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Why do you need continuous work experience. Continuous work experience

For a long time, continuous work experience played an important role in the appointment of pensions and sick leave payments. Loss of work and failure to meet the deadline for subsequent employment threatened to lose the right to increased benefits and other benefits. In this article, we will consider what this concept means, what role it plays today, and also whether the continuity of seniority affects retirement and benefits.

What is continuous seniority

In order for the seniority to be considered continuous, it must meet the following conditions:

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

This procedure was first established by the Rules, approved. Decree of the Council of Ministers of the USSR dated April 13, 1973 N 252, which are currently not valid. The Constitutional Court of the Russian Federation, in its Ruling of 03/02/2006 N 16-О, indicated that the establishment of the dependence of temporary disability benefits on the amount of continuous work experience is considered a violation of the constitutional rights of citizens.

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

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

  • 60 - with an employee's insurance record of up to 5 years;
  • 80 - with work experience from 5 years to 8;
  • 100 - with more than 8 years of experience.

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

According to general rules, the amount of the pension at the present time also does not depend on the duration of the pensioner's continuous work.

What is the impact of continuous work experience today?

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

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

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

The procedure for maintaining the continuity of experience, as well as which periods do not interrupt the course of this period, is determined by industry regulations.

So, the Law of 05/27/1998 N 76-FZ allows you to count the time of military service in continuous work experience as follows:

  • one day of service \u003d one day of work if a citizen is performing military service on the basis of a contract;
  • one day of service \u003d two days of work, if conscripted.

However, this procedure is valid provided that no more than a year has passed between the day of completion of military service (dismissal) and the day of starting work or admission to an educational institution.

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

The continuity of work experience is confirmed by a work book, archival certificates and other documents that contain information about the citizen's labor activity.

Work experience up to a certain year was the basis for calculating and calculating pension payments, as well as for the state to provide support to workers in the form of additional payments. However, it was abolished and the insurance experience took its place. However, in certain cases it is still necessary. What is the effect of continuous work experience, what is the order of its calculation, what are the nuances and difficulties - all these points are considered below.

Definition of continuous work experience, what it affects

Continuous work experience - the duration of a citizen's labor activity, taking into account the time during which he did not have a job, but was in search of it (this period has permissible limits, which cannot be exceeded).

This experience was especially in demand during the Soviet era. With its help, the administrative bodies of economic entities:

  • motivated their employees and minimized the irrational use of labor time;
  • guaranteed the team confidence that the work would be appreciated and paid for.

Nowadays, such seniority is perceived by managers (especially small and medium-sized companies) as a rather unpleasant restriction of the freedom to choose a workplace. Moreover, since 2007, calculations (for example, for temporary incapacity for work) are carried out on the basis, and not of continuous work experience.

Nevertheless, in some cases, the indicator of continuous work experience is still used:

  • to prolong the vacation (based on Article 335 of the Labor Code of the Russian Federation);
  • to determine the regional coefficient to labor remuneration;
  • in special cases, according to the decision of the company's management - for additional payments to the salary.

Thus, continuous work experience is used to increase the salaries of employees, as well as to increase the duration of vacation.

In 2018, continuous work experience is important within:

  • one company (if the clause on the relevant benefits is reflected in its local regulations);
  • one field of activity (if preferential payments are specified in special laws, departmental acts);
  • one territory (for example, the Far North).

Continuous work experience is taken into account only if the change of jobs occurs in the context of one specialty, for example, a doctor is transferred to another hospital or an accountant gets a job at another enterprise.

According to Art. 66 TC, continuous work experience is confirmed by entries in the work book. According to Art. 135 and Art. 144 of the same act, the full amount of wages (including all additional charges) is determined in accordance with the adopted system for calculating labor remuneration.

So, the company can be assigned an additional bonus to subordinates for continuous work experience. The local act that confirms this should contain a reference to whether it includes:

  • the time during which the citizen served in the army;
  • time allotted for childbirth and care of a minor;
  • periods of time without work.

The procedure for calculating continuous work experience

Continuous work experience is considered if the employee works according to the received specialty at the same company or in a special territory (for example, northern). It also persists upon dismissal, but in certain situations. At the same time, the following requirements are true:

Work experience is also preserved:

  • for company employees who quit because of caring for an HIV-positive child;
  • for employees of the company who have reached retirement age, but decided to continue working;
  • for the military who have changed places of service.

For the calculation of continuous work experience, employment must be official. In order to prove the fact of employment in general and its legality, in particular, it is necessary to request an extract from the Tax Authority and the Pension Fund of the Russian Federation (with confirmation of regular deductions). The calculations take into account the months and years during which citizens carry out labor activities.

It takes into account not only the period of work in the main position, but also part-time work. young mothers are also included in the seniority.

