How to maintain uninterrupted seniority upon dismissal. Continuous work experience

Continuous work experience - what is it? It is this question that will interest us today. What does he need? Is it really that important in today's world? All this worries many citizens in Russia. True, some are quite inclined to believe that continuous work experience in itself is useless. And you don't have to worry about it. Are citizens right in this case? Or not? And what are the features of maintaining continuous work experience? Let's try to understand this topic.

What is experience

But first you need to clearly understand what we are talking about. What is experience in and of itself? And without that it is clear that this is a rather important point. It is "activated" when pensions are awarded, and affects the amount of state subsidies and assistance.

Seniority - the period in which a citizen carries out a particular activity. Simply put, it works. An important point: the person must be formally registered. Or run a business. Then he will be credited with experience. When you retire, it is taken into account in the first place. And continuous work experience - what is it?

Where did the concept come from

In the modern world, this term is used extremely rarely. And it doesn't happen as often as it could. The thing is that this concept has come to Russia since Soviet times. It was then that continuous work experience for sick leave, pensions and life in general was of great importance. Without him, perhaps, not a single worker could do.

But in modern realities, this concept is now less common. Continuous work experience (Labor Code of the Russian Federation) is no longer so significant. Although the term itself has a meaning. Let's find out which one.

Continuous experience

Continuous work experience is the duration of work in the same organization. It is this formulation that is now legalized in Russia. True, there are a few other exceptions. According to them, the labor guard can be considered continuous under certain circumstances, even if you change jobs.

In general, it is worth relying on the concept of "work in one organization." It's pretty easy to understand, isn't it? Continuous work experience for calculating a pension, as well as "working time" in general, is important. So some give a certain value to continuity. Sometimes even too big. Is it worth it to do so? And how exactly is continuous work experience considered in the Labor Code? What is the impact, if any? About all this further.

The nuance of conservation

It has already been said that our today's term means working in one organization. But if you change firms, there are some conditions under which seniority will be retained. There are not so many of them. But in general terms, the situation is described quite easily.

The thing is that under certain circumstances you will be given from 1 to 3 months to find a new job. At the same time, continuous work experience after dismissal will not be interrupted. True, there are quite a few nuances here. And you should learn about them and only then argue whether this feature is really important for the modern world or not.

Own wish

The most common case is voluntary dismissal. And, of course, here the question immediately arises: is it possible to maintain the continuity of experience if you leave this or that company on your own?

Honestly, yes. Every citizen has this opportunity. But sometimes it is difficult to use it. In the Labor Code, continuous work experience will be preserved upon dismissal of one's own free will (without special reasons for that), if no more than one month has passed from the moment of your "vacation" to the next employment.

Practice shows that most often people first try to find a new company to work with, and only then leave the old one. Therefore, very often the continuity of experience remains. And this, of course, pleases. True, there are some features. They are also worth knowing. After all, it is not always possible to leave the place of work on your own. Sometimes this is a forced measure or even inevitable.

Liquidation

The nuances of maintaining continuous work experience include such moments as the reduction or liquidation of the enterprise. Well, or bankruptcy (which is extremely rare). In these cases, you can also count on the fact that the seniority will be preserved. Of course, some restrictions and conditions are provided by law.

So, if an employee was laid off or fired due to the liquidation of the enterprise, he will be given 3 months to look for a new job. Were you able to cope? Then the continuous work experience will be extended. And he won't break. No? You have to start everything from the very beginning. In principle, here, as a rule, there are more problems than with dismissal of one's own free will. You can never be 100% ready for liquidation and reduction. However, the proposed period for seeking a new job cannot be extended.

Special conditions

Persons living in the Far North or in conditions similar to this locality also have their own privileges regarding the continuity of work experience. And some foreign citizens, with whose countries an agreement on social support for employees was concluded, too.

Such comrades are able to maintain continuity of seniority, as in all previous cases. At the same time, they will be given no more than 2 months to search for a job. Not too much, but practice shows that this is usually enough. Continuous work experience for benefits (any) is considered to be an extremely important point. But is it? We have to clarify this point. Just to begin with, let's consider a few more situations in which some citizens can find themselves.

