Long time continuous seniority played a crucial role in the appointment of pensions and payment of sick leave. Losing a job 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 look at what this concept means, what role it plays today, and whether continuity of service affects pensions and benefits.
What is continuous experience
In order for the length of service to be considered continuous, it must meet the following conditions:
- the 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. Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252, which are currently not in force. The Constitutional Court of the Russian Federation, in Ruling No. 16-O dated March 2, 2006, indicated that establishing the dependence of temporary disability benefits on the amount of continuous service is considered a violation of the constitutional rights of citizens.
Therefore, from January 1, 2007, with the adoption of Law dated December 29, 2006 N 255-FZ, the amount of the benefit began to depend on insurance period, which consists of periods of work with payment of insurance contributions by the employer and other periods provided for by the Law. The concept of continuity does not apply to the insurance period.
Sick leave pay is determined as a percentage of average earnings in the amount of:
- 60 - if the employee’s insurance period is up to 5 years;
- 80 - with experience from 5 to 8 years;
- 100 - with more than 8 years of experience.
However, Part 2 of Art. 17 of the above Law gives the right to an employee whose continuous work experience accumulated before the entry into force of the new law exceeds the insurance period, to demand the accrual of benefits on the basis of the first. Its value is in this case will be taken as insurance experience.
The current pension amount is general rules also does not depend on the duration of continuous work of the pensioner.
What does continuous work experience affect today?
This concept was not completely excluded from the legislation. In some cases, depending on this value, the following are determined:
- length of service;
- salary supplement;
- official salary, etc.
So, for example, Order of the Federal Customs Service of Russia dated November 13, 2008 N 1412 established a salary bonus for employees of healthcare institutions and health centers managed by this service, which is assigned depending on the duration of their continuous work in these organizations.
The procedure for maintaining continuity of service, as well as which periods do not interrupt the flow of this period, is determined by industry regulations.
Thus, the Law of May 27, 1998 N 76-FZ allows you to count the time military service into continuous work experience as follows:
- one day of service = one day of work, if the citizen performs military service on the basis of a contract;
- one day of service = two days of work, if conscripted.
However, this procedure applies 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 entering an educational institution.
At the same time, for military veterans and citizens whose military service experience is more than 25 years, these periods are counted as continuous service, regardless of how long the above break was.
Continuity of work experience is confirmed by a work book, archival certificates and other documents containing information about labor activity citizen.
First, you need to take a work book and sequentially write down from there all the dates of admission and dismissal from work. This must be done strictly in chronological order (then it will be easier to count). For greater convenience, you can write out data for each organization in a column. You also need to remember that you should subtract the first working day from the date of dismissal and add one more day.
The work record may be lost. And the reason for this is not only negligence. Fire, flood or other troubles may occur. But work experience still needs to be calculated. In such cases, you can resort to using other documents that confirm your work activity:
What does continuous work experience affect?
- dismissal from work at will, if searching for a job and finding employment in a new place will take no more than one month;
- for residents Far North there is a privilege when resigning at their own request; they are given two months to find a job;
- employee reduction with benefits provides the ability to search new job within a period of 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.
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.
Continuous work experience is maintained if
In the modern world, not every citizen can work at one enterprise, so continuous work experience is interrupted. Under various circumstances, employees of organizations often stop working. In this regard, in labor legislation There are several factors that influence continuity of service:
Work experience is the period of time during which a citizen works or carries out various types of activities. This concept applies to cases of official employment or business activities. This indicator is directly related to the calculation of pensions, is required to receive various compensations and guarantees provided by the Government, and is calculated in the manner established by law. The work book is a document confirming the existence of work experience.
What length of service is considered continuous?
- 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).
- systematically failed to fulfill his job responsibilities without serious reasons and received disciplinary sanctions;
- the citizen violated his labor duties once(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 that caused serious consequences or a real threat of their occurrence.
Calculation of continuous work experience (nuances)
When determining the duration of continuous work experience, most employers continue to apply the rules that are no longer valid, but do not require additional development and are quite understandable, approved by Resolution of the USSR Council of Ministers of April 13, 1973 No. 252.
