Is the length of service interrupted due to staff reductions? When is employment interrupted after dismissal?

The exchange did not provide a new job, otherwise it may be interrupted. You need to get on it immediately after breaking the employment relationship;

• the new employer is obliged to officially employ him within a 30-day period, since at this time the length of service is still considered continuous.

Despite the simplified calculation procedure in 2018, there are some areas where it is determined according to outdated rules. Often, seniority is not interrupted after dismissal, but is not taken into account:

• sending a military family member to study at domestic or foreign universities - if the period from graduation to employment is no more than 2 months;
• a break in a seasonal type of work if a contract is signed and the employee worked last year and returned this year.

In these situations, the continuous period is not taken into account.

When is employment interrupted after dismissal?

You need to pay attention to the nuances that will not allow you to interrupt your work experience:

• If it is necessary to terminate an employment agreement in order to get a new job, it is recommended that you initially take leave (it is better not to quit right away). Thus, citizens have the right to begin fulfilling their obligations in a new place from the next day and not terminate their service.

  
  If you are fired more than once in a year, the period is automatically considered intermittent;

• if parental leave has been issued for a child up to 3 years old, but there is a desire to go to work, the husband can receive it in order to purchase benefits. Upon completion of the pregnant woman’s employment contract, the employer is obliged to extend maternity leave, since dismissal is possible only upon liquidation of the company;
• in case of bankruptcy of an enterprise during maternity leave, a 3-year period is included if the woman was registered as unemployed.

Continuous work experience upon dismissal at will

When is the length of service interrupted after voluntary dismissal? Continuous service after voluntary dismissal is 30 days. The length of service after dismissal by agreement of the parties. According to the legislation of the Russian Federation, the period is 3 weeks - in the case of mutual consent.

If, before the introduction of the latest amendments, continuous experience was extremely important, then from now on most of the calculations are carried out on the basis of insurance.
The pensioner should build on it.

Continuous service after voluntary dismissal in 2018

Continuous work experience is the length of service of an employee during which the breaks between transitions from one organization to another due to dismissal do not exceed the duration established by law. In fact, continuous service upon dismissal is calculated in the same way as before: in order to maintain it, no more than one month must pass between the termination of the employment contract with the previous employer and employment in a new job.

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

How long does it take to interrupt work experience after dismissal in 2018?

• Duration of work and leaving work
• Conclusion

What it is? Experience is the periods of time, days, weeks and years that a person devoted to work. An employment contract, an entry in the Book, all the necessary formalities must be strictly observed, because only this indicates that every penny of insurance contributions for a person must be transferred to the Pension Fund of the Russian Federation; it “drips” into the personal account of the future recipient.
In this way, a certain amount was accumulated, which in the “age of survival”, or simply put, retirement, or after an illness, injury from which it is impossible to fully recover, is paid monthly. The total duration of activity, both labor and socially useful, which is called seniority, has the most direct impact on the amount of temporary disability benefits and pension benefits.

How long does your work experience last after dismissal?

Download the application form What is continuous experience? Continuous experience is a set of periods of continuous work for one employer and work for others, subject to the “downtime” periods established by law. Therefore, in the event of voluntary resignation, the employee must, under certain circumstances, comply with the conditions of continuity. Subscribe to our channel in Yandex.Zen! Subscribe to the channel From 1973 to 2010, the concept of continuity of work experience was enshrined at the legislative level. The rules for its calculation in the process of assigning state benefits and social payments were approved by Resolution of the USSR Council of Ministers dated April 13, 1973 No. 252 (hereinafter referred to as the “Rules”).

What benefits does continuous service provide to employees? Continuous work experience is the duration of a citizen’s work in one or more organizations if the period of unemployment in the intervals between employment did not exceed the established period. To maintain continuous service, you need to know the following nuances:

• if within one year the employee changes his place of work, then it is interrupted, even if all deadlines are met.
• if a citizen is fired “under an article”, the period will be interrupted, even if the deadlines for placement with another employer are met;
• if an employee was forced to interrupt her work activity due to maternity leave, this period is considered a valid reason for maintaining it.

• public types of work for a set fee;
• being in prison with further reinstatement due to an acquittal.

Continuity of service upon dismissal directly depends on the type of severance:

• by mutual agreement of the parties, the duration is 3 weeks;
• due to production needs to reduce the number of employees – 3 months in case of reorganization or liquidation of the company;
• by mutual or personal consent – ​​1 month.

