Due to the fact that in recent years many amendments have been made to labor regulations, definitions such as length of service have also undergone changes. Let us examine in more detail what is meant by continuous work experience.
The concept of continuous work experience
What length of service is called continuous?
Continuous work experience is the labor or other socially useful activity of a citizen at one enterprise.
The time of continuous activity of a worker is taken into account only when it is necessary to determine the amount of payments for temporary disability.
When such benefits are calculated, the period of continuous activity is determined to be a person's work in a particular organization.
In some situations, it is possible to accrue during this period and during the time of previous work or other socially useful activities.
Regulatory framework for going concern
According to the Labor Code of the Russian Federation, continuous activities include:
- labor period as a worker or employee;
- forced absences due to wrongful dismissal(when reinstatement followed);
- work or paid internship while studying at a university or special institution;
- service in the Armed Forces of the Russian Federation;
- taking advanced courses qualifications.
In a situation of changing one job to another due to relocation It is allowed to extend the break in work for the time required for moving.
In a situation where a citizen has temporarily lost ability to work for a specified period of time, the permissible period is extended by the number of days for which the person was incapacitated.
The period of continuity of service for an employee when moving to another place is no more than 30 days. The break will be extended in situations specified by law.
The length of service remains uninterrupted regardless of how long the gap between the previous and new jobs lasted, if this was due to the fact that the spouse was transferred to work in another area.
Seniority cannot be retained when applying for a job if the previous employee was dismissed under such articles:
- systematically failed to fulfill his official duties without serious reasons and received disciplinary sanctions;
- the citizen violated his labor duties once(absenteeism, presence of alcohol, drugs or other types of intoxication at the workplace, violation of a non-disclosure agreement, theft and embezzlement);
- the employee violated labor protection requirements that caused serious consequences or a real threat of their occurrence.
In what cases is work experience considered continuous?
The length of service remains continuous - the break in work is no more than 3 months for the following cases:
- citizens dismissed from organizations when they are closed or employees are laid off;
- after the period of temporary incapacity for work has ended due to which the person was fired from his previous place of work or in the event of termination of work at his previous place due to disability;
In such situations, a period of 3 months is calculated from the moment when the ability to work was restored.
- when a citizen was dismissed as unsuitable for his position positions;
- if a teacher teaching in primary school relieved of his duties due to the transfer of 4 classes to a form of systematic teaching or in a situation of temporary reduction of students;
- when an employment contract with a pregnant woman or mother is terminated who has children under 14 years of age or children with disabilities under 16 years of age.
Until the child reaches this age, the length of service when applying for a new job remains uninterrupted.
Regardless of the duration of the break, the length of service will be continuous under the following circumstances:
- after an employee leaves due to retirement or upon dismissal of pensioners due to age and other circumstances.
This will also apply to persons who receive a pension due to other circumstances (for example, length of service) in the case where they are entitled to receive a pension upon reaching retirement age.
- when an employee was fired voluntarily for a serious reason or in the absence of one in cases of termination of the company's work or reduction of staff;
- due to transfer to another region and forced relocation(applies to military personnel and State Duma deputies, as well as members of their families);
- upon dismissal of persons living in the area where there is no opportunity to find another job;
- when a citizen was fired due to an unfair accusation or was suspended from work due to an erroneous conclusion of a medical commission and was subsequently reinstated;
- if the break from work was associated with participation in public works on a paid basis;
- in a situation where a citizen was taken into custody and was subsequently acquitted and reinstated to his former position.
If a person has difficulties with one of the listed events, then the legislation provides time to resolve these issues without interrupting his work experience.
How many days is considered continuous service?
The length of service is maintained as continuous for the duration between dismissal and starting a new job. no more than 1 month.
Exceptions to this rule are:
- transfer of one of the spouses to work to another area;
- care upon achievement retirement age.
The internship may remain uninterrupted with a gap of less than 2 months in the following situations:
- upon dismissal before the end of the contract a citizen who worked in the Far North;
- upon dismissal of a person, operating abroad.
How to maintain continuous work experience with a three-month interval in work?
