Everything changed a few years ago. In 2006, a bill was submitted to the Duma for consideration, according to which the concept of not continuous work experience, but general one, came to the fore. Previously, the length of continuous work experience determined how much a person would receive payments for temporary disability. If the continuous work experience was up to 5 years, then 60% of the salary was paid, from 5 to 8 years - 80%, more than 8 years - 100% payment. Naturally, working people wanted the transition from one place of work to another to take as little time as possible. In this part, a limit was established - no more than 21 calendar days in case of dismissal of one’s own free will and for no apparent reason. For those who were fired by their employer, this time increased to 1 month.
In this regard, transfers from one institution to another were previously organized. For example, this concerned, for which the concept of teaching experience is also of particular importance.
How is it now?
From January 1, 2007, in accordance with paragraph 1 of Art. 16 of Law N 255-FZ, the amount of benefits for sick leave or child care under 3 years of age depends not on the total continuous work experience, but on the insurance period. That is, when determining the amount of payments, all the years when a person worked and was subject to compulsory insurance are summed up. The insured person is considered to be a person who is covered by state pension insurance, that is, everyone who has a certificate of state pension insurance. Thus, a person who had previously worked for 17 years quit, got a job six months later, then went on sick leave, and was paid at the rate of 60%, since continuous service began to be counted anew. According to the latest law, sick leave will be paid 100%. And rightly so.
Your work experience will not be interrupted if you join the labor exchange no later than two months after your dismissal.
Thus, now the length of service is not calculated continuously, as was previously the case, but cumulatively, regardless of the duration of the break.
However, the length of service remains relevant for receiving a pension in the future. According to the Labor legislation of the Russian Federation, to calculate a pension, it is enough to have 5 years of work experience, regardless of whether it was interrupted or not. When calculating a pension, continuous work experience does not play a role. The total length of service when contributions to the Pension Fund of the Russian Federation were made is taken into account.
The procedure for calculating continuous labor length of service employee is regulated by the "Rules for calculating continuous labor length of service workers and employees when assigning benefits for state social insurance" was approved by Resolution of the USSR Council of Ministers dated April 13, 1973 No. 252, and its effect was confirmed by Decree of the President of the Russian Federation dated March 15, 2000 No. 508 by two decisions of the Supreme Court (dated August 15, 2002 No. GKPI 2002- 868 and dated 08.20.02 No. GKPI 2002-771) and the Labor Code (Article 423).
Instructions
Continuous service is generally considered to be the duration of continuous work at an enterprise. However, sometimes periods from previous work can also be counted towards the length of service. For example, if the break from the moment of dismissal until employment at a new job did not exceed certain periods.
So, if desired, the break should not exceed three weeks. However, an employee can use this right only once a year, so if in 12 months the employee managed 2 times, then this period is not counted towards continuous work experience.
But if the employee changed his place for a good reason, then he has the right to expect that the period of maintaining continuous length of service increases to one month. This is possible, for example, when entering a university or moving to another area.
It is also important to note that for certain categories of employees there is the possibility of a longer break between dismissal and.
Thus, persons who worked in the Far North (and equivalent territories) who quit at the end of a fixed-term employment contract can look for a new employer for two months.
If an employee is forced to look for a new job due to reorganization or liquidation of the organization, then his continuous work experience is maintained for.
The same period is provided for persons due to non-compliance with the position held due to health reasons and persons with disabilities.
It is important that if a woman has a child under the age of 14 (or a disabled child under the age of 16), then her service is not interrupted until the child reaches this age.
If an employee, in connection with the transfer of a spouse to work in another locality, then he is not at all limited in the time of searching for an employer, in this case this will not affect the continuity in any way length of service.
In addition, the length of service is not interrupted if they quit their previous job of their own free will.
Sources:
- if I am considered different from everyone else
Continuous work experience is calculated in accordance with the “Rules for calculating continuous work experience”, approved by Resolution of the Council of Ministers 252 and Decree of the President of the Russian Federation No. 508, as well as in accordance with Article 423 of the Labor Code of the Russian Federation.
You will need
- - calculator;
- - paper;
- - pen;
- - employment history;
- - 1C program “Salaries and Personnel”.
Instructions
To calculate continuous work experience, use the 1C “Salary and Personnel” program or carry out the calculation using a calculator, paper and pen.