In 2018, there are other periods for situations of forced cancellation of an employment agreement for some citizens:

• for contract service - 12 months;
• if military personnel have 25 years of service - continuously;
• civil servants – six months.

Continuity of service for doctors is calculated in the same way as insurance.

Info

If the period between dismissal and new employment does not exceed a year;

• Maternity leave, including parental leave;
• Termination of the organization's functioning;
• The period after retirement;
• Upon dismissal in regions with a high percentage of unemployment;
• When returning to office after the removal of an unjustified sentence;
• Carrying out paid public works.

There are situations when, for some reason, you have to leave your place of work. Then the question of breaks in work experience after dismissal becomes most relevant.

When is work experience interrupted after dismissal 2018

Only after 8 years of work in one place or by changing jobs not by dismissal, but by transferring to another place, you could provide yourself with a guaranteed 100% salary if you got sick, couldn’t work, or were caring for a small child. Today, continuity of seniority has lost its former meaning, the concept itself is gradually becoming a thing of the past.

Attention

Now the question of how long you can not work so that your work experience is not interrupted is no longer very relevant. Only in some organizations, where this is stipulated in the Charter, the duration of vacation, the amount of severance pay, bonuses, and other payments depend on the continuous period of work.

Thus, continuity of work does not affect either the size of pensions or the amount of social benefits - official work activity is always taken as the basis, regardless of the intervals between employment. Is it used today Despite the fact that work continuity has now lost its legal meaning, some employers continue to use it to further reward their employees.

For example, some organizations enshrine in their internal regulations norms according to which an employee who has worked for a long time can apply for extended leave, an additional bonus, an increase in wages, etc. In this case, length of service is calculated according to the work record book, based on the rule that Each month is counted as 30 days, and each year as 12 months.
If the enterprise is liquidated, then while on maternity leave, the length of service will include a period of up to 3 years, provided that the employee was registered with the Employment Center, but could not get a suitable job. If an employee resigns due to transfer to another organization, the new employer is obliged to employ him within a month: this is the period of continuity. Despite the fact that now the procedure for calculating seniority has been significantly simplified, there are still some areas in which it is carried out according to the old rules established by the regulations of organizations.

Continuous length of service is a definition that directly relates to the calculation of permanent official activities of employees. When citizens worked officially, and the time intervals between changes of employer are within the limits permitted by the legislation of the Russian Federation.

The length of service in 2018 is determined according to generally accepted rules, as before: to be able to maintain it, no more than 1 month should pass from the date of termination of the employment agreement and subsequent conclusion with a new employer.

Often citizens get sick when registering for unemployment. Because of this, the time between employment and dismissal increases significantly.

In such a case, the period will not be lost, since the disease is considered to be a significant cause and it is enough to confirm the treatment with a certificate of incapacity for work.

Continuity terms

There are situations due to which the period of termination of the employment relationship will not be interrupted, since the time of forced downtime is not taken into account:

• bankruptcy of the company or reduction in the number of employees (in this case, nothing depends on the worker and the contract is canceled due to unforeseen circumstances);
• transfer of civil servants or persons in military service to another city according to the nature of their activities;
• job loss in communities with high unemployment rates;
• wrongful dismissal due to medical errors;
• public types of work for a set fee;
• being in prison with further reinstatement due to an acquittal.

Continuity of service upon dismissal directly depends on the type of severance:

• by mutual agreement of the parties, the duration is 3 weeks;
• due to production needs to reduce the number of employees – 3 months in case of reorganization or liquidation of the company;
• by mutual or personal consent – ​​1 month.

In 2018, there are other periods for situations of forced cancellation of an employment agreement for some citizens:

• for contract service - 12 months;
• if military personnel have 25 years of service - continuously;
• civil servants – six months.

Continuity of service for doctors is calculated in the same way as insurance. It includes only the period when all required contributions were paid.

How to calculate continuous work experience upon dismissal?

• contract of employment;
• salary settlement documents;
• certificate from the employer.

In some situations, records from archival companies may also be used. In addition to the main job, the part-time work is also taken into account, and the calculation was carried out in days.

If a woman has minor children, her work experience includes periods of part-time work.

