Previously beyond continuity length of service and the dates of entries in the work book were very closely monitored. We tried to move from job to job literally day after day. Does this indicator have any significance today? And in general, what is continuous work experience?
Continuous work experience
At the moment there is no clear definition of this concept in the legislation. There are a number of generally accepted rules that have operated by inertia since the existence of the USSR. In general, today continuous work experience is considered the number of years an employee has worked in one company. It could move from one position to another, but remain registered with one legal entity.
Previously, continuous work experience included time worked at another enterprise, provided that the gap between dismissal and hiring in another organization was no more than one month. The main condition for this is that the dismissal had to take place according to at will. If an employee was suspended from work under an “article”, the calculation continuous experience stops.
Also, sometimes the time gap from dismissal to employment for calculating continuous service could increase to two months. This happened in cases where the previous work was carried out in difficult conditions or abroad.
You could look for a job for three months - in the event that you were laid off, or your spouse was transferred to another position in another region, and relocation was required.
IN Soviet time continuous work experience allowed him to receive various bonuses, and upon retirement guaranteed an increase. For example, when working without dismissal in one organization for fifteen or more years, the size pension provision increased by 10%.
Also, continuous work experience influenced the amount of temporary disability benefits.
Today, some breaks in work associated with the employee’s performance of important tasks are also counted as continuous work experience. social functions. For example, time spent on maternity leave, maternity leave, military service - alternative, contract, conscription, as well as work in the Ministry of Internal Affairs and as a deputy in the State Duma.
Continuous work experience - why is it needed today?
During the Soviet era, this indicator made it possible to receive various allowances and bonuses from the state, and participated in the calculation of pensions. Today, the importance of continuous work experience is being lost.
There are individual companies that count this indicator and reward especially loyal employees. In the medical field, continuous service affects employee bonuses. But on a global scale, this indicator plays almost no role.
Pension provision is currently formed through contributions to the Pension Fund of insurance contributions. And only their size affects the size of the future pension.
Today, continuous work experience does not play a significant role. More attention is paid to duration labor activity than on its continuity. It doesn’t make much sense to comply with all the conditions in order to maintain continuous work experience. Unless you designate this fact as a personal achievement in your own resume.
Mezentseva Vasilisa
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. In simple terms, 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 in accordance with the current Rules for calculating the continuous length of service 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 agreements on social security(calculation starts 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. The numbers from the work book are simply entered into it, indicating the dates of hiring and dismissal. 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
Work period for calculation sick leave affects the amount of benefits 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. In addition, contract service in the army and compulsory military service are not included here. 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 voluntary dismissal, this period can extend 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 calculating sick leave, determining the size of a pension is based on the employee’s insurance experience, that is, the period of work throughout his life when insurance contributions were made. 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 size pensions are expected.
Find out what continuous work experience is used for and how it is considered, whether breaks in work affect its duration, and what to do if not all periods of employment are reflected in the employee’s work record.
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What does continuous work experience mean?
Not every personnel officer knows what continuous work experience is, what it affects and how it is calculated. Concepts used in personnel practice usually correspond to clear legislative definitions. Continuous work experience (Labor Code of the Russian Federation, Article 314) only indicates the presence of a certain type of work experience, which gives the right to additional guarantees and compensation. But nowhere does it say that it must be continuous.
Continuous service is not interrupted by long periods between periods of employment. After switching to insurance system sphere practical application continuous work experience has narrowed sharply, and the interpretation has changed.
When is continuous work experience used?
- If you need to calculate periods of work in the same specialty or profession.
- When determining an employee’s right to receive various additional payments, salary supplements and additional leave.
- In the practice of a specific employer or group of companies.
What does continuous work experience affect?
- Based on it, certain categories of personnel, for example, medical workers, salary supplements are awarded. The amounts and procedure for paying bonuses are established by industry agreements, collective and employment contracts, local acts of employers and departments. Thus, for doctors working in the healthcare sector in the federal customs service system, bonuses for continuous work experience are awarded on the basis of Order No. 1412 of the Federal Customs Service of Russia dated November 13, 2008.
- Some companies offer loyal employees with long continuous work experience at a particular enterprise extended voluntary health insurance policies, additional insurance, travel packages and other preferences.
To calculate temporary disability benefits, continuous length of service is used in exceptional cases: if the duration insurance period accumulated by the employee before January 1, 2007, is less than the duration of continuous. This is extremely rare, but still happens, since the insurance period is calculated according to Law No. 255-FZ of December 29, 2006, and continuous service is calculated according to the rules approved by Resolution of the USSR Council of Ministers No. 252 of April 13, 1973. Procedure Details explains the HR System expert.
How is continuous work experience calculated according to a work book?
