Break of service. Continuous work experience. The procedure for calculating continuous work experience

Continuous and general work experience has not lost its relevance even in our time.

In some areas, continuity has a concrete meaning and even influences. Every working person should understand what continuous work experience affects and whether this value is so important.

An important point is when it can be interrupted. Dismissal from a job does not always mean that continuous work experience is automatically reset to zero.

To the younger generation who began their labor activity relatively recently, it is already difficult to understand why it is needed. Today, even under the Labor Code, it is impossible to find an answer to this question, since it does not contain any instructions on the application of this concept in relations between an employer and an employee.

Until the beginning of 2007, when the approach to calculating years of service changed, continuous work experience was of great importance and was even regulated Labor Code. Working in one place was considered honorable in itself, and working continuously for ten years was even more a reason for pride. At that time, length of service was calculated by only one value - labor, that is, how much you actually worked, so much is yours. In addition, the interruption of work experience had a negative impact on almost everyone else government payments. This concept was especially significant for the future pension benefit, because the absence of breaks was a reason for receiving an increase in the amount earned. Other benefits, such as disability payments, bonuses for work, were also calculated taking into account the total length of service, taking into account continuous work. If a person left the enterprise and interrupted his work experience, he automatically lost a significant part of the payments, which could only be restored after several years of work.

The pension reform of 2007 radically changed the situation and the approach to calculating working hours. The concept of insurance experience was introduced, which is considered decisive today. Continuity has lost 80% of its relevance, but some importance of the definition remains. Thus, employees of some structures receive bonuses for length of service.

These include:

Employees who begin to receive special allowances after a year of work.
Civil servants also have an increasing percentage of payments after a year of work.
Police officers and military personnel can count on a salary increase only after two years.

Medical workers are also rewarded for continuity of work in one profession, they are entitled to an increase in salary after working for three years.

Another significant indicator is disability benefits. It should be calculated based on the insurance periods. Then what does it affect? The absence of breaks for two years gives the right to make a calculation taking into account all the funds earned during this period.

If the length of service is interrupted, then income for a shorter period of time will be taken into account, and this will certainly affect the determination of the amount of compensation for sick days.

Rules for calculating length of service

If this value is still relevant today, then it makes sense to understand how it is determined. When is the period of employment interrupted?

The rules for calculating continuous work experience establish that it can be maintained not only during the period of work itself within one enterprise, but can also smoothly flow when changing jobs from one employer to another.

Continuous work experience is maintained if:

No more than one month passed between dismissal and employment with a new employer. This rule applies to the general calculation order.
A break of three months is allowed for those who have lost workplace as a result of the liquidation of the employing organization or partial reduction of staff, under which the dismissed person fell.
The same three months are given to workers who have lost their jobs as a result of medical indicators. For example, for health reasons, a citizen was recommended to change his profession, but a transfer within the organization turned out to be impossible, so dismissal followed.
Combatants and former military personnel can also search for three months without losing continuity.
Two months are given to those working in the conditions and in adjacent regions.

An individual approach can be applied to pensioners, citizens who are raising disabled children and family members of military personnel or employees of embassies and consulates who quit due to the transfer of a spouse.

The established continuity periods will not apply if the contract was terminated at the initiative of the employer due to identified illegal actions of the employee.

These include:

Theft.
Damage to property.
Identifying shortages.
Absenteeism.
Alcohol or drug intoxication established in the workplace.
Disclosure of secrets.
Exceeding official authority.

If an employee quits without obvious reasons, and for the second time in 12 months, his service will be interrupted.

Does length of service affect the assignment of a pension?

Until 2007, continuity was critical when determining retirement benefits. If they had a certain number of consecutive years of work, pensioners received a significant increase in their pension.

In 2018, when assigning a pension benefit, the Pension Fund of the Russian Federation relies on the clauses of Federal Law No. 255-FZ “On Compulsory Social Insurance...” dated December 29, 2006. In this legislative act, as in the Labor Code of the Russian Federation, there is not a word about pension increases due to continuity of work. Therefore, when determining a pension, you should count on the number of accumulated insurance years and the amount individual coefficient.

Today, the insurance period is the primary value when assigning a pension benefit.

What is important is not how many years a person actually worked, but how many years they were deducted for him to the Social Insurance Fund and the Pension Fund. IN insurance years includes not only work time, but also military service, caring for newborn children, caring for the elderly and many other periods. The determining factor is the amount of income, and, accordingly, the amount of deducted taxes that the worker received. Income affects the level of the individual coefficient that is used to calculate the pension.

