In the Labor Code of the Russian Federation there are such concepts as general and continuous work experience. Many Russians tend to believe that continuous experience is very important. Others do not attach any importance to it at all. But is it really so? What are the conditions for its preservation? How to calculate this indicator? What affects the continuity of experience?
Experience: definition
The length of service is the period of time during which a citizen works or carries out various activities. This concept refers to cases of formal employment or entrepreneurial activity. This indicator is directly related to the calculation of the pension, it is required to receive various compensations and guarantees provided by the Government, and is calculated in the manner prescribed by law. The work book is a document confirming the existence of experience.
Seniority is divided into several varieties:
- General, including all years of work of a citizen.
- Special designed for individuals in certain positions.
- Continuous.
The concept of “continuous work experience”
This term is now used relatively rarely. The fact is that it arose even in the Soviet era, when it was necessary for receiving pensions, sick leave payments and generally played a significant role in the life of a citizen, namely, continuous experience. The Labor Code defines this concept. Continuous experience is the duration of work at the same employer.
Why is the service interrupted?
In the modern world, not every citizen can work in one enterprise, so continuous work experience is interrupted. Under various circumstances, employees of organizations often stop working. In this regard, several factors affecting the continuity of experience are highlighted in the labor legislation:
- Dismissal (continuous work experience is interrupted when changing the type of activity, when the period between the termination of the contract and the placement in a new job was more than three weeks).
- Absence from work due to illness (cases that do not meet the objectives of the Constitution of the Russian Federation and social insurance).
- Unofficial employment (when a citizen begins to work in private organizations).
All changes associated with a change in the type of activity of citizens should be recorded in the workbook. The relatively frequent interruption of seniority does not have the best effect on the number of pension benefits.
Employee-initiated dismissal
Dismissal, initiated by the employee himself, is one of the most common reasons for termination of employment. This begs the question: is there an uninterrupted length of service upon dismissal?
Continuity of experience can be maintained. Moreover, all citizens without exception have this opportunity. However, using it is often quite difficult. According to the Labor Code, continuous work experience is maintained if, after dismissing on one’s own initiative (in the absence of other good reasons for this), no more than three weeks pass before entering a new enterprise. If there are good reasons why a citizen was forced to resign, this period is extended to thirty days. For example, such reasons may be moving to another locality or retirement of a spouse.
In practice, quite often there are cases when citizens first find a new enterprise for themselves, and only after that they terminate their employment relations with their previous employer. In this regard, the experience remains continuous. But dismissal is sometimes a necessary measure.
Dismissal by article
Such cases are relatively rare, but they do occur in practice. Is continuous experience maintained in this case? The Labor Code says that upon dismissal due to a specific violation, the continuity of experience is lost. Quite a logical solution for employers in situations where employees of organizations violate the work schedule, is dismissal. Workers in this case can only adjust their actions in a timely manner in order to avoid termination of employment under the article.
Liquidation of an enterprise
In Russian labor legislation, cases of maintaining seniority are also considered in situations of liquidation of an organization. Very rarely there are cases when the liquidation is connected with bankruptcy. Citizens can count on maintaining continuous experience. However, the law provides for certain conditions and restrictions.
Typically, citizens are given 3 months to find a new employer. Continuous work experience is maintained if the dismissed employee during this period found a new job. Otherwise, the experience is interrupted, but this period cannot be extended.
Motherhood
Continuous work experience is maintained if a woman goes on parental leave. But is continuity maintained if the expectant mother goes on maternity leave? There are two absolutely opposite opinions on this score.
The Russian labor legislation does not contain information regarding maternity leave and continuous work experience. In fact, the experience is preserved, since the woman remains employed, the nature of the work performed is changing. On maternity leave, a woman is engaged only in family affairs, but not in the performance of labor duties. However, lawyers are inclined to believe that the experience in this situation is not interrupted.
Health
If a citizen, due to health reasons, cannot perform certain types of work, is there a continuous work experience? The Labor Code of the Russian Federation 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 carry out certain types of activities, you can count on maintaining continuous experience. How?
Upon dismissal from the previous place of work, a period of three months is given to search for a new employer. Also during this period, a citizen has every right to return to his former employer. At the same time, the experience is preserved. However, in practice, such cases are extremely rare, since returning to the previous job duties will take the employee even more time (due to health reasons). In most cases, workers completely refuse further employment.
