Legal concept

What else should you pay attention to? There is a legal opinion regarding the term being studied. It slightly changes the very meaning of continuous work experience. What is it about?

The thing is that some people claim that continuous length of service is considered as time spent doing work with possible breaks that can be included in work activity. That is, it is not necessary to work within the same company. And fulfilling job responsibilities is also not always necessary for continuity of work experience.

From a legal point of view, breaks are possible. But only certain ones. Therefore, calculating continuous work experience is not an easy task. You have to pay attention to many nuances and features. After all, the state supports the legal definition to a greater extent. Sometimes the term being studied is called This is not entirely correct.

Possible career breaks

Work experience is an important concept. It plays a huge role in calculating pensions. But there is also a term called continuous work experience. It is not so important in modern Russia. It has already been said - sometimes you can take short breaks. What periods of a citizen’s life are not considered as an interruption of their work experience? Among them are:

  • completion of military service upon conscription;
  • alternative or in the army;
  • period of work in cooperatives and collective farms;
  • labor in the Ministry of Internal Affairs;
  • work as a deputy of the State Duma of the Russian Federation;
  • Holiday to care for the child.

All of the above periods do not apply to breaks in work activity. This means that if, for example, a woman worked in a company, then went on maternity leave, and then was reinstated in the organization, her work experience will continue. The main thing is that the periods listed earlier are also considered as fulfillment of official duties and labor.

Getting fired is not a problem

What else should you pay attention to? At the moment, dismissal without interruption of seniority is allowed in Russia. There are various rules on this matter. The simplest thing is a situation in which a citizen quits his job on his own and tries to find a job as soon as possible.

Under what conditions will continuous service be maintained? How many days are you allowed to be listed as fired without losing this feature? In Russia, it is allowed to search for work without interrupting the calculation of 30 days of work experience.

It turns out that if a citizen already got a job in another company, but met the month established by law, continuous work will continue. The main thing is to have official employment. Only it counts.

Another important point is that any dismissal must be of one’s own free will. And a citizen’s work record book should not include removal from official duties under the “article”. Otherwise, all rights to maintain continuous service are lost. This should always be kept in mind.

Two month

The features don't end there. The rules for calculating continuous service have several more important points. It is not always possible to change jobs within 30 days. Under certain circumstances, this period is extended. For example, up to two months. When is this possible? Under the following circumstances, the citizen maintains continuity of work for 60 days after dismissal:

  1. Previous work was in harsh conditions.
  2. A citizen of the Russian Federation worked outside the country. Upon dismissal, you are given 2 months to find a new job.
  3. If we are talking about a foreign citizen who works in the Russian Federation. But only on the condition that a social security agreement has been concluded between the countries.

There are no other significant reasons. Therefore, citizens often use the practice of finding a new job and maintaining continuity in calculating their length of service for a month after dismissal.

90 days

But this is not all the features that should be taken into account. The point is that the period of continuous service can continue even if citizens do not go to work for 3 months. This is the rarest case, but it will still have to be taken into account.

It is already clear that if you resign at your own request, in most cases you are given 30 days to find a new job. Only under certain circumstances this period is doubled. But you can count on a threefold increase.

Citizens who have been laid off can look for work for 90 days. This rule also applies to persons dismissed from their place of permanent employment due to the liquidation of the enterprise.

Spouses

There is one more point that has been overlooked. It doesn't happen very often, but it does happen. We are talking about situations when one of the spouses is transferred to work in another region. Accordingly, the family must move. The second spouse will have to quit.

But he will continue to have uninterrupted service. How many days are allocated in this case for job search? Three months (90 days). But many are trying to either no longer strive for continuity, or to find a new place of work as soon as possible, within the first 30 days. This is an additional safety net that will help avoid surprises.

Preservation of the profession

How to calculate continuous service? It is already clear that we are talking about periods of continuous labor. In Russia, it is still possible to characterize the periods of transfer of funds to the Pension Fund for a future pension using the term being studied. There is one more small nuance that has not been taken into account.

Continuity of work experience will not be affected if a citizen quits for good reasons, but at the same time he retains his profession. True, a new job will have to be found in one or another field of activity within the previously specified time frame. This feature is not entirely clear to many.

Other

Continuous service is considered as such, even if citizens resign. The periods that are counted as labor activity have already been named, but in fact they are not.

There are several other points under which you can not work for a certain period of time and not worry about maintaining continuity of work experience. What periods can be identified as exceptions? This:

  1. The employee is the parent of a child who has HIV infection and needs care. In this case, the citizen signs an agreement for reinstatement at work after the minor turns 18 years old.
  2. When we are talking about pensioners who decided to suddenly resume their working activities.
  3. Upon dismissal of a military personnel. But this circumstance additionally requires a length of service of at least 20 years. If it is not there, then the fact of taking part in hostilities outside the Russian Federation will be taken into account.

