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 found a better paid workplace.
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 job without any problems. new job. 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 work experience itself consists of the time during which a person has official work(this also includes own business activities). Its concept is disclosed in Federal Law No. 166-FZ of December 15, 2001 on pension provision. based on the wording in the law, work experience– this is the total duration of work, which is included in the insurance period of the 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But in the current labor legislation, the concept of length of service as such has disappeared; it has been replaced by the citizen’s insurance experience.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. Depends on this future pension, and payment of disability and maternity benefits. 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).
Every citizen cares about ensuring his old age. However, there are times when a person cannot continue his professional activity due to dismissal. In such a situation, the question arises: is the work experience interrupted or not? If you are concerned about this issue, pay attention to the contents of the article.
How many days is the work experience uninterrupted after dismissal from the Labor Code of the Russian Federation?
Due to new reforms in the pension system, the concept of continuous work experience has lost its former significance for most categories of workers. However, representatives of public sector enterprises and the public sector should know when seniority is interrupted. This is due to the fact that they may be deprived of government benefits.
Continuous length of service means long-term professional activity without significant breaks.
By Labor Code Continuous service after leaving work continues to be considered for a month.
If the employee was dismissed due to serious violations, then continuous service is not maintained. Such violations are defined as:
- Failure to fulfill assigned duties;
- Absence from work without good reason;
- Theft or damage to production property;
- And other violations provided for by law.
Depending on whose initiative the resignation occurred, you can determine how many days of service are not interrupted after dismissal:
- If you leave at your own request and there are no serious circumstances, this period is three weeks;
- At your own request, with clarification of valid reasons, one month;
- By agreement of the employee and employer, one month;
- When reducing the workforce, three months.
When is the length of service interrupted after voluntary dismissal?
If you have a desire to leave your place of work, you should know how long your work experience will be interrupted after dismissal. The period during which the duration of continuous service upon dismissal at one's own request is maintained is short-lived.
- If a valid circumstance was not indicated in the application for leave, then this period is equal to three weeks;
- When designating the corresponding motives this period may be extended for a week;
- If dismissal at the request of the employee is repeated several times during the year, then continuity of work is not maintained.
- You can avoid interruptions if you search for a new place of work while on vacation.
Duration of continuous work experience after dismissal by agreement of the parties
The possibility of dismissal by agreement of the parties is provided for by the Labor Code of the Russian Federation. In most cases, the contract between the parties can be canceled by agreement of the parties. However, another contract may be terminated in the same way. Consent must be provided in writing. If an agreement to terminate the contract has been reached, then the period of continuous work experience after dismissal will be equal to one month.
In what cases is work experience not interrupted after dismissal?
The law provides for cases in which length of service does not cease to be maintained. The list of such circumstances is as follows:
- When changing jobs within one month;
- When canceling a contract by women who are pregnant or have children under 14 years of age or a disabled child under 16 years of age. The service will not be interrupted until the child reaches the specified age;
- For working citizens of the northern regions, breaks from work should not exceed two months;
- When military personnel serve under a fixed-term contract. If the period between dismissal and new employment does not exceed a year;
- Maternity leave, including parental leave;
- Termination of the organization's functioning;
- The period after retirement;
- Upon dismissal in regions with a high percentage of unemployment;
- When returning to office after the removal of an unjustified sentence;
- Carrying out paid public works.
There are situations when, for some reason, you have to leave your place of work. Then the question of breaks in work experience after dismissal becomes most relevant. To obtain as much information as possible on the relevant topic, you should refer to the provisions of labor legislation.
Is maternity leave included in the length of service?
The birth of a child is a long-awaited and joyful event. Every young mother strives to spend as much time as possible with her newborn...
Is military service included in length of service?
The life of every person is filled with various events and stages. Each of them affects the duration of its...
Work experience during parental leave
Birth of a baby important event in every family. It should be noted that the legislation guarantees working mothers a wide...
How to calculate length of service using a work book?
Sooner or later, every citizen begins to worry about the issue of providing for his old age. The state provides various social…
How to calculate length of service using a work book?
Throughout life, a person goes through certain stages that subsequently influence…
Minimum length of service for calculating a labor pension in Russia
Pension system Russia has repeatedly undergone adjustments. In view of new changes, the question of work experience becomes relevant...
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” in general 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 the employee resigns of his own free 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 Russian Federation entered into a social security agreement).
Three months - if the employer reduced staff or headcount, 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 was absentee, came to the 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.
(click to open)
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.
The law sets the general break period at 1 month, which can reach 2-3 months, for example, for workers in the Far North. All in specific case depends on the circumstances of the dismissal. Sometimes the integrity can be challenged working years with a break of 1 year.
Circumstances under which length of service is canceled
Knowing how many days after dismissal the period of employment is interrupted and without allowing any delay, you can still reset the period of permanent employment. This happens for two reasons:
- Change 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 maintained:
- 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 start 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 where 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.