Article

Rarely, but it does happen. We are talking about dismissal "under the article." In this case, is it possible to maintain the continuity of seniority? To be honest, if you are fired for some specific reason (violation), then you won’t be able to get out here.

That is, in the event of a forced dismissal due to the fault of an employee, the continuous experience is terminated. It is quite logical, because it was always possible to foresee the outcome of events. And somehow adjust your actions so that you are not fired "under the article", but leave after your own free will with the possibility of saving. So keep in mind: continuous work experience is interrupted in this situation. It is in your interest to preserve it with all your might, if you consider it necessary.

Motherhood

It's no secret that caring for a child is counted in seniority. But if a woman goes on maternity leave, is it possible to maintain continuity? To be honest, there is no exact answer here. Someone says yes. And some deny the first position.

Nothing is written in the Labor Code regarding the continuity of seniority and maternity leave. In general, it is worth assuming that in this case it will not be saved. Why? A woman ceases to be considered employed, and also completely changes the nature of her activity. And she will not perform her official duties on maternity leave. Therefore, you should not hope that when a child appears in the family, you will be able to “slip through”. But why do you need continuous work experience? And what if you are unable to work for some period of time due to health reasons? Will everything be interrupted?

Health

Not at all. Fortunately, the Labor Code of the Russian Federation has a clause that takes into account the special state of human health. In case of serious illnesses that impose a "taboo" on the conduct of activities and work, it is possible to maintain an uninterrupted length of service. How exactly?

You will be given 3 months to find a new job. Or to return to the former. At the same time, you can not worry about the experience - it will be saved. True, this happens very rarely. After all, when leaving the workplace due to a difficult situation (health), as a rule, returning to work takes more time. Or a person completely refuses employment due to illness and injury. But everything is in your hands.

Next Features

But this is not the end. The fact is that the Labor Code of the Russian Federation spells out some more conditions for maintaining "continuity". There are not so many of them, but they have a place to be. They are worth knowing. Maybe you are entitled to the so-called "preservation", but you did not use it?

The first category of persons who retain their seniority in the status of "continuous" are the military. If a citizen served 25 years, and then retired, but soon decided to resume work, he will be given such an opportunity. And the privilege in the form of maintaining the continuity of experience is provided in full.

In addition, the situation in the family is taken into account in the Labor Code. If a citizen has a child with HIV infection, and because of this, the employee leaves the workplace, he will be given the opportunity to retain his seniority. In which case? If you agree to return to work when your child turns 18. Although this practice is extremely rare.

What other options are there? For example, changing jobs. But with the preservation of the profession and direction of activity. It's also a fairly common case. But only now it is becoming more and more difficult to implement it. So it is better to "keep within" upon dismissal in 1 month for employment. In this situation, you can be sure to count on maintaining the continuity of work experience.

What does it affect

Here we have almost figured out all the nuances of our today's topic. Many citizens are interested in whether the size of continuous work experience is so important. Does it affect anything or not?

In principle, today this period is reflected in the amount of pensions and various state support for pensioners. And no more. In Soviet times, this type of experience was much more important. Whether this is good or not is unknown. There are probably more advantages to eliminating the huge importance of "continuity" than disadvantages. After all, different situations develop in life. And it is far from always possible to stay working in the same company for many years. Even if you really want to.

In general, the effect of continuous experience is exactly the same as that of ordinary experience. There is no significant difference between these components. Is that a personal attitude to this issue. That is, a continuous labor guard is important only when you yourself set yourself the task of working in the company as much as possible, no matter what. And for the state it does not play a special role. Citizens themselves have the right to choose how, how much and where they work. The main thing is to have a certain number of years of service by the retirement age. And how exactly they will be received is not so important.

How is it considered

How is continuous work experience calculated? Exactly the same as a normal one. In the work book, it will be displayed in the form of calendar months and years. Nothing difficult, right? The procedure for calculating continuous work experience is simple.

True, you will not see special marks in this document on continuity. Why? Because in modern legislation, as has been repeatedly said, the importance of our current term is almost exhausted. And no one will distinguish between continuous experience and ordinary. After all, these are two components of a single whole. And they have the same influence.

