home Preparation After how long the experience is interrupted. Medical experience: interrupted in what cases? How long does it take to interrupt medical work? When work experience is considered continuous

After how long the experience is interrupted. Medical experience: interrupted in what cases? How long does it take to interrupt medical work? When work experience is considered continuous

Last modified: June 2019

Employees of the organization, enterprises that have worked for a long time in one place, count on preferences from the administration, the state, they are interested in: what length of service is considered to be continuous, what is considered to be, what is the effect of the interruption of the length of service, how the length of service is interrupted, how many days it is interrupted.

What is continuous work experience

It should be noted that today the term has lost its widespread use. Instead, the term "insurance experience" is used.

Continuous work experience is the time spent in one organization. It starts with the hiring of an employee and ends with his dismissal. In some cases, employment in other organizations is added here. It was used for calculating maternity, sick leave, and influenced the size of the future pension. The counting rules were introduced by the Decree of the USSR Council of Ministers dated 04/13/1973 No 252., today they are no longer valid.

Which period can be included in it, and which should not, is discussed below.

From January 1, 2007, the period when compulsory insurance payments were made for a citizen began to be used to calculate sick leave. A break in work does not interrupt work experience.

When is it not interrupted

The continuity of work experience is maintained if the break between work is no more than two months.

These include:

resigned due to the expiration of the term of the contract from organizations located in the Far North and equivalent territories;
those who have returned from work abroad, dismissed from domestic and international organizations;
immigrants from states with which a social security agreement has been concluded, the period is counted from the date of arrival in the country.

Stored for up to three months in cases of termination of the contract for reasons:

reorganization, termination of activities, reduction of staff (number);
illness, disability, the period is counted from the day of recovery;
inability to perform work according to the position (specialty) due to ill health;
reducing the number of classes primary school if the contract is terminated with the teacher, whose students have moved to the fourth grade.

It is retained upon termination of the contract with pregnant women, mothers until the child turns 14 years old, and a disabled child - 18 years old.

It is saved without taking into account the duration of the break in case of dismissal:

a female employee whose husband has been transferred to another locality, the same applies to husbands;
retirees, including retirement.

It is retained if three (four, if the reason is recognized as valid) weeks have not passed when changing jobs on the initiative of the employee.

When work experience is interrupted after dismissal

Consider in what cases it is interrupted seniority... The length of service is considered interrupted upon dismissal for the reasons:

improper performance responsibilities;
absence without a sufficient reason, absence from the workplace for more than 3 hours, appearance in a state of intoxication;
entry into force of a court verdict excluding continuation of work;
loss of confidence in the financially responsible;
the commission of an immoral act by an employee engaged in education;
at the request of the trade union.

Interrupted upon dismissal by on their own again within a year from the date of the previous dismissal.

Eligible periods

The periods are counted:

, The Ministry of Internal Affairs, if no more than three months have passed since it;
services, maternity payments, childcare benefits to a female military serviceman who was dismissed due to expectation, the appearance of a child, if she enters an organization, to study before the child turns 1.5 years old;
employment, paid practice of a student at a university, secondary vocational educational institution, graduate school, residency;
studies in colleges, vocational schools, if no more than three months have passed since their graduation;
advanced training, retraining, vocational training if they were preceded by employment or military service, the Ministry of Internal Affairs;
labor of the chairman of the collective farm in the direction of party, Soviet bodies;
absenteeism of an unfairly dismissed and reinstated employee.

When there is no interruption of experience, how many days are allowed

No interruption will occur:

after studying at universities, secondary educational institutions, postgraduate studies, residency, if from the date of graduation, deductions have not passed three months;
upon return to their homeland of close relatives of employees sent to work in domestic, international organizations, if no more than two months have passed since the date of return;
in the case of an off-season interval, if the employee worked the previous season and entered into a contract for a new one;
after being released from a medical and labor dispensary, if more than a month has not passed since the day of release;
when serving community service without imprisonment.

If during unemployment a citizen was sick, the interval is extended by the number of days of illness.

How many days is considered continuous work experience

Continuous work experience in Russia is calculated as follows.

Determine the time of employment in one place or add up the periods of work in different organizations, if there was no interruption. To do this, use a work book, supporting documents: educational diplomas, sick leaves, conclusions of medical commissions, and others.

Consider the example of the work of the Storeman, Alexandrova N.Yu.

Why do you need continuous work experience today

It is used by enterprises interested in reducing staff turnover, providing jobs with trained specialists, and ensuring the continuity of the production process.

The term continues to be used to calculate employee salary increments. medical organizations, employees whose labor activity takes place in the Far North and equivalent territories.

For example, employees of institutions dealing with dangerous infections are entitled to a 10% bonus per year of work, but not more than 60%, in some cases - 40%. (Order of the Ministry of Health and Social Development of the Russian Federation of August 28, 2008 No. 463n).

Second example. A bonus of 10% of earnings is due to those working on the islands located in the Arctic Ocean, after six months of work. Increases by 10% every next six months (Order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2).

