How long the experience is interrupted after dismissal, what this means and whether it matters, we will tell in the article. Download samples of documents required to confirm the period worked.

From the article you will learn:

What does termination of service mean?

The concept of discontinuity and, in general, the term "work experience" are a thing of the past. Now, for the appointment of a pension, the periods of payment of insurance premiums are summed up.

However, earlier it was unprofitable for employees to have breaks between dismissal and new employment: if the period of unemployment exceeded 21 days (one month with a reduction at the initiative of the employer or for a good reason), this negatively affected benefits for a temporary disability certificate and the amount pension payments.

Since 2007, the total insurance experience has become the basis for payments. But there are exceptions. In some cases, it is important to consider the continuity of work.

For example, this applies to situations where a career began before 2007. Or civil servants are entitled to seniority bonuses. For him, a break in work will mean a “zeroing” of the calculation period and a decrease in income. For medical workers special work experience in the profession is also important. Thus, there are preferences for continuous service only in some cases.

How long can you not work after dismissal so that the experience is not interrupted

We will give time intervals that do not create a break in the worker's experience.

Three weeks - if the employee leaves of his own free will.

Four weeks - if the dismissal had a good reason, including the initiative of the employer.

Two months - for those who worked in the Far North and areas equated to it, who came from a business trip abroad, refugees from some countries (with whom the Russian Federation entered into a social security agreement).

Three months - if the employer reduced staff or headcount, reorganized or liquidated the company. The same period is given to those who could not continue to work due to illness. Teachers also have three months primary school, if graduates moved to the middle link, but for some reason they did not recruit new first-graders.

Without taking into account the duration - for pregnant women (at the time of termination of the employment contract), pensioners, spouses of wives and husbands transferred to another locality, single parents and those who are raising children with disabilities. In the latter situations, the term will be interrupted when the child turns 14 or 18 years old.

At the same time, there are situations when the length of service is interrupted, even if a new job is found promptly. This happens through the fault of the employee himself: he allowed absenteeism, came to the workplace drunk, evaded the performance of official duties, etc.

How does continuous work experience after retirement affect

According to laws No. 255-FZ, 173-FZ, No. 400-FZ, the insurance period is the basis for calculating and accruing pensions. It includes all periods of work while contributions to the FIU were paid, regardless of the intervals between employment.

There are some continuity-related allowances, but they mostly apply to those who were born before 1963 or who earned their pension before 2002.

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

Is there a continuous period of service between the completion of the old job and the admission to a new one?

Insurance

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

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

Labor

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

If an employee finds a new job within a month, or, in the presence of special conditions, in accordance with the period specified in the legislation, then the accrual is not interrupted. Otherwise, upon interruption, the length of service will be considered by summing up the working days at the previous job and at the new one.

To count continuous seniority 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 considered for a month, and 12 months for a year) between these dates, provided that there are no violations that affect discontinuity.

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

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

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

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

There are also circumstances that allow an employee to be unemployed for an indefinite amount of time:

• The presence of length of service for military personnel (25 years).
• Bankruptcy of the company or reduction due to unforeseen circumstances.
• Dismissal in settlements with a high rate of unemployment.
• Transfer to another city of military personnel.
• Wrongful dismissal due to medical staff errors.
• Performing public works.
• Being in prison.

Knowing how long the experience is interrupted after dismissal is important for those citizens who, on the basis of its continuity, have issued appropriate benefits, allowances and compensations.

The issue of continuity of service does not affect pensions. But do not miss the fact that a potential employer may be interested in the reasons for the long absence of work, especially important role this fact can play out when applying for a managerial or highly paid position.

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Experience is the length of time, days, weeks and years that a person has devoted to work. An employment contract, an entry in the Book, all the necessary formalities must be strictly observed, because only this indicates that for a person they should and transferred every penny of insurance premiums to Pension Fund Russian Federation, she "dripped" to the personal account of the future recipient.

So a certain amount was accumulated, which at the “age of survival”, and simply put, pension, or after an illness, an injury from which it is impossible to fully recover, a monthly security is paid

The total duration of both labor and socially useful activities, which is called seniority, has the most direct impact on the amount of temporary disability benefits and pensions.

What happens?

General

The total length of service includes periods when a person worked, was insured in the Pension Fund of the Russian Federation, served, was an individual entrepreneur. Federal Law "On Pensions in the Russian Federation" in Art. 30 emphasizes this type of seniority: it determines the rights to a pension secured by the recipient. Days or years of labor, work for society are calculated literally according to the calendar. In addition, the total experience of some individual representatives includes the time of creativity.