Pension amounts are made up of several quantities:

Social minimum benefit.
The insured amount that was accumulated in parallel.
Own voluntary savings, if any.

Modern pension reform is designed to gradually increase insurance rates, which should subsequently significantly increase the incomes of older people. However, it does not provide for premium coefficients for continuity of work.

What is continuous experience

In order for the length of service to be considered continuous, it must meet the following conditions:

the employee continuously works at one enterprise;
or the break between work at different enterprises does not exceed the period established for a specific situation (as a general rule - one month).

This procedure was first established by the Rules, approved. Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252, which are currently not in force. The Constitutional Court of the Russian Federation, in Ruling No. 16-O dated March 2, 2006, indicated that establishing the dependence of temporary disability benefits on the amount of continuous service is considered a violation of the constitutional rights of citizens.

Therefore, from January 1, 2007, with the adoption of Law dated December 29, 2006 N 255-FZ, the amount of the benefit began to depend on insurance period, which consists of periods of work with payment of insurance contributions by the employer and other periods, provided for by law. The concept of continuity does not apply to the insurance period.

Sick leave pay is determined as a percentage of average earnings in the amount of:

60 - if the employee’s insurance period is up to 5 years;
80 - with experience from 5 to 8 years;
100 - with more than 8 years of experience.

However, Part 2 of Art. 17 of the above Law gives the right to an employee whose continuous work experience accumulated before the entry into force of the new law exceeds the insurance period, to demand the accrual of benefits on the basis of the first. Its value is in this case will be taken as insurance experience.

The current pension amount is general rules also independent of duration continuous operation pensioner.

What does continuous work experience affect today?

This concept was not completely excluded from the legislation. In some cases, depending on this value, the following are determined:

length of service;
salary supplement;
official salary, etc.

So, for example, Order of the Federal Customs Service of Russia dated November 13, 2008 N 1412 established a salary bonus for employees of healthcare institutions and health centers managed by this service, which is assigned depending on the duration of their continuous work in these organizations.

The procedure for maintaining continuity of service, as well as which periods do not interrupt the flow given period, determined by industry regulations.

Thus, the Law of May 27, 1998 N 76-FZ allows you to count the time military service into continuous work experience as follows:

one day of service = one day of work, if the citizen performs military service on the basis of a contract;
one day of service = two days of work, if conscripted.

However, this procedure applies provided that between the day of completion of military service (dismissal) and the day of the start of work or admission to educational institution less than a year has passed.

At the same time, for military veterans and citizens whose military service experience is more than 25 years, these periods are counted in continuous experience regardless of how long the above break was.

Continuity of length of service is confirmed by a work book, archival certificates and other documents containing information about the citizen’s work activity.

The question of continuous work experience still remains open. Many cannot decide whether it is needed at all in our time, or whether it is absolutely useless. Some people think that seniority will provide certain benefits, such as benefits and additional payments from the state. Therefore, let's try to figure out whether it affects anything at all.

What is continuous work experience?

To begin with, it is important to clarify the concept of work experience. It's pretty simple. Speaking in simple language, this is the period of time allotted for a citizen to work. Moreover, this work must be formalized. This also includes entrepreneurial activity.

The Labor Code defines continuous experience as the duration of work at one enterprise. However, this rule also has its exceptions. It can also be continuous if a citizen goes to work for another organization, but a break for a set period is possible.

According to the Labor Code of the Russian Federation, length of service upon transfer to another organization can be maintained if the duration of the break is no more than a month. At the same time, other norms are established in the current legislation. For some people, it can persist even after a 2-3 month break.

Rules for calculating continuous work experience in force in 2018

This type of length of service is important when calculating the amount of temporary disability benefits. Regulation is carried out according to current Rules calculating the continuous work experience of workers and employees. It was already stated above that when moving to another enterprise, the duration of the break should not exceed a month. This is a general standard rule.

We should dwell in more detail on cases where this period of time is allowed to be 2 or 3 months. Calculation of 2 months is allowed for the following persons:

after the end of the contract;
exempted from work at Russian enterprises located abroad;
exempt from work in organizations outside the country with which the Russian Federation has social security agreements (calculation begins from the day of arrival in the country).