It is used when determining the right of workers in the pedagogical sphere to a long vacation, up to a year, every 10 years of continuous pedagogical work (Article 335 of the Labor Code of the Russian Federation).

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Since 2002, when calculating a pension, only the amount of insurance contributions that was transferred to a citizen's personal account by his employers has been taken into account. It turns out that the insurance experience does not have a significant effect on the size of the pension - it is only important how much money has accumulated in your personal account. True, according to Law No. 173-FZ, you will receive a labor pension only if your insurance record is at least 5 years. Recently, more and more often you can hear criticism addressed to the existing system accrual of pensions. First of all, it is non-transparent and not very clear to most Russians. Secondly, it turns out that it is not at all necessary to work throughout your life - it is enough to devote only 5 years to this and at the same time receive a large salary in order to ensure yourself a good pension in old age.

Continuous work experience after dismissal of your own free will

Today more general concept work experience is usually subdivided into several more of the following groups:

general or insurance.

The total length of service means the final calculation of the entire working time of an individual without taking into account any breaks during which he worked on the terms labor agreement or was engaged in activities of a public type.
Starting from January 1, 2002, it is customary to associate general experience with insurance, denoting a certain interval of the career of an individual, during which cash to the Pension Fund.

If individual has a fairly significant experience of the insurance type, then it has the right, if necessary, to claim several types of pension benefits.

When work experience is interrupted after dismissal

If the duration of the insurance period is less, then the old rules apply, and only the continuous one is taken into account.
Accountants definitely need to know how many days after the dismissal the seniority is interrupted, otherwise it will be impossible to calculate the amount of various compensations, and in case of incorrect accrual, the dismissed employee may require clarification from the FSS of the Russian Federation or the Ministry of Labor. Despite the fact that since 2007 the calculation procedure has been greatly simplified and the length of service is interrupted from the moment of dismissal, there are still a number of nuances in which such an interruption can be avoided:

If you need to quit your job at will for employment for more profitable job, it is best to take a vacation followed by dismissal.

Continuous work experience - how many days? what are the conditions for maintaining continuous experience?

Attention

For citizens who resigned of their own free will more than once within 12 months, even with a break between jobs for no more than 3 weeks, the continuity of service is not maintained. For maternity and pregnant women Parental leave may continue until the child turns 3 years old.

Info

This interval is counted in the continuous period of work in order to provide state allowances, payments and guarantees, as well as additional payments by the employer, unless another definition of continuous length of service is provided for in the organization's internal regulatory documents.

Continuous work experience upon dismissal of your own free will

What are the benefits of continuous seniority for employees? Continuous work experience is the duration of a citizen's work in one or more organizations, if the period of unemployment in the intervals between employment did not exceed the established period.
To maintain continuous length of service, you need to know the following nuances:

if within one year the employee changed the place of work, then it is interrupted, even if all the deadlines are met.
if a citizen is dismissed "under the article", the period will be interrupted, even if the deadlines for placement to another employer are met;
if the employee was forced to interrupt work in connection with parental leave, this period is considered a good reason for keeping it.

How long does it take to interrupt work experience after dismissal 2018

a month after leaving the organization, you need to find a job in a new company;
for people living in the Far North, this period has been increased to 2 months;
the period can be increased to 3 months for persons dismissed from work in connection with the reorganization / liquidation of the enterprise or temporary incapacity for work.

In what cases is the seniority retained regardless of the break? Retention of seniority after dismissal of their own free will with a longer break is possible in the following cases:

upon employment in a new place after dismissal by one's own decision in connection with the transfer of a spouse to work in another locality;
upon employment after dismissal by their own decision in connection with retirement due to old age.

the need for constant care for a disabled family member, confirmed by medical documents;
illness of a citizen, which did not allow to continue working, as well as caused by living in a certain area (according to the conclusion of a medical institution);
relocation as a result of conscription or recruitment of workers for socially important work;
enrollment in a university or other educational institution;
violation by the employer of the conditions stipulated by the collective or labor agreement;
dismissal of a disabled person, a pregnant woman, a pensioner, a mother raising children under 14 years of age, as well as a parent of 3 or more children under the age of 16 (students under 18).

In such cases, continuous experience was maintained throughout the entire period of existence of the above reasons.

After that, they had to get a job within the prescribed 3-week period.
Confirmation of work experience is made in the Pension Fund of Russia upon presentation of a work book. It prescribes all periods of work, as well as the reasons for dismissal with the dates of employment and suspension from performance job responsibilities in one case or another. Additionally, you can bring with you a certificate from the place of work, which will confirm that the person has been working continuously in the organization for a certain period. Many people use a special experience calculator to correctly calculate this component.This is not the best step - the service has a lot of various parameters.

And they will have to be displayed in full. It is easier to independently implement the idea in relation to calculating how much a citizen has worked continuously.

But this is also done automatically without any problems.