Separate periods are recognized and considered in the total length of service:

• years of creativity for writers, artists, musicians, those who worked for trade unions that unite people of unusual professions;
• soldiers and officers, when the time of service in the army is considered;
• periods of illness when a person could not work for health reasons and doctors confirm this with their documents with signatures and seals;
• the period when a person was recognized as a disabled person of I or II groups;
• the time the person received benefits as unemployed.

Insurance

The length of service is a relatively new concept, it is it that gives the right to a labor pension. In Article 2 of the Federal Law "On labor pensions" this length of service is defined as the periods during which insurance premiums were paid to the Pension Fund. They can be paid by the employer, but, in accordance with Article 29 of the Federal Law "On Compulsory Pension Insurance", a person can make contributions independently.

Special

Special seniority is a period during which, for certain reasons, no payments were made to the Pension Fund. Otherwise, such length of service is called length of service, which is important for military personnel, employees of the Ministry of Internal Affairs, employees of the prosecutor's office and citizens equated to these categories.

Continuous

For people born in the USSR, such concepts as continuous and interrupted work experience were extremely important.

Continuous work experience - the period during which a person works at one enterprise, or changes his place of work, but not quitting, but transferring to another place, or if the time from dismissal to subsequent employment was no more than 21 days. The continuous length of service is calculated according to the Rules for calculating such length of service(TC article 423).

Why is it important?

Until 01.01. In 2007, almost all payments to mothers, sick, disabled people, people who lost their jobs depended on such length of service. Worked less than 5 years - do not count on the amount of benefits more than half of the monthly salary. Interrupted the experience for a disrespectful reason - the same thing. Only 8 years of work in one place or changing jobs not by dismissal, but by transferring to another place, it was possible to secure a guaranteed 100% salary, if you fell ill, cannot work, you take care of a small child.

Today, the continuity of experience has lost its former meaning, the concept itself is gradually becoming a thing of the past. Now the question of how long you can not work so that the experience is not interrupted is no longer too relevant. Only in some organizations, where this is stipulated in the Charter, the duration of vacation, the amount of severance pay, bonuses, and other payments depend on the continuous period of work.

Why is it needed?

The duration of employment allows you to correctly and accurately determine the amount of the future pension, which depends on the amount on the personal account of the person insured with the Pension Fund.

All citizens receive a social pension upon reaching a certain age. For men today it is 60 years, for women - 55.

But this is also the age of those who have the right to count on insurance payments, a very substantial supplement to social pension which depends on experience. The minimum length of service for a pension must be at least 7 years by this age. In the near future, this period is planned to be increased to 15 years.

But seniority affects a number of other payments. For example, its value affects payments for temporary disability, benefits. The larger it is, the higher the payout.

Hours of work and leaving work

In a number of organizations, continuous experience in accordance with the Charter plays an important role. Will it be interrupted upon dismissal, what affects this, after how many days will this happen?

Retirement break

• a person is dismissed by the employer for gross violations, absenteeism, rudeness, for not coping with duties and disrupting the work schedule of everyone;
• stole something or caused serious damage to the company;
• if a month after the dismissal, the person did not find another job;
• resigned of his own free will, did not find a job within 21 days;
• upon dismissal to get a job at an enterprise located in another area, a break in activity lasted more than 1 month, or a job was not found when moving due to the transfer of the spouse (s) to work in another city, region, etc.

1. a person quit of his own free will for good reasons, as well as due to the liquidation of an enterprise or a reduction in staff;
2. the break is caused by moving to a new place of work or service;
3. upon dismissal, suspension from work illegally, in connection with an erroneous medical conclusion, if then the person was reinstated at work;
4. the experience was interrupted due to the accusation of a crime, stay in places of detention, if the employee was subsequently acquitted and reinstated.

Often, lawyers advise to increase the number of days when you can not work, but the experience will remain continuous, not just quit, but take a vacation with subsequent dismissal.

How many days are considered continuous when calculating at will

So, after what time can the length of service be interrupted between dismissal and employment in a new place, what period is considered continuous? With such a dismissal, when a person himself applies for no reason, find new job need for 21 days, on the 22nd day the continuity comes to an end. But the period can be extended in this case.

For example, a woman quits because her husband is transferred to work or serve in another locality, this is especially true for the wives of military personnel and law enforcement officers.

In Soviet times, it was very important to know how long the seniority is interrupted. After all, then a lot depended on continuous service, and no matter how many years in a row you worked in production, if the experience was interrupted even for a day, then you had to start saving your 8 years to receive 100% of the payments.

Therefore, for such cases, when one of the spouses protects the law and order, they provided for “relaxations”, when the experience was not interrupted, by increasing the period of employment by another 1 week, that is, up to 30 days. You could look for a job for the same amount if you had to change it because of your health.