Is it necessary

After all, does continuous work experience matter for anything in the modern world and in employment/work? Honestly, here everyone decides for himself. Practice shows that the importance of this factor has long outlived itself. And as a wording, continuity of work experience has a place to be, but in reality - not quite.

In other words, for a modern citizen, it is important to simply work as much and as long as possible in order to receive a good pension in the future. How exactly he will do this is already a private matter for everyone. The main thing is that everything is official. That is, you must be officially employed. Or registered as an individual entrepreneur.

Continuous work experience, therefore, is already a relic of the past. As has been repeatedly emphasized, only as a "personal achievement" is it necessary. Occasionally, a new employer may pay attention to him. But this practice is extremely rare. The maximum that they can clarify from you with a huge duration of work in the same company is the reason why you left the "heated" place. Maybe voluntarily, or maybe you were fired or forced?

There are citizens among the population who assure that in the future the continuity of work experience will again play a huge role. And that this period at retirement will give some bonuses and additional subsidies or other support from the state. Some willingly believe in all this and try to hold on to their jobs in this or that corporation as long as possible.

In fact, all this is just empty talk and speculation. What is the purpose of such misinformation is unknown. Maybe people want to work for only one company, or maybe just for fun. Practice shows that the accrual of pensions, sick leave and subsidies from the state is actually affected only by the seniority itself as a whole. Therefore, it is not worth believing that you are obliged to strive for continuous for the sake of receiving some kind of "bonuses" at retirement age.

Results

What do we end up with? We managed to find out why continuous work experience is needed. In addition, now it is clear what it affects and how it is calculated. It can be seen that maintaining such a status is not so important. In practice, it has no significant effect. Unless on your personal awareness of the duration of work in a particular company. Continuous work experience for calculating a pension is also not needed - the usual one is enough.

In general, it is not necessary to believe citizens who exalt this kind of phenomenon to invisible heights. Indeed, in modern legislation in Russia, the importance of continuous experience is reduced to zero. Yes, it took place in the Soviet Union. Now the world has changed. And the pension system undergoes some significant changes every year. Therefore, in order to receive a pension, it is more important to have a certain number of years of work and so-called pension points. This system is current for 2016. What will happen in the future is still unknown.

Although forecasts assure: the importance of continuous work experience is unlikely to return and will be valid. This is an almost useless concept, which should not be puzzled. Remember: it is important for you to earn a normal seniority by retirement. The larger it is, the higher the payout will be. And no more. This is the main thing that should worry the modern worker. Of course, being in the same company for a long time is convenient, but you should not torture yourself.

For every person, work experience is an important component. It affects many indicators. Therefore, it is worth considering in more detail what seniority is, and how does it affect a person’s life?

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What is work experience?

Under the concept " seniority» means the duration of a person's work activity. It is this indicator that is the main one for obtaining the right to pension provision and disability benefits. The employee's work record serves as confirmation of the employee's length of service. There are cases when the owner of this document has lost information about the primary activity, in which case it is possible to realize pension calculations.

There are several types of work experience:

The total length of service includes all years of work of the employee. In this case, it also includes periods such as military service, disability, maternity leave, caring for a disabled person and unemployment. The latter indicator counts only if the person receives cash benefits from social services.
Continuous work experience includes the total duration of continuous work in one enterprise.
Special seniority is intended for people holding relevant positions.

Everyone should know that a work book is an important document that confirms work experience. It is necessary to carefully monitor the correctness of its filling and not lose it. If the information is not true, then you need to request changes to the data from the employer.

What influences its interruption?

Currently, not every person can work for a long time at one enterprise in an uninterrupted manner. There are always situations when an employee must stop his activity. There are several criteria that affect the interruption of seniority:

Dismissal. If a person voluntarily quit his job or decided to change his occupation, then his work experience is interrupted. However, this rule does not include the reduction of the staff of workers and the liquidation of the organization. The length of service is interrupted if a person does not get a new job within three weeks.
Hospital. We are talking about those sick-lists in which their payment does not correspond to the tasks of social insurance or the constitution.
The departure of an employee from an official place of employment to an informal organization (private firm). In this case, it is generally accepted that the employee voluntarily left the enterprise and his seniority is interrupted.

