Continuous service after voluntary dismissal. When the length of service is interrupted after dismissal: depending on the reasons for termination of the contract

How long does it take for service to be interrupted after dismissal, what does this mean and whether it matters, we will tell you in the article. Download samples of documents required to confirm the period worked.

From the article you will learn:

What does interruption of service mean?

The concept of interruptibility and the term “ seniority" are becoming a thing of the past. Now, to assign a pension, the periods of payment of insurance contributions are summed up.

However, previously it was unprofitable for workers to have breaks between dismissal and new employment: if the period without work exceeded 21 days (one month if laid off at the initiative of the employer or for a good reason), this negatively affected benefits under the temporary disability certificate and the amount of pension payments.

Since 2007, the basis for payments has been the total insurance period. But there are also exceptions. In some cases, it is important to take into account the continuity of work.

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

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

We present time periods that do not create a break in the employee’s length of service.

Three weeks – if an employee leaves due to at 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 similar areas, those who came from a business trip abroad, refugees from some countries (with which the Russian Federation has entered into an agreement on social security).

Three months - if the employer reduced staff or numbers, reorganized or liquidated the company. The same period is given to those who could not continue working due to illness. Teachers also have three months primary classes, if graduates moved to middle management, but new first-graders were not recruited for some reason.

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 raising disabled children. In the latter situations, the period will end 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 place of work is found promptly. This happens through the fault of the employee himself: he committed absenteeism, came to workplace drunk, evaded the performance of official duties, etc.

How does continuous work experience after dismissal affect retirement?

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

There are some continuity benefits, but they mainly apply to those who were born before 1963 or earned the right to a pension before 2002.

Experience is the periods of time, days, weeks and years that a person devoted to work. An employment contract, an entry in the Book, all the necessary formalities must be strictly observed, because only this indicates that every penny of insurance contributions for a person must be transferred to the Pension Fund of the Russian Federation; it “drips” into the personal account of the future recipient.

In this way, a certain amount was accumulated, which at the “age of survival”, or simply put, retirement age, or after an illness, injury from which it is impossible to fully recover, a monthly provision is paid

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

What happens?

General

The total length of service includes periods when a person worked, was insured by the Pension Fund of Russia, served, or was an individual entrepreneur. Federal Law “On pensions in the Russian Federation” in Art. 30 particularly highlights this type of length of service: it is used to determine 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 creative time.

The following are recognized as separate periods and counted 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 military service is counted;
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 groups I or II;
the time when a person received benefits as an unemployed person.

Insurance

The insurance period is a relatively new concept; it is what 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 contributions to the Pension Fund were paid. 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 length of service is a period during which, for certain reasons, payments were not 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, prosecutors 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 experience- the period during which a person works at one enterprise, or changes jobs, but not by quitting, but by transferring to another place, or if the time from dismissal to subsequent employment was no more than 21 days. Continuous work experience is calculated according to the Rules for calculating such work experience(TC Art. 423).

Why is it important?

Until 01.01. In 2007, almost all payments to mothers, sick, disabled people, and people who lost their jobs depended on such length of service. If you have worked for less than 5 years, do not expect benefits to be more than half your monthly salary. I interrupted my internship for an unexcused reason - the same thing. Only after 8 years of work in one place or by changing jobs not by dismissal, but by transfer to another place, you could provide yourself with a guaranteed 100% salary if you got sick, couldn’t work, or were caring for a small child.

Today, continuity of seniority 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 your work experience is not interrupted is no longer very 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?

Duration labor activity allows you to correctly and accurately determine the size of the future pension, which depends on the amount in the personal account of a person insured by the Pension Fund.

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

But this is also the age of those who have the right to count on insurance payments, a very substantial surcharge 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 length of service affects a number of other payments. For example, its value affects payments for temporary disability and benefits. The higher it is, the higher the payout.

Duration 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, how many days will it take?

