The impact of interruption of work experience: reasons and consequences

Continuous work experience during the existence of the Soviet Union had important legal significance and influenced the calculation of pensions and the payment of social benefits. Due to the adoption of a number of amendments, the status of this legal concept has changed significantly in labor legislation.

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

What is continuous work experience?

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

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

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

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

Conditions for maintaining continuous work experience

In order to maintain your work experience and continue to count it, it is recommended to take as few breaks as possible while looking for new employers. The laws establish certain requirements, the fulfillment of which in 2021 ensures workers continuity of their work activities.

If a citizen cooperates with his employer for more than one year, followed by termination of the contract at his own request, the length of service continues to be calculated if a new employment contract is signed no later than three weeks from the date of cancellation of the previous one.

If the employee had to terminate the employment agreement with the employer due to a reduction in personnel or on the initiative of the manager, then, according to the law, he is given 1 calendar month to search for a new job without interrupting his work experience.

In addition, there are some categories of citizens who are given 60-90 days to find a new place of work, such persons include the following:

In addition to the above circumstances, the occurrence of which does not interrupt the employee’s work experience, there are several other situations that do not affect the calculation of labor activity. Citizens faced with similar circumstances may be absent from work for several years, but at the same time, their work experience will be taken into account further:

• Parents of HIV-infected adolescents, until their children reach adulthood;
• Pensioners who, after officially retiring, decided of their own free will to continue working;
• Dismissal of a serviceman with twenty years of service for the benefit of the state.

All of the above situations are the most common, separating citizens from fulfilling their labor obligations. The state recognized the majority of cases as truly serious grounds for temporary disability of citizens without interruption of their work experience.

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When is service considered interrupted?

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

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

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

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

Why do you need continuous work experience?

Nowadays, insurance experience matters, so it is difficult to determine the true role of continuous work in legislative documents. However, in some situations it is continuous experience that matters:

• full calculation of temporary disability benefits;
• calculation of temporary unemployment benefits;
• determining the possibility of providing a person with additional education and advanced training;
• pension calculation;
• wage supplement, especially important for civil servants or municipal workers;
• receiving additional benefits if they are fixed at the federal or regional level;
• preferential retirement based on length of service in professions established by law.

Although the labor code now does not contain a definition of continuous length of service, its role has been preserved and, in one way or another, contributes to the receipt of social guarantees and compensation.

When to interrupt after dismissal

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

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

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

Three months are counted as length of service after dismissal:

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

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

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

Continuous work experience according to the Labor Code

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 length of service will allow you to receive certain benefits, for example, 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:

• for workers of the Far North 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;
• primary school teachers 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.

Useful information: Online calculator for calculating vacation pay upon dismissal.

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.

Article 13

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 2021, 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.

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

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

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

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

Continuous work experience: how it is taken into account

Nowadays, what length of service is considered continuous has changed. According to the provisions of the Labor Code of the Russian Federation, this is the period during which the employee worked in the same enterprise. Not a single article of the Labor Code of the Russian Federation directly indicates this, but there is an indirect mention in Article 121 of the Labor Code of the Russian Federation.

Note that the duration of work in one company no longer affects the amount of sick leave and the amount of pension. The only advantage is allowances and benefits in a number of professional areas.

For example, teachers and medical workers receive bonuses for many years of work in their field of activity. Also, salary increases are given to those living in the Far North and equivalent regions (Order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 3):

• Arhangelsk region;
• Irkutsk region;
• Chita region;
• Republic of Karelia;
• Komi Republic;
• The Republic of Buryatia;
• Tyva Republic;
• Southern regions of the Far East and Krasnoyarsk Territory.

What might be the impact today?

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

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

Continuity of service does not affect the amount of pension provision; this situation remains in effect for 2021 and subsequent periods until the possible adoption of appropriate changes to labor legislation.

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

What does continuous work experience affect?

Maternity leave, sick leave, pension, bonuses, social benefits - these concepts have long been associated with the phrase “continuous work experience.”

What does this term mean now and does it actually have an impact on receiving any benefits from the state or the enterprise in which a person works? To answer these questions, you should find out the definition of “continuous work experience” and its purpose.

When is it saved?

To date, continuous work experience does not have a significant impact on receiving government benefits.

However, it is worth considering the situations in which it persists, because

The Russian legislative system is still quite young and amendments to laws are made frequently.

So, there are several options for maintaining your seniority if you lose your job:

• dismissal from work at one's own request, if the search for work and employment in a new place takes no more than one month;
• for residents of the Far North there is a privilege when resigning at their own request; they are given two months to find a job;
• laying off an employee with benefits provides the opportunity to find a new job within no more than three months;
• during liquidation of an enterprise, including bankruptcy proceedings, the employee is also given the opportunity to move to a new place of work within a three-month period;
• Temporary disability due to health does not have an effect if the employee’s rehabilitation period takes no more than three months;
• a situation that is extremely rare, but does occur when an employee goes on leave to care for a child with HIV infection, the length of service is maintained subject to the obligation to return to work when the child reaches 18 years of age;
• citizens who resumed work after retirement;
• military personnel discharged early due to length of service sufficient for retirement.

Continuous operation otherwise will be impaired.

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When is it violated?

Accordingly, situations that are not included in the list of exceptions are a reason for disrupting the continuity of work experience, including maternity leave after childbirth.

In rare cases, it is possible to maintain continuous work experience if you resign at your own request and return to your previous place of work after one month, but usually this serves as a basis for refusing to maintain such work experience.

How is continuous work experience calculated?

The rules for calculating continuous work experience are quite simple. The basis for its calculation are the following documents:

• contract or work agreements;
• employment history;
• certificates from places of work;
• military ID.

How is continuous work experience considered if there are no special marks regarding the continuity of work activities in these documents? The calculation can be made by summing the total number of years/months of work and one-month, in some cases three-month breaks.

What does work experience affect?

As mentioned earlier, for most citizens, continuous work experience does not have any impact on either current work activity or future payments, i.e., in calculating pensions, calculating sick leave, receiving benefits and preferences from the state.

However, for medical employees it has an impact on receiving additional financial assistance from the state in the form of salary supplements.

The category of citizens receiving such benefits on the basis of the current order of the Ministry of Labor of the RSFSR No. 3 dated November 22, 1990 also includes employees of enterprises:

• Far North;
• other organizations located in areas of difficult climatic conditions: in the Far East in Buryatia;
• Tove;
• Irkutsk, Arkhangelsk and Chita regions.

Whether continuous work activity affects pension payments, we will consider further.

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

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

Education

Studying at a university or special educational institution, enrollment in clinical residency or graduate school, if the period of dismissal and enrollment in relevant organizations, including preparatory periods, did not exceed 3 months.

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

Work abroad

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

Off-season period

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

Staying in a sanatorium

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

Serving a sentence

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

Does continuous service affect sick leave?

Although the term “continuous service” does not actually exist, this does not mean that it has ceased to have meaning. For example, to receive sick leave benefits, the total period of work is important:

• with less than 5 years of experience, the amount of sick leave will be 60% of the salary;
• from 5 to 8 years – 80%;
• more than 8 years – 100%.

The calculation of temporary disability benefits has the following indicators:

• the employee’s average income two calendar years before the onset of the disease;
• average daily salary (calculated from the previous value);
• total work experience, which is recorded in the work book and contracts not included in the book.

At the same time, insurance contributions were transferred to the employee from each place of work.