Each change associated with a change in the activity of the employee must be recorded in the work book. If activities are constantly interrupted, then this phenomenon can negatively affect the amount of pension benefits.

How to make it continuous?

The amount of the benefit during the period of incapacity for work depends on the continuous length of service. If you wish, you can save it, for this, you must remember the following points.

Experience becomes continuous if:

A person voluntarily went to work after retirement.
A disabled citizen receives unemployment benefits. In this case, in order to prevent the interruption of seniority, it is necessary to stand in line at the labor exchange while looking for a new job.
Less than three weeks have passed since the day of dismissal. Before leaving one organization, a person needs to find a new job.

It is allowed to maintain a continuous experience of up to two months if:

A person after dismissal goes to work of his own free will. For example, if the wife was forced to change the organization due to the spouse moving to another area.
The citizen retired due to age.
A person quit his job at an enterprise located in the Far North or abroad.

It is allowed to maintain a continuous experience of up to three months if:

The citizen was dismissed due to the reduction or liquidation of the organization.
The employee was fired due to inconsistency with the position.

If for some reason the employer does not maintain continuity of work experience, then his actions can be appealed in court.

Legal bases and their changes

From April 1973 until the end of 2006, the country had a law on the calculation of seniority. According to his condition, he was considered continuous if a citizen got a job less than one month after his dismissal. Since 2007, this law has changed, the break period is now three weeks.

Since 2007, the temporary unemployment benefit has also changed. Today it is:

Payment of 100 percent of wages with an experience of 8 years.
Payment of 80 percent of wages with experience from 5 to 8 years.
Payment of 60 percent of salary with experience up to 5 years.

Since January 1, 2007, changes have been made to the calculation of disability benefits. Now, the insurance period is taken into account, which includes the amount from all periods.

What influences continuous work experience?

Continuous work experience- this is the duration of the employee in one place or in several organizations, if the break does not exceed the established period. Based on this indicator, the amount of the benefit during the period of disability is calculated, it can be 60, 80 or 100 percent of the salary.

Continuous work experience affects:

the size of the old-age pension;
the size of the disability pension;
the size of the survivor's pension;

Each person can independently calculate his continuous work experience, for this you need:

Prepare the necessary things: calculator, pen, paper, computer and work book.
To calculate the continuous experience, you need to find the 1C program "Salary and Personnel". If desired, you can carry out this procedure yourself using a calculator.
The program requires you to enter all the dates of admission and dismissal from work. After that, you need to click the "calculate" button and wait for the results.
When self-calculation, first of all, it is necessary to calculate the amount of labor activity. To do this, you need to subtract the date of employment from the date of dismissal. Next, you should add those results, the interval between which was more than three weeks.

You should not read out the result if the employee was fired more than twice a year. You should also pay attention to exceptions in which the length of service is not interrupted.

What is not included, but does not interrupt the experience

There are some situations in which the seniority is not interrupted:

During the receipt of secondary specialized or higher education, the experience is not interrupted. This also applies to postgraduate and residency studies. However, the break between dismissal from work and admission to an educational institution should not exceed the established time limits.
If a person has been abroad for a long time, getting skills for work there. In this case, the time of his release from work should not exceed two months.
The work experience is not interrupted if a person works at a seasonal enterprise. For example, its activities are related to the agricultural or shipbuilding industries. In this case, he needs to work out completely one season, and then conclude an agreement on returning to work in the next period.
An exception is the case if a citizen is serving time in corrective labor, however, we are not talking about deprivation of liberty at the place of his work.
If the employee was declared incapacitated between dismissal from one position and admission to another, then this period is extended. In this case, the person must submit a certificate.
The period is extended even if additional time is needed to move to another area.

The length of service is set by the employer in accordance with the norms of the Russian Federation. Each action must be written in the work book.

It is necessary to treat such an issue as seniority with responsibility. It is this indicator that will be used when applying for a pension. In order to ensure a decent old age, it is required to observe the continuity of seniority.

Continuous work experience is the time spent working in one company. This amount may also include the period of work with different employers, if certain circumstances persist. This indicator is needed when calculating unemployment benefits.

