Question of the Day: when is the work and insurance experience interrupted after dismissal from work and does it burn out? Is it worth it to hold on to continuous experience after dismissal of one's own free will? Experience after dismissal

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

Seniority: definition

The length of service is the period of time in which a citizen works or carries out various activities. This concept refers to cases of official employment or business activities. This indicator is directly related to the calculation of pensions, is required to receive various compensations and guarantees that are provided by the Government, and is calculated in the manner prescribed by law. The work book is a document confirming the work experience.

Work experience is divided into several varieties:

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

The concept of "continuous work experience"

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

Why is the experience terminated?

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

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

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

Dismissal at the initiative of the employee

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

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

In practice, there are quite often cases when citizens first find a new enterprise for themselves, and only after that terminate their employment relationship with their former employer. In this regard, the experience remains uninterrupted. But dismissal is sometimes a forced measure.

Dismissal under article

Such cases are relatively rare, but they do occur in practice. Is there continuity in this case? The Labor Code says that upon dismissal due to any specific violation, the continuity of experience is lost. Quite a logical way out for employers in situations where employees of organizations violate the work schedule is dismissal. In this case, employees can only correct their actions in a timely manner in order to avoid termination of employment relations under the article.

Company liquidation

Russian labor legislation considers cases of maintaining seniority and in a situation very rarely there are cases when liquidation is associated with bankruptcy. Citizens can count on maintaining an uninterrupted length of service. However, the law provides for certain conditions and restrictions.

Usually, citizens are given 3 months to find a new employer. Continuous seniority is maintained if the dismissed employee during this period found new job. Otherwise, the experience is interrupted, while given term cannot be extended.

Motherhood

Continuous work experience is maintained if the woman goes on parental leave. But is continuity preserved if future mom goes to maternity leave? There are two completely opposite opinions on this matter.

The Russian labor legislation does not contain information regarding maternity leave and continuous work experience. In fact, the length of service is preserved, since the woman remains employed, the nature of the work performed changes. On maternity leave, a woman is engaged only in family affairs, but not in the performance of labor duties. However, lawyers tend to believe that the experience in this situation is not interrupted.

Health

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

Upon dismissal from the previous place of work, a period of three months is given to search for a new employer. Also during this period, the citizen has every right to return to the previous employer. At the same time, experience is maintained. However, in practice, such cases are extremely rare, since returning to the performance of previous work duties will take the employee even more time (for health reasons). In most cases, workers refuse to continue employment at all.

Other important features

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

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

It also takes into account family circumstances. If a citizen is caring for an HIV-infected person minor child, and for this reason is forced to leave the workplace, the continuity of experience is also preserved. When a child reaches the age of majority, a citizen is obliged to start working again.

Another case in which a citizen can count on continuity of experience is a change of job while maintaining the type of activity and profession.

How is continuous work experience calculated?

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

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

Why is it needed?

So, we figured out how to calculate continuous work experience. In the end, the question arises: "And what does it matter now, because this term was relevant in the Soviet era?" As practice shows, this factor has practically no significance.

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

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

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

When experience is maintained: results

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

Employee on personal initiative after achieving retirement age re-employed.
A disabled citizen is paid unemployment benefits (in order to prevent interruption of the length of service, it is necessary to stand in line at the employment service).
No more than three weeks have passed since the termination of employment relations with the previous employer (it is best to find a new organization in advance).

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

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

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

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

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

The legislative framework

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

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

So, we found out why continuous work experience is for what. For a pension, the overall experience is important. The amount of compensation payments for unemployment and disability depends on this indicator. It is relatively difficult to calculate it, but it is possible, since there are automated programs for this. Maintaining this type of experience is not as important as practice shows. In modern Russian labor legislation, the importance of this factor is minimized. It was much more important during the years of Soviet power. Besides pension system has undergone various changes in recent years. The amount of the pension will be affected by the so-called accrued points. Analysts predict that seniority continuity is unlikely to be important in the future.

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General terms of continuous service after dismissal of one's own free will

working long term in one company, the employee will already be able to estimate the length of service. But even when changing jobs, there is a chance to keep the length of working time the same. For those leaving on their own initiative, it is necessary to find a job within 30 days. Then the experience will remain intact.