Thus, continuous work experience has lost its only important purpose, although the Law of the Russian Federation of December 29, 2006 No. 255-FZ contains a clause that if the length of service calculated for the period before 2007 according to the new rules turns out to be less than continuous for the same period, then the insurance period for the purposes of calculating sick leave is considered equal to continuous (Clause 2, Article 17).
What is included in continuous work experience 2020
- persons dismissed due to staff reduction, liquidation or reorganization of the enterprise;
- upon dismissal from a previous position due to disability or inability to perform job duties due to deteriorating health; if the employee is not suitable for the position due to health reasons.
Let's start with a definition. Continuous work experience is the duration of work without breaks, which follows from the term itself. Previously, the period of activity of an employee without interruptions in one organization, or with intervals not exceeding in general cases one month, when transferring to the service of another employer, was also called length of service.
How long is continuous experience considered in Ukraine?
When entering work during a period of disability after dismissal due to disability or for other reasons, with the exception of those in which the length of service is interrupted, continuous work experience is maintained regardless of the duration of the break. In this case, it does not matter what disability group (1st, 2nd or 3rd) was established before dismissal and what group it was when entering work (breaks in work caused by disability are not included in the length of service). For example, an employee who worked for eight years at the plant, after a long illness, was assigned disability group 2 in January 1995, as a result of which he was declared incapable of work and dismissed from work. Two years later, MSEC established disability group 3 and gave him work recommendation. In April 1997 (being disabled), the employee went to work and fell ill in June. Despite the fact that the break in work after dismissal due to disability was more than two years, the continuous work experience available before dismissal was preserved
The three-month period is calculated from the date of restoration of working capacity. This is considered the day on which disability was established, and it is indicated in the certificate of the medical and social expert commission (MSEC). On the day appointed by the commission, the disabled person must appear for re-examination. If he evades passing the MSEC, the three-month period is counted from the day when the period of disability indicated in the commission’s certificate expired, even if there was no decision to remove the disability.
How to calculate continuous service
Dear Colleagues! Tell me, how do you calculate continuous work experience? Particularly interesting are cases when a person (due to work) has many jobs and has several breaks of more than 3 weeks (months)? I read several articles on this topic - it was written so vaguely (even taking into account the very definition of this concept) that the question remained relevant.
Thank you very much for your answer! A small clarification regarding general experience: I understand correctly that total experience is it counted from the first day of work until the present moment, without deductions for the time when the person did not actually work? And insurance - only periods when premiums were paid for a person? I would like to figure it out completely so as not to make mistakes..
What is considered continuous teaching experience?
2. Teaching staff of educational institutions in accordance with paragraph 5 of Article 55 of the Law Russian Federation“On Education”* have the right to a long leave of up to one year (hereinafter referred to as long leave) at least every 10 years of continuous teaching work.
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* Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Art. 1797; Collection of Legislation of the Russian Federation, 1996, No. 3, Art. 150; 1997, N 47, art. 5341; 2000, N 30, art. 3120.
6. The length of continuous teaching work is not interrupted in the following cases:
when an employee transfers in the prescribed manner from one educational institution to another, if the break in work does not exceed one month;
when entering a teaching job after dismissal from teaching upon expiration of the employment agreement (contract) of persons working in the Far North and equivalent areas, if the break in work did not exceed two months;
when entering a teaching job after dismissal from educational authorities due to the reorganization or liquidation of these bodies, staff reduction, if the break in work did not exceed three months, provided that work in educational authorities was preceded by teaching work;
when entering a teaching job after dismissal from military service or equivalent service, if the service was immediately preceded by teaching work, and the interval between the day of dismissal from military service or equivalent service and entry to work did not exceed three months;
when entering a teaching job after dismissal due to the liquidation of an educational institution, reduction in the staff of teaching staff or its number, if the break in work did not exceed three months;
upon entering a teaching job after dismissal from teaching at one's own request due to the transfer of the husband (wife) to work in another area, regardless of the break in work;
when entering a teaching job after graduating from a higher or secondary pedagogical educational institution, if studying at the educational institution was immediately preceded by teaching work, and the break between the day of graduation from the educational institution and the day of entry to work did not exceed three months;
when entering a teaching job after being released from work in the specialty in Russian educational institutions abroad, if the break in work did not exceed two months;
when entering a teaching job after dismissal from teaching due to disability, if the break in work did not exceed three months (the three-month period in these cases is calculated from the date of restoration of working capacity);
when entering a teaching job after dismissal from teaching due to a discovered inconsistency of the employee with the position held or the work performed due to health reasons (according to a medical report) that prevent the continuation of this work, if the break in work did not exceed three months;
upon entering a teaching position after dismissal of one's own free will due to retirement.