Due to amendments to the legislation of the Russian Federation, the accounting department will have to recalculate before and after this time. If there is a shortage, the old rules apply, otherwise only the permanent period of work is taken into account.

You need to pay attention to the nuances that will not allow you to interrupt your work experience:

• If it is necessary to terminate an employment agreement in order to get a new job, it is recommended that you initially take leave (it is better not to quit right away). Thus, citizens have the right to begin fulfilling their obligations in a new place from the next day and not terminate their service. If you are fired more than once in a year, the period is automatically considered intermittent;
• if parental leave has been issued for a child up to 3 years old, but there is a desire to go to work, the husband can receive it in order to purchase benefits. Upon completion of the pregnant woman’s employment contract, the employer is obliged to extend maternity leave, since dismissal is possible only upon liquidation of the company;
• in case of bankruptcy of an enterprise during maternity leave, a 3-year period is included if the woman was registered as unemployed. The exchange did not provide a new job, otherwise it may be interrupted. You need to get on it immediately after breaking the employment relationship;
• the new employer is obliged to officially employ him within a 30-day period, since at this time the length of service is still considered continuous.

Despite the simplified calculation procedure in 2018, there are some areas where it is determined according to outdated rules.

Often, seniority is not interrupted after dismissal, but is not taken into account:

• sending a military family member to study at domestic or foreign universities - if the period from graduation to employment is no more than 2 months;
• a break in a seasonal type of work if a contract is signed and the employee worked last year and returned this year.

In these situations, the continuous period is not taken into account.

When is the length of service interrupted after voluntary dismissal?

Continuous service after voluntary dismissal is 30 days.

Length of service after dismissal by agreement of the parties

According to the legislation of the Russian Federation, the period is 3 weeks - in the case of mutual consent.

Voluntary dismissal is one of the most common ways to terminate an employment relationship. Many people wonder how long after termination of the contract there is continuity of work experience? You will learn about the legal significance of this concept today and how this period is calculated from this article.

The value of continuous service

This term was enshrined in Resolution of the USSR Council of Ministers dated April 13, 1973 No. 252 and was used to determine the amount of benefits paid in case of temporary disability of an employee. Thus, until 2007, the percentage of these payments depended on the duration of work without breaks and was calculated as follows:

However, in 2006, the Constitutional Court of the Russian Federation, by its Resolution No. 16-O dated March 2, 2006, ruled that establishing a relationship between length of service and rights to benefits contradicts the Constitution of the Russian Federation. In this regard, Federal Law No. 255 was adopted, according to which payment of sick leave and maternity benefits now depends on insurance (rather than employment) length of service. That is, in accordance with current legislation, now only those periods are taken into account when the employee or his employer paid insurance contributions to the Social Insurance Fund.

As for dismissal and maintaining continuity of service, Soviet legislation established a rule according to which, in the event of dismissal on one’s own initiative, the length of service was not interrupted if the employee:

Today, continuity of service upon dismissal at one's own request has lost its legal meaning.

Does it affect your pension?

Before answering this question, it is necessary to clarify that the current legislation neutralizes the value of continuity of service and takes into account only the employee’s insurance experience (Parts 1, 3, 4, 6 of Article 7 and Article 11 of Law No. 255-FZ), which is determined as a result addition of periods:

As for pensions, after the entry into force of the Federal Law “On Labor Pensions” dated December 17, 2001 No. 173, and then “On Insurance Pensions” dated December 28, 2013 No. 400, a new model of pension provision for the population began to be applied in Russia, according to which When assigning pensions, insurance contributions and the total period of work are taken into account.

Thus, continuity of work does not affect either the size of pensions or the amount of social benefits - official work activity is always taken as the basis, regardless of the intervals between employment.

Is it in use today

Despite the fact that work continuity has now lost its legal meaning, some employers continue to use it to further reward their employees. For example, some organizations enshrine in their internal regulations norms according to which an employee who has worked for a long time can qualify for extended leave, an additional bonus, increased wages, etc.

In this case, length of service is calculated according to the work book, based on the rule that each month is counted as 30 days, and each year as 12 months. Also counted is the time when the employee:

• was on maternity or child care leave;
• took leave to care for a sick relative;
• improved his qualifications;
• was registered in the employment service.

Continuous work experience upon dismissal at will



What benefits does continuous service provide to employees?