The law establishes a general break period of 1 month, which can be up to 2-3 months, for example, for workers in the Far North. Everything in a particular case depends on the circumstances of the dismissal. Sometimes you can challenge the integrity of labor years with a break of 1 year.

Circumstances under which seniority is canceled

Knowing how many days after the dismissal the seniority is interrupted and without allowing a delay, you can still reset the period of permanent employment. This happens due to two circumstances:

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

When is continuity maintained?

Continuous experience after dismissal of one's own free will is preserved:

When transferring a spouse to work in another city.
In case of disability due to illness.
When leaving on maternity leave until the child reaches 14 years of age.
When forced to care for a disabled person.
Upon liquidation of the employer.
With downsizing.
Dismissal at the onset of retirement age.

What does it affect

The low level of pension, which threatens to interrupt the length of service, is relevant to citizens born before 1963. Prior to the start of the 2002 pension reform, seniority played a role in the final rate. For 16 years, the pension is formed from the insurance and funded parts. Thus, those who started their careers after 2002 may not take into account job continuity.

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

For whom does this type of experience play a role?

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

Every working person can sooner or later terminate the employment relationship with his employer, but since the legal aspects of this issue are not known to everyone, people often do not know whether they will continue to have continuous experience after being fired of their own free will. It is worth understanding in detail why this experience is needed and what affects it.

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concept

Long-term work activity, lasting continuously for a long time, gives the specialist the opportunity in some situations to claim benefits compared to employees who have a shorter total length of service without interruptions.

What is work experience for?

continuous receipt of wage increases for labor activity without interruption in some state-owned companies (in the healthcare sector, the penitentiary system, etc.);
increase in the size of social payments;
receiving various bonuses, vacation days and similar benefits, which are determined by the employer.

In different cases, the concept of continuous work experience may differ, but, in general, it proceeds from the provisions prescribed in the legislative acts of the Russian Federation.

To determine the benefits for employees by the employer, continuous total work experience may have a different value, which must be indicated in the company's internal documentation. Here it is described whether the payment is affected sick leave a break in employment (conditions for obtaining a sick leave in 2107) and whether this applies to the calculation of a pension.

Such documentation may not conflict with Russian law or worsen the conditions for granting privileges for working without interruptions in comparison with the general rules governing insurance work experience.

Legislation

The interpretation of the legislative norms of the Labor Code of the Russian Federation shows that the period of work at one or different enterprises in situations where breaks in labor activity are not such from a legal point of view is the continuous work experience.

By law, the period in which the employee did not go to work for a good reason or was engaged in something other than hired labor activity is included or not included in the calculation of continuous work experience, depending on the type of occupation performed during this period.

In some regulations Labor Code clarifies which actions, in addition to hired work, are also labor activities and are included in the continuity of service upon dismissal of one's own free will:

military service under the contract;
alternative types of service;
work in the Ministry of Internal Affairs;
work in a medical organization;
collective farm or cooperative activity;
connection with the trade union, etc.

Also, length of service is considered maternity leave for the period of bearing a child, childbirth and caring for an infant.

Voluntary dismissal

First of all, it must be said that it is possible to leave a job of one's own free will even when the employer is going to fire a person directly. Most often, such an employer, announcing to the employee that he is fired, invites him to write a statement of his own free will. So he tries to get away from possible conflicts regarding the employment of the former employee in the future.

Important! Most employees agree to this step, as it gives them the opportunity to eliminate the fact of being forced to leave work, and this will not create problems when looking for a new job. That is, most of the people prefer to quit of their own free will, then they get a job at another job. For this reason, such a concept as the continuity of a single work experience applies literally to all working persons.

Interruption of service upon voluntary dismissal

Normative acts providing for the conditions for the continuity of the labor activity of working people do not yet exist in the legislation of the Russian Federation.

Not so long ago, this issue was spelled out in the Rules, according to which the continuous work experience of an employee leaving on his own initiative was interrupted in such situations:

the former employee did not find a new job within three weeks from the date of dismissal from the previous one;
there is no compelling reason to miss work.

In no way would continuity be affected by such situations:

the employee had to leave work due to the transfer of his spouse to a workplace in another city, town, etc.;
The employee left due to retirement.