With a reduction in staff or if the enterprise was liquidated, the period became even longer - 3 months.

For mothers of children under the age of 14, the length of service during dismissal for reduction and child care is maintained for years until the son or daughter reaches the specified age, for mothers of patients, with disabilities, children - until the child reaches the age of majority.

Conclusion

The amount of work experience is very important for those who expect to receive not only social, but also insurance pensions.

Considering how quickly the Pension Legislation, it is important not only to follow innovations, but also to remember that even such a concept as continuous experience can affect various preferences in certain institutions, where the Charter provides for benefits and incentives for employees who remain loyal to the company. So knowing how long it is interrupted can sometimes be useful.

Many employees want to maintain an uninterrupted length of service after dismissal of their own free will. But not everyone can do this, as it often takes a lot of time to search for new vacancies. What is the importance of continuous experience and is it worth keeping?

What is it

There are several types of experience:

1. Insurance. It is necessary for calculating pension payments.
2. Special. On its basis, the employee can be paid various allowances.
3. Continuous. The time when the person did not work is taken into account.

Continuous experience is a certain number of periods during which the employee carried out his labor activity without long breaks. If a person was not working for a serious reason, this time may be included in the continuous service. These reasons are considered:

• service of a person under a contract;
• performance of the duties of a deputy;
• implementation of certain activities in the trade union;
• work on a collective farm;
• maternity leave;
• parental leave.

The continuity of service upon dismissal does not affect the calculation or amount of pension payments, as was the case in the USSR. Now, when calculating the pension, only the insurance period is used, therefore, the intervals between the implementation of labor activity are not taken into account. A person may not work for several years, and when calculating pension payments, insurance premiums for the entire period of working capacity will be taken into account. What then is the importance of continuous experience?

The duration of this period primarily affects various incentives from employers. This is a longer vacation, bonuses and increased compensation payments. Such incentive measures in enterprises are established through the creation of appropriate internal normative documents. Therefore, the length of service upon dismissal of one's own free will is so important for most employees.

Interrupt

Those workers who have ever quit their lives are worried about how many days after that the experience will be interrupted. If a subordinate left work on his own initiative and has no serious grounds for this, then he has very little time for a new job.

The legislative acts do not specify the specific conditions for interrupting the length of service. Having quit, not everyone knows how long it is possible not to work so that the work experience is not interrupted. It is believed that the time during which a person can not work and at the same time maintain seniority depends largely on the reason for leaving. The period when the seniority is not interrupted is as follows:

• 3 weeks of uninterrupted service after dismissal of one's own free will;
• 30 days if the person leaves the job for a serious reason;
• 3 months - after the bankruptcy of the company or the reduction in the number of subordinates.

2 months to search for a job is given:

1. Citizens working in the territory Far North.
2. Persons who have resigned from Russian companies located abroad.

When a person quits himself, he is given time to look for a new job. That is why the period of preservation of the working period in this case is so small. This is 3 weeks, that is, 21 days, and the calculation of this period begins on the day after leaving work. And the break ends with the day of official employment, when an entry is made in the Labor Code. If a person has a serious reason for dismissal, then 1 more week is added.

Valid reasons for dismissal at the initiative of the employee are:

• moving to another locality;
• caring for a sick relative (medical documents will be required);
• deterioration in the health of a person, which does not allow him to work in a given company, in a locality, etc.
• relocation of an employee in connection with the performance of socially important work;
• admission to the University;
• non-compliance by the employer with the terms of the employment agreement.

Reference: if during the year a person quit several times for good reasons, the experience may be interrupted. Therefore, it is not recommended to abuse the right constantly.

The length of service may also be interrupted when an employee is transferred to another company. The new employer has only 1 month to register an employee. The trial period is not used. In addition, the new employer does not have the right to refuse a person transferred from another company.

Long terms

Some categories of employees are entitled to a longer period of service. First of all, these are persons in the state or military service:

• 1 year for military personnel;
• 6 months - deputies of the State Duma and employees of the Government.

For length of service for military personnel, it is provided for the preservation of continuous service without time limits. But for this you need to serve at least 25 years. Certain rules have also been established for other categories of citizens. If an employee with young children quits due to the liquidation of the company, then her experience will not be interrupted until the children are 14 years old. When we are talking about a disabled child, it is retained until he or she reaches the age of majority.

• the subordinate was fired due to downsizing;
• upon dismissal of one's own free will, if the person had no problems with the employer;
• the period of retirement from work of a pensioner, taking into account his return to work.

A medical worker can keep his seniority if he was fired due to some unfair accusations. The same rule applies to persons who have been acquitted, released from places of detention and reinstated. In case of dismissal on their own initiative, health workers are subject to general rule retention of experience.