Continuous work experience is the duration of a citizen’s work in one or more organizations if the period of unemployment in the intervals between employment did not exceed the established period.

To maintain continuous service, you need to know the following nuances:

if within one year the employee changes his place of work, then it is interrupted, even if all deadlines are met.

if a citizen is fired “under an article”, the period will be interrupted, even if the deadlines for placement with another employer are met;

if an employee was forced to interrupt her work activity due to maternity leave, this period is considered a valid reason for maintaining it.

Continuous service after voluntary dismissal allows employees to count on some benefits, unlike those for whom it was interrupted for a long time:

the opportunity to receive regular salary increases for continuous work in state budgetary institutions;

increasing the amount of social benefits;

receiving bonuses and additional leaves established by the employer for length of service.

During what kind of break in work is uninterrupted service maintained?

Continuous service after voluntary dismissal is maintained during a break in work activity of 1 to 3 months. To save it, you must follow the following rules:

one month after leaving the organization, you must find a job in a new company;

for persons living in the Far North, this period is increased to 2 months;

the period can be increased to 3 months for persons dismissed from work due to reorganization/liquidation of the enterprise or temporary disability.

In what cases is seniority maintained regardless of the break?

Maintaining seniority after voluntary dismissal with a longer break is possible in the following cases:

when finding employment in a new place after dismissal by one’s own decision in connection with the transfer of a spouse to work in another area;

when employed after dismissal by one’s own decision in connection with old-age retirement.

What happens if work is interrupted?

If the duration of a break in work without a valid reason exceeds the time limits established by the Labor Code of the Russian Federation, then the length of service is considered interrupted. A person loses the right to all benefits until the period of his continuous work from the moment of placement in a new place again reaches the value established for receiving them. Continuity of work is important for employees who receive benefits, allowances and compensation for length of service based on their occupation.



How many days is the work experience uninterrupted after dismissal from the Labor Code of the Russian Federation?

Due to new reforms in the pension system, the concept of continuous work experience has lost its former significance for most categories of workers. However, representatives of public sector enterprises and the public sector should know when seniority is interrupted. This is due to the fact that they may be deprived of government benefits.

Continuous length of service means long-term professional activity without significant breaks.
According to the Labor Code, continuous service after leaving work continues to be considered for a month.
If the employee was dismissed due to serious violations, then continuous service is not maintained. Such violations are defined as:

• Absence from work without good reason;
• Theft or damage to production property;

Depending on whose initiative the resignation took place, you can determine how many days the work experience after dismissal is not interrupted:

• At your own request, with clarification of valid reasons, one month;
• When reducing the workforce, three months.
• If a valid circumstance was not indicated in the application for leave, then this period is equal to three weeks;
• If dismissal at the request of the employee is repeated several times during the year, then continuity of work is not maintained.
• You can avoid interruptions if you search for a new place of work while on vacation.

Duration of continuous work experience after dismissal by agreement of the parties

The possibility of dismissal by agreement of the parties is provided for by the Labor Code of the Russian Federation. In most cases, the contract between the parties can be canceled by agreement of the parties. However, another contract may be terminated in the same way. Consent must be provided in writing. If an agreement to terminate the contract has been reached, then the period of continuous work experience after dismissal will be equal to one month.

• When canceling a contract by women who are pregnant or have children under 14 years of age or a disabled child under 16 years of age. The service will not be interrupted until the child reaches the specified age;
• For working citizens of the northern regions, breaks from work should not exceed two months;
• Maternity leave, including parental leave;
• Termination of the organization's functioning;
• The period after retirement;

There are situations when, for some reason, you have to leave your place of work. Then the question of breaks in work experience after dismissal becomes most relevant. To obtain as much information as possible on the relevant topic, you should refer to the provisions of labor legislation.

When is employment interrupted after dismissal?

Since January 1, 2007, a slightly different procedure has been in force for determining the continuity of a citizen’s work experience. Before this, if 3 weeks did not pass when moving from one place of work to another, then the length of service was not interrupted. Since 2007, the Constitutional Court has abolished this provision.

On January 1, 2007, Law No. 255-FZ came into force, according to which sick leave payments are now calculated. Before this law came into force, sick pay depended on continuity of work experience. Now it depends on the duration of the total insurance period.

