How is the internship interrupted? Definition and rules for calculating continuous work experience

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.

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 change of job. 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.

It is also worth considering that registration with the Labor Exchange (if a person does not have a “prepared” place of work) must also be carried out within a certain period after dismissal. This issue is discussed in more detail.

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 employment 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, a gross disciplinary offense or the commission of 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 find 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.

At your own request

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

Upon liquidation of an enterprise

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.

First you need to understand what is considered continuous experience from the point of view of the legislator. Taking into account the current legal norms, the employee’s length of service will be continuous if the period of absence from employment between two jobs does not exceed the regulated period. But a number of features need to be taken into account when calculating the length of service without interruption:

Even if all deadlines are met, i.e. the employee quickly found a new place of work, but he had several such dismissals and hires during the year, his service would still be interrupted
If an employee quits and is immediately hired for another job, but the basis for dismissal is listed as some kind of misconduct (the so-called dismissal under an article), the length of service will be interrupted
There are cases when an employee is forced to resign for a year and once or twice not of his own free will, but because of the need to care for his child, such an employee’s service will not be interrupted

The legislator has provided some benefits for those employees whose service has been continuous for many years. Eg:

Regular bonuses to the basic salary in the civil service
Higher social benefits
Opportunity to receive a range of benefits
The right to bonuses and additional long service leave

What kind of break will not disrupt continuous service?

Continuous service after dismissal at one's own request 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, which does not interrupt the length of service, is 2 months.

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

Reorganization of a company with reduction of positions/staff
Complete liquidation of the enterprise and all jobs
Period of temporary incapacity for work

Cases of maintaining continuity of service regardless of a break

The employee was forced to resign from his previous place of work due to the transfer of his spouse to another location
The employee resigned from his previous job due to the onset of the regulated retirement period.

What are the consequences of a break in work?

If there is no good reason that explains why your service was interrupted for more than 1-3 months, your service 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 be employed again and work enough for the continuity of service to reach the required value.

PLEASE NOTE: continuity of work experience is relevant for those employees who receive appropriate benefits, have bonuses, and are awarded compensation for length of service.

The desire to certainly maintain continuous work experience after dismissal of one’s own free will forces many to first find a suitable place of work and make sure that they will definitely be employed there after dismissal, and only then submit a corresponding application to the office.

A guarantee that you will be hired for a new job can 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) as a transfer from the previous place of work.

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

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Continuous service after voluntary dismissal - what does it affect? What are the risks of interrupting your work experience due to the liquidation of an enterprise? How many days after dismissal is the period of service interrupted if the employment contract is terminated due to partial disability?

Continuous work experience is understood as a period of time spent working at one enterprise or periods of employment with a regulated break duration at different enterprises. Workers are trying to maintain the integrity of their work period, believing that a significant amount of pension accruals depends on it. Is this really so and what does continuity actually affect?

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General terms of continuous service after dismissal at will

Having worked for a long time in one company, an employee will already be able to estimate the length of his length of service. But even when changing jobs, there is a chance to keep the same length of working time. Those leaving on their own initiative must find employment within 30 days. Then the experience will remain intact.

The law sets the general break period at 1 month, which can reach 2-3 months, for example, for workers in the Far North. Everything in a particular case depends on the circumstances of the dismissal. Sometimes it is possible to challenge the integrity of working years with a gap of 1 year.

Circumstances under which length of service is canceled

Knowing how many days after dismissal the period of service is interrupted and without allowing any delay, you can still reset the period of permanent employment. This happens for two reasons:

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

When is continuity maintained?

Continuous service after dismissal at one's own request is maintained:

When transferring a spouse to work in another city.
In case of loss of ability to work due to illness.
When a child goes on maternity leave before the age of 14.
When forced to care for a disabled person.
Upon liquidation of the employing company.
When staffing is reduced.
Dismissal upon reaching retirement age.

What does it affect?

The low level of pensions, which threatens interruption of service, applies to citizens born before 1963. Before the pension reform of 2002, length of service played a role in the final rate. For 16 years, the pension is formed from the insurance and savings part. Thus, those who started their careers after 2002 may not consider continuity of employment.

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

For whom does this type of experience matter?

Special categories of specialists (medical staff, rescuers).
Employees of organizations in which long-term 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 Labor,” which affects the indexation of pensions and benefits.
Employees whose insurance period is less than uninterrupted for the period since 2007.
Citizens who went on legal vacation before the pension reform.