When moving from one teaching job to another due to a change in place of residence, the break in work is extended by the time necessary for the move.
The procedure for calculating continuous service
¨ when entering work in the Russian Federation of citizens who have moved from countries with which the Russian Federation has concluded agreements or treaties on social security, after being released from work in institutions, organizations and enterprises of these countries. The two-month period in this case is calculated from the date of arrival in the Russian Federation.
¨ when entering work after the end of temporary disability, which, in accordance with current legislation, entailed dismissal from the previous job, as well as when entering work after dismissal from work due to disability or after dismissal of disabled people for other reasons (except for cases in which, in accordance with with Rules No. 252, continuous experience is not maintained), for which no more preferential terms maintaining continuous work experience. The three-month period in these cases is calculated from the date of restoration of working capacity. The day of restoration of working capacity is considered to be the day the medical advisory commission (MCC) issued an opinion on this, respectively, or the day on which disability was established;
05 Aug 2018 229Today, continuous work experience is not an important indicator affecting pensions, sick leave and other payments. However, it is necessary if, for example, the employer provides any benefits for an employee working in one place for a long time. In the article we will look at how to calculate continuous work experience and what this indicator can affect.
Continuous work experience according to the Labor Code of the Russian Federation
In order to understand why continuous experience is considered, you can refer to the local regulations of individual organizations. This indicator is required when calculating special allowances, benefits, and additional leaves. For example, for workers who work in the Far North. When calculating the continuous length of service of medical workers, it includes not only the period of work, but also internship and residency training.
Important! Some companies provide certain benefits for employees who work continuously for a long time. Such preferences should be provided for in a collective agreement and encourage workers to work in the same company.
How to calculate continuous work experience
To calculate continuous length of service, you need to refer to the work book and write down periods of work from it. It should be borne in mind that if an employee changed jobs, then the dates of job changes may not be strictly one after another. Continuity of work experience will be maintained only if the break in work does not exceed:
- 1 month – upon dismissal of one’s own free will;
- 2 months – for workers in the Far North and outside the Russian Federation;
- 3 months – upon dismissal due to reduction or liquidation.
In addition, continuous work experience is also possible in the following cases:
- upon dismissal to care for a child with HIV, and the specialist signs an agreement according to which he must return to work when the child reaches 18 years of age;
- if the employee returned to work after retirement;
- upon dismissal of a military personnel.
Thus, if breaks in work due to labor do not exceed the specified periods, then the length of service will be considered continuous. Otherwise, the period of service will be interrupted.
Important! Sometimes an employee can return to his previous place of work after dismissal. But at the same time, his service may be interrupted, although this will depend on what exactly is prescribed in internal regulatory documents.
Continuous work experience when calculating pension
Currently, there is no connection between continuous length of service and pension payment. The size of the pension today is determined based on insurance contributions, wages, additional contributions and insurance coverage.
In contrast to continuous insurance experience, it represents all the working time of a person for which the employer paid insurance premiums for her. All amounts contributed by the employer go to the employee’s individual account, and upon reaching retirement age already affect the size of the pension.
Important! Until 2002, a person's length of service influenced their future old-age pension. But after the reform, continuous service does not affect retirement in any way.
In what cases is continuous work experience maintained?
As noted above, continuous work experience is maintained if the break in work is no more than 1-3 months. If a person quits on his own, a break in work is allowed for no more than 1 month. A break of 2 months is allowed for residents of friendly countries with which the Russian Federation has entered into an agreement, for workers in the Far North, as well as for persons working abroad.
If the dismissal occurs due to the liquidation of the company or reduction in the number of employees, or due to dismissal for health reasons, then the break in work can be extended to 3 months.
