The tenure may be interrupted if the employee does not find a new place in time, or it may continue for a certain period of time, but not burn out. It cannot be canceled and upon further hiring it will be equal to the number of days specified in work book.

Is there a continuous period of service between the end of a previous job and the start of a new one?

Insurance

The insurance period is a set of periods of time during which insurance premiums were paid to the corresponding fund.

Unlike labor accrual of the insurance period cannot be interrupted and does not depend on the reasons for the employee’s dismissal, since when calculating it, the periods of work for which contributions were paid are summed up.

Labor

Work experience is calculated based on the amount of time spent in working and social activities, starting from the moment of reaching working age. The main document confirming its duration is the work book.

If the employee within a month, or, if available, special conditions, in accordance with the period specified in the legislation, finds a new place of work, then the accrual is not interrupted. Otherwise, when interrupted, length of service will be calculated by summing working days at the previous job and at the new one.

To calculate continuous work experience, it is necessary to take from the work book the dates of termination of the old and the conclusion of a new employment contract, and count the days (every 30 days are counted as a month, and 12 months as a year) located between these dates, provided there are no violations affecting the discontinuity.

After how many days is a break in employment considered and when does it begin to be calculated?

After dismissal from his current place of work, the employee has no more than 1 month to conclude an agreement with a new employer, in which case continuity of service upon dismissal is maintained.

It should be noted that for residents of the Far North, the employment period for a citizen increases from 1 month to 2.

But there are life circumstances that can change the terms for continuous service, such circumstances include:

There are also circumstances that allow an employee to be without work for an indefinite amount of time:

  • Availability of length of service for military personnel (25 years).
  • Company bankruptcy or layoff due to unforeseen circumstances.
  • Layoffs in localities with high unemployment rates.
  • Transfer of military personnel to another city.
  • Wrongful dismissal due to errors by medical personnel.
  • Carrying out public works.
  • Being in prison.

Every citizen cares about ensuring his old age. However, there are times when a person cannot continue his professional activity due to dismissal. IN similar situation The question arises: is the work experience interrupted or not? If you are concerned about this issue, pay attention to the contents of the article.

How many days is the work experience uninterrupted after dismissal from the Labor Code of the Russian Federation?

Due to new reforms in the pension system, the concept of continuous work experience has lost its former significance for most categories of workers. However, representatives of public sector enterprises and the public sector should know when seniority is interrupted. This is due to the fact that they may be deprived of government benefits.

Continuous service means a long professional activity without significant interruptions.
According to the Labor Code, continuous service after leaving work continues to be considered for a month.
If the employee was dismissed due to serious violations, then continuous service is not maintained. Such violations are defined as:

  • Failure to fulfill assigned duties;
  • Absence from work without good reason;
  • Theft or damage to production property;
  • And other violations provided for by law.

Depending on whose initiative the resignation occurred, you can determine how many days of service is not interrupted after dismissal:

  • When leaving at will and in the absence of serious circumstances, this period is three weeks;
  • At your own request, with clarification of valid reasons, one month;
  • By agreement of the employee and employer, one month;
  • When reducing the workforce, three months.

When is the length of service interrupted after voluntary dismissal?

If you have a desire to leave your place of work, you should know how long your work experience will be interrupted after dismissal. The period during which the duration of continuous service upon dismissal at one's own request is maintained is short-lived.


  • If a valid circumstance was not indicated in the application for leave, then this period is equal to three weeks;
  • If appropriate reasons are indicated, this period can be extended by a week;
  • If dismissal at the request of the employee is repeated several times during the year, then continuity of work is not maintained.
  • You can avoid interruptions if you search for a new place of work while on vacation.

Duration of continuous work experience after dismissal by agreement of the parties

The possibility of dismissal by agreement of the parties is provided for by the Labor Code of the Russian Federation. In most cases, the contract between the parties can be canceled by agreement of the parties. However, another contract may be terminated in the same way. Consent must be provided in writing. If an agreement to terminate the contract has been reached, then the period of continuous work experience after dismissal will be equal to one month.

In what cases is work experience not interrupted after dismissal?