Important
Calculation of temporary disability is carried out on the basis of continuity, if the insured working period does not exceed the continuous one. This exception concerns the law, according to which, from January 1, 2007, disability benefits are calculated from the insurance portion.

Conclusion

Since 2002, long working periods have lost their importance in calculating future pensions. Today it is used to receive social benefits, as well as as a motivating tool for employees.

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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.

The concept of continuous work experience

What length of service is called continuous?

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

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 accrue during this period and during the time of previous work or other socially useful activities.

Regulatory framework for going concern

According to the Labor Code 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 changing one job to another 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 that caused serious consequences or a real threat of their occurrence.

In what cases is work experience considered continuous?

The length of service remains continuous - the break in work is 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 the 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 continuous under the following circumstances:

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.

when an employee was fired voluntarily for a serious reason or in the absence of one in cases of termination of the company's work or reduction of staff;
due to transfer to another region and forced relocation(applies to military personnel and State Duma deputies, as well as members of their families);
upon dismissal of persons living in the area where there is no opportunity to find another job;
when a citizen was fired due to an unfair accusation or was suspended from work due to an erroneous conclusion of a medical commission and was subsequently reinstated;
if the break from work was associated with participation in public works on a paid basis;
in a situation where a citizen was taken into custody and was subsequently acquitted and reinstated to his former position.

If a person has difficulties with one of the listed events, then the legislation provides time to resolve these issues without interrupting his work experience.

How many days is considered continuous service?

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

Exceptions to this rule are:

transfer of one of the spouses to work to another area;
care upon achievement retirement age.

The internship may remain uninterrupted with a gap of less than 2 months in the following situations:

upon dismissal before the end of the contract a citizen who worked in the Far North;
upon dismissal of a person, operating abroad.

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.

Condition - 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 family member of an employee sent outside the state to work in various structures if the period of time from return to entry to work does not exceed 60 days;
for seasonal workers who have worked for one season who have entered into a contract to work for the next season and have begun performing their duties within the agreed period;

Applies to industries where seasonal work time is allowed to be summed up.

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).

How to calculate continuous experience in 1C?

The duration of uninterrupted work can be calculated using the 1C program “Salaries and Personnel” or independently.

To calculate using the program, data on hiring, dismissal and new employment are entered into the required columns. Then click the “calculate” button.

You can make a calculation on one's own.

The calculation principle is as follows:

To make calculations using a calculator, The dates of employment are subtracted from the date of each dismissal. If the interval between dismissal and new employment is no more than 3 weeks, the results obtained should be summarized. Breaks exceeding 3 weeks are not taken into account.
If a citizen quits within one year 2 or more times, then this year does not apply to uninterrupted service.
The employee has the right to increase the break to 1 month who was forced to leave his previous workplace for serious reasons (subject to documentary confirmation of this fact).
For citizens who worked in the Far North or similar territories, the break is 2 months after dismissal, and that period remains continuous.
Duration of a break in work for those dismissed due to liquidation or reorganization enterprises is 3 months. The same applies to people who quit for health reasons or due to disability. This length of service will also be considered uninterrupted.
Activities for women will be considered uninterrupted, who were forced to interrupt work due to the need to care for a child with a disability who has not reached the age of 16 years or for those mothers whose children have not reached the age of 14 years.

Documents for calculating continuous work experience

The length of service is calculated according to the information specified in a number of documents that confirm the fact of a person’s work activity and are drawn up in compliance with all requirements.

The citizen is required to present:

original labor books;
military ID(if available);
original contract about hiring;
certificate from the organization where the work activity was carried out;
payment statements labor;
in some situations will be required references from archives.

The period of continuous work is calculated, taking into account both the main position and part-time work.

Calculations are carried out in accordance with calendar days.

If a woman with young children worked part-time for family reasons, this period of time is also counted as length of service.

In controversial situations, when it is not possible to understand whether omissions were valid reasons for interrupting work, you can obtain clarification from the relevant authorities.

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:

Previous work was in harsh conditions.
A citizen of the Russian Federation worked outside the country. Upon dismissal, you are given 2 months to find a new job.
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 permanent place of 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:

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.
When we are talking about pensioners who suddenly decided to resume their working activities.
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 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.