What length of service is considered continuous for accrual purposes? What is continuous work experience? Does continuous service matter for retirement?

When assigning old-age benefits, the full time of work is taken into account. If there is no such period, then the citizen may be left without general security. Therefore, you should know how continuous length of service is formed for early retirement.

The need for continuous work experience

The total service life means the totality of labor or other socially useful activities carried out before 01/01/2002. This time is taken into account when assigning and analyzing a person’s rights to pension contributions as of January 1, 2002.

The insurance period is the accounting of the period for determining the amount of the insurance benefit based on the duration of work or other service within which contributions to the Pension Fund of the Russian Federation were paid. In addition, other activities may be included during this period.

The pension fund takes into account only documented work activity. As a rule, such papers are a book and contract agreements, where the service life appears. Registration of benefits is allowed if the service life is at least 20 years for women and 25 years for men. If performance indicators are lower, then the amount of subsidies is reduced in volume.

What exactly is the service life considered continuous?

The term continuous service for a pension is not enshrined in current Russian laws, therefore it represents the time within which service was carried out in a certain position. Nevertheless, this concept has an impact on the formation of pension increases and the receipt of additional benefits. However, it does not play a major role in calculating future security, but only acts as a premium.

How to save and interrupt conditions

In a number of situations, a citizen has the right to retain the period of work, even if at that time he was in the “dismissed” status. Accordingly, a certain period between employment has specific boundaries.

Maintaining continuous service for retirement is possible under the following circumstances:

1. The father or mother of a child with HIV positive status may leave the workplace. In order to preserve the period of employment, the activity should be returned to the time the child entered adulthood.
2. In a situation where the term of service was restored by a citizen who registered the right to a well-deserved rest. This is relevant for military personnel, people employed in law enforcement agencies, as well as in a number of other areas. In this case, it does not matter after what period the renewal occurred, continuous service will be maintained.

In all other cases, the periods when the worker was officially registered in the organization are considered permanent service. When leaving one company and moving to another, the length of service remains with the person. The rule applies if unemployment does not exceed legal provisions.

If this period is exceeded, the Pension Fund has the right to refuse to transfer payments and subsidies to a person. But this does not affect the amount of security formed on the basis of insurance premiums. Thus, in the new bill of 2019, the concept of long-term work activity loses its original essence. In view of this, it is used only in a number of settlement transactions, for example, when determining the level of wages for a number of employees.

Please note: continuous work allows you to receive salary bonuses and additional time for paid leave.

When continuity is maintained

In addition to the main period of service, it is allowed to accrue a pension for continuous service for the following periods:

• conscription service in the Russian army;
• activities in the police department and other law enforcement agencies;
• maternity leave;
• time allotted to look after a child until he turns 1.5 years old;
• officially established unemployment with supporting documents from the Employment Center;
• supervision of incapacitated citizens, including those over 80 years of age;
• a period of time spent in places not so distant;
• annual paid vacation;
• on sick leave if you have official work;
• employment on a public-social basis;
• period of transfer of voluntary pension contributions;
• conducting individual entrepreneurial activities.

To establish continuous work experience for a pension as a determination of the right to receive insurance benefits, within the framework of service or other work that occurred before the entry into force of the Federal Law, work periods are taken into account. The pension is assigned in accordance with the current legislation of the Russian Federation at the time of business. In this case, the calculation can be made on the basis of the rules for calculating the corresponding service life, including the grace period, at the choice of the citizen.

It is noteworthy that the learning process can be included in the TS, subject to the following conditions:

• studies took place without interruption from work;
• training ended before 01/01/92 for persons employed in the medical and teaching fields;
• internship.

Reasons for interruption

Russian laws stipulate situations when the length of service is interrupted. Such cases relate to the termination of contractual relations with the employer, namely:

1. Regular refusal to fulfill assumed obligations specified in the contract or organization regulations.
2. Absenteeism and absence from work for more than three hours, as well as coming to work under the influence of alcohol or drugs.
3. Impossibility of fulfilling obligations due to the entry into force of an agreement on the deprivation of a person’s freedom, involvement in community service, etc.
4. Proven fact of theft at the enterprise of goods and materials, as well as loss of trust from the management of the organization.
5. Committing an immoral offense incompatible with the position.
6. Availability of disciplinary sanctions in accordance with the company's Charter.
7. Proven guilt of an employee, providing for dismissal under an article or on the initiative of the director.

Calculation of continuous duration of work according to a work book

Workers naturally have a question about how much continuous service is needed for retirement. In this case, it is important to make a calculation.

