Many workers still believe that continuous work experience gives them an advantage, and if their periods of work are not interrupted, they can count on some benefits. In the event of dismissal of their own free will, they always strive to enter a new place as quickly as possible. This makes some sense, but in general, time off from work is not as critical as many people think about continuous service after dismissal.
Also see:
- How is continuous work experience calculated and what does it affect?
- The State Duma approved a law that introduces a new concept – “professional experience”
The history of the concept of continuous service and its significance today
Continuous work experience is usually understood as the total time of work in one organization or the total period of employment. Provided that the break during the transition between employers is no more than 3 weeks or there were other grounds for maintaining the length of service.
It was used in Soviet times to calculate disability benefits (Rules for calculating continuous work experience, approved by Resolution of the USSR Council of Ministers dated April 13, 1973 No. 252). In 2010, this document completely lost force and is no longer used.
However, similar provisions on length of service for incapacity for work can be used at the present time - on the basis of Part 2 of Art. 17 Federal Law of December 29, 2006 No. 255-FZ.
However, now the concept of insurance experience is used to calculate the amount of benefits and pensions . That is, the time when insurance premiums were paid in the prescribed manner. But there are some situations where the presence of continuous insurance coverage plays a certain role.
IMPORTANT!
Despite the absence of the need for mandatory continuous experience, it still needs to be reflected in the employee’s work book (for example, clauses 7.2, 3.3 and 3.4 of Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69).
Also see “Insurance and general work experience: what is included.”
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.
Legal documents
- By definition dated March 2, 2006 No. 16-O
- Constitution of the Russian Federation
- Federal Law No. 255
- dated December 17, 2001 No. 173
- dated 12/28/2013 No. 400
In what cases is continuous work experience still required?
The list of circumstances when an employee today may need continuous work experience is very limited. And in the vast majority of situations, it is not so important for a citizen. So, it may be required:
- to receive a salary supplement for some employees of healthcare institutions under the jurisdiction of the Customs Service - on the basis of Order of the Federal Customs Service of Russia dated November 13, 2008 No. 1412;
- if the duration of payment of insurance premiums by a citizen for the period before 01/01/2007 is less than his continuous length of service, continuous length of service is used to calculate sick leave (Part 2, Article 17 of Federal Law No. 255-FZ of December 29, 2006);
- in some industries, the relevant agreements and collective agreements may provide for additional leave for continuous work experience in them (see Industry agreement on the mining and metallurgical complex of the Russian Federation for 2020-2022, approved 12/20/2019);
- for assigning an increase to the official salary, pension and for additional leave for civil servants (clause 5 of the Procedure, approved by order of the Ministry of Health and Social Development dated December 26, 2011 No. 1648n);
- northern bonuses for work in the Far North are also calculated for continuous work experience in these territories (Article 317 of the Labor Code of the Russian Federation, Article 11 of the Law of the Russian Federation of February 19, 1993 No. 4520-1). However, now it is summed up regardless of the reasons and duration of breaks in work (Resolution of the Government of the Russian Federation of October 7, 1993 No. 1012).
IMPORTANT!
There is an opinion that continuous length of service gives an employee the right, when moving from company to company, to go on vacation without having worked for 6 months. However, this is incorrect , since even a transfer from company to company is accompanied by dismissal and payment of compensation for unused vacation days. Therefore, the length of service for calculating vacation days is in any case interrupted and begins to flow again.
Spouses
There is one more point that has been overlooked. It doesn't happen very often, but it does happen. We are talking about situations when one of the spouses is transferred to work in another region. Accordingly, the family must move. The second spouse will have to quit. But he will continue to have uninterrupted service. How many days are allocated in this case for job search? Three months (90 days). But many are trying to either no longer strive for continuity, or to find a new place of work as soon as possible, within the first 30 days. This is an additional safety net that will help avoid surprises.
What are the rules when calculating continuous work experience?