If you use the program, enter all the necessary figures for hiring, dismissal and new employment in the appropriate lines, click “calculate”. Get the result you want.
To calculate continuous length of service using a calculator, enter the date of dismissal from each job in the column and subtract the date of employment. If the break between taking a new job and leaving your previous job was no more than three weeks, add up the calculated results. If the break exceeded 3 weeks, then do not include this line in your continuous work experience.
Also keep in mind that if an employee is fired two or more times within 12 months, 12 months of continuous service will not be counted.
If an employee changes his place of work for a good reason and this is indicated in the relevant certificates, then the duration between employment, giving the right to continuous work experience, can be increased to 1 month.
If you are calculating the continuous length of service for an employee who quit in the Far North or equivalent territories and has a break in work after dismissal of two months, you are required to count this length of service as continuous.
For laid-off employees due to reorganization or liquidation of the enterprise, the break in work may be 3 months. Therefore, if this period has passed from dismissal to new employment, then consider that. The same rule applies to those employees who are dismissed for health reasons or due to disability.
If a woman had a break from work due to caring for a disabled child under 16 years of age, then you are obliged to consider the length of service continuous. The same applies to women caring for children under 14 years of age.
Before the law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” came into force in Russia, defining a new procedure for calculating pensions, their value directly depended on the total length of service and the amount of wages. Currently, only the insurance period affects the amount of the pension.
Currently, the legal meaning of the concept of “work experience” is lost. It remains important only for those citizens of the country who began their working activities before the new pension reform began to take effect, i.e. until 1991. From this time until Law No. 173-FZ came into force, i.e. until 2002, each year of work experience is taken into account when calculating the pension with a special coefficient. If you started working before January 1, 2002, your length of service will affect the size of your retirement pension - the longer it is, the higher the coefficient applied.
Since 2002, when calculating pensions, only the amount of insurance contributions that was transferred to the citizen’s personal account by his employers is taken into account. It turns out that the insurance period no longer has a significant impact on the size of your pension - the only important thing is how much money has accumulated in your personal account. True, according to Law No. 173-FZ, you will receive a labor pension only if your insurance experience is at least 5 years.
Recently, one can increasingly hear criticism of the existing pension calculation system. Firstly, it is opaque and not very clear to the majority. Secondly, it turns out that it is not at all necessary to work throughout your life - it is enough to devote only 5 years to it and at the same time receive a large salary in order to ensure a good pension in old age.
Of course, a person for whom employers have made contributions to the Russian Pension Fund for a long period will also be able to accumulate more money in their personal account. However, the reality is that many Russians, given the low level of salaries that exists in the regions, will not be able to save significant sums, even after working for many years. Those whose employers skimped on insurance payments and contributions and paid wages “in envelopes” will also not receive a good pension.
Therefore, the Ministry of Economic Development submitted to the government a proposal to calculate pensions using a new formula that takes into account length of service. This will not only make the size of the future pension clear, but will also remove the issue of increasing the retirement age - those who want to receive larger payments can continue to work even after they can retire. In addition, this formula will take into account coefficients that directly depend on the number of years worked, which will also serve as motivation for increasing work experience.
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 period of employment 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.
Many employees want to maintain continuous service after voluntarily leaving. But not everyone can do this, since searching for new vacancies often takes a lot of time. What is the importance of continuous experience and is it worth maintaining?
What is this
There are several types of experience:
- Insurance. It is necessary for calculating pension payments.
- Special. On its basis, the employee can be paid various bonuses.
- Continuous. The time when the person did not work is taken into account.
Continuous length of service is a certain number of periods during which the employee carried out his work activity without long breaks. If a person did not work for a serious reason, this time can be included in continuous service. These reasons are considered:
- service of a person under contract;
- performing the duties of a deputy;
- carrying out certain activities in the trade union;
- work on a collective farm;
- maternity leave;
- maternity leave.
Continuity of service upon dismissal does not affect the calculation or size of pension payments, as was the case in the USSR. Currently, when calculating pensions, only the insurance period is used, so the intervals between work activities are not taken into account. A person may not work for several years, and when calculating pension payments, insurance premiums for the entire period of working capacity will be taken into account. What then is the importance of continuous service?
The duration of this period primarily affects various incentives from employers. These include longer vacations, bonuses and increased compensation payments. Such incentive measures at enterprises are established through the creation of appropriate internal regulatory documents. This is why length of service upon voluntary dismissal is so important for most employees.