The process involves recording actual work equal to 12 months. The calculation procedure was established on December 28, 2013.

Note: the concept of permanent work, adopted in the Soviet Union, was abolished due to a violation of constitutional rights on freedom of labor (Article No. 37).

To carry out the calculation on your own, you need to have on hand a work book and other documentation indicating your service. Such documents include contracts, certificates from archives, and more. After the documents have been collected, you can begin to calculate:

• counting the number of years worked, which are then summed up;
• the result should be a figure with years and months;
• additionally add periods that can be included in the vehicle.

(Total number of years of continuous experience * 1.5% - price of one point): (100*12) = coefficient.

It is noteworthy that this amount can be higher than 0.85 points. For example, to have a coefficient of 0.75, you must work as a miner until the age of 55.

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What does continuous work experience affect?

The continuous work experience for pension contributions does not stop in the presence of unemployment of 30 days between dismissal and new employment. However, even in such a situation, there are exceptions to the rule in the Legislation of the Russian Federation.

Impact on pension size

In the history of the pension system, 2015 became a turning point in the assignment of payments, since the length of service no longer affects the amount of security. In 2019, insurance premiums are formed, paid by the employer to the Pension Fund of the Russian Federation.

To obtain the right to retire, you must have worked for at least 5 years; however, since 2016, the period has been increased to 6 years. At the same time, by 2025 it is planned to increase the retirement age, in connection with which individuals will accumulate a duration of 15 years. If the work is not enough, then the person has the right to apply only for social benefits, i.e. the minimum subsistence level.

However, the volume of pension provision will also be summed up from two parts - insurance and funded. When calculating benefits from 01/01/2015, calculations are made in favor of the prevailing amount, even if the person took a well-deserved rest before 2015.

The portal of the Ministry of Labor and the Pension Fund of the Russian Federation provides the opportunity to independently calculate using a calculator. Using the application, you can independently determine (approximately) future benefits based on the following indicators:

• age category;
• overtime overtime;
• coefficients;
• other individual factors.

Taking into account continuous service when calculating benefits

To take into account the service life, the following time periods are accepted:

• being on maternity leave or caring for a bedridden patient (only one of the options is included);
• Individual entrepreneurs, persons conducting legal or notary practice.

It is noteworthy that the length of service for the second category is included subject to deductions made to the Russian Pension Fund. Based on this, the duration of work will be calculated by paid months, and not by years.

Persons living in foreign countries also have the right to receive a pension, but only the details carried out in the country will be taken into account. If a person was able to receive a long-service benefit, then the amount of the insured portion will be taken into account only on the basis of the civilian period of service.

Documentary evidence of activity is required only when working before 04/01/1996; the remaining periods are independently monitored by employees of the Russian Pension Fund using information from SNILS. It is noteworthy that the length of service is calculated in months, and the incomplete period will be calculated at the full rate if the volume of tax deductions reaches the minimum threshold.

Work experience is the period of a person’s professional activity. Its presence and correct calculation is important for receiving various guarantees, benefits, and compensation from the state or direct employer. The state guarantees officially working citizens who transfer funds from their income to the budget support in the event of loss of ability to work, the opportunity to receive paid leave, and financial support at retirement age. Employers reward employees with salary bonuses and apply various incentive measures.

During the USSR period, the concept of continuous work experience was widely used. Modern Russian labor legislation does not contain such a definition. Previously, continuous work experience was directly related to the assignment of social insurance benefits (Resolution of the USSR Council of Ministers of April 13, 1973 No. 252) and influenced the size of pensions. However, the Constitutional Court of the Russian Federation, by its ruling dated March 2, 2006 No. 16-O, recognized one point of the provisions of the rules for calculating continuous work experience applied at that time as contrary to the Constitution. As a result, the entire document became invalid, and no new rules were adopted defining what continuous work experience is and why it is needed. In our article we will reveal to you some of the subtleties of labor law related to this topic and tell you why work experience is needed.

Why do you need continuous work experience?

Currently, the fact of having continuous work experience is important only in certain areas of work. For example, continuous work experience guarantees medical workers receive a bonus if they do not interrupt their activities while working in medical institutions.

Workers in the Far North have certain privileges to receive compensation and benefits if they have continuous work experience. In addition, employers themselves have the right to establish various benefits for employees who have a certain continuous length of service at the enterprise. These rules apply only within the organization that established them or a certain group of companies that have agreed on such conditions.