The calculation of the period of service is also made on the basis of the following documents:

  • military ID;
  • contract of employment,
  • certificates and extracts from the duty station.

Continuous work experience for calculating pension

Previous work experience influenced many areas of the employee's life. However, with the gradual modernization of labor legislation, it gave way to insurance experience. So, today the pension is determined taking into account the second. The work experience of the employee does not affect either the moment of retirement, or the amount of subsequent payments (as well as the amount of temporary disability benefits and vacation pay). Now these payments depend on how often and in what volume insurance payments are deducted to the Pension Fund, how many pension coefficients have been accumulated (they depend on the amount of wages).

As you can see, after the pension reform, many regulations, in particular, the Labor Code, have undergone changes. The concept of "continuous work experience" was eliminated (but not completely, since in some cases, cited above, it is still used), and instead of it, "insurance experience" was introduced.

Continuous work experience is the time of working in one company. This value may also include the period of work for different employers, if certain circumstances persist. This indicator is needed when calculating unemployment benefits.

Sometimes, the period of service may include not only work, but also activities for the benefit of the state: service in the Armed Forces, industrial practice, training on courses, etc.

When is continuous work experience maintained?

This indicator persists if, when changing jobs, more than 1 month has not passed. A break in work experience is not taken into account for women who have children under the age of 14 or are caring for children with disabilities under the age of 16.

In addition, this indicator does not interrupt the dismissal in case of moving to another locality together with the spouse, due to the change of work of the latter.
And if you are employed in government agencies or serve in the Armed Forces, then your seniority will be interrupted only 1 year after your dismissal. But for this, leaving the workplace should be forced: the disbandment of the military unit, the reduction of the authority, the abolition of the post, etc.

It is worth noting that seniority is immediately interrupted if you quit for violation of discipline at work or for absenteeism. This value is broken when an employee of the company divulges a commercial (or other) secret.

Why do you need continuous work experience?

This indicator plays an important role in the calculation of unemployment benefits. If the experience was not interrupted, then after dismissal you can count on payments in the amount of 75% of the former salary.

But this value does not affect the amount of the pension. If you have worked for 8 years or more, then you can safely count on the insurance part of your pension in the amount of 100%.
Sometimes seniority is required when applying for some loans and carrying out legal procedures. It is calculated with an accuracy of one day using accounting programs used by employees of the personnel department of the enterprise. It is problematic to independently find such a period with high accuracy.

What can be included in continuous work experience?

In addition to work, service and community service, continuing service may include:

  • The period of payment of unemployment benefits;
  • Caring for a child up to 1.5 years old;
  • Being in places of deprivation of liberty;
  • Moving due to employment in another part of the country;
  • Period of receipt of disability benefits.

If after such periods you get a job with an official salary, then the experience will definitely not be interrupted. But study cannot be included in such a list. Work experience is only practical training in production.

Recently, some professions have received additional payments for continuous work experience. These include doctors and people working in the North.

But for most categories of citizens, this indicator does not really matter. Therefore, do not worry if your seniority is interrupted. The main thing is the total number of years that you have worked on a formal basis. After all, the last algorithm for calculating pensions is based solely on the length of service, regardless of its integrity.

Similar

After the pension reform took place, changes were made in the permanent seniority. From 2007 to the present day, the calculation of the benefit is made taking into account the insurance experience of employees, and in current legislation this term is not used as often as before. Although some employers in certain areas apply this concept to this day.

Designation of insurance experience

Such seniority means the duration of payment of various contributions or taxes. In other words, this is the time during which premiums were paid for the employee. And in order to calculate benefits, the constancy of seniority does not matter.

These include:

  • labor on the basis of a contract;
  • civil or municipal service;
  • insurance during the period of temporary disability;
  • individual entrepreneurship;
  • advocacy;
  • work on a collective farm or in a production cooperative;
  • paid work of a convict;
  • activity as a clergyman or deputy.

Basic definition of permanent work experience

Continuous work experience is the time during which a citizen performs his work functions or, in other words, works for a single employer. However, the NTS can be retained if the employee quit, but within three weeks got a new job.

Naturally, such work must be formalized without fail. It also includes business activities.

This rule is fully consistent with the law, but there is one small exception to the rule - if the dismissal was under any article, then in this case, the continuity of the length of service will have to be started anew.

General rules of continuous work

So, how many days is continuous legal service? The answer is simple: after the dismissal has occurred, within 21 working days you will need to get a new job.

As mentioned above, according to the Labor Code of the Russian Federation, the length of service when moving to another company can be preserved only in one case, if the duration of the non-working time is no more than one month. However, in order to accurately answer the question of how many days is a continuous work experience under the Labor Code of the Russian Federation, it is necessary to take into account such an important point as the fact that for some people the STC will persist for a 2 or even 3 months break.