You can leave your work experience uninterrupted in situations established by law.
The period of service is continuous when:
- a citizen is studying in higher or secondary educational institutions, graduate school or residency.
Condition - the duration of the break between dismissal and admission to an educational institution does not exceed the time established by law.
- when a citizen is a family member of an employee sent outside the state to work in various structures if the period of time from return to entry to work does not exceed 60 days;
- for seasonal workers who have worked for one season who have entered into a contract to work for the next season and have begun performing their duties within the agreed period;
Applies to industries where seasonal work time is allowed to be summed up.
- treatment time in dispensaries in the situation when the duration of the break between the end of treatment and registration for a position is no more than 30 days;
- serving correctional labor at the place of work(only provided that the citizen was not deprived of liberty).
How to calculate continuous experience in 1C?
The duration of uninterrupted work can be calculated using the 1C program “Salaries and Personnel” or independently.
To calculate using the program, data on hiring, dismissal and new employment are entered into the required columns. Then click the “calculate” button.
You can make a calculation on one's own.
The calculation principle is as follows:
- To make calculations using a calculator, The dates of employment are subtracted from the date of each dismissal. If the interval between dismissal and new employment is no more than 3 weeks, the results obtained should be summarized. Breaks exceeding 3 weeks are not taken into account.
- If a citizen quits within one year 2 or more times, then this year does not apply to uninterrupted service.
- The employee has the right to increase the break to 1 month who was forced to leave his previous workplace for serious reasons (subject to documentary confirmation of this fact).
- For citizens who worked in the Far North or similar territories, the break is 2 months after dismissal, and that period remains continuous.
- Duration of a break in work for those who are laid off due to liquidation or reorganization enterprises is 3 months. The same applies to people who quit due to health reasons or disability. This length of service will also be considered uninterrupted.
- Activities for women will be considered uninterrupted, who were forced to interrupt work due to the need to care for a child with a disability who has not reached the age of 16 years or for those mothers whose children have not reached the age of 14 years.
Documents for calculating continuous work experience
The length of service is calculated according to the information specified in a number of documents that confirm the fact of a person’s work activity and are drawn up in compliance with all requirements.
The citizen is required to present: 
- original labor books;
- military ID(if available);
- original contract about hiring;
- certificate from the organization where the work activity was carried out;
- payment statements labor;
- in some situations will be required references from archives.
The period of continuous work is calculated, taking into account both the main position and part-time work.
Calculations are carried out in accordance with calendar days.
If a woman with young children worked part-time for family reasons, this period of time is also counted as length of service.
In controversial situations, when it is not possible to understand whether omissions were valid reasons for interrupting work, you can obtain clarification from the relevant authorities.
In Soviet times, the term “continuous work experience” was used very often; it was significant when paying pensions. New Russian legislation has changed the status of an employee’s continuous length of service, essentially replacing it with insurance.
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It should be noted that the concept itself has not disappeared from the labor code, but its significance today is somewhat exaggerated. Let's talk about how to calculate length of service and why it is necessary.
What it is
The work activity of a citizen is associated with a number of difficulties. Some people don’t like their work, others have had their salaries reduced. I have to quit and look for a new job.
Continuous work experience implies a consecutive period of work without significant breaks. This is exactly what was most often encountered in Soviet times, when they knew nothing about layoffs and there were jobs for almost everyone.
When calculating continuous service, a period of 1-3 months can be considered a significant break. It all depends on the reason for lack of work in each specific case.
According to the Labor Code of the Russian Federation, the norms for the period of unemployed are as follows:
The period of service cannot be interrupted due to a number of circumstances:
- when a working woman goes on maternity leave;
- when studying at a university, if the student is paid a scholarship;
- if a citizen recognizes himself as unemployed immediately after dismissal and registers at the labor exchange (and benefits are paid);
- when conscripted for military training;
- when studying at advanced training courses;
- forced absenteeism, if the court proved that the employee was fired illegally, which served as a reason to be reinstated at his previous job;
- upon official registration of the disease (issue of a certificate of incapacity for work);
- taking part in public works on a paid basis;
- moving to another locality in the direction of the employment center;
- in preparation for military service.