Sometimes the period of service may include not only work, but also activities for the benefit of the state: service in the Armed Forces, industrial practice, training courses, etc.

When is continuous work experience maintained?

This indicator is maintained if more than 1 month has not passed when changing jobs. A break in the experience is not taken into account for women who have children under 14 years of age or are caring for disabled children under 16 years of age.

In addition, this indicator does not interrupt the dismissal in case of moving to another area together with the spouse, due to the change of the latter's job.
And if you are employed in government agencies or serve in the Armed Forces, then your experience will be interrupted only 1 year after the dismissal. But for this, leaving the workplace must be forced: the disbandment of a military unit, the reduction of a government body, the abolition of a position, and so on.

It is worth noting that the seniority is immediately interrupted if you quit for violation of discipline at work or for absenteeism. Such a value is broken when an employee of the company discloses a commercial (or other) secret.

Why do you need continuous work experience?

This indicator plays an important role in calculating unemployment benefits. If the seniority was not interrupted, then after dismissal, you can count on payments in the amount of 75% of the former salary.

But this amount does not affect the amount of the pension. If you have worked for 8 years or more, then you can safely count on the insurance part of the pension in the amount of 100%.
Sometimes work experience is required for certain loans and legal procedures. It is calculated with an accuracy of one day using accounting programs used by employees of the personnel department of the enterprise. It is problematic to find such a period with high accuracy on your own.

What can be included in the continuous experience?

In addition to work, service and social activities, continuous experience may include:

The period of payment of unemployment benefits;
Caring for a child up to 1.5 years;
Being in places of deprivation of liberty;
Moving in connection with employment in another part of the country;
Period of receipt of disability benefits.

If after such periods you get a job with an official salary, then the experience will definitely not be interrupted. But education cannot be included in such a list. Experience is only training practice at work.

Recently, some professions receive additional payments for continuous service. These include doctors and people working in the conditions of the North.

But for most categories of citizens, this indicator does not matter much. Therefore, do not worry if your experience is interrupted. The main thing is the total number of years that you have worked on an official basis. After all, the last algorithm for calculating pensions is based solely on work experience, regardless of its integrity.

Similar

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

Seniority: definition

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

Work experience is divided into several varieties:

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

The concept of "continuous work experience"

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

Why is the experience terminated?

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

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

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

Dismissal at the initiative of the employee

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

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

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

Dismissal under article

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

Company liquidation

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

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

Motherhood

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

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

Health

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

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

Other important features

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

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

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

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

How is continuous work experience calculated?

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

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

Why is it needed?

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

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

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

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

When experience is maintained: results

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

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

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

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

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

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

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

The legislative framework

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

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

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

Everything changed a few years ago. In 2006, a draft law was submitted for consideration by the Duma, according to which the concept of not continuous work experience, but general, comes to the fore. Previously, the length of continuous work experience depended on how much a person would receive payments on a temporary disability sheet. If the continuous work experience was up to 5 years, then they paid 60% of the salary, from 5 to 8 years - 80%, more than 8 years - 100% payment. Naturally, working people wanted to make the transition from one job to another take as little time as possible. In this part, a limit was set - 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 the 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 about now

From January 1, 2007, in accordance with paragraph 1 of Art. 16 of Law N 255-FZ, the amount of sick leave benefit or childcare benefit for up to 3 years does not depend on the total continuous work experience, but on the insurance experience. That is, when determining the amount of payments, all the years when a person worked and was subject to compulsory insurance are summed up. An insured person is 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 he was paid 60% of it, since the continuous experience began to be counted again. According to the latest law, sick leave will be paid 100%. And this is fair.

The seniority will not be interrupted if you enter the labor exchange no later than two months after dismissal.

Thus, now the length of service is not calculated continuously, as it was before, but in total, regardless of the duration of the break.

However, as before, 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 service, 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 is taken into account when deductions were made to the Pension Fund of the Russian Federation.