Long service break

a person is fired by an employer for gross violations, absenteeism, rudeness, for failing to cope with responsibilities and disrupting everyone’s work schedule;
stole something or caused serious damage to the company;
if a month after dismissal the person has not found another job;
having resigned voluntarily, did not find a job within 21 days;
when leaving to get a job at an enterprise located in another area, the break in activity lasted more than 1 month, or a job was not found when moving due to the transfer of the spouse to work in another city, region, etc.

the person resigned of his own free will for good reasons, as well as due to the liquidation of the enterprise or staff reduction;
the break is caused by moving to a new place of work or service;
upon dismissal or suspension from work illegally, due to an erroneous medical report, if the person was then reinstated at work;
the length of service was interrupted due to accusations of a crime, stay in prison, if the employee was subsequently acquitted and reinstated in his position.

Lawyers often advise that in order to increase the number of days when you can not work, but the length of service will remain uninterrupted, you should not just quit, but take a vacation with subsequent dismissal.

How many days are considered continuous when calculating at your own request?

So, after how long can the length of service between dismissal and placement in a new place be interrupted, what period is considered continuous? With such a dismissal, when a person himself submits an application without any reason, find new job needed for 21 days, on the 22nd day the continuity comes to an end. But the period may be increased in this case as well.

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

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

Therefore, for such cases, when one of the spouses protects law and order, “relaxations” were provided when the length of service 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 of time if you had to change your job due to health conditions.

If staff were reduced or if the enterprise was liquidated, the period became even longer - 3 months.

For mothers of children under 14 years of age, the length of service upon dismissal due to layoffs and child care remains for years until the son or daughter reaches the specified age; for mothers of sick, disabled, children - until the child reaches adulthood.

Conclusion

The length of work experience is very important for those who count on receiving not only a social, but also an insurance pension.

Considering how quickly it's changing Pension Legislation, it is important not only to follow innovations, but also to remember that even such a concept as continuous experience can have an impact on various preferences in certain institutions, where the Charter stipulates benefits and incentives for employees who remain loyal to the company. So knowing after what time it is interrupted can sometimes be useful.

Changing jobs is a common occurrence in modern society. In the process of moving from company to company, many citizens try to maintain previously earned work experience.

This is done so that in the future, when the need arises to receive cash payments for temporary disability, to calculate length of service, or to apply for a pension, the duration of continuous work and the availability of the corresponding length of service will be correctly calculated. Our article will tell you when work experience is interrupted after dismissal.

Before starting to consider the nuances of labor continuity, it is advisable to decide what it is. Until 2007, the concept of “work experience” was used in Russia, but then others came into force legislative norms, who replaced this concept with “insurance period”.

Why do you need experience?

But if we consider them on their merits, these are the periods of time when the employee performs his functional duties, and when changing his work activity (the company where he works), the break between the day of dismissal and the subsequent hiring should not be more than the period specified by law.

Classically, the break is agreed upon for a month. But this duration can increase and decrease. It all depends on the citizen’s working conditions and the article under which he was fired. In particular, the law provides for conditions when there are no periods at all after dismissal, allowing the length of service to be considered continuous. These include:

Dismissal that took place on the initiative of the employer, due to the employee’s violation of functional duties.
Termination of employment relations with an employee due to absenteeism.
When an employee was dismissed under an article for theft of company property.
Termination of an employment agreement with a worker who appears at work in a state of intoxication (alcohol, drugs).
Other gross violations of labor discipline (for which there are articles for dismissal).

Certain periods when the employee did not actually perform the labor functions assigned to him, but he retained his job, are considered continuous service for all types of calculations. These periods include:

service in the ranks of the armed forces of the Russian Federation;
periods of pregnancy, in women;
when an employee is sent by an enterprise to advanced training courses;
training in various educational institutions without interruption from production.

Remember, if an employee was fired “under an article”, the gap in length of service taking into account work activity will begin to be calculated from the next day following the dismissal. Proof of this will be the corresponding entry, which will be recorded in work book.

What does continuity of experience affect?