A number of situations do not count towards a continuous period, but a number of situations do not interrupt it:
- off-season break if a citizen works seasonally;
- time of serving a sentence for committing a crime in the form of correctional labor.
Each of these cases must be formalized. The legal consequences of continuous service are minimized today. If previously this indicator influenced the amount of pensions, today it concerns only incentives for certain categories of working citizens.
Also, the length of service is retained in three special cases:
- When a citizen is dismissed due to the need to care for a child infected with HIV (after the child turns 18, the employee is required to return to work).
- If a pensioner retired due to age, but returned to work in his specialty (including for military pensioners).
- When a serviceman is dismissed due to the outbreak of a military conflict outside Russia, after which he returns to his previous activities.
Since 2002, the legislation of the Russian Federation has been changed in that part that concerns pensions and calculation of length of service. Some categories of workers, for example, workers of the Far North, doctors, and so on, are guaranteed additional bonuses for continuity of service.
How to calculate from a work book
For an accurate calculation, a citizen will need the following documents:
- employment history;
- military ID;
- certificate from the employment center;
- an agreement with the university with statements on the appointment of a scholarship;
- archival references;
- employment contract.
The main document for calculation will be the work book. In some cases, nothing else will be needed besides it.
The formula is:
NTS=Ʃ PNR
- NTS - continuous work experience;
- PNR - periods of continuous work with minimal breaks established by law.
Calculation example: citizen Kondratyev worked at the Zarya enterprise from January 10, 1996 to December 30, 2016. Then he was fired due to staff reduction, and he got a job on 02/01/2017 at the Focus company in the same position, where he worked until 03/01/2018.
At the first enterprise, the citizen worked for 20 years, 11 months and 20 days. On the second he worked less, 1 year and 1 month. We add these two periods and get a total continuous length of service equal to 22 years and 20 days.
There will be no difficulties with the calculation if the reader takes into account the permissible periods of interruption of service between dismissal and taking on a new position.
When calculating, it is important that the type of activity is maintained when changing jobs. A change of profession will interrupt the continuity of experience. For example, a doctor worked in a hospital for 18 years, after which he quit and started doing business. In this case, the period will be interrupted.
Continuous work experience must include part-time work and part-time work. If the data is not included in the work book, you will need to raise a contract with the employer.
When calculating, the data is easily verified. You can submit a request and determine whether the employer paid statutory contributions and taxes during the specified period. If not, it will be more difficult to prove continuity.
The length of service is calculated in full years and months.
What are the risks of interruption?
The labor activity of every citizen affects social security in the future. Today, the amount of pension payments is calculated not on the basis of the total continuous length of service, but on the basis of the insurance period.
From the official salary, each employer pays not only taxes for the employee, but also insurance premiums. The higher the contributions and the longer the payment period, the larger the pension will be. No other length of service may affect this calculation.
Continuous length of service only affects social benefits for certain categories of workers:
- medical workers;
- teachers;
- workers of the Far North.
The Labor Code of the Russian Federation in 2020 does not explain the concept of continuous work experience. We can safely say that this concept has been abolished today, and rare categories of citizens have to calculate the period of working activity. It is considered much more important to learn how to correctly calculate the insurance period.
Official labor activity is recorded in the work book. The time period of employment is length of service; it is divided into four main components that clearly define the range of work capacity and a rational calculation of accumulated experience.
What does work experience consist of?
So, their four components of experience are:
- generally accepted or continuous - this is a period of time during which a person was officially employed and there is documentary evidence of this - entries in the work book;
- preferential - this is length of service for work at special enterprises that reduces the employee’s immunity;
- special - this is a period of labor activity that allows an employee of precessional age to receive a pension in the future;
- insurance (pension) is a period of time when a person made a mandatory payment to a state pension insurance organization, with an amount equal to the minimum insurance contribution.
According to the labor legislation of the Russian Federation, working citizens have the right to retire at the age of 60 for men, and at the age of 55 for women.