When it is necessary to determine the continuous length of service, due to the lack of other regulatory documentation, one should use the previously valid regulatory act - the Rules for calculating the continuous work experience of workers and employees when assigning benefits for state social insurance (approved by Resolution of the USSR Council of Ministers dated April 13, 1973 No. 252).
The work experience is not interrupted:
- if the break in work activity during the transition between employers in the form of a transfer was no more than 1 month ;
- in case of leaving of one's own free will, the time period between dismissal and hiring should not be more than 3 weeks ;
- upon separation by agreement of the parties, the break in work should also not exceed 1 month .
IMPORTANT!
If you resign at your own request during the working year, the length of service is interrupted regardless of the time of the break. In addition, the length of service is interrupted in the event of dismissal at the initiative of the company for guilty actions.
Military service time is counted in continuous service one year after a year, and conscription service - one year after 2 years. But for this it is necessary that the period between dismissal from service and subsequent employment or admission to an educational institution should not be more than 3 months .
Continuous length of service is calculated in calendar order according to the following rules:
- based on 30 days in each month and 12 months in a calendar year;
- every 30 days they convert to a month;
- Every 12 months converts to a full year.
EXAMPLE
It is necessary to determine continuous work experience. The basis for dismissal in all periods is personal desire.
- Accepted 10/18/2018 – dismissed 10/22/2019.
- Employed on 10/23/2019 – fired on 02/06/2020.
- Hired on March 15, 2020 – fired on May 11, 2020.
Since the break between the second dismissal and the third hire was more than 3 weeks, the third period is not counted towards continuous service. Then the continuous experience will be from 10/18/2018 to 02/06/2020 - 1 year 3 months and 10 days.
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:
- a person’s work under employment contracts;
- state civil and municipal service;
- during which the person was subject to compulsory social insurance in case of temporary disability and in connection with maternity.
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, which made The obvious answer to the question is whether seniority is lost upon dismissal of one's own free will: no, when assigning pensions, only insurance premiums and the total period of employment 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 jobs.
Circumstances under which length of service is canceled
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- What does the labor inspectorate check?
Knowing how many days after dismissal the period of service is interrupted and without allowing any delay, you can still reset the period of permanent employment. This happens for two reasons:
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- Change of employers more than once a year.
- When an employee was fired under an article.
When is continuity of service interrupted?
The legislation also provides for cases or conditions when the length of service cannot be considered continuous and is therefore interrupted.
If the employee’s employment contract is terminated under the article, that is, for malicious violations of labor discipline specified in the resolution of the plenum of the Supreme Court number 2, adopted in March 2004. This includes repeated evasion of official duties, gross violations of discipline, loss of trust from management and the team, immoral behavior, and so on.
In the listed cases, termination of an employment contract is a method of disciplinary action and punishment (according to Article 81 of the Labor Code).
Until March 2004, interruption of service also resulted from repeated dismissal within one year (at one's own request). But this circumstance can no longer automatically interrupt the length of service! All citizens engaged in working activities should remember this and demand that HR department employees correctly recalculate their length of service if such a mistake was made.
You will find out the maximum period of sick leave in our detailed material. You can find out what payments are due upon dismissal of a pensioner here. For delayed wages, the employee is entitled to compensation. You will learn how to calculate it in this article.
What's the benefit?
At the moment, continuous experience is important only for certain professional fields.
Benefits apply to:
- medical workers (they are given a bonus);
- residents of the Far North (compensations and benefits are provided);
- employees of institutions where, at the discretion of management, privileges and bonuses are provided for those working for a long period of time at a particular enterprise.
Within an organization, privileges such as:
- one-time remuneration upon reaching a single length of service;
- bonuses or additional payments to the basic salary;
- the right to long leave, including paid leave.