Other important features
Russians who live and work in the Far North or in similar natural conditions have some privileges when taking into account their working experience. This also applies to foreign citizens who work under contract in harsh climatic conditions, if an agreement on social support has been concluded with their country. These categories of workers have the full right to maintain continuous work experience, as in the situations mentioned above. The maximum time allotted for finding a new job is two months. This period is relatively short, but, as practice shows, in many cases it is quite sufficient.
Continuous work experience is maintained if the citizen is a soldier. So, for example, if a citizen served for 25 years and then retired, he can get a new job while retaining seniority. The state provides this privilege in full.
Labor laws also take into account family circumstances. If a citizen is caring for an HIV-infected minor child, and for this reason is forced to leave his workplace, continuity of experience is also preserved. When a child reaches the age of majority, a citizen is obliged to resume work.
Another case in which a citizen can count on continuity of experience is a change of job with the preservation of the type of activity and profession.
How is continuous work experience considered?
It is not easy to calculate continuous work experience on your own, but you can do it. How to calculate continuous work experience?
Dates of conclusion and termination of employment contracts should be taken from the work book. There are various programs that can automatically calculate the length of service in an automated mode. You can also contact the accounting department of the company for help. Counting starts from the very first record. Thus, you can calculate the total length of service, which includes all jobs and positions. Continuity is affected by the above cases. Even one such violation interrupts the experience. As a result of the calculation, a number will be obtained in the form of the number of years and calendar months.
The workbook never contains data on continuous experience. The fact is that this term does not actually exist in the Labor Code. Therefore, now no one distinguishes between continuous and general work experience.
Why is it needed?
So, we figured out how to calculate 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 practically no significance.
For Russians, the overall length of service is much more important, since it is he who affects the size of the future pension. The main thing is that employment should be certainly official. The total length of service is accrued to citizens engaged in entrepreneurial activity.
Continuous experience is a kind of relic of the past. But sometimes employers pay attention to him. A potential employer after a detailed study of your work book may ask why you left your previous organization. However, this factor affects the amount of disability benefits.
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, and will make it possible to receive various subsidies and social benefits. In fact, this is far from the case, since this information is not officially confirmed.
When the experience is saved: results
So, we have figured out how to calculate continuous work experience. As already mentioned above, the amount of benefits paid in connection with the disability of a citizen depends directly on the continuity of experience. At the request of the employee, continuity can be maintained in the following cases:
- An employee on a personal initiative after reaching retirement age is again employed.
- An unemployed citizen is paid unemployment benefits (in order to prevent the interruption of seniority, it is necessary to queue in the employment service).
- Since the termination of employment with the previous employer, no more than three weeks have passed (it is best to find a new organization in advance).
Within two months after the termination of the contract at the same place of work, the experience can be saved in situations when:
- The employee is again employed on his own initiative (dismissal was a necessary measure, for example, when moving).
- A citizen has reached retirement age and is employed again.
- A citizen resigned from an organization located abroad or in the Far North.
Within three months after the dismissal, the experience can be maintained in the following situations:
- The employment relationship with the employee was terminated due to a layoff or liquidation of the organization.
- The reason for dismissal is a mismatch of the position or fulfilled labor obligations.
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-70s until 2006, the Soviet Union acted in Russia, and then in Russia, according to which the length of service was calculated. According to this law, continuity of service was maintained if the employee was again employed within a month for a new job. In 2007, the law was amended and the term was reduced to three weeks. Also in 2007, the size of the temporary unemployment benefit changed. Now the allowance is:
- 100% of earnings if the experience is over 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 for what a continuous work experience. For retirement, general experience is important. The size of compensation payments for unemployment and in connection with loss of ability to work depends on this indicator. Counting it is relatively difficult, but possible, since there are automated programs for this. Maintaining this type of experience is not so important, as practice shows. In modern Russian labor legislation, the importance of this factor is minimized. It was of much greater importance during the years of Soviet power. In addition, the pension system has been undergoing various changes recently. The size of the pension will be affected by the so-called accrued points. According to analysts, continuity of experience is unlikely to be important in the future.