Federal Law Regulations Art. 11, art. 7
According to current laws, the length of service is influenced by the following factors, if no payment has been made to the pension fund:
- presence of military service;
- pregnancy or maternity leave to care for a child under three years of age;
- child custody;
- limited capabilities of the child;
- Availability of advanced training.
How is continuous work experience considered if you have a package of documentation: an agreement with the employer, papers confirming the payment of a monthly salary, information about the place of work.
Note! When giving civic duty to the homeland, while undergoing military service, a serviceman, in accordance with the law on the protection of the rights of military personnel and families, counts his period of service as length of service. To confirm this length of service, you must have an internal passport, a military ID and documentation from a military hospital where the fact of passing a medical examination was recorded.
In order for study at a higher educational institution to be accepted as a work experience, it is enough to present a diploma and certificates from the archive at the time of admission and graduation from the university.
Having issued guardianship over a child with disabilities, the guardian is accrued length of service until the child turns 16 years old, and the opportunity to receive it is possible while caring for a disabled pensioner (but then it is necessary to provide sick leave with a doctor’s report).
Wives of officers also have the right to gain seniority through their spouses.
How is continuous pension service calculated when the pension calculation process is in progress?
For correct calculations, it is necessary to submit certificates confirming payment of contributions in full to the Pension Fund of the Russian Federation. If an employed person has paid less than the specified amount, then, consequently, the month of payment will be credited only partially.
Important! Continuity of service during the issuance and registration of pensions applies exclusively to employees of medical and social organizations and centers. Also, citizens of the Russian Federation may receive a fine for official work that was located outside the country.
If, upon registration, the applicant does not have enough years to qualify for the minimum length of service for the purpose of issuing a pension, he has the right to pay extra for it. The maximum payment limit is five years.
The difference between modern counting
To correctly calculate the accumulated years for applying for a pension, Pension Fund employees use the pension calculator program. The system correctly calculates length of service online. How to calculate continuous work experience, it is calculated based on the formula: D = ZP × KS × KM, where the marking “d” is an additional payment for the length of service, “salary” is payment from the minimum wage, “ks” is the compensation percentage coefficient, with a single payment , “km” is the number of months that are missing.
Note! In 2011, there were changes in regulations on length of service and payment of pensions.
Negative changes in the calculation of continuous work experience are:
- The retirement age depends on the date of birth. For example, fifty-five years is the retirement age for those born in 1956, and for those born in 1961, the retirement age is calculated upon reaching 60 years of age;
- the age pension threshold has been increased;
- women can retire with over thirty years of work experience;
- there was a change in laws providing protection for pensioners and veterans;
The advantages of the amended resolution are increased pension accrual and a high level of protection for pensioners.
The differences in the modernized calculation are as follows: in 2018, there is a possibility of reducing the insurance period coefficient by one percent for each year of work. Previously, this value was equal to one and a half percent.
This is a terrible change, because even if you start working at the age of sixteen, you will only receive forty-five percent of the average salary towards retirement.
Key benefits of continuous work experience
Continuous work experience or continuous work experience is the entire period of work activity. Its main advantage is the regulation of the issuance of pensions and the guarantee of protection from the state in the event of any problems associated with the accrual of continuous service.
Pension points
Also, permanent work experience is characterized by work at one enterprise, company or organization, or at different enterprises, but without periods recording absence of work.
Information about periods of work in an organization or enterprise is contained in the work book.
Note! Vacation periods (1 month or 2 weeks) will not reduce the length of service. It can only be reduced by absenteeism or voluntary dismissal from work.
There may be exceptions, for example, a break from work due to illness. In this case, even when moving to a new job, the employee may be delayed in returning to work due to health reasons, only if he has a medical certificate certified by a doctor or chief physician. Documents on health status must be issued only by a medical institution.
Also in a situation where, as a result of an illness, a person has become disabled. Then the accrual of experience will take place in a special manner, as for people with special needs.
Also, the length of service cannot be reduced by transferring to another job. For example: one region has enough staff, but another region has a shortage of staff; in this case, the employee will be transferred to another job, but the length of service will be retained.