Interrupt
Those workers who have ever quit in their lives worry how many days after that their employment will be interrupted. If a subordinate left work on his own initiative and does not have serious reasons for this, then he has very little time for a new job.
Legislative acts do not specify specific conditions for interruption of service. After quitting, not everyone knows how long they can stay away from work so that their work experience is not interrupted. It is believed that the time during which a person can not work and still maintain his seniority largely depends on the reason for leaving. The period when the work experience is not interrupted is as follows:
- 3 weeks of continuous service after dismissal at will;
- 30 days if the person leaves the job for serious reasons;
- 3 months – after the bankruptcy of the company or reduction in the number of subordinates.
Read also The procedure for sending a letter of resignation by mail to the employer
2 months to find a job are given:
- Citizens working in the Far North.
- Persons who have retired from Russian companies located abroad.
When a person quits on his own, he is given time to look for a new job. That is why the period of preservation of the working period in this case is so short. This is 3 weeks, that is, 21 days, and the calculation of this period begins the next day after leaving work. And the break ends with the day of official employment, when an entry is made in the Labor Code. If the person has a serious reason for dismissal, then 1 more week is added.
The following are considered valid reasons for dismissal at the initiative of an employee:
- moving to another locality;
- caring for a sick relative (medical documents will be required);
- deterioration of a person’s health, which does not allow him to work in a given company, in a locality, etc.
- relocation of an employee in connection with the performance of socially important work;
- admission to the University;
- failure by the employer to comply with the terms of the employment agreement.
Help: if a person quits his job several times during the year for good reasons, his tenure may be interrupted. Therefore, it is not recommended to constantly abuse the right.
The length of service may also be interrupted when an employee is transferred to another company. The new employer has only 1 month to register an employee. A probationary period is not used in this case. In addition, the new employer does not have the right to refuse a person transferred from another company.
Long terms
Some categories of employees are entitled to a longer period of service. First of all, these are persons in government or military service:
- 1 year for military personnel;
- 6 months – State Duma deputies and Government employees.
For length of service, military personnel are provided for maintaining continuous length of service without time restrictions. But for this you need to serve at least 25 years. Certain rules have also been established for other categories of citizens. If an employee with small children quits due to the liquidation of the company, then her service will not be interrupted until the children turn 14 years old. When it comes to a disabled child, it lasts until he reaches adulthood.
- a subordinate was fired due to staff reduction;
- upon dismissal of one's own free will, if the person did not have problems with the employer;
- the period of departure from work of a pensioner, taking into account his return to work.
The term “continuous work experience” was found in the legal acts of the USSR and was used in practice until 2007. The rules were such that, based on the duration of the last continuous work, the employee was assigned a state social insurance benefit, i.e., temporary disability benefit and maternity benefit (clause 1 of the Rules for calculating continuous work experience, approved by Resolution of the USSR Council of Ministers dated April 13 .1973 N 252, hereinafter referred to as the Rules). At the same time, continuous service after voluntary dismissal was maintained provided that the break in work was no more than 3 weeks (clause 2 of the Rules).
However, in 2006, the Constitutional Court of the Russian Federation recognized the provisions of legal acts of the USSR as contradictory to the Constitution of the Russian Federation, according to which the right to receive benefits and its amount depended on the length of the employee’s continuous work experience (clause 1 of the Constitutional Court of the Russian Federation of March 2, 2006 N 16-O) . As a result, on January 1, 2007, Federal Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” came into force, in accordance with the provisions of which.
From continuous work experience to insurance
From 2007 to the present, the amount of temporary disability benefits, as well as maternity benefits, depends on insurance employee's length of service (parts 1,3,4,6, Article 7, Article 11 of the Law of December 29, 2006 N 255-FZ). It is determined as a result of summation (Article 16 of the Law dated December 29, 2006 N 255-FZ, clause 2 of the Rules for calculating and confirming the insurance period, approved by Order of the Ministry of Health and Social Development of Russia dated February 6, 2007 N 91):
- periods of work of a person under employment contracts;
- periods of state civil and municipal service;
- other periods during which the person was subject to compulsory social insurance in case of temporary disability and in connection with maternity.
And continuity of length of service in case of dismissal of one’s own free will or for other reasons no longer plays any role today.
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.