Women who are raising disabled children under the age of 16, who have children under 14 (including those taken into custody and adopted), as well as pregnant women, have the right to claim continuity of work experience. The work experience will also not be interrupted for a woman who is forced to quit due to her husband’s transfer to another locality.
Continuous experience for seniority
Length of service also represents continuous time worked, which is determined by the number of years worked. When this indicator is reached, a person becomes entitled to receive benefits and allowances.
This type of pension is awarded to workers in the Far North, military personnel, teachers and other categories of workers. The right to an old-age pension does not cancel the right to a long-service pension. Even if a long-service pension has already been assigned, but the person continues to work, continuous work experience will also be considered.
How to calculate continuous work experience: example
A work book is a document that contains information about the periods of a person’s work, indicating exact dates hiring and firing. This is what you will need to calculate your length of service. Such a document is personal and is created separately for each employee. The book is kept in the personnel department. It contains the employee’s personal information: full name, date of birth, education and specialty.
Important! We convert the 30 days obtained in the calculation into months, and 12 months into years.
Example 1
The following algorithm will be used for calculation:
- The day of dismissal is considered a working day, so we calculate it this way: day of dismissal – day of hiring + 1: 23 – 10 + 1 = 14 days
- Next we calculate the number of months: 3 – 9 = – 6. Since the result is negative, it is necessary to take 1 unit from the number of years (12 months), that is: 12 – 3 – 9 = 0 years
- Now let’s calculate the number of years: 2013 – 1998 – 1 (12 months taken earlier) = 14 years.
Thus, Ivanov’s work experience is 14 years and 14 days.
Example 2
Petrova worked at two enterprises:
- date of admission April 12, 1996 – date of dismissal June 14, 2008
- date of admission July 17, 2008 – date of dismissal September 25, 2015
We make the calculation as follows:
- First let's calculate the days: 14 – 12 + 1 = 3 days and 25 – 17 + 1 = 9 days
- Now let's calculate the months: 6 – 4 = 2 and 9 – 7 = 2
- Now let’s calculate the years: 2008 – 1996 = 12 years and 2015 – 2008 = 7 years.
Thus, at the first place of work, the length of service will be 12 years, 2 months and 3 days, and at the second, 7 years, 2 months and 9 days. And the total figure will be 19 years 4 months and 11 days.
When starting a job, citizens draw up an employment contract. This document has great importance. It allows you to ensure that the rights and interests of the employee are respected.
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The period of labor activity of a worker is formed into length of service, which is taken into account according to the rules established in labor legislation.
Many Russians associate this concept with the term “continuous work experience” (NTS). This term was actively used in Soviet times.
But since 2007 its significance has been lost. Before legalization, payment for sick leave was made depending on the length of continuous work experience.
Currently, the calculation of this benefit is carried out taking into account the worker’s insurance record.
In modern legislation, the concept of “continuous work experience” is used, but not so actively.
For example, the NTS gives medical employees the right to receive an allowance for continuous work in healthcare institutions.
This provision was approved by order of the Ministry of Health of the Russian Federation. Workers in the Far North may receive special benefits and other preferences depending on their continuous work experience.
General aspects
A worker’s continuous work experience is the period during which he performed labor functions for one employer.
This period is not interrupted if he was in the status of unemployed for a number of days that does not exceed the duration provided for by regulatory legal acts.
Surely many remember that in Soviet times this concept was used in connection with the opportunity to receive an increased salary.
After implementation pension reform in the Russian Federation, the role of continuous work experience has been changed. However, even today this concept is used by employers in some industries.
The NTS will remain in the case when, after dismissal, the employee gets a new job for a certain period - from 1 to 3 months.
The specific period will be determined by the reasons for dismissal, characteristics of the place of work, etc. In some cases given period and is not measured at all in any numbers.
What it is
We have considered the concept of “continuous work experience”. There is no legal definition in modern legislation.
The latter plays an important role in determining the amount of temporary disability benefits, as well as pensions. Continuous work experience may be mentioned in local documents of the enterprise.
For example, some organizations reward employees who work for them for a certain period. Such payments are a means of motivating workers.