Note! Upon dismissal, for a period without work of up to three weeks, seniority will be accrued. That is, if a person quits, but within three weeks finds a new job and gets a job without any problems, then the length of service will continue to accrue. But there is an exception here too, in case of repeated dismissal. For example: a person worked at one job and quit of his own free will, then 2 weeks passed (the period during which even upon dismissal the length of service will be accrued) and he went to another job, worked there for twelve calendar days and quit, then the length of service ceases to be accrued if the dismissal was without good reason.
Mandatory facts for calculating work experience
Continuous service may be maintained upon re-dismissal (at one's own request), for good reasons:
- disability is an illness that, based on medical indicators, indicates a decrease in working capacity, forcing a decision to give up work of one’s own free will (for example, pregnant women);
- caring for children under three years of age or another family member. Caring for children under three years of age and the period during pregnancy assign the accrual of seniority to the employee. Also, if there is a person in the family with a group 1 disability, this is also considered a valid reason for maintaining the length of service, but only if there are appropriate hospital documents confirming the group assigned to the child;
- admission to a university or other educational school, completion of training for a scientific degree - postgraduate study;
- in case of violation by the employer of working conditions, which are recorded in regulatory labor acts;
- moving to another area due to transfer to another job by one of the spouses.
The continuity of service is preserved if the employee was dismissed at his own request for reasons: pregnancy, caring for young children or persons under sixteen years of age, caring for a disabled person, or caring for a daughter or son of students who have not reached the age of majority.
Example of marking dismissal for good reasons
In accordance with the Resolution of the Supreme Council of the Russian Federation dated April 10, 2000 1420-1 “On urgent measures to improve the condition of women and protect the rights of mothers and children,” a female person will be assigned continuous work experience for the issuance of disability benefits in cases related to education a child who is under fourteen years of age or if the family has a child with disabilities who is under sixteen years of age.
In other cases of termination of an employment contract with an employer, continuous length of service is not maintained, based on current legislation. For example, expulsion from work for absenteeism, conviction or trial.
So, persons who have reached the age of 60 have the right to try on the status of a pensioner; for men, the pension threshold for women is 55 years. When an employee resigned at his own request due to valid reasons, an entry with the reason for dismissal must be noted in his work book. For example: “Dismissed of her own free will to care for a child with a disability” and the corresponding document must be attached to this entry.
If the dismissal did not occur for unjustified reasons, then the employee deliberately interrupts his service, risking not completing his well-deserved pension. How to calculate continuous work experience until retirement, for deduction it is enough to use the formula: D = Salary × KS × KM.
The concept of “Continuous work experience” (NTS) arose in the last century, and was defined in the Labor Code of the Soviet Union. In those days, continuous work, especially in the same team, made it possible to receive additional bonuses from the state and an additional coefficient to the standard pension.
After the 2006 reform, the concept of NTS is used, but there is no strict legal definition of “continuous work experience” in the legislation of the Russian Federation, the state does not take it into account, and benefits from the state or all-Russian social funds for continuity of total length of service are not provided.
Insurance, general and continuous experience
Currently (at the beginning of 2018) in Russia, only the insurance experience (SPS) is taken into account, which is divided into two subcategories: general and special. The concept of “continuous insurance period” is not used, because the insurance period is calculated by simply summing up the periods of contributions, and the intervals interrupting them are ignored.
The word “insurance” is often left out of conversations and confusion arises between the terms. The ATP includes only those periods when contributions were paid to the Pension Fund, and some others specified in the law. The years and months during which deductions were made are summed up and the final figure of the insurance period is obtained. The pension is calculated based on this figure. Continuous service does not matter for pension.
The years in which a person worked, but no contributions were made to the Pension Fund, are not included in the insurance period and are not used to calculate pensions and benefits. The concept of “general length of service” without the word “insurance” has lost its former meaning, as well as the concept of “continuous service”, which is now used in a different sense than before.