Continuity of work will be maintained during a break of 3 months for the following persons:

who were subject to staff reduction, liquidation or reorganization of the enterprise;
who were fired due to temporary incapacity for work (calculations begin from the moment of restoration of working capacity);
who were fired because they were unable to perform their duties due to health reasons;
teachers primary classes due to declining student numbers.

The definition of a break for pregnant women and mothers with children under 14 years of age (disabled children under 16 years of age) requires attention. If they terminate the contract, this period remains until the children reach the specified age.

How to calculate continuous work experience using a work book?

You can calculate the continuous work experience from your work book using a calculator. This can be an online program or a simple regular calculator with which you can manually perform the calculation. It is quite obvious that it is much easier to calculate the duration of work using an online calculator. You simply enter the numbers from work book, indicating the dates of hiring and firing. The calculation is performed automatically by clicking the “Calculate” button.

In this case, during the calculation it is necessary to take into account certain values based on clause 1 of Article 13 of the current Labor Code of the Russian Federation. To calculate length of service, you need to use the dates from the book. The number of days in a month is 30, and the number of months in a year is 12.

First you need to calculate how many years, months and days correspond to a certain place of work. Next, you need to pay attention to the period that was in between and take into account the reasons and conditions for dismissal. If the duration of the break is longer than the period established by the code, then the chain is interrupted and the further period of work is not added to the previous one.

Continuous work experience for calculating sick leave in 2018

The period of work for calculating sick leave affects the amount of benefits that are provided for temporary disability. At the same time, in 2018, the calculation is carried out according to the length of insurance; continuous coverage is not important when determining the amount of sick leave.

The main point is that to calculate this amount, the employee’s periods of work are taken for which payments were made to insurance funds. Also not included here contract service in the army and compulsory military service. Therefore, when calculating sick leave, it is important to take into account such nuances.

Continuous work experience upon dismissal at will

Continuous work experience under the Labor Code in Article 17 determines that if it occurs, the break period between the transition to new job The shortest. This period is only 3 weeks if the reason is not valid.

In some cases, namely if there is a good reason, after dismissal for at will this period may last up to 30 days. It is also worth remembering that voluntary dismissal more than once in a year does not maintain continuity, even if 21 days of the break have not passed.

Does continuous work experience affect the size of the pension?

Today, continuous work does not affect the size of the pension. Just like the calculation of sick leave, the determination of the pension amount is based on the employee’s insurance experience, that is, the period of work throughout his life when insurance premiums. This has been established since January 2007. To a large extent, the amount of pension is influenced by the amount wages. Accordingly, the larger it was, the larger the pension amount is expected.

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 set - no more than 21 calendar day in case of dismissal of one's own free will and without 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 pay 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 Labor legislation 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 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 Decree 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 Supreme Court(dated 15.08.02 No. GKPI 2002-868 and dated 20.08.02 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. For example, if the break from the moment of dismissal to employment at a new job did not exceed certain deadlines.

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 does not count 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 regions of the Far North (and territories equated to them) who resigned at the end of the 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 desired result.

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 V Russian Federation", defining new order calculation of 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.

IN Lately You can increasingly hear criticism of the existing pension system. Firstly, it is opaque and not very understandable 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, the person for whom employers made contributions to Pension Fund RF throughout long period, will also be able to accumulate on a personal account more money. 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. They won't get it good pension and those whose employers saved on insurance payments and contributions and paid wages “in envelopes.”

Therefore, the Ministry of Economic Development submitted to the government a proposal to accrue pensions according to new formula, taking into account work experience. This will not only make it possible to understand the value future pension, but will also remove the question of increasing retirement age– those who want to receive payments bigger size can continue to work long 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 term continuous work experience has been entrenched in the minds of most Russians since the existence of the USSR. Today this concept has lost its significance.

However, continuous work experience continues to be used in some industries for the purposes of:

establishing a longer vacation (Article 335 of the Labor Code of the Russian Federation);
bonus calculation ( regional coefficient) to wages;
when calculating temporary disability benefits.

In this article you will learn about the features of continuous work experience and its direct impact on the size of your pension.

What is continuous work experience?

An employee’s continuous work experience is the period during which he was in the status of unemployed for a number of days not exceeding the duration established by law. On this moment A citizen of the Russian Federation has the right to remain unemployed from 1 to 3 months (it all depends on the circumstances) while maintaining continuous work experience.