The law provides for cases in which length of service does not cease to be maintained. The list of such circumstances is as follows:

  • When changing jobs within one month;
  • When canceling a contract by women who are pregnant or have children under 14 years of age or a disabled child under 16 years of age. The period of service will not be interrupted until the child reaches the specified age;
  • For working citizens of the northern regions, breaks from work should not exceed two months;
  • When military personnel serve under a fixed-term contract. If the period between dismissal and new employment does not exceed a year;
  • Maternity leave, including parental leave;
  • Termination of the organization's functioning;
  • The period after retirement;
  • Upon dismissal in regions with a high percentage of unemployment;
  • When returning to office after the removal of an unjustified sentence;
  • Carrying out paid public works.

There are situations when, for some reason, you have to leave your place of work. Then the question of breaks in work experience after dismissal becomes most relevant. To obtain as much information as possible on the relevant topic, you should refer to the provisions of labor legislation.

We will tell you in this material what continuous work experience affects and what benefits it gives when calculating the amount of a pension. In the meantime, let's figure out what kind of legal concept this is and what its legislative meaning is.

Surely, many of you remember that such a norm existed back in the days Soviet Union. Then continuous working age was associated with the right to receive special benefits and an increased pension. But a lot has changed since then; back in 2002, a pension reform was carried out in Russia. At the moment, this kind of norm is maintained only if, after dismissal, you took the same position, but at a different enterprise.

What is it, how to calculate it

In order to maintain continuous work output when leaving voluntarily, you need to get a job in a maximum of a month. Two months to find a job are given to people living in the far north of the country if their work previously meant staying outside the state.

Foreign citizens can also remain in the status of unemployed for sixty days without loss of continuous work experience if a social security agreement has been concluded with their country during this time. The law provides for the preservation of NTS (continuous work experience) for three months for those workers who have lost workplace during the downsizing or reorganization of the enterprise. The main difference, as you understand, is the reason for changing jobs.

If it is forced, as an example, we can cite the situation with teachers primary classes who are forced to search new job due to the reduction in the number of students, the state is ready to provide citizens with funds for up to three months. If the decision to leave work belongs to the citizen, he is given only one month on the condition of maintaining continuous work experience. Remember that continuous work experience is maintained if the break is no more than three months.

Work experience, continuous experience

The duration of the NTS has not affected the size of the pension for some time. Many Russians still think that in the following cases (with a large NTS) they have the right to calculate a special pension benefit. Although such a norm has already lost force, the size of the pension depends on the insurance output. Since the length of service is preserved if the break is not more than three months (meaning only NTS), most Russians do not have such a privilege, especially in modern realities, but do not lose the right to pension benefits.

Continuous work experience: what does it affect?

After we figured out what NTS is, it’s time to tell why it is needed. At the moment (2016) there are a number of cases in which the calculation of not only the insurance period, but also the NTS is used. For example, with continuous experience, you can count on a salary increase and even additional leave.

What does it mean when calculating the amount of a pension?

Do you want to know why labor production is needed? The characteristics of the innovations made it have virtually no effect on the size of the pension. We are often asked about continuous work experience, what it affects and how not to lose it. Now that you know all this (including how to calculate the NTS yourself), you can do it yourself or use online calculators calculate how much continuous insurance coverage you have.

In medicine, for example, studying in senior courses, especially with practice, is included in the experience. The differences with other professions are not so great. The NTS includes everything that is considered work under the law and is included in the general one. The abolition of some norms has led to the fact that the question of why length of service is useful and important has become the subject of great speculation. Some even said that NTS should be in order to receive a minimum pension, others said that for women, having such experience guarantees receiving a loan. Now you know the truth.

Why is it needed?

In short, to receive preferences. In some cases, you can get more flexible vacation periods; For civil servants, having an NTS is a positive factor on their resume. Breaking the NTS will not deprive you of your pension benefits; if the NTS is interrupted, you still have insurance, which is much more important.

How to calculate continuous work experience using a work book calculator

Many people are interested in the question: how to calculate/calculate continuous work time using a book? More than one essay has been written on this subject, and they have even created a special online calculator on the Internet that can calculate NTS using data from the book. But in addition to modern tools, you can also find instructions on the Internet for calculating NTS from the times of the Soviet Union. You shouldn’t use it; Russia has completely different legal norms.

So how to calculate NTS and not make a mistake? You need to calculate it manually; even if there is a calculation program on the Internet, it can only give you approximate results. Counting must begin with the first entry in the book. In order not to get confused when and where you moved, make it a rule to count every thirty days as a month, and twelve months as a year. The procedure is as follows: write down all periods of work from the work book on a separate sheet of paper. Count the number of days, months and years in each of them.