Now that we have the concept of length of service, it is advisable to consider why it is necessary to maintain its continuity and why it is important to ensure that length of service is always taken into account continuously. Regarding continuity, it should be noted that there is a direct dependence during the calculation of the due cash benefit. Depending on the length of service, the employee will receive:

100% of average monthly earnings when continuous work is over 8 years;
80% is paid when the employee has accumulated from 5 to 8 years of continuous work experience;
60% will be paid to employees who have worked for over a year (up to 5 years inclusive).

Experience affects the amount of sick leave payments

The next point, which directly depends on the amount of labor baggage a citizen has, is the size of his future pension. You need to understand that a change in the concept of length of service in insurance took place in 2007. Therefore, citizens who began their working activity before this turning point and continue it now will benefit from both new legislation and old laws.

If previously pensions were affected by all periods when a citizen performed labor or socially significant functions, today, in order to receive a pension, it is necessary to pay insurance premiums for a certain number of years. This is the main fundamental difference between labor and updated insurance experience.

Remember, the main document that serves as the basis for calculating seniority is the employee’s work book. Regarding the calculation of the insurance period, the main role here is played by the availability of monthly insurance payments directly to the Pension Fund. They must be carried out by the employer.

We should also not forget that in some government institutions continuity of work experience directly depends on the calculation of additional payments related to length of service. Interruption of length of service means the beginning of the calculation of the period for calculating these payments from the date of last employment, if the reason for the gap exceeds that provided for by law or the previous dismissal occurred under an article that does not provide for the possibility of maintaining the period of time allotted for searching for a new job.

What is the length of service?

All available in various laws and issued on their basis regulatory documents The concepts of seniority can simply be divided into 4 main categories.

Category	Definition
Total work experience	The entire actual (including breaks) period when the citizen performed socially significant useful actions that are fixed at the legislative level. This is the performance of any paid or creative work, service in government agencies, individual entrepreneurial details, other periods determined by law, counted as length of service.
Special experience	This includes periods of time (including breaks) when a citizen performed socially significant labor functions in certain positions, under special (different from normal) conditions of activity, or had a special status. Examples - service in armed forces, work of disabled people of groups 1 and 2, work of prisoners beyond the period prescribed by the sentence.
Continuous experience	They include all periods of time when an employee, without breaks (or their duration should not exceed the period established by law in each specific case), performed labor functions in one company (in different positions) or in several enterprises.
Insurance experience	The time interval when insurance contributions are paid for an employee directly to the Pension Fund in order to create the proper level of pension coverage for him in the future. The concept was introduced in 2007 and is just beginning to take root.

It is worthwhile to dwell on the procedure for calculating length of service for various periods of performance of work functions. For certain working conditions, work experience can be calculated using increasing factors. The increased coefficient will be used to calculate:

one and a half times the rate if the citizen worked in the Far North or equivalent areas;
double the amount when performing military service (conscription), labor activity in anti-plague institutions, leper colonies;
triple the amount when military service is carried out during hostilities, illegal stay in places of deprivation of liberty, illegally repressed citizens, and over time, rehabilitated.

Remember, the calculation of the general, special, continuous period of work is carried out by summing up the time of actual work in the company, taking into account the time intervals provided for by law for the period of job change.

When the length of service remains uninterrupted

Now let’s talk directly about the deadlines that are determined by the legislator for the possibility of changing jobs and are not considered an interruption of work experience.

All deadlines can be identified in the following sequence:

Three weeks. The employee terminates the employment relationship on his own initiative, but does not have any valid circumstances or reasons.
Month. Leaving work is carried out at your own request. There is a reason why you need to change the company either by agreement of the parties to the employment relationship.
Two month. Designated for workers of the Far North or areas equivalent to it to find a new place of work.
Three months. Here the employee is fired due to staffing or due to the liquidation of the company. The same amount is allocated for the spouse to find a job if the other spouse was transferred to work in another area and the whole family moved.
Six months. Allocated to employees of the government or the State Duma of the Russian Federation to find a new job.
One year. Contract uniformed military personnel after the end of their contract period.
Without any time restrictions. This category included veterans (combatants) and military personnel with more than 25 years of military experience.