Thus, given that labor legislation does not set a strict framework and does not provide clear definitions regarding length of service, it can be divided into:

• general (legislation speaks about it only until January 2002);
• continuous (its official definition was canceled in 2006).
• giving the right to a bonus for length of service.

What is included in continuous work experience?

Continuous work experience, by its definition, shows that the employee worked for the same employer for a certain amount of time. According to the Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated April 19, 1991 No. 1032-1, the length of service is not interrupted by the following periods:

• recognition of a citizen as unemployed when he is paid benefits in this regard;
• student body to which the scholarship is paid;
• participation in public works on a paid basis,
• moving or relocating to another area in the direction of the employment center for employment;
• temporary disability (officially recorded);
• maternity leave;
• conscription for military training;
• participation in events related to preparation for military service;
• involvement in events related to alternative civil service;
• performance of government duties.

Any organization can establish its interpretation of continuous work experience by local regulations. In this way, companies encourage their employees by providing additional benefits (allowances, benefits, paid spa treatment, etc.).

What does it affect?

Continuous work experience was important during Soviet times. The size of state benefits, benefits, and pensions depended on its duration. Currently, the concept of insurance experience is used. The effect of the continuous period of work remained for certain categories of professions and positions when receiving certain wage supplements.

Continuous work experience provides guarantees and gives the right to receive compensation to persons working in territories with difficult climatic conditions - in the Arkhangelsk, Irkutsk and Chita regions, Karelia, Komi, Buryatia, Tuva, the southern regions of the Far East, Krasnoyarsk Territory (Order of the Ministry of Labor of the RSFSR dated 22.11 .1990 No. 3).

When continuity is maintained

In addition to the periods established by Law No. 1032-1, which do not interrupt the length of service, there are rules for periods of employment. In most cases, continuous work experience is not considered interrupted if the employee changes jobs within a three-month period. In some situations, this period is reduced to a month or is not legally defined at all. In such cases, the period of interruption of service depends on the grounds for dismissal, location and specifics of work, etc.

Work experience is also not interrupted if the employee was dismissed at the initiative of the employer for committing guilty actions (Determination of the Armed Forces of the Russian Federation dated December 23, 2004 No. KAS04-596).

How is continuous work experience calculated?

• employment history;

• military ID;
• employment contract and certificates from the employer;
• certificate from the employment center;
• agreement with the university and extracts from the orders of the educational institution on the appointment of a scholarship;
• references from various archives.

Continuous work experience is considered to be a simple addition of periods of work at one enterprise (or in similar organizations, if it comes to the continuity of work experience for doctors), as well as periods that the work experience is not interrupted by virtue of labor legislation.

You can do the calculations using online calculators, but for accuracy of calculations it is better to do the calculations yourself. This is especially true in cases where the work record book is lost, and the calculation has to be carried out using available documents (for example, to prove your position in court).

Both part-time work and part-time work (which is used by mothers who have young children) are counted as continuous work experience. It is necessary to take into account that the emergence of labor rights begins from the date established by the agreement with the employer (other documents).

The period when the employment relationship is terminated begins not from the date of termination, determined, for example, by a dismissal order, but the next day after that. If the period is calculated in calendar days, non-working days are also included. In cases where the last day of the period is a non-working day, the working day following it is taken as the day of completion of work (Article 14 of the Labor Code of the Russian Federation).

According to the work book

The main document containing information about continuous work experience is the work book. It contains all the information about the official activities of the citizen. The information contained in it can be easily verified for accuracy; it is enough just to make requests for payment by the employer indicated in the work book of taxes and mandatory contributions for its owner. If it turns out that the tax office or pension fund does not have information about payments, you will have to retrieve all the related documentation. In some cases, this turns out to be impossible due to the closure of the enterprise and the lack of documents in the archive, etc.

The procedure becomes more complicated if the citizen does not have a work book in his hands, but a duplicate of it, since the rules for filling it out are more lenient compared to filling out the original, and some information may be lost (Resolution of the Government of the Russian Federation of April 16, 2003 No. 225).

For retirement

Pension legislation is not tied to continuous work experience. There is no increased pension for long continuous work experience.

To calculate old-age benefits, the employee’s insurance length and the amount of contributions made by the employer are important. It does not matter how long a person has worked in one organization. The main thing is that the salary is official, which provides guarantees of receiving a pension in the future. In addition, the amount of insurance contributions also affects the size.

In the presence of so-called salaries in envelopes (gray, unofficial) or with meager deductions from the budget, a future pensioner can only count on minimal security.