When seniority is interrupted after being fired, many are often worried about the consequences. Most often, problems arise with the definition of length of service. If it was interrupted, then the person will not be able to receive the necessary benefits from another employer until he again accumulates the required number of years. And since such periods usually consist of more than one dozen years, most employees simply lose benefits.

Seniority calculation

For a working person, the length of service is determined using the relevant documents. This:

• employment history;
• payrolls;
• certificate from employers;
• labor agreements, etc.

When it is impossible to determine how many days the subordinate did not carry out labor activity, and whether this period can be taken into account for interruption, you need to contact the FSS or the Ministry of Labor. The archives of enterprises are often used as well.

You can easily calculate the period of work on your own according to the work book. It is enough to correctly use the dates indicated in the document. To do this, use the established rules. It is important to count the days and months of employment for each employer and pay attention to periods of incapacity for work. If such a period exceeds the specified periods, then the experience should be considered interrupted.

Continuous service has not been used for the calculation of pensions or for the provision of benefits for a long time. Therefore, rarely does anyone think about finding a job after being fired in 3 weeks. But in some enterprises, the continuity of work is still valued and encouraged, so the issue of maintaining seniority should be decided individually.

Every working person sooner or later terminates the employment relationship with the employer. Sometimes this happens involuntarily at the initiative of the employer, more often the employee leaves the job of his own free will - for example, if he has found a higher paying job.

The legal aspects of labor relations are far from known to every employee, so often people are not sure whether they will continue to have continuous experience after dismissal of their own free will. Let's look at this issue in more detail.

The concept of voluntary dismissal

First of all, it must be emphasized that leaving work of one's own free will is also possible if the employer himself is the initiator of the termination of the employment relationship. As a rule, modern employers, when announcing a dismissal, offer the employee to write a letter of resignation of his own free will. For the employer, such a technique is an opportunity to avoid conflicts related to the further employment of a former employee.

Usually, employees agree to such a procedure, since this, in fact, allows them to hide the very fact of forced dismissal and get a new job without any problems. Thus, when we talk about leaving on our own, we are talking about the vast majority of cases of transition to a new job. That is why the continuity of experience upon dismissal of one's own free will concerns literally all working people.

Conditions for maintaining continuity of service with voluntary care

By itself, the length of service consists of the time during which a person has an official job (this also includes his own entrepreneurial activity). Its concept is revealed in federal law No. 166-FZ of December 15, 2001 on pension provision. based on the wording in the law, seniority is the total duration of work, which is counted in the insurance experience of a working person and is taken into account when assigning pensions. At the same time, the continuity of experience does not at all imply that a person should work in the same organization.

But in the current labor legislation, the concept of seniority, as such, has disappeared, it has been replaced by a citizen's insurance experience. How it is calculated is stated in the order of the Ministry of Health and Social Development No. 91 of 02/06/2007. And it does not take into account continuity, but rather the payment of insurance premiums while working for one or another employer. This also depends future pension, and the payment of disability benefits and maternity. However, in the law No. 255-FZ of December 29, 2006, Art. 17 there is a clause that if the duration of the insurance period for the period before January 1, 2007 turns out to be less than the continuous length of service that was previously used to calculate benefits, the insurance period can be replaced by continuous work experience.

Therefore, in some cases, the need for continuous work experience remains, primarily to obtain certain benefits. Therefore, it should be remembered that in the general case, the continuity of service upon dismissal of one's own free will is preserved if the employee, moving to work in another organization, allowed a break in work for a period of not more than one calendar month. In some cases, this period can be extended up to 2 months (for employees of the Far North or for former employees of Russian enterprises located abroad). The right to extend the period up to 3 months is given to people who left work for health reasons or in connection with the reorganization / liquidation of the enterprise. Particularly stipulated are the conditions for maintaining continuous experience for pregnant women and mothers with minor children.

In some cases, the continuity of experience is maintained regardless of the break in employment. For example, this applies to employees who resigned of their own free will in connection with the transfer of a spouse to work in another area.

In what cases can now take into account continuous work experience, not counting the calculation of benefits? In particular, this directly applies to rescuers, whose vacation time depends on the length of service, which is spelled out in Law No. 151-FZ of 08/22/1995. Rescuers with more than 15 years of uninterrupted work experience, for example, receive 40 days of leave. with less experience, vacation is also reduced. Directly the presence of continuous work experience concerns medical workers, in particular when taking refresher courses. For example, an experience of less than 10 years requires additional education of more than 500 hours. With a longer experience of a medical worker, the internship time is reduced (Order of the Ministry of Health No. 66n of 08/03/2012). Continuous experience is taken into account when conferring academic titles (Government Decree No. 1139 of 12/10/2013).