Continuous work record is maintained, 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 a general and continuous work experience. Many Russians are inclined to think that continuous work 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

The term of employment is the period of time in whichwhich the citizen works or carries out all sorts of activities. This concept refers to cases of official employment or doing business. This indicator has a direct bearing on the calculation of pensions, is required to obtain various compensations and guarantees that 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 persons 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 citizencan work in one 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 gender changeactivities of citizens must be recorded in a work record. The relatively frequent interruption of experience does not have the best effect on the number of retirement benefits.

Dismissal at the initiative of the employee

The dismissal, initiated by himselfemployee, is one of the most common causes of termination of employment. Hence the question arises: is the continuation of the length of service during retirement?

Continuity of work can be saved. Moreover, every citizen has this opportunity. However, it is often difficult to use it. According to the TC, a continuous work record is maintained if, after being dismissed on their own initiative (in the absence of other valid reasons for this), no more than three weeks pass before entering the work for a new enterprise. If there are valid 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,when citizens first find a new enterprise, and only after that they terminate the employment relationship 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 when employees of organizations violate the labor schedule, is dismissal. Employees in this case can only adjust their actions in a timely manner in order to avoid the termination of labor relations under the article.

Liquidation of an enterprise

In the Russian labor legislationcases 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, to find a new employer for citizensgiven 3 months. 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 record is retained ifa woman goes on leave to care for a child. But is continuity preserved if the future mother goes on maternity leave? On this account, there are two completely opposite opinions.

In the Russian labor legislationcontains information related to maternity leave and continuous work experience. In fact, the record is retained, as the woman remains employed, the nature of the work is changing. In maternity leave, a woman only deals with family matters, but not with performance of labor duties. However, lawyers are inclined to believe that the experience in this situation is not interrupted.

Health

If a citizen for health reasons can notto perform certain types of work, 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 keeping a continuous record. How?

When you leave the previous place of work for a searchA new employer is given a period of three months. Also during this period the citizen has the full right to return to the former employer. Thus 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 EastNorth or in similar natural conditions, have some privileges in accounting for work experience. 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 ifa citizen is a serviceman. So, for example, if a citizen has 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 legislation also takes into account andfamily 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 a change of job with the preservation of the kind of activity and profession.

How is continuous work experience considered?

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

Dates of conclusion and termination of employment contractsshould be taken from the work book. There are various programs that are able to automatically calculate the length of service. Also, for help, you can turn to the company's accounting department. Counting starts from the very first record. Thus, you can calculate the total length of service, which includes all jobs and positions. The continuity is affected by the above cases. Even one such violation interrupts 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 oncontinuous work experience. The fact is that this term does not actually exist in the Labor Code. Therefore now nobody divides the continuous and the general labor experience.

Why is it needed?

So, we figured out how to count the continuousseniority. 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 commonthe length of service, because 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 remnantof the past. But sometimes employers pay attention to it. A potential employer, after a detailed study 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 inin 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 figured out how to count the continuousseniority. As already mentioned above, the amount of the allowance paid in connection with a citizen's disability depends directly on the continuity of the service. At the employee's request, continuity can be maintained in the following cases:

• Employee on personal initiative after reaching retirement age again finds 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 the 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-70's and until 2006 in the SovietThe Union, and then in Russia, acted the law, according to which the length of service was calculated. According to this law, the continuity of the experience 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 allowance also changed. Now the benefit 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 the continuousseniority. For retirement, the total length of service is important. 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.