Continuity of work experience today does not affect pension payments. Pension and disability benefits are calculated based on the length of insurance coverage. He should not be interrupted to pay for sick leave.
If a citizen has more than 8 years of continuous insurance experience, then his sick leave is paid in the amount of 100% of his average earnings. If the length of service is from 5 to 8 years, then sick leave is paid in the amount of 80%, if from 1 to 5 years, then in the amount of 60%. If the length of service is less than 1 year, then depending on the minimum wage, depending on the region of residence of the working citizen.

Work experience is considered continuous if a citizen changes his place of work for a good reason, and 1 month has not passed before the conclusion of a new employment contract. For example, when moving to another area for permanent residence, an employee quits his old job. If he gets a new job within 1 month, then his work experience is not interrupted.

If an employee resigns from his previous place of work on his own initiative, the period for continuity of service is reduced to three weeks. That is, having left his previous job of his own free will, a citizen must get a new job within three weeks.

Service in the army under a contract does not interrupt the length of service if a period not exceeding 1 year has passed between dismissal from the armed forces and the conclusion of a new employment contract in civilian life.
Continuous work experience includes the period of caring for a child until he turns 3 years old.

If within 1 year the employee quit of his own free will, then his length of service is interrupted, even if the deadlines for interrupting his work experience are observed. If an employee is fired “under an article”, then his length of service is also interrupted, despite meeting the deadlines for finding a new job.

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How long does it take to interrupt work experience after dismissal in 2018?

Every citizen cares about ensuring his old age. However, there are times when a person cannot continue his professional activity due to dismissal. In such a situation, the question arises: is the work experience interrupted or not? If you are concerned about this issue, pay attention to the contents of the article.

• Failure to fulfill assigned duties;
• And other violations provided for by law.
• If you leave at your own request and there are no serious circumstances, this period is three weeks;
• By agreement of the employee and employer, one month;

When is the length of service interrupted after voluntary dismissal?

If you have a desire to leave your place of work, you should know how long your work experience will be interrupted after dismissal. The period during which the length of continuous service upon dismissal at one's own request is maintained is short-lived.



• If appropriate reasons are indicated, this period can be extended by a week;

In what cases is work experience not interrupted after dismissal?

When starting a job, citizens draw up an employment contract. This document is of great importance. It allows you to ensure that the rights and interests of the employee are respected.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The period of a worker’s working activity is formed into seniority, which is taken into account according to the rules established in labor legislation.

Many Russians associate this concept with the term “continuous work experience” (NTS). This term was actively used in Soviet times.

But since 2007 its significance has been lost. Before legalization, payment for sick leave was made depending on the length of continuous work experience.

Currently, the calculation of this benefit is carried out taking into account the worker’s insurance record.
In modern legislation, the concept of “continuous work experience” is used, but not so actively.

For example, the NTS gives medical employees the right to receive an allowance for continuous work in healthcare institutions.

This provision was approved by order of the Ministry of Health of the Russian Federation. Workers in the Far North may receive special benefits and other preferences depending on their continuous work experience.

General aspects

A worker’s continuous work experience is the period during which he performed labor functions for one employer.

This period is not interrupted if he was in the status of unemployed for a number of days that does not exceed the duration provided for by regulatory legal acts.

Surely many remember that in Soviet times this concept was used in connection with the opportunity to receive an increased salary.

After the implementation of the pension reform in the Russian Federation, the role of continuous work experience was changed. However, even today this concept is used by employers in some industries.

The NTS will remain in the case when, after dismissal, the employee gets a new job for a certain period - from 1 to 3 months.

The specific period will be determined by the reasons for dismissal, characteristics of the place of work, etc. In some cases, this period is not measured in any numbers at all.

What it is

We have considered the concept of “continuous work experience”. There is no legal definition in modern legislation.

The latter plays an important role in determining the amount of temporary disability benefits, as well as pensions. Continuous work experience may be mentioned in local documents of the enterprise.

For example, some organizations reward employees who work for them for a certain period. Such payments are a means of motivating workers.

For these purposes, continuous service is considered as a period of work within the same company. When moving to another company, it is interrupted.

Why is it needed?

During the Soviet era, NTS played an important role. Depending on this indicator, citizens could qualify for special benefits and increased pensions.

In addition, sick leave payments depended on the NTS. In 2002, there was a transition to an updated pension system.

In this regard, the process of calculating pensions has been transformed. At the moment, what matters is the amount of insurance premiums that were paid for the employee at the time of his employment.