For these purposes, continuous service is considered as a period of work within the same company. When moving to another company, it is interrupted.
Why is it needed?
During the Soviet era, NTS played an important role. Depending on this indicator, citizens could qualify for special benefits and increased pensions.
In addition, sick leave payments depended on the NTS. In 2002, there was a transition to an updated pension system.
In this regard, the calculation process was transformed pension provision. At the moment, what matters is the amount of insurance premiums that were paid for the employee at the time of his employment.
These payments are made if the worker fulfills duties under a service contract.
Also, contributions are paid by persons who carry out entrepreneurial activities without registering a legal entity.
Currently, the NTS gives the right to receive preferences. The issue of providing benefits is considered by the employer.
It also persists in the following situations:
What does it affect?
NTS was recognized as the most important indicator when calculating the size of pensions and various preferences. To replace it, the concept of “insurance period” was developed.
At the legislative level, the abolition of such a term as NTS means the elimination of an important clause that limited the rights of workers.
Free labor is one of the foundations enshrined in. Continuous work experience indirectly violated the inviolability of this norm.
A person could not freely leave his place of work, but not because of a prohibition by law, but for material reasons.
Changing jobs meant a serious reduction in sick leave benefits (until the required period was reached again). In addition, this indicator also influenced the size of the pension.
Nowadays, insurance experience is used for these purposes. Its difference is that this period is summed up for the entire period of making insurance contributions.
Thus, the insurance period includes the entire period of the employee’s work activity. He can freely quit and find a job at any time (without time limits).
The fact that you work in the same organization does not matter. The transition from NTS to insurance experience is a step towards the development of modern systems for assessing the merits of workers.
How is it calculated according to the work book?
How is it calculated? The calculation of the NTS is made on the basis of a number of documents, including:
- employment history;
- military ID;
- contract of employment;
- certificates from the place of work;
- certificates from the archive.
In some situations, only one work book will be enough. The calculation takes into account the period of activity at the main job and for.
Part-time work, which was approved for women with young children, also counts towards the NTS.
Changes in legislation in 2007 entailed the need for a partial calculation.
Until this year, the calculation was made by summing the insurance period and NTS. If it turns out that the continuous work experience is longer, then the rules that were in force previously apply.
Does it matter for pension calculation?
Currently, NTS does not matter for calculating pensions. Today its size is determined as follows:
The amounts paid are accumulated in an individual account. The amount of contributions will depend on the year of birth of the future pensioner.
Employers make payments only for those employees who perform their functions on the basis of an employment agreement.
The insurance period is the total duration of work activity during which insurance premiums are paid to the insured person.
It is this indicator that influences the amount of the future pension.
The amount of this payment can be increased if the future pensioner makes additional contributions to the funded part.
So, today the size of the pension is determined by the following indicators:
NTS currently does not play any role in the formation of pension payments.
The exception is when employers themselves offer any preferences to their workers depending on the length of their work in a given company.
To calculate sick leave
We have already mentioned that the amount of sick leave benefits was also determined by the NTS. Now the situation has changed.
The amount of the benefit is influenced by the length of the insurance period - the longer it is, the higher the amount of the benefit.
Soviet rules, which established a dependence between the NTS and the amount of payment for temporary disability, provided for the following calculation procedure:
This system was unfair, if only because any worker could get sick, regardless of length of service.
Video: work experience to receive a pension in Russia
And at the same time he also needed social protection and decent compensation. New system provides for the approval of a percentage depending on the insurance period.
So, the longer the insurance period, the higher the amount of sick leave benefits will be:
If an employee has less than 6 months of insurance experience, then the amount of his benefit will be no more than 1 minimum wage per calendar month.
You can prove the duration of payment of insurance premiums using the following documents:
The introduction of NTS into Soviet legislation is quite understandable. In this way, the legislator wanted to prevent staff turnover and create stable work teams.
Times have changed and now this indicator is considered as limiting the right to free work.
The legislation provides for more modern methods to assess the performance of an employee, including the concept of “insurance period”.
NTS exists in local documents and is used as one of the methods of motivating staff.
Employers can offer certain preferences to those employees who work in their company for a long time.