Remember that one interruption means the loss of NTS in the specified period, but for the purity of the experiment, count everything. It would be a good idea to calculate your total length of service, taking into account all jobs and positions held. A few subtleties about the calculation. Remember that the rules are that the day of dismissal is also considered a working day. There is even a special article about this in the law. The Code of the Russian Federation provides that when making such calculations, only one unit (the day of hiring) must be subtracted from the total amount of working days.

Does it exist now and does it matter?

It has, but not the same as before. The Code of the Russian Federation stipulates that in order to calculate pension benefits, the presence of so-called insurance experience is mandatory. The legislation abolished the rule that provided for determining the number of days, months or years of the NTS as the basis for calculating the amount of the pension.

As we said above, NTS for people in case of disability is calculated differently. They are given three months to recover; benefits in payment for medical services are not provided, which is reflected in the publication Russian newspaper. You can find out whether military service is counted and how the NTS calculates it for sick leave by contacting the pension center. Its employees know all the innovations and will tell you about them.

Calculation program

There are indeed counting programs on the Internet, but be careful, pay attention to the year of their release. An employee whose activity was terminated when calculating the NTS must take into account not only the period of unemployed status, but also the reason for dismissal, the existence of a contract, and so on. According to the Code of the Russian Federation, the duration of a citizen’s sick leave and the presence of disability are also important.

To preserve the NTS, we advise you to quit only if you already know where you are going to get a job. Current legislation gives an employee the opportunity to look for a job for a month. But by paying insurance premiums, you will also save your total for this time, and it affects the size of your pension. Special conditions apply for disabled people. One way or another, after a three-month period (maximum), you will lose the right to benefits provided to owners of an impressive NTS.

Until 2007, the concept of “continuous work experience” was used, when the “Rules for calculating continuous work experience...” approved by Resolution of the USSR Council of Ministers of April 13, 1973 No. 252 still had legal force. Now this document is invalid, and now instead of “work experience” the wording “insurance period” is used, but in some cases for various calculations these two concepts inextricably complement each other, therefore old legislative acts that have lost legal force still remain relevant.

The procedure for calculating length of service is regulated by Art. 16 Federal Law “On mandatory social insurance..." dated December 29, 2006 No. 255-FZ, according to which, to determine the amount of benefits in connection with pregnancy, childbirth or unemployment, the insurance period includes all periods labor activity at state, municipal or other work, during which the employee’s social insurance was provided and payments were accrued. In addition, the periods of insurance coverage also include other activities, as was the case before 2007:

  • Service in the ranks of the Russian Armed Forces.
  • Periods during which women dismissed from the RF Armed Forces or the KGB due to pregnancy or the birth of a child received appropriate benefits, provided that they returned to work before their child reached 1.5 years of age.
  • Completion of advanced training courses, if this was preceded by service in the ranks of the FSB, KGB, Armed Forces or Ministry of Internal Affairs.
  • Studying in schools and vocational schools, if the break between receiving a certificate (diploma) and finding a job does not exceed 3 months.
  • Industrial practice or work while studying at a university or secondary school.

At the moment, practically no payments depend on length of service, while the length of service is important for pensions and the calculation of sick leave, which is calculated as follows:

  • Paid 100% if the employee has more than 8 years of experience without breaks.
  • With an experience of 5 to 8 years, sick leave is paid at 80%.
  • If the length of service is from 1 to 5 years, then the certificate of incapacity for work is paid at 60%.

Thus, work experience and insurance experience are two different concepts, and the first can be significantly longer than the second. Many people are interested in when the length of service is interrupted after dismissal? There may be several cases here:

  • The employee was dismissed at the initiative of the employer for a gross violation: coming to work drunk, committing theft or intentional damage to the organization’s property, etc.
  • If the employee does not get a new job within one month after leaving his previous job.

At the moment, continuous length of service has no significance for the calculation of pensions and benefits, because For this purpose, the insurance period is used - the periods of transfer of insurance payments. In some cases, to calculate the insurance period, specialists have to compare it with the labor period, and if the first one turns out to be less, then the amount of benefits will be calculated based on the continuous one.

