Continuous work record is preserved, if .... What are the conditions for maintaining a continuous record of service and how to calculate it?

In the Labor Code of the Russian Federation there are such concepts as general and continuous work experience. Many Russians are inclined to believe that continuous experience is very important. Others do not attach any importance to it. But is it really so? What are the conditions for its preservation? How to calculate this indicator? What does the continuity of the experience affect?

Longevity: Definition

Labor length refers to the period of time in which a citizen works or carries out various activities. This concept refers to cases of official employment or doing business. This indicator is directly related to the calculation of pensions, it is required to receive various compensations and guarantees, which are provided by the Government, and is calculated in accordance with the procedure established by law. The work book is a document confirming the existence of the service.

The length of service is divided into several varieties:

• General, which includes all the years of work of a citizen.
• Special, designed for people holding certain positions.
• Continuous.

The concept of "continuous work experience"

This term is now used comparatively rarely. The fact is that it arose in the Soviet era, when it was necessary to receive a pension, payments on a sick list and in general played a significant role in the life of a citizen specifically continuous experience. The Labor Code defines this concept. Continuous employment is called the duration of work for the same employer.

Why is the length of service interrupted?

In today's world, not every citizen can work in the same enterprise, so continuous work experience is interrupted. At different confluence of circumstances employees of the organizations quite often stop working activity. In this regard, labor legislation identifies several factors that affect the continuity of experience:

• Dismissal (continuous work experience is interrupted when the activity changes, when the period between the termination of the contract and the device for a new job was more than three weeks).
• Absence at work due to illness (cases that do not correspond to the objectives of the Constitution of the Russian Federation and social insurance).
• Unofficial employment (when a citizen starts working in private organizations).

All changes related to the change in the type of activity of citizens must be recorded in a work record. The relatively frequent interruption in the length of service does not have the best effect on the number of pension benefits.

Dismissal at the initiative of the employee

The dismissal, initiated by the employee himself, is one of the most common reasons for the termination of the employment relationship. Hence the question arises: is there continuity of work experience with dismissal?

Continuity of the service can be saved. Moreover, every citizen has this opportunity. However, it is often difficult to use it. According to the LC, continuous work experience is maintained, if after the dismissal on their own initiative (in the absence of other valid reasons for this) until the time of employment at a new enterprise takes no more than three weeks. If there are good reasons why a citizen was forced to resign, this term is extended to thirty days. For example, such reasons may be moving to another locality or retiring the spouse.

In practice, quite often there are cases when citizens first find a new enterprise, and only after that they terminate labor relations with the former employer. In this regard, the experience remains uninterrupted. But dismissal is sometimes a forced measure.

Dismissal under article

Such cases are relatively rare, but they do occur in practice. Is there continuity in this case? The Labor Code says that when you leave because of a specific violation, the continuity of the length of service is lost. Quite a logical exit for employers in situations where employees of organizations violate the labor schedule, is dismissal. Workers in this case can only correct their actions in time, in order to avoid the termination of labor relations under the article.

Liquidation of an enterprise

In the Russian labor legislation, cases of retention of experience are also considered in the situation of liquidation of the organization. Very rarely there are cases when liquidation is connected with bankruptcy. Citizens can expect to maintain a continuous record of service. However, the law provides for certain conditions and limitations.

Usually, citizens are given 3 months to find a new employer. Continuous work record is retained if a staff member has found a new job during this period. Otherwise, the length of service is interrupted, and this period can not be extended.

Motherhood

Continuous work experience is maintained if a woman goes on leave to care for the child. But is continuity preserved if the future mother goes on maternity leave? On this account, there are two completely opposite opinions.

The Russian labor legislation does not contain information regarding maternity leave and continuous work. In fact, the record is retained, as the woman remains employed, the nature of the work is changing. In maternity leave, the woman only deals with family matters, but not with the performance of labor duties. However, lawyers tend to believe that the experience in this situation is not interrupted.

Health

If a citizen can not perform certain types of work due to his state of health, is there continuity of work experience? TC RF on this account contains an article that takes into account the special state of health of a citizen. If an employee suffers from serious illnesses that simply do not allow him to perform certain activities, you can count on maintaining a continuous record of service. How?

At the dismissal from the previous place of work, a term of three months is given for the search for a new employer. Also during this period the citizen has the full right to return to the former employer. At the same time the experience is saved. However, in practice, such cases are extremely rare, since the return to the performance of previous work duties will take even more time from the employee (for health reasons). In most cases, workers completely refuse employment.