Counting Rules

Many people are interested in what continuous experience is. How many days is it? To be honest, the exact date has not been set. It has already been said that it all depends on how long the citizen worked in a particular company. Of course, taking into account all the features studied earlier.

Therefore, there are no restrictions in this sense as such. Almost any unit of time measurement can be directly related to the calculation of continuous work experience. For example, days or months. The length of service calculator (a service that helps calculate the duration of a given period) involves calculation in days, months and years. This is worth considering. Hours, minutes, seconds are not taken into account.

Confirmation of work experience is made by the Pension Fund of Russia upon presentation of a work record book. It specifies all periods of work, as well as the reasons for dismissal with dates of employment and removal from official duties in a particular case. Additionally, you can bring with you a certificate from your place of work, which will confirm that you have been continuously employed by the organization for a certain period of time.

Many people use a special experience calculator to correctly calculate this component. This is not the best step - the service has a lot of different parameters. And they will have to be exhibited in full. It is easier to independently bring the idea to life in terms of calculating how much a citizen has continuously worked. But this is also done automatically without any problems.

Is it so important

Why do you need continuous experience? Is he so important in Russia at the moment? Previously, as already mentioned, this feature helped to receive a variety of bonuses, bonuses and allowances. Therefore, there was a real sense in striving for constant work.

Now the significance of such experience is being lost. Only in some companies employees are additionally rewarded for constantly working. For example, they give you bonuses or send you to sanatoriums. In medicine, for example, certain bonuses are awarded for continuous experience. Therefore, much depends on the citizen’s sphere of activity.

Unfortunately, now the direct duration of labor plays a much greater role than its continuity. The main thing is to make contributions to the Pension Fund. They are the ones who influence retirement. It is enough to confirm your work experience using statements of the individual entrepreneur’s activities (if any) and a work record book. Therefore, there is no real need to strive for continuous work experience. Perhaps as a personal achievement when building a career.

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You will learn in detail from this material what the continuity of work experience affects today, how it differs from the general one and at what duration it is not taken into account for the break of the work period.

What is continuous work experience?

This refers to periods after dismissal that do not exceed the time periods provided by law for individual cases of termination of contracts with employers.

After acceptance Federal Law No. 225 of December 29, 2006 “On compulsory social insurance” in case of temporary disability due to maternity, when making payments, only those periods during which contributions were made to the Social Insurance Fund of the Russian Federation are taken into account.

Previously adopted norms on continuity of service were in conflict with Article 36 of the Constitution of the Russian Federation on freedom of labor, and therefore were cancelled.

They mean the inclusion of the specified periods in the insurance period. It is not only the fact of payment of contributions to extrabudgetary funds that matters, but also their size.

When is service considered interrupted?

The work experience is interrupted in the absence of a concluded contract with the new employer within the time frame stipulated by law, calculated in connection with the specifics of employment.

Currently, the state does not strictly monitor compliance with employment deadlines after dismissal. This factor also does not affect the amount of pension benefits.

On average, a period of up to 1 month is counted towards continuous experience when changing jobs. However, proof of continuity may be required when applying for a certain position: obtaining accreditation as a lawyer, judge status, or other advantages.

Mainly, continuity affects the possibility of obtaining a decent job under a new contract.

When is employment interrupted after dismissal?

Continuous service lasts for 1 month after dismissal from the previous job. This rule applies to the termination of labor relations with employees employed at manufacturing enterprises, commercial and government, municipal institutions, organizations of any form of ownership.

The exception applies to the following categories of employees (for them, a period of 2 months is included in the continuous work experience after signing the order to terminate the contract):

  • upon termination of activities at enterprises located in the Far North or equivalent areas, upon termination of the contract due to the expiration of the term;
  • in case of official employment abroad upon termination of the contract with the employer;
  • when working in states with which Russia has concluded social security agreements.

Three months are counted as length of service after dismissal:

  • in case of staff reduction due to liquidation or reorganization of the company in any form: merger, spin-off, merger, etc., declaring an organization of any form of ownership insolvent (bankrupt);
  • if it is impossible to hold a position as at the last place of work due to deteriorating health, the onset of partial incapacity, confirmed by a medical certificate;
  • when transferring the other spouse to another location to perform work functions.

The length of service is qualified as continuous when a citizen on pension benefits returns to official work under an employment contract.

Interrupted work experience can be restored based on the order of the trade union at the regional or district level. In any case, the time spent traveling to another location is not taken into account as a break for the spouse and, in general, for all adult members of the employee’s family.

