The Labor Code currently in force in Russia provides for the concept of “continuous experience”. Further, we consider its main features, how long the length of service is considered continuous upon dismissal at will, as well as the main advantages of the service.
General concept
It is worth noting that modern labor legislation in force on the territory of the Russian Federation provides for three types of length of service: special, general and continuous. We will talk further in more detail about the latter.
So, a continuous experience is a certain number of periods of continuous labor activity of a particular person at the same employer. Labor legislation also allows several employers to conduct such activities in turn, but in this case it is important to take into account the fact that in this case the length of service will be considered continuous only when there has been a short time between the change of places. In other words, if a person wants to extend the period of continuous experience and at the same time change his employer, then he should as soon as possible find a new job for himself.
It is important to understand that in the modern world, an employee having continuous experience gives him the opportunity to use a host of additional and very beneficial preferences. Briefly, the main advantages are the accrual of salary allowances for such an employee, individual bonuses, the provision of a longer period for vacation, etc. Moreover, the existence of a long continuous experience allows the employee to receive increased compensation payments, if such provision is required.
Normative regulation
How is the regulation of issues related to the features of the miscalculation of continuous work experience after dismissal at will? The Labor Code of the Russian Federation, as well as Government Decision No. 189, are the main documents of a regulatory nature, the content of which provides for mechanisms for regulating the process under consideration. They spelled out not only the very concept of continuous experience, but also the procedure for calculating it, as well as a complete list of the privileges that workers who work without a long break can enjoy.
It is important to note that issues related to the calculation of compensations for persons with continuous working experience are carefully disclosed by the content of the articles of the Federal Law "On Social Insurance".
How is continuity of service confirmed?
Special attention should be paid to how exactly the continuity of experience with the employee is recorded. It is worth noting that, in accordance with regulatory acts, today the official calculation of the period under consideration is based on data provided by such documents as:
- an individual contract for the performance of a particular work concluded with a citizen;
- statements made by the place of work;
- payroll statements;
- employment history.
What if there are no documents confirming the continuity of experience?
The practice of applying labor legislation often shows that in certain cases it is rather difficult to establish the duration of a continuous experience. What to do in this situation?
For all those who find themselves in the described situation, experienced legal practitioners strongly recommend applying to the Insurance Fund to which the employer made contributions.If there is an appropriate appeal, these bodies are obliged to provide a certificate reflecting the receipt of certain amounts - on the basis of this, you can confirm the experience in certain periods and, as a result, establish its continuity.
When is continuous service interrupted?
As already mentioned above, the experience is considered continuous in which the process of changing the place of work is not delayed for a long time. During what period will the length of service be considered continuous after dismissal at will? According to the law, there is a set period of time between work activities in which the length of service will be considered as such - 30 days (in the event that the employee was dismissed at his own request). In the event that the dismissal was made on the initiative of the employer, then the citizen must find a new job within 21 days, otherwise the continuity of his seniority is violated. The same applies to cases where an employee was dismissed on his own initiative, but without indicating justified reasons.
It is important to note that for workers working in the regions of the Far North, the period during which they will remain uninterrupted during their dismissal at their own request (according to the Labor Code of the Russian Federation) is extended to two months. The same period is set for employees of Russian companies operating outside the country.
In the event that the employee was dismissed from service due to the reorganization of the enterprise or its liquidation, then his experience will not be interrupted for another three months from the date of signing the order on his dismissal.
Are there any cases where the experience is considered continuous indefinitely? Yes, the legislator has provided for such situations. First of all, without any time restrictions, those military personnel who have at least 25 years of experience in the specialty, as well as combat veterans, are entitled to look for a new place of work. In fact, a rather long period for finding a new position with the possibility of maintaining continuity of service is provided for State Duma deputies - six months. As for the persons serving in the ranks of the Armed Forces of the Russian Federation, the period under consideration is also provided for them rather long and its duration is not more than a year.
When the continuity of experience can not be broken?
In addition to all of the above, the legislator defines other cases in which the continuity of experience is not violated. These include leaving the place of work upon reaching retirement age, as well as dismissal caused by a sharp change in the place of work or residence of the spouse, which was due to circumstances at his / her work.
In addition to all of the above, continuity of experience is not violated even when a woman is on vacation due to an impending birth, as well as during pregnancy.