The concept of “work experience” is collective for three types of work experience. In law social security The following types of work experience are identified:

insurance (general insurance, special insurance) length of service;
labor (general labor, special labor, it is also called length of service) length of service;
continuous work experience.

Each of these types of work experience has different legal consequences. The difference between continuous work experience and special and total experience lies in its content. The components of continuous service include only work activity. An exception to this rule is the inclusion in the continuous length of service of the period of compulsory military service, as well as leave to care for a child under 3 years of age.

At the legislative level, the procedure for calculating total length of service is regulated by the Decree of the USSR Government, signed on April 13, 1973.

When entering a job after termination of an employment contract, continuous work experience is not maintained due to the commission of guilty actions, for which, according to existing legislation, dismissal from work is provided.

Such actions are considered repeated failure to fulfill labor duties without good reason and a single gross violation of labor duties by an employee.

Conditions for maintaining continuous work experience

The flow of continuous work experience is maintained when a person moves from one job to another. The fundamental condition is that this period should last no longer than 1 month.

IN special cases continuous experience is maintained even during longer breaks in work, which can last from 2 months to 1 year. What matters are the reasons for dismissal and the period during which the employee must begin his duties after terminating the employment contract with the previous employer.

Sometimes continuous service is maintained no matter how long the break from work lasts. This rule applies to people who quit due to the transfer of a spouse to another locality, for working pensioners, for parents of minor children with HIV, under a number of conditions - for military personnel and veterans.

The time during which a person receives unemployment benefits is not included in the continuous work experience, although it does not interrupt it.

The video talks about confirmation of work experience

Where continuous work experience is important

Continuous length of service now plays a role when employees in certain areas receive special allowances and benefits. An example would be workers medical institutions in the northern regions of the Russian Federation. They receive the bonus only if they have the required continuous work experience. In such cases, employees of institutions involved in rescue operations may be eligible for benefits.

Depending on the length of continuous work experience in one organization, an employee has the right to various benefits if they are approved by a collective agreement.

Does continuous service affect the size of the pension?

Previously, continuous work experience directly influenced the size of the future pension. It was awarded according to the “principle of solidarity.” If a person had continuous work experience, he received pension supplements, otherwise he lost them.

Interesting information

To qualify for an old-age pension, the length of work experience for men is 25 years, for women - 20 years. The list of periods of labor and other socially useful activities included in the total length of service is set out in paragraph 3 of Art. 30 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”.

The situation changed in 2002, when pension reform was implemented. Now the number of years worked and the amount of salary are taken into account when calculating pensions only for those who were born before 1963 and stopped working before the 2002 reform. For everyone else, the pension is calculated on a funded basis. Continuity of work experience is not important in this case.

What affects retirement now?

From January 1, 2002, the size of the future pension depends only on the insurance contributions that the employer pays to the Pension Fund for his employee. All amounts are accumulated in the person’s individual personal account. Their size is determined by the employee’s salary level. For this reason, some employers resort to paying “gray” salaries.

Such contributions are paid to the Pension Fund only if an employment contract is concluded. This length of service is an insurance period - it is this that affects the size of the future pension. Important condition: to assign a pension, a person must have at least 5 years of insurance experience, that is, for at least 5 years, employers must pay contributions to the Pension Fund for him.

There are two ways to increase the size of your future pension. The first option is to make additional contributions to savings part, the second is to take part in the state program for co-financing a future pension.

About the features of registration of work experience, watch the video

In what cases and who needs continuous work experience?

Let's figure out what influences continuous work experience after pension reform. Now it is necessary for employees of some institutions to receive a salary supplement. Among them:

Civilian medical personnel of federal state security bodies (Order of the Federal Security Service of the Russian Federation dated December 11, 2008 N 711);
Employees of some healthcare institutions (Order of the Ministry of Health and Social Development of the Russian Federation dated August 28, 2008 N 463n).

Since 2007, continuous work experience is not taken into account when calculating temporary disability benefits. According to Federal law dated December 29, 2006 N 255-FZ, when calculating the amount of such payments, the insurance period now matters. There is one exception to the general rule. It applies to the following situation:
the duration of the insurance period calculated before January 1, 2007 in accordance with Law N 255-FZ turned out to be less than the duration of the continuous work experience calculated according to the old Rules. In this case, instead of the duration of the insurance period, the duration of continuous work experience will be taken into account.

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