The procedure for calculating continuous labor seniority employee is regulated by the "Rules for calculating continuous labor seniority workers and employees when assigning benefits for state social insurance "was approved by the Council of Ministers of the USSR of 04.13.73 No. 252., and its effect was confirmed by Decree of the President of the Russian Federation of 03.15.2000 No. 508 by two decisions of the Supreme Court (of 08.15.02 No. GKPI 2002- 868 and dated 20.08.02 No. GKPI 2002-771) and the Labor Code (Article 423).

Instruction

Under the continuous experience is considered to be the duration of continuous work at the enterprise. However, sometimes periods from previous work can also be counted in the length of service. For example, in the event that the break from the moment of dismissal to employment for a new job did not exceed certain deadlines.

So, if desired, the break should not exceed three weeks. However, an employee can use such a right only once a year, so if in 12 months the employee managed to do it 2 times, then this period is not counted in the continuous work experience.
But if the employee changed his place for a good reason, then he has the right to expect that the duration of the period of preservation of continuous seniority 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, the possibility of a longer break between dismissal and.
Thus, persons who worked in the regions of the Far North (and territories equated to them), who quit at the end of a fixed-term employment contract, can look for a new employer for two months.
If the employee is forced to look for a new job due to the reorganization or liquidation of the organization, then his continuous work experience is maintained for.
The same period is provided for persons due to inconsistency with the position held for health reasons and the disabled.

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 experience is not interrupted until the child reaches this age.
If an employee, in connection with the transfer of a spouse (wife) to work in another locality, then he is generally not limited in time to find an employer, in this case this will not affect the continuity seniority.
In addition, the experience is not interrupted even if they left their last job of their own free will.

Sources:

if they think I'm not like everyone else

Continuous work experience is calculated in accordance with the "Rules for calculating continuous work experience", approved by Council of Ministers Resolution 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 "Salary and personnel".

Instruction

To calculate the continuous work experience, use the 1C program "Salary and Personnel" or calculate using a calculator, paper and a pen.

If you are using the program, enter all the required figures for hiring, dismissal and new employment in the appropriate lines, click "calculate". Get the desired result.

To calculate the continuous length of service using the calculator, enter the date of dismissal from each job in the column, subtract the date of employment. If the interval between employment in a new job and dismissal from the 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 the 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 is not credited.

If the employee changed his place of work for a good reason and this is indicated in the relevant certificates, then the duration between employment, which gives the right to continuous work experience, can be increased to 1 month.

If you calculate the continuous work experience for an employee who retired in the regions of the Far North or equivalent territories and has a break in work after dismissal for two months, you must count this experience as continuous.

For reduced employees due to the reorganization or liquidation of the enterprise, a break in work can be 3 months. Therefore, if this period has passed from dismissal to a new employment, then consider that. The same rule applies to those employees who are dismissed for health reasons or because of a disability.

If a woman had a break from work due to caring for a disabled child under 16, then you must consider the experience as 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, which determines the new procedure for calculating pensions, their value directly depended on the total length of service and wages. Currently, only the length of service affects the amount of pension.

Currently, the legal meaning of the concept of "work experience" is lost. It remains important only for those citizens of the country who started their labor activity before the new pension reform came into effect, i.е. until 1991. From that time until the law No. 173-FZ came into force, i.e. until 2002, each year of seniority is taken into account in calculating the pension with a special coefficient. If you started working before January 1, 2002, your length of service will have an impact on the size of your retirement pension - the longer it is, the higher the applied coefficient will be.

Since 2002, when calculating a pension, only the amount of insurance premiums, which was transferred to the personal account of a citizen by his employers, is taken into account. It turns out that the length of service does not have a significant impact on the size of the pension - the only thing that matters 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, more and more often you can hear criticism of the existing system of calculating pensions. It is, firstly, 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 this and at the same time receive a large salary in order to secure a good pension in old age.

Of course, a person for whom employers have transferred contributions to the Pension Fund of the Russian Federation for a long period will also be able to accumulate more money on a personal account. However, the reality is that many Russians, with the low wages that exist in the regions, will not be able to save significant amounts, even after working for many years. Those whose employers saved on insurance payments and contributions and paid wages "in envelopes" will not receive a good pension either.

Therefore, the Ministry of Economic Development submitted a proposal to the government to calculate a pension according to a new formula that takes into account seniority. 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 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 a motivation for increasing the length of service.