Now let’s talk about whether seniority is lost when you resign at your own request. According to the law, in such cases the following rules apply:

  • If an employee quits voluntarily without a valid reason, then in order to maintain continuous work experience, he must get another job within three weeks.
  • If an employee resigns due to employment in an organization located in another city/country, then the break should not last more than 1 month. The same applies to the transfer of his wife to another city.

Also, work experience is preserved if a woman is pregnant, is raising children under the age of 14, or has a disabled child until he or she reaches adulthood.

Definition of the concept

Continuous work experience is the length of service of an employee during which the breaks between transitions from one organization to another due to dismissal do not exceed the duration established by law.

In fact, continuous service upon dismissal in 2016 is calculated in the same way as before: in order to maintain it, no more than one month must pass between the termination of the employment contract with the previous employer and employment in a new job.

It often happens that after being fired, a person registers with the Employment Center and is looking for a new job, but suddenly falls ill and, due to the illness, the interval between dismissal and subsequent employment increases. In this case, the length of service is not interrupted, because illness is considered a force majeure circumstance and in order to maintain the length of service, it is enough for him to obtain the appropriate medical certificates.

Continuity of work experience after dismissal

Sometimes situations arise when, after dismissal from an organization, subject to subsequent employment, the length of service is not interrupted, because periods of involuntary unemployment are not taken into account:

  • Liquidation of an enterprise or reduction of staff: here nothing depends on the employee, and employment contract terminated due to circumstances beyond the control of the parties.
  • Transfer of State Duma deputies or persons undergoing military service to another city in connection with their professional activities.
  • The interval between retirement and subsequent employment.
  • Job loss in places with high level unemployment: administrative districts closed type, remote duty stations.
  • Termination of employment due to an erroneous medical report prohibiting continued work, or due to an unfair conviction with subsequent reinstatement.
  • Attracting to public works, payable.
  • The presence of a citizen in places of deprivation of liberty, subject to reinstatement at work in connection with the acquittal of the court and the dismissal of charges.

How long can you not work after dismissal so that your work experience is not interrupted? It all depends on who initiated the termination of the employment contract:

  • At your own request and in the absence of valid (compelling) reasons - 3 weeks.
  • For staff reduction – 3 months if the company was reorganized or liquidated.
  • At your own request if there are good reasons, or by agreement of the parties - 1 month.

In addition to the rules for determining continuous work experience after dismissal at will, in 2016 there are different deadlines for cases of involuntary termination of employment relations in relation to individual categories citizens:

  • Those serving under a contract in the RF Armed Forces – 1 year.
  • Military personnel with more than 25 years of service, as well as combat veterans - without a time limit.
  • Employees of the Government of the Russian Federation and the State Duma - 6 months.

As for continuous medical experience after dismissal, it is calculated in exactly the same way as insurance, i.e. it includes only those periods during which insurance premiums were made. In some cases, the conditions for maintaining seniority may be specified directly in the organization’s local regulations, but they are usually drawn up on the basis of the old Rules for calculating seniority, which have lost legal force.

At the moment, how long after dismissal the length of service is interrupted matters only for certain categories of workers who are entitled to bonuses for length of service and other compensation. In all other cases, the length of service is considered interrupted from the moment of dismissal, and temporary unemployment brings much less losses than before.

How to calculate continuous work experience upon dismissal?

To determine continuous length of service, a number of documents are used, on the basis of which it is calculated:

  • Employment contract and book
  • Military ID.
  • Salary sheet.
  • Certificate from the place of work.

In some cases, statements from archival organizations may also be used. In addition to the main job, work where the employee worked part-time is also taken into account, and the calculation is made according to calendar days. Also, the length of service of women with children under 14 years of age includes periods when they worked part-time.

Since the procedure for calculating length of service has changed dramatically since 2007, to calculate compensation, accountants have to recalculate continuous and insurance length of service before 2007 and after. If the duration of the insurance period is shorter, then the old rules apply, and only continuous is taken into account.

Accountants definitely need to know how many days after dismissal the length of service is interrupted, otherwise it will be impossible to calculate the amount of various compensations, and in case of incorrect calculation, the dismissed employee may require clarification from the Federal Social Insurance Fund of the Russian Federation or the Ministry of Labor.