For sick leave

The amount of benefits for temporary disability does not depend on the continuity of work experience, but depends on the length of insurance coverage. The latter is not affected by interruptions in work (Letter of the Federal Insurance Service of the Russian Federation dated October 30, 2012 No. 15-03-09/12-3065P).

There are situations when an employee’s length of insurance coverage for the period before January 1, 2007 is less than the length of continuous employment for the same period. Considering that until 2007 it was continuous work experience that was used to calculate benefits for temporary disability, the law gives citizens an indulgence and allows, instead of the duration of the insurance period, to use continuous work experience in such cases (Article 17 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability”). disability and in connection with maternity" dated December 29, 2006 No. 255-FZ).

Disputes regarding the continuity of seniority and the mandatory use of it in certain cases occur frequently. If you cannot figure out the situation, call our specialists or leave your question in our online chat. Qualified lawyers will tell you how to calculate your length of service, what compensation you can expect upon dismissal, and how to protect your rights if your employer violates them.

For a long time, continuous work experience played a vital role in the assignment 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 No. 255-FZ of December 29, 2006, the amount of benefits began to depend on the insurance period, which consists of periods of work with the 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 in this case will be taken as the insurance period.

The size of the pension currently, according to general rules, also does not depend on the length 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, Law No. 76-FZ dated May 27, 1998 allows military service time to be counted as 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 length of service is confirmed by a work book, archival certificates and other documents containing information about the citizen’s work activity.

Continuous work experience during the existence of the Soviet Union had important legal significance and influenced the calculation of pensions and the payment of social benefits. Due to the adoption of a number of amendments, the status of this legal concept has changed significantly in labor legislation.

You will learn in detail from this material what the continuity of work experience affects today, how it differs from the general one and at what duration it is not taken into account for the break of the work period.

What is continuous work experience?

This refers to periods after dismissal that do not exceed the time periods provided by law for individual cases of termination of contracts with employers.

After acceptance Federal Law No. 225 of December 29, 2006 “On compulsory social insurance” in case of temporary disability due to maternity, when making payments, only those periods during which contributions were made to the Social Insurance Fund of the Russian Federation are taken into account.

Previously adopted norms on continuity of service were in conflict with Article 36 of the Constitution of the Russian Federation on freedom of labor, and therefore were cancelled.

They mean the inclusion of the specified periods in the insurance period. It is not only the fact of payment of contributions to extrabudgetary funds that matters, but also their size.

When is service considered interrupted?

The work experience is interrupted in the absence of a concluded contract with the new employer within the time frame stipulated by law, calculated in connection with the specifics of employment.

Currently, the state does not strictly monitor compliance with employment deadlines after dismissal. This factor also does not affect the amount of pension benefits.

On average, a period of up to 1 month is counted towards continuous experience when changing jobs. However, proof of continuity may be required when applying for a certain position: obtaining accreditation as a lawyer, judge status, or other benefits.

Mainly, continuity affects the possibility of obtaining a decent job under a new contract.

When is employment interrupted after dismissal?

Continuous service lasts for 1 month after dismissal from the previous job. This rule applies to the termination of labor relations with employees employed at manufacturing enterprises, commercial and state, municipal institutions, organizations of any form of ownership.

The exception applies to the following categories of employees (for them, a period of 2 months is included in the continuous work experience after signing the order to terminate the contract):

• upon termination of activities at enterprises located in the Far North or equivalent areas, upon termination of the contract due to the expiration of the term;
• in case of official employment abroad upon termination of the contract with the employer;
• when working in states with which Russia has concluded social security agreements.

Three months are counted as length of service after dismissal:

• in case of staff reduction due to liquidation or reorganization of the company in any form: merger, spin-off, merger, etc., declaring an organization of any form of ownership insolvent (bankrupt);
• if it is impossible to hold a position as at the last place of work due to deteriorating health, the onset of partial incapacity, confirmed by a medical certificate;
• when transferring the other spouse to another location to perform work functions.

The length of service is qualified as continuous when a citizen on pension benefits returns to official work under an employment contract.

Interrupted work experience can be restored based on the order of the trade union at the regional or district level. In any case, the time spent traveling to another location is not taken into account as a break for the spouse and, in general, for all adult members of the employee’s family.

What needs to be done to ensure that your work experience is not interrupted?

To ensure that your work experience is not interrupted, it is necessary to track the period of time after which a break in activity is considered. In this regard, rules can be used Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252 , previously abolished, but applied in practice by analogy.