The serviceman's service is not interrupted for a year after the end of the contract

If it is necessary to increase the time interval for selecting a new job or to reduce the gap between dismissal and new employment, it is advisable to take a vacation, the last day of which will be dismissal. This allows you to have maximum freedom of action to choose a new job. You will still be listed as an employee of the old company, but you already have a properly executed work book.

The legislator has provided for cases when the accrual of seniority does not stop upon the actual termination of the employment relationship. These included:

cancellation of an employment agreement with an employee who has a child not older than 14 years (if the child is disabled, then up to 16 years old) for the entire period until the children reach the agreed age;
for the entire period of maternity leave;
after the citizen has received a legal pension;
if the dismissal occurred in regions with high unemployment rates;
when a previously illegally dismissed employee was reinstated;
if the worker was involved in performing public works with payment.

Remember, if for calendar year a citizen quit on his own initiative more than once, all subsequent periods after the initial dismissal will not be counted in the process of maintaining continuous service.

How interruption of service depends on the reason for dismissal

The impact on the time period when a citizen actually remains unemployed, but the time is counted towards continuous work experience, is direct. In the classic case of leaving work (by agreement of the parties, at one’s own request, if there are reasons for dismissal), the law establishes month period to find a new job after dismissal. The same period is allotted to an employee who transfers, by agreement between employers, from one company to another.

A little more is allocated to former employees of enterprises located in the regions of the Far North (two months), as well as to those who lost their jobs not on their own initiative, in particular due to layoffs (three months).

You should look for a new job in advance (while you are still on staff at the old company).
To increase the search period, you can use vacation followed by dismissal.
If an employee is on leave without pay, his length of service is also not interrupted, but the amount of time to find a new job increases.
If you find a new job, it is advisable to resign by transfer (you are guaranteed to be accepted at the new place of work) or by agreement of the parties (this allows you to resign without working off).
If you have been laid off but have already found a new job, you should not wait until the warning expires. Based on your application, the employer may dismiss you by reducing the previously agreed period.
Women on maternity leave, even if the company is completely liquidated, retain their seniority until the baby turns three years old. But to do this, having received a document on the liquidation of the company and dismissal, they are required to register with the Employment Center.

Remember, in order not to interrupt your employment and insurance coverage during the period of changing jobs, it is advisable to use all available opportunities in the process of preliminary searching for a suitable company for the transition.

Watch this video about continuous experience:

How to count

Considering that for many civil servants, continuity of service directly affects the level of length of service, as well as the income calculated for this, it is very important to maintain it. It is necessary to understand how it is calculated.

Typically, the basis for calculating continuity is the following documents:

payroll records;
military ID;
certified copies of dismissal orders;
certificates confirming the period of employment relationship.

The fundamental document used for calculation is the work book. Here all records of dismissal and subsequent employment are taken as a basis.

Remember, continuity of service is calculated not from the date of filling out the work book, but from the date of termination (start) of working cooperation indicated in the dismissal order. Therefore, it is very important that this time interval does not exceed the gap allowed by law for a specific category of workers (employees).

When a citizen exercises the right to use an increasing coefficient in the process of calculating length of service, this norm applies exclusively to the period of work (service) under conditions that give the right to such a privilege. It ends simultaneously with dismissal.

Further calculations are made according to general rules. If until the moment of new employment the period allocated by law for new labor cooperation is not exceeded, the previous work experience will remain uninterrupted.

The calculation of the period between dismissal and new employment in the civil service for military personnel is carried out according to the military ID (further according to the work book). The basis for the calculation is the dates of termination of service and enrollment in the reserve indicated in the dismissal orders.

In the process of calculating work experience, time intervals calculated in years, months and calendar days. Hours and minutes are not taken into account when calculating.