Keeping seniority for 2 months is allowed for persons such as:

  • workers from the Far North;
  • employees at Russian enterprises located abroad;
  • for citizens working outside the country with whom Russia has drawn up a legal agreement on the availability of social security.
  • people who fell under the reduction, reorganization or liquidation of the company;
  • persons who were dismissed due to temporary disability;
  • citizens who were fired for health reasons;
  • for elementary school teachers who were fired due to a decrease in the number of students.

In addition, calculating the continuous work experience, and how many days it is, special attention is paid to women in position and mothers who have children under 14 years old or disabled children under 16 years old. In other words, if the contract is terminated with them, then this period remains until the specified age is reached.

There are some more nuances in which there is an opportunity not to work for a certain period of time and are not afraid of maintaining constant experience:

  • when a worker's child or child has HIV and needs care;
  • if the pensioner decided to resume work;
  • when a military man is fired.

There is another point that is not always paid attention to. We are talking about a situation when one of the spouses is transferred to another region for work issues. Of course, in this case, the whole family will move. In this case, the other spouse has to leave his main place of work. In this version, the permanent experience lasts for 90 days.

Why do you need continuous work experience and what is its essence

First of all, payments depend on this, if there is a downtime, payment of weekends and holidays, as well as when there is an incomplete work shift or a week due to lack of work. And, of course, this experience is also necessary for calculating a pension, since its maximum payment every month depends on it. According to this concept, earlier payments on sick leave were carried out depending on its duration.

In order to calculate the amount of the pension, so that the payment is at least a little more than usual, a 10-year period with the highest salary is taken. If work was not interrupted, then the coefficients affecting the size of the pension payment per month will always be above one. In the event of a break in work, the pay will be correspondingly less, and the coefficients will be calculated in a completely different way.

If we talk about the calculations that relate to medicine, then here is also plus the internship time and practiced practice. When the pension is calculated, the basis is not so much the salary and length of service as the category and the presence of an academic degree. Moreover, almost all doctors work either not full-time, or combine several positions at once.

Since the times of the USSR, this concept has had a special meaning. Depending on this indicator, citizens received benefits and high pension payments. At the moment, the insurance premiums, which are paid by employees during the working weeks, are of greater importance. This type of payment is made if the employee works under a contract or work agreement. Also, contributions can be made by persons who carry out entrepreneurial activities without registering a legal entity.

Continuous service differs from insurance experience in the following ways:

  • when the pension is calculated and its payment, the continuity of work does not matter;
  • the time during which a citizen did not work is limited.

In the NTS, in addition to work under the contract, service in the army and in the security organs is also counted, as well as work in the process of study or in case of illegal dismissal and reinstatement in the workplace.

Nowadays, NTS makes it possible to receive preferences. The employer decides whether to provide benefits or not. If such a section is provided in the documentation, then payments, of course, are made. In the form of an incentive, in addition to monetary compensation, for example, additional days for vacation can be given.

How to calculate the permanent work experience according to the work book

The work book can be calculated using a calculator. First, you need to write down all the places where you worked, and then check the duration of the breaks. If all this fits into a monthly period, then the experience should be considered continuous.

This operation can be performed in several ways:

  • calculate the experience using a calculator;
  • use a special service of special programs for accountants;
  • apply the online calculator on the profile portal.

This article discusses all types of seniority, how it is determined, how to properly formalize it, etc. Why is seniority needed and what is the threat of its absence. What documents are proof of seniority. What must be the length of service to be eligible for a labor pension. The definitions of continuous, general and special work experience are given, how they are calculated. And also attention is paid to the interruption of work experience. What is worth taking care of today in order to provide for yourself after the termination of active work.

During his working life, each person is faced with the need to receive benefits for temporary incapacity for work, and over the years - in receiving an old-age pension or length of service. Modern legal relations in the field of social security are based on such a concept as seniority, the absence of which deprives the right to receive social benefits.

Work experience includes the duration of all labor or other socially useful activities and is determined by documents issued from the place of work, as well as service or study, if they are included in the length of service. In Russia, the main document for confirming the length of service is the work book, which contains information about the employee, about the official duties performed by him, as well as about rewards for success in work. In the absence of a work book, various extracts from orders, statements for the issuance of wages, employment contracts, pay books with marks on the payment of wages, as well as testimony can serve as confirmation of work experience.

The concept of seniority is generalized, since there are the following types of it: insurance experience, general and special seniority, and continuous experience. The procedure for calculating seniority is established by current legislation, according to which there are general and separate calculation rules for different types of seniority. The calculation of the length of service is carried out in a calendar order: every 30 days are transferred to months, and every 12 months - to full years. There is, in particular, a list of industries in which work during a full season is counted in the seniority for assigning a pension as for a year of work (peat, logging, fishing, fruit and vegetable industries, forestry, etc.).