Despite the fact that since 2007 the calculation procedure has been significantly simplified and the length of service is interrupted from the moment of dismissal, there are still a number of nuances in which such interruption can be avoided:

  • If you need to quit voluntarily in order to find a more profitable job, it is best to take a vacation followed by dismissal. Thus, a citizen has the right to begin performing work duties in another organization the very next day after the end of the vacation, however, if he has already quit more than once in 12 months, the length of service will be considered interrupted.
  • If a woman is on maternity leave for a child under 3 years of age and wants to go back to work, her husband can take this leave in order to receive benefits. If the employment contract expired while the employee was pregnant, the employer must renew it, because Dismissal in this case is allowed only upon liquidation of the organization.
  • If the enterprise is liquidated, then while on maternity leave, the length of service will include a period of up to 3 years, provided that the employee was registered with the Employment Center, but could not get a suitable job.
  • If an employee resigns due to transfer to another organization, the new employer is obliged to employ him within a month: this is the period of continuity.

Read also: Promotion order wages- sample

Despite the fact that now the procedure for calculating seniority has been significantly simplified, there are still some areas in which it is carried out according to the old rules established by the regulations of organizations.

It is also important to know certain cases when the length of service is considered continuous, but they are not counted towards it:

  • Studying in graduate school, clinical residency, university and secondary educational institution, if the intervals between their completion and employment do not exceed three months.
  • Sending family members of military personnel to work or study at enterprises in the USSR or abroad, if less than two months have passed from the moment of graduation to starting work.
  • A break from seasonal work, provided that an employment contract was concluded and the employee worked the entire last season and returned to work within the agreed time frame.
  • If the employee was involved in correctional work at the main place of employment without imprisonment.

What could be the consequences of interrupting your work experience?

If a citizen quit his job before 2007 and his work experience was interrupted due to exceeding the unemployment period, he had previously received payments for length of service and he got a job in an organization in which they are also accrued, then he loses such benefits until until the period of his work experience from the moment of employment reaches the period established for receiving them.

If you had continuous experience before 2007 great importance, then now most calculations are made on the basis of the insurance period. That is why those who do not receive compensation for length of service and were employed after the entry into force of the Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” have nothing to worry about, because when calculating payments and compensations, only calendar periods for making insurance contributions will be summed up.

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

More information about whether maternity leave for teaching experience via this link.

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. At the 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. Social security law distinguishes the following types of work experience:

  • 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 work experience of the time spent on urgent work. military service, as well as parental leave for children up to 3 years old.

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.

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);
  • calculation of a bonus (regional coefficient) to wages;
  • when calculating temporary disability benefits.

Under what conditions is work experience maintained?

Maintaining continuous work experience depends on the circumstances surrounding the employee’s dismissal.

Read here how length of service is taken into account when calculating pensions.

  • Continuous work experience after dismissal at one's own request is maintained subject to employment within 30 days from the date of dismissal.
  • For people living in the Far North and in areas equated to the Far North, this period is increased to 60 days if their work prior to dismissal involved being outside the Russian Federation. Also, foreign citizens can remain unemployed for 60 days when a social security agreement has been concluded with their home country. provision during this time. For employees who have lost their jobs due to downsizing or reorganization of the company, continuous work experience is maintained for 60 days.
  • The period for maintaining continuous work experience is extended to 90 days if the employee’s dismissal was forced. An example is a situation where primary school teachers quit due to a decrease in the number of students.

At the legislative level, there are cases where continuous work experience is recognized regardless of the duration of the break in work activity. Thus, continuous work experience will be maintained for an employee whose spouse is transferred to work in another region.

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

Continuous work experience will remain in the following cases:

  • if a person, after retirement due to length of service, resumes working activity;
  • upon dismissal from service of military personnel located in a zone of military conflicts on the territory of other countries;
  • if the dismissal of a parent employee is due to the need to care for a child infected with HIV (with the condition that when the child reaches 18 years of age, the employee will return to work).

For the above categories of citizens, continuous work experience will remain regardless of the period in which the person starts working again.

If a woman goes on maternity leave, her continuous work experience will be maintained. But in Russian legislation there is no information about whether continuous length of service is maintained when a woman goes on maternity leave. Lawyers argue that continuous work experience is maintained, since the woman remains employed, despite the fact that while on maternity leave she is engaged in family affairs and not in performing official duties.

The video talks about confirming work experience

How is work experience calculated?