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General terms of continuous service after dismissal at will

Having worked for a long time in one company, an employee will already be able to estimate the length of his experience. But even when changing jobs, there is a chance to keep the same length of working time. Those leaving on their own initiative must find employment within 30 days. Then the experience will remain intact.

Established by law total term a break of 1 month, which can reach 2-3 months, for example, for workers in the Far North. Everything in a particular case depends on the circumstances of the dismissal. Sometimes it is possible to challenge the integrity of working years with a gap of 1 year.

Circumstances under which length of service is canceled

Knowing how many days after dismissal the period of service is interrupted and without allowing any delay, you can still reset the period permanent employment. This happens for two reasons:

Change of employers more than once a year.
When an employee was fired under an article.

When is continuity maintained?

Continuous service after dismissal at one's own request is retained:

When transferring a spouse to work in another city.
In case of loss of ability to work due to illness.
When a child goes on maternity leave before the age of 14.
When forced to care for a disabled person.
Upon liquidation of the employing company.
When staffing is reduced.
Dismissal upon reaching retirement age.

What does it affect?

The low level of pensions, which threatens interruption of service, applies to citizens born before 1963. Before the beginning pension reform In 2002, length of service played a role in the final rate. For 16 years, the pension is formed from the insurance and savings part. Thus, those who started their careers after 2002 may not consider continuity of employment.

Continuous service after dismissal at one's own request can provide additional allowances, subsidies and benefits in the future, but not an increased pension.

For whom does this type of experience matter?

Special categories of specialists (medical staff, rescuers).
Employees of organizations in which long-term work is encouraged by salary bonuses and is used as a motivating tool.
Workers with 30 years of service and above have the opportunity to earn the status of “Veteran of Labor,” which affects the indexation of pensions and benefits.
Employees whose insurance period is less than uninterrupted for the period since 2007.
Citizens who went on legal vacation before the pension reform.

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

The legal aspects of labor relations are not known to every employee, so people are often unsure whether they will continue to have continuous service after voluntarily leaving. Let's look at this issue in more detail.

The concept of voluntary dismissal

First of all, it must be emphasized that leaving work at one’s own request is also possible if the initiator of the termination of the employment relationship is the employer himself. As a rule, modern employers, when announcing dismissal, invite 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 associated with the further employment of a former employee.

Typically, employees agree to such a procedure, since this, in essence, allows them to hide the very fact of forced dismissal and get a new job without any problems. Thus, when we talk about leaving voluntarily, we are talking about the vast majority of cases of moving to a new job. That is why continuity of service upon dismissal of one’s own free will applies to literally all working people.

Conditions for maintaining continuity of service during voluntary departure

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

But in the current labor legislation, the concept of length of service as such has disappeared; it has been replaced by the 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 a particular employer. Future pensions and payments of disability and maternity benefits depend on this. However, in Law No. 255-FZ of December 29, 2006 in 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 with 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 general, 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 no more than one calendar month. In some cases, this period can be extended to 2 months (for workers in the Far North or for former employees of Russian enterprises located abroad). People who left work for health reasons or due to the reorganization/liquidation of the enterprise have the right to an extension of up to 3 months. The conditions for maintaining continuous service for pregnant women and mothers with minor children are specifically stipulated.

In some cases, continuity of length of service is maintained regardless of a break in work activity. For example, this applies to employees who quit voluntarily due to the transfer of their spouse to work in another locality.

In what cases can continuous work experience now be taken into account, not counting the calculation of benefits? In particular, this directly applies to rescuers, the duration of their vacation depends on their length of service, as stated in Law No. 151-FZ of August 22, 1995. Rescuers with continuous work experience of more than 15 years, for example, receive 40 days of vacation. With less experience, vacation time is also reduced. The presence of continuous work experience directly concerns medical workers, in particular when taking advanced training courses. For example, less than 10 years of experience requires additional education of more than 500 hours. With more experience of a health worker, the internship time decreases (Order of the Ministry of Health No. 66n dated 08/03/2012). Continuous experience is taken into account when assigning academic titles (Government Decree No. 1139 of December 10, 2013).