Calculate the periods of work according to the work book. Sum only the periods between which there was no significant interruption of service, which is influenced by both the length of the interval between dismissal and subsequent employment, and the reasons why the employee was fired.
Rules for calculating continuous experience using a work book
- Sum up the periods in calendar order.
- If you are counting manually, write down the dates of hiring and firing in two columns.
- Add the dates in each column and subtract the first from the second sum.
- As a result, convert every 12 months to full year, every 30 days - for a full month.
To avoid errors when manually counting, follow detailed instructions, approved by resolution of the Pension Fund Board No. 2 dated January 11, 2017. If certain periods of employment are not reflected in the work book, ask the employee for other supporting documents - certificates, extracts, orders, contracts.
Sample certificate confirming work experience
Departmental and industry standards may establish additional requirements for the nature of work.
Pay attention not only to dates, but also to the specifics of the work performed by the employee in a given period.
What kind of break in work does not interrupt the length of service?
When a person works at the same enterprise year after year, under the same conditions, it is not difficult to calculate his length of service. But what length of service is considered continuous when changing jobs? To accurately answer this question, pay attention to the circumstances.
Soviet legislation did not regard a break lasting as an interruption of seniority:
- 1 month - for an employee who quit of his own free will;
- 2 months - for citizens officially working outside the Russian Federation;
- 3 months - for an employee dismissed for health reasons or as part of a staff reduction.
In addition, any break in continuous service had no effect if the employee moved to another locality due to the transfer of the husband or wife. In this case, the length of service was not reset, but continued to flow from the date of the next employment.
What length of service is currently considered continuous? The legislation does not currently establish the concept of continuous service.
Dismissal for absenteeism or for any other culpable reason does not deprive the employee of the right to northern bonuses and does not interrupt the length of service necessary to receive them. The duration of the break in work is also not taken into account (see decision of the Supreme Court of the Russian Federation No. GKPI09-536 dated June 10, 2009).
Continuous service was of fundamental importance in Soviet times, but it was almost completely lost after the transition to a new pension system. Use this indicator only when determining an employee's right to benefits, allowances and other guarantees.
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.
It is already difficult for the younger generation, who began their working career relatively recently, to understand why they need it. 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. Particularly significant this concept was 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 employees who lose their jobs as a result of medical conditions. 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 relies on points 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 for a gradual increase in insurance indicators, which should subsequently significantly increase the incomes of older people. However, it does not provide for premium coefficients for continuity of work.
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Work experience is a period professional activity person. Its presence and correct calculation is important for receiving various guarantees, benefits, and compensation from the state or direct employer. The state guarantees officially working citizens who transfer funds from their income to the budget, support in case of loss of ability to work, the opportunity to receive paid leave, and financial support in retirement age. Employers reward employees with salary bonuses and apply various incentive measures.
During the USSR period, the concept of continuous work experience was widely used. Modern Russian labor legislation does not contain such a definition. Previously, continuous work experience was directly related to the assignment of social insurance benefits (Resolution of the Council of Ministers of the USSR No. 252 of April 13, 1973) and influenced the size of pensions. However, the Constitutional Court of the Russian Federation, by its ruling dated March 2, 2006 No. 16-O, recognized one point of the provisions of the rules for calculating continuous work experience applied at that time as contrary to the Constitution. As a result, the entire document became invalid, and no new rules were adopted defining what continuous work experience is and why it is needed. In our article we will reveal to you some of the subtleties of labor law related to this topic and tell you why work experience is needed.
Why do you need continuous work experience?
Currently, the fact of having continuous work experience is important only in certain areas of work. For example, continuous work experience guarantees medical workers receive a bonus if they do not interrupt their activities while working in medical institutions.
Workers in the Far North have certain privileges to receive compensation and benefits if they have continuous work experience. In addition, employers themselves have the right to establish various advantages for employees who have a certain continuous work experience at the enterprise. These rules apply only within the organization that established them or a certain group of companies that have agreed on such conditions.
Thus, given that labor legislation does not set a strict framework and does not provide clear definitions regarding length of service, it can be divided into:
- general (legislation speaks about it only until January 2002);
- continuous (its official definition was canceled in 2006).
- giving the right to a bonus for length of service.
What is included in continuous work experience?
Continuous work experience, by its definition, shows that the employee worked for the same employer for a certain amount of time. According to the Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated April 19, 1991 No. 1032-1, the length of service is not interrupted by the following periods:
- recognition of a citizen as unemployed when he is paid benefits in this regard;
- student body to which the scholarship is paid;
- participation in public works on a paid basis,
- moving or relocating to another area in the direction of the employment center for employment;
- temporary disability (officially recorded);
- maternity leave;
- conscription for military training;
- participation in events related to preparation for military service;
- involvement in events related to alternative civil service;
- performance of government duties.