When retiring in old age and upon subsequent entry into work, the time of interruption in work activity is not taken into account for calculating continuous work experience. It is quite difficult to independently calculate the total length of service, because... Sometimes accuracy up to one day is important. If the employee’s insurance experience is more than eight years, then it makes no sense to calculate the work/insurance experience, because the benefit will be equal to 100% of earnings.

During the existence of the Soviet Union, continuous work experience was especially important when calculating pensions. He guaranteed receipt of all kinds of benefits, as well as an increase in the size of the old-age pension. But in 2002, Russia switched to a new pension system, so the procedure for pension calculation was changed. Now, to calculate a pension, continuous work experience is no longer required. The size of the pension depends on the constant insurance accruals that were paid for the employee at the time of his employment under the contract.

Since 2015, continuous work experience under the Labor Code is determined differently than it was in the USSR. Labor Code says that continuous service is counted only when the employee worked in a specific organization. Continuous work experience includes the labor activity of an employee, which he carries out after dismissal while maintaining his profession, subject to compliance with all terms of further employment.

Continuous work experience in 2017 is calculated in calendar months and years during which the employee worked in one organization. When moving to another place of work, work periods at the new place of work will be counted only if all legal requirements for the terms provided for employment have been met.

Still have questions? Ask them in the comments to the article

How long does your work experience last after dismissal?

The professional period has fundamentally important. It is its duration that determines the amount of payments for temporary disability, and the time of retirement depends on it.

Correctly calculating this value is a major challenge for HR employees. At the same time, the general work time may be interrupted.

As a rule, such breaks are associated with a job change. After all, a certain amount of time always passes between dismissal from a previous job and employment in a new place.
In some cases, these periods are counted and included in the total continuous length of service.

Read also: Employment contract with the employee

When is the length of service interrupted according to the Labor Code of the Russian Federation?

This value remains the same if the break was from one to three months. In this case, the break is calculated based on two facts:

  • date of termination of the contract between the employee and the employer;
  • date of employment at another location.

In both cases, the basis is taken as a mark in the work book, which corresponds to the actual dates of conclusion or termination of agreements.

According to the Labor Code of the Russian Federation, cases when given time is interrupted, the following are considered:

  • dismissal at the initiative of the employee himself. As a rule, this is cessation of work activity at one’s own request;
  • dismissal due to negative reasons. This could be a violation of production discipline, committing a gross disciplinary offense or committing a crime. In any case, the initiator of termination of the relationship is the employer;
  • staff reduction or liquidation of the enterprise as a whole. In such a situation, the employee loses his position and his working period is forced to be interrupted.
  • These cases are specified in the law. Moreover, each situation has its own specifics. And the continuation of the period or its interruption directly depends on the reason for the termination of relations with the employer.

When is employment interrupted after dismissal?

The conditions for how long continuous work experience is maintained after dismissal depend on the reasons for leaving work. Several situations can be distinguished here:

  • when the contract is terminated without good reason at the initiative of one of the parties, the employee has one month to find a new place. If he does not find a job after a month, his work experience will be interrupted;
  • when working in the northern territories or abroad, the person receives two months for new employment.

Thus, upon dismissal, one or two months are retained, depending on the working conditions. This time is included in the total period. But after its expiration, further time will no longer apply to the working period.

When the length of service is interrupted after voluntary dismissal

The above situations also apply to the facts of termination of legal relations with the employer at one’s own request. That is, the person who quits has one month left. At this time, the period is maintained.

Even if the employee does not get a new job within several months, the specified one month will still be classified as working time. After the specified month, the work experience will be interrupted.

When the length of service is interrupted after dismissal at the initiative of the employer

Dismissal at the initiative of the employer means that a person has committed a gross misconduct. It is this kind of misconduct that becomes the basis for dismissal. Therefore, there is no reason to provide time to search for a new place while maintaining the working period. After all, the person violated labor discipline or otherwise proved his inability to work in his previous place.

In this case, the length of service is interrupted immediately after dismissal. And it will resume only after receiving a new place.

Thus, the answer to the question of when the work experience is interrupted after the article is obvious. Not a single day is saved after losing a job.

Is the length of service retained when applying to the labor exchange after dismissal?

Registration at the Employment Center means assigning a person the status of unemployed. This means that he will receive unemployment benefits.

Thus, there is no reason to maintain the working period. Therefore, the employee receives only the one or two months due to him after losing his job. The exception is cases of termination of the contract at the initiative of the employer.