What needs to be done to ensure that your work experience is not interrupted?

To ensure that your work experience is not interrupted, it is necessary to track the period of time after which a break in activity is considered. In this regard, rules can be used Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252 , previously abolished, but applied in practice by analogy.

If continuity is monitored in connection with employment for a certain position, obtaining the status of a judge, lawyer, or carrying out other professional activities, then one should be guided by the provisions of industry regulations.

Continuity of service does not affect the amount of pension provision or its establishment, but may affect the accrual of additional vacation days, bonuses or other benefits for employees established by the Labor Code of the Russian Federation and local regulations at the enterprise.

What impact can continuous work experience have today?

According to modern legislation, continuity of service will affect the following factors:

  • the amount of social disability benefits depends on the time worked, for a period of up to 5 years it is paid as a percentage of 60% of income, from 5 to 8 years - 80%, from 8 years - 100%;
  • the possibility of employment for a position, since employers take into account when hiring the possibility of loss of professional skills due to the long gap between dismissal and placement in a new position.

The continuity of length of service is not affected; this situation remains in effect for 2019 and subsequent periods until the possible adoption of relevant changes to labor legislation.

When you should go to work at a new enterprise, how many days are counted in the length of service if a break is allowed is established in the internal regulations of the enterprise.

What periods are not included in the insurance period, but do not interrupt the total length of service?

They are not included in the total length of service, but do not interrupt its periods:

Education

Enrollment in clinical residency or graduate school, if the period of dismissal and enrollment in the relevant organizations, including preparatory periods, did not exceed 3 months.

For those who were early expelled from institutions or took a course in the period before July 1, 1973, when entering work on October 1 of the same year, the break period is counted towards the length of service, regardless of the date of expulsion and the conclusion of an agreement with the employer.

Work abroad

When performing official duties abroad in branches of Russian enterprises, or while employed in international organizations, or while serving, if the period between returning home and concluding an agreement did not exceed 2 months.

Off-season period

During the off-season period, employed in certain types of work, upon completion of the profile activity in the previous period in full, upon returning to work within the period stipulated by the employment contract.

Staying in a sanatorium

When staying in a medical-labor and preventive sanatorium, if the time between leaving it and enrolling in a place of employment is 1 month.

Serving a sentence

For the period of serving a sentence for committing an administrative or criminal offense without imprisonment.

The legislative framework

To calculate continuous work experience and calculate social benefits, the following legislation is used:

  • Constitution of the Russian Federation, Article 37 on freedom of labor ;
  • Labor Code of the Russian Federation ;
  • Rules for calculating the continuous work experience of workers and employees when assigning benefits for state social insurance,” approved. Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252 .

The tenure may be interrupted if the employee does not find a new place in time, or it may continue for a certain period of time, but not burn out. It cannot be canceled and upon further hiring it will be equal to the number of days indicated in the work book.

Is there a continuous period of service between the end of a previous job and the start of a new one?

Insurance

The insurance period is a set of periods of time during which insurance premiums were paid to the corresponding fund.

Unlike labor accrual of the insurance period cannot be interrupted and does not depend on the reasons for the employee’s dismissal, since when calculating it, the periods of work for which contributions were paid are summed up.

Labor

Work experience is calculated based on the amount of time spent in working and social activities, starting from the moment of reaching working age. The main document confirming its duration is the work book.

If the employee finds a new place of work within a month, or, in the presence of special conditions, in accordance with the period specified in the legislation, then the accrual is not interrupted. Otherwise, if interrupted, length of service will be calculated by summing the working days at the previous job and at the new one.

To calculate continuous work experience, it is necessary to take from the work book the dates of termination of the old and the conclusion of a new employment contract, and count the days (every 30 days are counted as a month, and 12 months as a year) located between these dates, provided there are no violations affecting the discontinuity.

After how many days is a break in employment considered and when does it begin to be calculated?

After dismissal from his current place of work, the employee has no more than 1 month to conclude an agreement with a new employer, in which case continuity of service upon dismissal is maintained.

It should be noted that for residents of the Far North, the employment period for a citizen increases from 1 month to 2.

But there are life circumstances that can change the terms for continuous service, such circumstances include:

There are also circumstances that allow an employee to be without work for an indefinite amount of time:

  • Availability of length of service for military personnel (25 years).
  • Company bankruptcy or layoff due to unforeseen circumstances.
  • Layoffs in localities with high unemployment rates.
  • Transfer of military personnel to another city.
  • Wrongful dismissal due to errors by medical personnel.
  • Carrying out public works.
  • Being in prison.