Benefits of Continuous Experience
It is important to understand that according to the Labor Code, the continuous experience after dismissal of one's own will provides the employee with a whole range of advantages. Let us consider them in more detail below.
First of all, an employee who maintains the continuity of his seniority gets the opportunity to accrue additional allowances to his own wage. It is important to remember that this advantage is available only to those who work in the public service.
A person with continuous work experience receives increased social benefits, calculated in proportion to the total length of service. In addition, it is also important to remember that the experience in question allows the employee to receive increased and additional bonuses and the number of vacation days in excess of that which is expected of all other employees.
As indicated in the content of the Labor Code, continuous experience after dismissal of one’s own will still allows a person to apply for leadership positions provided that there are enough years worked.
Surcharge Amounts
As noted above, one of the main advantages of a continuous experience is that certain bonuses are accrued to employees who have it. Let us consider their sums in more detail below.
So, suppose a person continues to maintain a continuous experience after being dismissed at his own request. How much are his salary increases? So, if his total continuous service is 5 years, then the person receives 60% of the total amount for his own wage. In the event that this period is from 5 to 8 years, then the size of the allowance is 80% and if there is an experience of more than 8 years, the allowance will be the full amount of wages.
It is important to understand that in order to receive additional amounts on a monthly basis, it is important to strictly ensure that the employer pays all insurance premiums prescribed by law for each period, because otherwise the employee will not be able to apply for the consideration in cash.
Features of continuity of experience for medical workers
It is worth noting that some illiterate Russians believe that for workers in certain areas (in particular, medicine), length of service is calculated according to special rules. This is actually not the case.
In medicine, in particular, after dismissal of one’s own free will, the length of service will be only when the person has continued to conduct his activities in the specialty for 30 days from the date of signing the dismissal order. It is also important to note that doctors do not have any special benefits when calculating seniority - this happens solely on the basis of pension legislation.
It is important to note that upon dismissal of one's own free will and employment in a new place, a forced temporary break is also included in the length of service of the employee, as is the case with any other specialist.
It is important to note that in the case of medical workers, the continuity of their experience is inviolable if they were dismissed from a healthcare organization, after which they were employed as a teacher in disciplines related to their previous type of activity (and vice versa).
Features of the calculation of continuous experience in calculating sick leave
It is known that the period during which the employee conducts his labor activity has a direct impact on the amount of payments due to him in case of going on sick leave. It is important to note that the duration of continuous experience is of great importance. At the sick-list (after dismissal at will) any periods during which the employee was engaged in labor activities can be taken into account. However, an important point is the availability of contributions paid by the employer for each of the indicated periods.
The nuances of maintaining continuity of service
Speaking about the features of a continuous seniority upon dismissal of one's own free will, you should definitely pay attention to some nuances that should be taken into account if you wish not to stop the duration of employment.
The legislator indicated that the continuity of experience will be maintained not only subject to certain deadlines and reasons provided for by labor legislation, but also when changing jobs not more than once a year.
Continuity of service cannot be observed if the employee is fired due to disciplinary action against the employee.
It is important to remember that for three years, childbirth and pregnancy are good reasons for maintaining continuity of experience for female employees.
Is there a continuous experience when entering the labor exchange?
As you know, after dismissal at one’s own will (according to the Labor Code), continuous experience is considered only when a person has managed to find a job at another place of work within a certain period. It is important to draw your attention to the fact that, in accordance with the rules established by law, a person who has registered with the Employment Center acquires the status of an unemployed person, on the basis of which he is not entitled to continue to apply for continuity of service even if he continues to work within the permissible time frame .
It is worth noting that there is a significant exception to this rule: if an employee was dismissed on the initiative of the employer and without any disciplinary sanctions applied to him, then he has the right to be registered with the Employment Center without risk of termination of the length of service.
The consequences of interruption
What happens if a person’s experience is still interrupted for any reason? Consider this in more detail.
On the basis of the provisions presented in Russian law, in the event that after termination of his own free will, the length of service has been violated, then the length of service is considered interrupted. A significant consequence of this situation is that the employee instantly loses all the benefits that were laid on him on this basis until the moment when his labor activity in the new field again acquires the importance that is important for receiving them.
Based on the foregoing, it is worth concluding that continuity of service is of great importance for those who work in a certain field of activity and receive their allowances, as well as apply for an increased pension.