  • In this case, the period remains for one month. The calculation of the specified time begins with a mark in the work book.
  • Reduction or complete liquidation of an enterprise makes it possible to maintain continuity for a period of three months from the date of termination of legal relations with the employer.
    This is the maximum time allowed by law.

What length of service is considered continuous?

Due to the fact that in last years Many amendments have been made to regulations on labor activity, and definitions such as length of service have also undergone changes. Let us examine in more detail what is meant by continuous work experience.

Continuous work experience

Continuous work experience is the labor or other socially useful activity of a citizen at one enterprise.

Currently, the time of continuous activity of a worker is taken into account only when it is necessary to determine the amount of payments for temporary disability.

When such benefits are calculated, the period of continuous activity is determined to be a person's work in a particular organization.

In some situations, it is possible to include in this period the time of previous work or other socially useful activities.

According to the laws of the Russian Federation, continuous activities include:

  • labor period as a worker or employee;
  • forced absences due to wrongful dismissal(when reinstatement followed);
  • work or paid internship while studying at a university or special institution;
  • service in the Armed Forces of the Russian Federation;
  • taking advanced courses qualifications.

In a situation of transferring to another job due to relocation It is allowed to extend the break in work for the time required for moving.

In a situation where a citizen has temporarily lost ability to work for a specified period of time, the permissible period is extended by the number of days for which the person was incapacitated.

The period of continuity of service for an employee when moving to another place is no more than 30 days. The break will be extended in situations specified by law.

The length of service remains uninterrupted regardless of how long the gap between the previous and new jobs lasted, if this was due to the fact that the spouse was transferred to work in another area.

Seniority cannot be retained when applying for a job if the previous employee was dismissed under such articles :

  • systematically failed to fulfill his job responsibilities without serious reasons and received disciplinary sanctions;
  • citizen once violated his job responsibilities (absenteeism, presence of alcohol, drugs or other types of intoxication at the workplace, violation of a non-disclosure agreement, theft and embezzlement);
  • the employee violated labor protection requirements. causing serious consequences or a real threat of their occurrence.

In what cases is work experience considered continuous?

The period of service remains uninterrupted when the break in work was no more than 3 months for the following cases:

  • citizens dismissed from organizations when they are closed or employees are laid off;
  • after the period of temporary incapacity for work has ended. due to which a person was fired from his previous place of work or in the event of termination of work at his previous place due to disability. In such situations, a period of 3 months is calculated from the moment when the ability to work was restored;
  • when a citizen was dismissed as unsuitable for his position positions;
  • if a teacher teaching in primary school relieved of his duties due to the transfer of 4 classes to a form of systematic teaching or in a situation of temporary reduction of students;
  • when an employment contract with a pregnant woman or mother is terminated. who has children under 14 years of age or children with disabilities under 16 years of age, until the child reaches this age, the length of service when applying for a new job remains uninterrupted.

Regardless of the duration of the break, the length of service will be maintained under the following circumstances:

  • if the employee quit of his own free will due to the fact that the spouse was transferred to work in another region;
  • after an employee leaves due to retirement or upon dismissal of pensioners due to age and other circumstances.

This will also apply to persons who receive a pension due to other circumstances (for example, length of service) in the case where they are entitled to receive a pension upon reaching retirement age.

How to maintain continuous work experience with a three-month interval in work?

You can leave your work experience uninterrupted in situations established by law.

The period of service is continuous when:

  • a citizen is studying in higher or secondary educational institutions. graduate school or residency, provided that the duration of the break between dismissal and admission to educational institution does not exceed the time established by law;
  • when a citizen is a member of the employee’s family. sent outside the state to work in various structures if the period of time from return to employment does not exceed 60 days;
  • for seasonal workers who have worked for one season. who have entered into a contract to work in the next season and have begun to perform their duties within the agreed period (applies to industries where it is allowed to sum up the time of seasonal work);
  • treatment time in dispensaries in the situation. when the duration of the break between the end of treatment and registration for a position is no more than 30 days;
  • serving correctional labor at the place of work(only provided that the citizen was not deprived of liberty).

Important. In the listed cases, the length of service will be considered uninterrupted, but the gap in work will not be counted towards it.

How many days is considered continuous service?

The length of service can be maintained as continuous during the duration between dismissal and starting a new job. no more than 1 month.