INSURANCE EXPERIENCE calculated on the basis of the duration of the periods of activity during which the premiums were paid. These types of activities include any work under employment contracts, military or civil service, work as an individual entrepreneur, etc.

According to today's laws, to obtain the right to an old-age labor pension, 5 years of insurance experience is enough, during which mandatory payments to the Pension Fund were made. If the insurance experience is 8 or more years, temporary disability benefits are paid in the amount of 100% of the average earnings, with an experience of 5-8 years - in the amount of 80% and with less than 5 years of experience - 60% of the average earnings. According to the Federal Law of December 29, 2006 N 255-FZ, which entered into force, the amount of the benefit cannot exceed the minimum monthly wage if the employee's insurance experience is less than 6 months. The monthly childcare allowance is currently 40% of the average earnings for the last 12 calendar months before the date of taking parental leave.

GENERAL WORKING EXPERIENCE includes all periods of labor or socially useful activity, regardless of the interruptions in work under the employment contract. The general length of service also includes: military service; temporary disability that occurred during the period of work; disability of the 1st and 2nd groups due to an occupational disease or injury received at work; caring for a disabled person of the 1st group and caring for a non-working mother for a child under the age of 3, etc. To obtain the right to an old-age pension, the length of service for men is 25 years, for women - 20 years.

SPECIAL WORK EXPERIENCE calculated on the basis of the duration of labor or other socially useful activity in specific conditions. This can be work in hazardous industries, in harsh natural and climatic conditions, in areas exposed to radioactive radiation. On the basis of a special length of service, an old-age pension is established in connection with special working conditions, work in the Far North, as well as a seniority pension. There is also the concept of work experience in a specialty, which includes the period of time during which professional experience was acquired.

CONTINUOUS WORKING EXPERIENCE is determined by the duration of the last uninterrupted work with one or more employers. Prior to the adoption of Federal Law of December 29, 2006 N 255-FZ, continuous work experience was taken into account when determining the amount of temporary disability benefits, which could be 100%, 80% or 60% of an employee's earnings, depending on the length of continuous work experience. However, from January 1, 2007, the amount of temporary disability benefits (calculation of sick leave payments) ceased to depend on continuous length of service and began to be calculated on the basis of insurance experience. The replacement of continuous work experience with insurance experience affected the amount of the benefit granted, since the insurance experience does not include all periods of work, but only those during which the payment of insurance premiums took place.

Continuous work experience differs from insurance and special work experience in two significant points:
· When determining the amount of the pension and the moment of its payment, the continuity of the length of service is not taken into account;
· The periods of time during which the able-bodied employee was not engaged in labor activity are limited.

Continuous work experience is maintained if, when moving from one place of work to another, a break in work does not exceed one month. If there is a dismissal of their own free will without good reason, then in order to maintain continuous work experience, the break in work should not exceed 3 weeks. There are also separate clauses according to which continuous work experience can be maintained if the break in work reaches 2 and 3 months. Upon termination of an employment contract, the length of service is retained for pregnant women and mothers with children under the age of 14 or a disabled child under the age of 16, until the child reaches the specified age.

Regardless of the length of the break in work, continuous work experience is retained upon dismissal of their own free will due to the transfer of one of the spouses to another locality, as well as due to retirement. For employees who quit in connection with retirement due to old age, upon subsequent employment, the duration of the break in seniority is not taken into account for calculating continuous seniority.

When applying for a job after the termination of the employment contract, continuous work experience is not preserved due to the commission of guilty actions, for which, according to the existing legislation, dismissal from work is provided. Such actions are considered to be repeated failure to perform labor duties without good reason and a single gross violation of labor duties by an employee. Managers and chief accountants of organizations and enterprises can be fired for causing financial damage to the organization and for making incorrect or illegal financial decisions.

The continuous length of service, in addition to working under an employment contract as a worker or employee, also includes:
· Service in the army and in the bodies of the State Security Committee, if the interval between the day of the end of service and the day of entering work or study did not exceed 3 months;
· The period of work or industrial practice at paid workplaces during training at a higher or secondary specialized educational institution, regardless of the duration of breaks caused by this study;
· The period of study in colleges and schools of vocational technical education, if the break between the day of graduation and the day of entering work under an employment contract did not exceed 3 months;
· The period of forced absence from illegal dismissal, if the employee is subsequently reinstated at work.

Thus, seniority gives every person guarantees for the payment of benefits for temporary disability and pensions for old age and seniority. Despite the shortcomings of the legislation on pensions, seniority today continues to be the main way to ensure its existence after the termination of active labor activity.