NTS until 2006
Until 2006, the concept of continuous work experience was used for calculations and was taken into account as it was interpreted by the resolution of the USSR Council of Ministers of 1973. Continuity of work influenced the size of the pension, and was taken into account in some other calculations of social benefits. The length of service was considered continuous, even if a person changed his place of work, moving from one enterprise to another, but the period of his unemployment was no longer than that specified in the law.
In 2006, the Constitutional Court of Russia recognized the standard from the times of the USSR as not corresponding to new realities and the current Constitution, and canceled its application.
NTS after 2006
The concept of global (general) continuous work experience no longer exists; only time worked in one organization is taken into account. The period from the beginning of employment in the organization is considered as the beginning of continuous service, and is used only for accounting at the last place of work. The fact of continuity of service no longer affects the amount of the pension and the amount of sick leave pay, but it is taken into account, for example, when calculating the next vacation.
By internal regulations of the enterprise, management can determine additional benefits and bonuses for employees based on the continuity of their work. These standards are not mandatory by law, and are part of the incentive system for maintaining loyalty of a particular enterprise.
The abolished term NTS was not written down in the current letter of the law and is not interpreted, but it has been preserved as a concept and is used in some industries and certain regions of the country, based on the “spirit of the law” and by-law commentary explanations to the Labor Legislation.
How to calculate continuous service
NTS is a period of time worked without significant breaks. Typically, one month is considered an insignificant break. Continuous length of service is calculated to calculate salary bonuses and length of service for certain categories of employees.
Any length of service is expressed in whole years, months and days. The day of hiring and the day of dismissal from work is considered one day. The number of months greater than 12 is converted to a year and added to the number of years; the number of days greater than 30 is converted to months and added to the number of months. The result will look something like this: NTS = 5 years, 8 months, 12 days.
A special case is the calculation of the Soviet and post-Soviet periods. For the period of employment until 2001, an increasing percentage is applied at the rate of 1% for each confirmed year of experience. Practice shows that when calculating the NTS, the “Soviet-style” methodology is used and short breaks in work are ignored.
Exceptions to the rules
Labor laws provide several exceptions for calculating NTS. Exceptions relate to the duration of breaks in work and the conditions of continuity of service when changing enterprises. Continuous work experience is maintained in the following cases:
Exception for the Far North
For the regions of the far north, salary supplements are applied as compensation for difficult climatic conditions. The amount of the bonus depends on the total time worked by the person in these conditions. For the calculation, the entire length of service of the employee in a difficult climate is taken into account, regardless of the enterprises where he worked. The list of regions in which this standard for taking into account continuity of service is in force is determined by the Government of Russia:
- the south of the Far East and Krasnoyarsk Territory;
- Irkutsk;
- Arkhangelskaya;
- Chitinskaya;
Republic
- Karelia;
- Komi;
- Buryatia;
- Tuva;
For those working in these regions, continuous work experience after dismissal is maintained if no more than two months have passed since the termination of the employment contract with one enterprise and employment at another.
Exception for doctors and teachers
The second exception applies to doctors and teachers. Their continuous work experience is considered based on the fact of employment in the industry, regardless of how many and which schools the teacher has changed, in which hospitals or clinics the doctor has worked, even if they are transferred from one place of work to another within the framework of their specialty.
For example, continuous medical experience is maintained if the physician between the previous and new employment did not exceed the established period of one month.
Exception for foreigners and when working abroad
Foreigners from states with which the Russian Federation has concluded agreements, citizens of Russia working abroad, receive the right to a break from work equal to 2 months.
Exception for forced inability to work
When an enterprise is restructured, a laid-off employee gets three months to find a new job.
In case of a work-related injury, the healing time is not taken into account, and after rehabilitation, three months are provided for employment without loss of non-technical skills.
Exceptions for family reasons
Continuity of experience is maintained:
- When a spouse is transferred to another place of work with relocation, which means forced dismissal.
- When a child with HIV is reinstated to work after coming of age.
- Pregnant women upon dismissal at the initiative of the administration.
Exceptions for working pensioners
For working pensioners, the NTS is retained upon returning to their previous job, without taking into account the duration of the break.