Timing

How long is work experience? Breaks in activities that have a good reason and do not affect the continuous length of service after dismissal from work at their own request are considered from the moment following the date of the given year specified in the dismissal documentation.

Duration during which the insurance period will be maintained, and benefits will not be lost (it is affected by the reason for leaving work):

on their own initiative (without good reason) - can not exceed three weeks;
by agreement of the employee and the employer or for a good reason (moving, deteriorating health, need to care for a sick family member) - remains if the break is no more than a month;
due to downsizing after the reorganization or closure of the company - three months.

Consequences of the break

What threatens the interruption of seniority? If there is no good reason by which to explain the interruption of more than three months of uninterrupted service, then a gap appears in the length of service. This means that an employee who does not find a job in a timely manner will lose the right to receive privileges until he can get a job and work on it for as long as necessary to restore continuous service after being fired.

Continuity of work experience is relevant for employees who apply for benefits for themselves, receive allowances and compensations.

A guarantee of admission to a new job can be an officially issued letter from the employer, which indicates that he is ready to accept this employee by transfer from the previous place, which means that the working period will not be interrupted.

This document is provided to the employer at the time of dismissal, and in this case, the basis for terminating the employment relationship is the transfer of the employee to another workplace. So when switching to another job, not a single working day of a continuous period will be lost. You should carefully examine the conditions for how many days the number of vacation days is interrupted.

Employees working in government organizations or departmental companies should be aware of how continuous work experience after leaving work is calculated, otherwise they may lose all the privileges laid down in accordance with the legal framework of a particular institution.

Continuous work experience until 2007 was an extremely important indicator.

He influenced future pension and allowed them to receive substantial salary supplements. 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, several important conditions must be met.

Work experience is the total duration of work activity, during which a citizen performed some duties. All years of official employment are reflected in the work book, which is the main proof of their existence. Seniority allows the employee to receive pension benefit upon reaching a certain age or upon reaching a specified 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 pension benefit.
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 in the public service or in 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 that can interrupt temporary employment. 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 job due to the 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 increased pension. Citizens who continuously worked for a certain number of years received an additional payment. The new pension reform has abolished this type of accrual, so you can forget about continuous service regarding this type of benefit. 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 the illegal actions of the 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

Interruptions of seniority, despite the irrelevance of the concept at this time, still have their consequences for the side of employment. 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 high-level professionals and managers. Long downtime entails falling out of the general rhythm, loss of skills and general disorientation in the labor market.

The presence of interruptions in work, in general, does not affect other indicators of further social security worker. Although, for example, the same unemployment benefit will greatly decrease if a person has not worked for a long time 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, due to special working conditions, 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 break will not break the continuous experience

Continuous experience after dismissal of one's own free will will not be interrupted if the dismissed person can find a job again within 1 month.

ATTENTION: for residents of the Far North, the period between employment, not interrupting the length of service, is 2 months.

There is an exception to this rule: the continuity of experience will be preserved if the reason for the loss of work was:

Reorganization of the company with a reduction in positions / staff
Complete liquidation of the enterprise and all jobs
Period of temporary disability

Cases of maintaining the continuity of experience, regardless of the break

The employee was forced to quit his previous job due to the transfer of his spouse to another locality
The employee left his previous place of work due to the onset of the regulated retirement period

What is the risk of a break from work?

If there is no good reason that would explain why your seniority was interrupted by more than 1-3 months, your seniority will be interrupted. Consequently, an employee who is not employed on time will lose the right to a number of benefits until he manages to find a job again and work so long that the length of service continuity reaches the required value.

PAY ATTENTION: continuity of work experience is relevant for those employees who apply for appropriate benefits, have allowances, and are endowed with compensation for length of service.

The desire to certainly maintain an uninterrupted experience after dismissal of their own free will forces many to first find appropriate place work and make sure that he will definitely be employed there after dismissal, and only then submit a corresponding application to the office.

A guarantee that you will be accepted for a new job may be an official letter from the new employer on its letterhead with information that they are ready to accept this particular employee (name and date of birth are indicated) by transfer from the previous place of work.

This paper must be given to your employer upon dismissal, so that the basis for terminating the contract is a transfer to a new place of work. Then you will not lose a single working day. At the same time, carefully study the rules for transferring days of earned vacation.