Other Important Features

Russians who live and work in the Far North or in similar natural conditions, have some privileges while taking into account the length of service. This applies to foreign citizens who work under contract in severe climatic conditions if an agreement on social support has been concluded with their country. These categories of workers have the full right to maintain a continuous work record, as in the situations mentioned above. The maximum time allotted for the search for a new job is two months. This period is relatively small, but, as practice shows, in many cases it is quite sufficient.

Continuous work record is retained if the citizen is a serviceman. So, for example, if a citizen served for 25 years, and then retired, he can get a new job with retention of experience. The state grants this privilege in full.

Labor law also takes into account family circumstances. If a citizen cares for an HIV-infected minor child, and for this reason is forced to leave the workplace, the continuity of the service is also preserved. When the child reaches the age of majority, the citizen is obliged to start working again.

Another case in which a citizen can count on the continuity of his experience is the change of his place of work with the preservation of the type of activity and profession.

How is continuous work experience considered?

Counting independently uninterrupted work experience is not easy, but you can do it. How to calculate continuous work experience?

The dates of conclusion and termination of employment contracts should be taken from the work book. There are various programs that can calculate the length of service in an automated mode. Also for help you can apply to the accounting department of the enterprise. Counting starts from the very first record. Thus, you can calculate the total length of service, which includes all jobs and positions held. The continuity is affected by the above cases. Even one such violation breaks down the length of service. As a result of the calculation, a number will be obtained in the form of the number of years and calendar months.

The work record never contains data on continuous work experience. The fact is that this term does not actually exist in the Labor Code. Therefore, no one now distinguishes between continuous and general work experience.

Why is it needed?

So, we figured out how to count the continuous work experience. In the end, the question arises: "And what does it matter now, because this term was relevant in the Soviet era?" As practice shows, this factor has almost no value.

For Russians, the total length of service is much more important, since it affects the size of the future pension. The main thing is that employment is necessarily official. The total work experience is also accrued to the citizens conducting business activity.

Continuous experience is a kind of remnant of the past. But sometimes employers pay attention to it. A potential employer, after a detailed examination of your work record book, may ask why you left the previous organization. However, this factor affects the amount of the disability benefit.

Some Russians are inclined to believe that in the near future, continuous experience will again be of great importance and will affect the size of the pension, will give an opportunity to receive various subsidies and social benefits. In fact, this is far from the case, since this information is not officially confirmed.

When the record is saved: results

So, we sorted out how to count the continuous work experience. As already mentioned above, the amount of the allowance paid in connection with the incapacity for work of a citizen depends directly on the continuity of the length of service. At the employee's request, continuity can be maintained in the following cases:

• Employee on a personal initiative after reaching retirement age re-employment.
• An unemployable citizen is paid unemployment benefits (in order to prevent the interruption of employment, it is necessary to stand in line with the employment service).
• Since the termination of the employment relationship with the former employer, no more than three weeks have passed (it is best to find a new organization in advance).

Within two months after termination of the contract at the previous place of work, the experience can be saved in situations where:

• The employee re-employment on his own initiative (dismissal was a forced measure, for example, when moving).
• The citizen reached the retirement age and is re-employed.
• A citizen resigned from an organization located abroad or in the territory of the Far North.

Within three months after discharge, the length of service can be saved in the following situations:

• Labor relations with the employee were terminated due to staff reduction or liquidation of the organization.
• The reason for dismissal is inconsistency of the position held or the labor obligations that are being fulfilled.

Often, employers refuse to maintain continuity of service. In this case, the employee has the right to challenge this decision in court.

The legislative framework

From the mid-1970s until 2006, a law was passed in the Soviet Union and later in Russia, according to which the length of service was calculated. According to this law, the continuity of the service was maintained if the employee again found a job for a month in a new job. In 2007, the law was changed, and the term was reduced to three weeks. Also in 2007, the size of the temporary unemployment benefit also changed. Now the allowance is:

• 100% of earnings, if the experience is more than eight years;
• 80% of earnings, if the experience is from five to eight years;
• 60% of earnings, if the experience is less than five years.

So, we found out why we need continuous work experience. For retirement, the total length of service is important. From this indicator depends on the size of compensation payments for unemployment and in connection with the loss of ability to work. It is relatively difficult to calculate, but it is possible, because for this there are automated programs. The preservation of this type of experience is not so important, as practice shows. In the modern Russian labor legislation, the importance of this factor is minimized. He had much more significance during the years of Soviet power. In addition, the pension system has undergone various changes recently. The amount of pensions will be affected by the so-called accrued points. According to analysts' forecasts, the continuity of the service is not likely to be important in the future.