Any organization can establish its interpretation of continuous work experience by local regulations. In this way, companies encourage their employees by providing additional benefits (allowances, benefits, paid spa treatment, etc.).
What does it affect?
Continuous work experience was important during Soviet times. The size of state benefits, benefits, and pensions depended on its duration. Currently, the concept of insurance experience is used. The effect of the continuous period of work remained for certain categories of professions and positions when receiving certain wage supplements.
Continuous work experience provides guarantees and gives the right to receive compensation to persons working in territories with difficult climatic conditions - in the Arkhangelsk, Irkutsk and Chita regions, Karelia, Komi, Buryatia, Tuva, southern regions of the Far East, Krasnoyarsk Territory (Order of the Ministry of Labor of the RSFSR dated 22.11 .1990 No. 3).
When continuity is maintained
In addition to the periods established by Law No. 1032-1, which do not interrupt the length of service, there are rules for periods of employment. In most cases, continuous work experience is not considered interrupted if the employee changes jobs within a three-month period. In some situations, this period is reduced to a month or is not legally defined at all. In such cases, the period of interruption of service depends on the grounds for dismissal, location and specifics of work, etc.
The work experience is also not interrupted if the employee was dismissed at the initiative of the employer for committing guilty actions (Determination of the Armed Forces of the Russian Federation dated December 23, 2004 No. KAS04-596).
How is continuous work experience calculated?
- employment history;
- military ID;
- employment contract and certificates from the employer;
- certificate from the employment center;
- agreement with the university and extracts from the orders of the educational institution on the appointment of a scholarship;
- references from various archives.
Continuous work experience is considered to be a simple addition of periods of work at one enterprise (or in similar organizations, if it comes to the continuity of work experience for doctors), as well as periods that the work experience is not interrupted by virtue of labor legislation.
You can do the calculations using online calculators, but for accuracy of calculations it is better to do the calculations yourself. This is especially true in cases where the work record book is lost, and the calculation has to be carried out using available documents (for example, to prove your position in court).
Both part-time work and part-time work (which is used by mothers who have young children) are counted as continuous work experience. It is necessary to take into account that the emergence of labor rights begins from the date established by the agreement with the employer (other documents).
The period when the employment relationship is terminated begins not from the date of termination, determined, for example, by a dismissal order, but on the next day after that. If the period is calculated in calendar days, non-working days are also included. In cases where the last day of the period is a non-working day, the working day following it is taken as the day of completion of work (Article 14 of the Labor Code of the Russian Federation).
According to the work book
The main document containing information about continuous work experience is the work book. It contains all the information about the official activities of the citizen. The information contained in it can be easily verified for accuracy; it is enough just to make requests for payment by the employer indicated in the work book of taxes and mandatory contributions for its owner. If it turns out that the tax office pension fund There is no information about payments, you will have to raise all the accompanying documentation. In some cases, this turns out to be impossible due to the closure of the enterprise and the lack of documents in the archive, etc.
The procedure becomes more complicated if the citizen does not have a work book in his hands, but a duplicate of it, since the rules for filling it out are more lenient compared to filling out the original, and some information may be lost (Resolution of the Government of the Russian Federation of April 16, 2003 No. 225).
For retirement
Pension legislation is not tied to continuous work experience. Increased pension for long continuous work experience no.
To calculate old-age benefits, the employee’s insurance length and the amount of contributions made by the employer are important. It does not matter how long a person has worked in one organization. The main thing is that the salary is official, which provides guarantees of receiving a pension in the future. In addition, the amount of insurance contributions also affects the size.
In the presence of so-called salaries in envelopes (gray, unofficial) or with meager contributions to the budget, a future pensioner can count on only minimal security.
For sick leave
The amount of benefits for temporary disability does not depend on the continuity of work experience, but depends on the length of insurance coverage. The latter is not affected by interruptions in work (Letter of the Federal Insurance Service of the Russian Federation dated October 30, 2012 No. 15-03-09/12-3065P).
There are situations when an employee’s length of insurance coverage for the period before January 1, 2007 is less than the length of continuous employment for the same period. Considering that until 2007 it was continuous work experience that was used to calculate benefits for temporary disability, the law gives citizens an indulgence and allows, instead of the duration of the insurance period, to use continuous work experience in such cases (Article 17 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability”). disability and in connection with maternity" dated December 29, 2006 No. 255-FZ).
Disputes regarding the continuity of work experience and the mandatory use of it in certain cases occur frequently. If you cannot figure out the situation, call our specialists or leave your question in our online chat. Qualified lawyers will tell you how to calculate your length of service, what compensation you can expect upon dismissal, and how to protect your rights if your employer violates them.