If continuity is monitored in connection with employment for a certain position, obtaining the status of a judge, lawyer, or carrying out other professional activities, then one should be guided by the provisions of industry regulations.

Continuity of service does not affect the amount of pension provision or its establishment, but may affect the accrual of additional vacation days, bonuses or other benefits for employees established by the Labor Code of the Russian Federation and local regulations at the enterprise.

What impact can continuous work experience have today?

According to modern legislation, continuity of service will affect the following factors:

• the amount of social disability benefits depends on the time worked, for a period of up to 5 years it is paid as a percentage of 60% of income, from 5 to 8 years - 80%, from 8 years - 100%;
• the possibility of employment for a position, since employers take into account when hiring the possibility of loss of professional skills due to the long gap between dismissal and placement in a new position.

The continuity of length of service is not affected; this situation remains in effect for 2019 and subsequent periods until the possible adoption of relevant changes to labor legislation.

When you should go to work at a new enterprise, how many days are counted in the length of service if a break is allowed is established in the internal regulations of the enterprise.

What periods are not included in the insurance period, but do not interrupt the total length of service?

They are not included in the total length of service, but do not interrupt its periods:

Education

Enrollment in clinical residency or graduate school, if the period of dismissal and enrollment in the relevant organizations, including preparatory periods, did not exceed 3 months.

For those who were early expelled from institutions or took a course in the period before July 1, 1973, when entering work on October 1 of the same year, the break period is counted towards the length of service, regardless of the date of expulsion and the conclusion of an agreement with the employer.

Work abroad

When performing official duties abroad in branches of Russian enterprises, or while employed in international organizations, or while serving, if the period between returning home and concluding an agreement did not exceed 2 months.

Off-season period

During the off-season period, employed in certain types of work, upon completion of the profile activity in the previous period in full, upon returning to work within the period stipulated by the employment contract.Rules for calculating the continuous work experience of workers and employees when assigning benefits for state social insurance,” approved. Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252 .

Does continuity of employment matter in 2019? How to count it? Is continuity maintained if you change jobs and in what case? Our article answers all questions

Read our article:

Continuous work experience according to the Labor Code

The time spent working in one company without a break or in different companies, if from one to three months passed when moving from one place to another, depending on the circumstances, this is continuous work experience. This definition existed until 2006. The current edition of the Labor Code of the Russian Federation directly mentions NTS in only one article - 256. Some other articles, although they do not contain a direct reference, speak about it in their own sense. So, for example, Art. 121 describes the duration of work in one place, .

NTS in the form that was determined by Resolution of the Council of Ministers of the USSR dated April 13, 1973 No. 252, ceased to be a prerequisite for the calculation of pensions and sick leave. Now this duration is taken into account when calculating additional payments and allowances, and providing additional leave. Sometimes sick pay still depends on the number of years worked ().

The previous norm indicated that the length of service was maintained if the break was no more than 1-3 months. Now each enterprise decides for itself what is meant by continuity and records it in the LNA. These could be options:

• continuous work as such;
• in one company;
• one specialty;
• under the same working conditions.

Continuous work experience in Russia is also possible in the following cases:

• when a parent whose child has HIV leaves the job to care for him. Such a specialist must sign an agreement, agreeing to return to his previous position when the child turns 18 years old;
• if the employee first retired and then returned to work;
• when a serviceman is discharged from his place of service.

If the “gaps” in the work record do not exceed the specified periods, the length of service will be continuous. If, when moving to a new place, a person remains unemployed longer, the length of service is interrupted.

Is continuity maintained if you change jobs?

The length of service will not be interrupted when changing jobs if the maximum permissible time gaps between dismissal and new employment are observed. They cannot exceed 1-3 months, depending on the nuances of dismissal.

If benefits are provided by a particular company for loyal employees - those who remain on its staff, they can be lost when changing jobs. Moreover, even if a person later decides to return, there is a possibility that his tenure will be interrupted, because the LNA of the organization may be prescribed continuity that does not imply dismissals with return. If the preferences are attractive, it is better to calculate in advance the potential pros and cons of changing jobs, because it will be impossible to restore lost experience.

Does continuous service matter for retirement?

Now NTS and pension payments are not connected. Unless a specific employer writes in the LNA some preferences for employees, depending on the number of years of work in the company.

Currently, the pension amount is determined by:

• the amount of insurance premiums;
• salary size;
• additional contributions;
• duration of insurance period.

Unlike the NTS, the insurance period is all the time in a person’s life when the employer paid insurance premiums for him. The deducted amounts go to an individual account, and the final result is influenced by the person’s year of birth.