These payments are made if the worker fulfills duties under a service contract.

Also, contributions are paid by persons who carry out entrepreneurial activities without registering a legal entity.



Currently, the NTS gives the right to receive preferences. The issue of providing benefits is considered by the employer.

It also persists in the following situations:

What does it affect?

NTS was recognized as the most important indicator when calculating the size of pensions and various preferences. To replace it, the concept of “insurance period” was developed.

At the legislative level, the abolition of such a term as NTS means the elimination of an important clause that limited the rights of workers.

Free labor is one of the foundations enshrined in. Continuous work experience indirectly violated the inviolability of this norm.

A person could not freely leave his place of work, but not because of a prohibition by law, but for material reasons.

Changing jobs meant a serious reduction in sick leave benefits (until the required period was reached again). In addition, this indicator also influenced the size of the pension.

Nowadays, insurance experience is used for these purposes. Its difference is that this period is summed up for the entire period of making insurance contributions.

Thus, the insurance period includes the entire period of the employee’s work activity. He can freely quit and find a job at any time (without time limits).

The fact that you work in the same organization does not matter. The transition from NTS to insurance experience is a step towards the development of modern systems for assessing the merits of workers.

How is it calculated according to the work book?

How is it calculated? The calculation of the NTS is made on the basis of a number of documents, including:

• employment history;
• military ID;
• contract of employment;
• certificates from the place of work;
• certificates from the archive.

In some situations, only one work book will be enough. The calculation takes into account the period of activity at the main job and for.

Part-time work, which was approved for women with young children, also counts towards the NTS.

Changes in legislation in 2007 entailed the need for a partial calculation.

Until this year, the calculation was made by summing the insurance period and NTS. If it turns out that the continuous work experience is longer, then the rules that were in force previously apply.









Does it matter for pension calculation?

Currently, NTS does not matter for calculating pensions. Today its size is determined as follows:

The amounts paid are accumulated in an individual account. The amount of contributions will depend on the year of birth of the future pensioner.

Employers make payments only for those employees who perform their functions on the basis of an employment agreement.













The insurance period is the total duration of work activity during which insurance premiums are paid to the insured person.

It is this indicator that influences the amount of the future pension.

The amount of this payment can be increased if the future pensioner makes additional contributions to the funded part.

So, today the size of the pension is determined by the following indicators:

The NTS currently does not play any role in the formation of pension payments.

The exception is cases when employers themselves offer any preferences to their workers depending on the length of their work in a given company.

To calculate sick leave

We have already mentioned that the amount of sick leave benefits was also determined by the NTS. Now the situation has changed.

The amount of the benefit is influenced by the length of the insurance period - the longer it is, the higher the amount of the benefit.

Soviet rules, which established a dependence between the NTS and the amount of payment for temporary disability, provided for the following calculation procedure:

This system was unfair, if only because any worker could get sick, regardless of length of service.

Video: work experience to receive a pension in Russia

And at the same time, he also needed social protection and decent compensation. The new system provides for the approval of a percentage depending on the length of insurance coverage.

So, the longer the insurance period, the higher the amount of sick leave benefits will be:

If an employee has less than 6 months of insurance experience, then the amount of his benefit will be no more than 1 minimum wage per calendar month.











You can prove the duration of payment of insurance premiums using the following documents:

The introduction of NTS into Soviet legislation is quite understandable. In this way, the legislator wanted to prevent staff turnover and create stable work teams.

Times have changed and now this indicator is considered as limiting the right to free work.

The legislation establishes more modern methods for assessing an employee’s performance, including the introduction of the concept of “insurance period”.

NTS exists in local documents and is used as one of the methods of motivating staff.

Employers can offer certain preferences to those employees who work in their company for a long time.

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

What is continuous work experience?

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

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

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

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

When is service considered interrupted?

The length of service is interrupted in the absence of a concluded contract with the new employer within the period stipulated by law, calculated in connection with the specifics of employment.

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

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

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

When is employment interrupted after dismissal?

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

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

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

Three months are counted as length of service after dismissal:

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

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

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

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

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

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

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

What impact can continuous work experience have today?

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

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

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

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

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

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

Education

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

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

Work abroad

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

Off-season period

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

Staying in a sanatorium

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

Serving a sentence

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

The legislative framework

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

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