To maintain uninterrupted service, the following points must be taken into account:
- if within 12 months a person has repeatedly changed jobs, then the length of service is interrupted even if all conditions are met;
- dismissal under the article interrupts the length of service even if the term of employment for another job is met;
- continuous work experience is maintained in case of interruption due to child care.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
The period of continuous service after termination of the employment contract depends on how the employee is dismissed (by article, at his own request, or by mutual decision of the employee and employer).
This is important to know: Is it possible to fire a disabled person of group 2 at the initiative of the employer?
What if I start working again?
Let's say the pensioner gets a job again in July 2021. How will this affect his pension? On the new recalculated pension - no way. In the amount that was established after dismissal, he will receive it every month while he works at his new place of work. Indeed, in such a situation, the amount of the pension is determined on the date preceding the date of resumption of work. However, he will not have to count on the next pension indexation due to all non-working pensioners (if, of course, he is still working by that time).
IMPORTANT
Due to new employment, the pensioner will not have his pension reduced back to the amount he received before dismissal. So if he first quits and then returns to work, this will have a positive effect on his pension.
Thus, we answer the question “How many months after a pensioner’s dismissal can he get a job again without the indexation being cancelled?” – already carried out indexation WILL NOT BE CANCELED . However, keep in mind that if a pensioner quits and immediately finds a job again (for example, a month later), then the Pension Fund simply will not have time to index his pension, since according to all reporting documents the person will be listed as working.
Role in the issue of pension calculation
Based on current legislation, continuous work experience does not affect the amount of a future pension. It is impossible to receive additional payments for loyalty to one employer after retirement.
The main factors on which the amount of old-age benefits depends:
- the total duration of official employment (in 2019 for insurance benefits it is 9 years);
- individual pension points (calculated every year based on salary, basic minimum - 13.9);
- age (the right to receive a pension appears after reaching the established age limit).
The employer's insurance premiums for its employees have a decisive influence on future pensions, that is, only the insurance period is taken into account. It represents the total duration of work activity during which insurance premiums were paid for the insured employee.
Employers make contributions only for employees performing their work duties on the basis of an employment agreement. The amount of this payment can be increased only if you make additional contributions to the funded part.
Expert opinion
Irina Vasilyeva
Civil law expert
In exceptional cases, some employers, after an employee’s retirement, may independently offer additional supplements to the basic pension amount, depending on the time worked at the enterprise.
Features of calculating work continuity
Since the length of service is considered continuous when working permanently with one employer, in order not to lose it, you must comply with certain conditions in the timing of the transition to a new place of work.
- work book;
- employment contract and certificate from the employer;
- military ID;
- if necessary, certificates from the employment center and archival organizations.
The continuous work period includes work that the employee performed part-time.
The length of service is also counted for women working part-time with children under 14 years of age. Since 2007, the calculation of length of service has changed. To calculate compensation, the accountant needs to recalculate the continuous and insurance experience before and after the specified year. If the insurance period is less, then only continuous is taken into account.
The calculation itself is carried out using records from the work book about acceptance and dismissal from work. The length of continuous service between dismissals is also taken into account. The calculation is carried out using a special program or an online calculator.
After termination of employment, continuous length of service is not regulated by the Labor Code of the Russian Federation due to the fact that this term is not used in the current legislation. But in 2021, some provisions of Soviet legislation still apply with regard to continuous length of service.
This is important to know: dismissal of pensioners due to staff reduction, compensation 2021
Preferential categories and terms for them
In some situations, employees of certain industries are forced to resign of their own free will: for them, the job search period has been extended, including:
- military personnel who are in the army under a contract (the employment period for such citizens is up to 1 year);
- veterans and military personnel who have served in the army for more than 25 years (do not have strict time limits for searching for a new job);
- government employees and State Duma deputies (must find a new job within 6 months from the date of dismissal).
As you can see, the process of dismissal and calculation of continuous service has a lot of nuances, ignorance of which can cause many problems. If any arise, you can get a comprehensive answer to your question by contacting a lawyer for help.
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