In what case is the length of service lost

If the company is liquidated, then while on leave to care for a child, the work experience will include a period of up to 3 years, provided that the employee was registered with the Employment Center, but could not get a suitable job.
If an employee leaves in connection with a transfer to another organization, the new employer is obliged to employ him within a month: this is the continuity period.

Despite the fact that now the procedure for calculating the length of service has been significantly simplified, there are still some areas in which it is carried out according to the old rules established by the regulatory acts of organizations.
Nuances of interruption The nature of work in certain professional fields requires additional incentives from the state to increase the material interest and responsibility of employees for the performance of work requiring maximum care. Special conditions the calculation of continuous length of service established by the state for employees of state budgetary institutions the penal system and health care, which are paid seniority premiums as a percentage of their salary.

With regard to citizens employed in these areas, a number of additional periods have been determined, which are included in the length of service: the time of study, retraining, advanced training, internship, internship, etc.

In what case is work experience lost?

If an employee leaves the previous place of work for own initiative, then the period for continuity of experience is reduced to three weeks.

That is, having quit his previous job of his own free will, a citizen must get a new job within three weeks.

Does not interrupt service in the army under a contract, if between dismissal from armed forces and the conclusion of a new employment contract "in civilian life" has passed a period not exceeding 1 year. Continuous work experience includes the period of caring for a child until he turns 3 years old.

If, within 1 year, an employee quit of his own free will, then his length of service is interrupted, even if the terms for interrupting the length of service are observed.

Insurance experience - periods of work for which Pension Fund the employer pays deductions in the established amount. Work experience is confirmed by entries in the work book. and its duration is calculated by the administration of the organization or enterprise. The amount of pensions is calculated depending on the length of the insurance period. When determining the amount of temporary disability benefits (simply put, when paying for sick leave), the concept of interruption of work experience is introduced.

What threatens and what affects the interruption of work experience

In 2006, a bill was submitted to the Duma for consideration, according to which the concept of not continuous work experience, but general, comes to the fore. Previously, the length of continuous work experience depended on how much a person would receive payments on a sheet of temporary disability. If the continuous work experience was up to 5 years, then 60% of the salary was paid, from 5 to 8 years - 80%, more than 8 years - 100% payment.

Prior to the entry into force of this law, sick leave payments depended on the continuity of work experience. Now it depends on the duration of the general insurance coverage. Continuity of work today does not affect retirement benefits. Pension and disability benefits are calculated based on the duration of the insurance coverage. It should not be interrupted to pay for sick leave. If a citizen has more than 8 years of continuous insurance experience, then his sick leave is paid at the rate of 100% of his average earnings.

How long after dismissal is it necessary to get another job in order not to interrupt the general experience?

Since January 1, 2007, according to the Labor Code of the Russian Federation, the calculation of sick leave does not depend on continuous work experience. Now the amount of temporary disability benefit is calculated on the basis of work / insurance experience and depends only on the periods during which insurance premiums... When calculating the amount of pension, continuous work experience is not taken into account. When calculating the total length of service, the periods during which a citizen could not work are limited.

When work experience is interrupted after dismissal

Unfortunately, I cannot give a legal reference and I do not know if this practice has survived at the present time. FROM THE INTERNET Why do you need it?

Previously, it was necessary to calculate the temporary disability benefit (sick leave). Now, to calculate the sick leave, they take insurance experience (that is, the total length of service). Well, if this is so important to you, then upon dismissal on your own. If desired, the experience would not be interrupted when applying for a job for 3 weeks.

Continuous work experience upon dismissal

In general cases, it stems from the provisions of the legislative normative acts of the Russian Federation, although it is not directly indicated there. In order to establish additional privileges for employees by the employing company, continuous work may have a different meaning, which should be appropriately spelled out in the internal regulations enterprises. These acts cannot contradict the legislation or worsen the conditions for obtaining benefits for continuous work in comparison with its norms. How to dismiss in connection with the death of an employee? The instruction is here. According to the law, the interpretation of the norms of the law by specialists states that the time of work in one company or with different employers in cases where actual interruptions in activities are not considered as such from a legal point of view, constitutes a continuous professional. Time intervals when a person did not work for a good reason or was engaged in other activities besides hired work, are included or not included in the calculation of continuous duration of service depending on the occupation during that period. Separate legislative acts specify what actions, in addition to working for hire in a state or commercial company, are equated to work activity and are included in continuous work experience on an equal basis with it. contract service in the armed forces of the Russian Federation; alternative civilian service; work in the internal affairs bodies; performing the duties of a deputy of the State Duma, a member of the Federation Council; work on a collective farm or cooperative; activity of a trade union worker in an elective position, etc. In addition, the length of service includes in full the leave for pregnancy, childbirth and subsequent childcare. In some cases, an alternative activity, due to its obligation or special complexity, is included in continuous work experience in a larger amount of time than actually worked.

First, you need to figure out what counts as continuous seniority from the legislator's point of view. Taking into account the current norms of law, the employee's experience will be continuous if the period of absence of employment between two jobs does not exceed the regulated period. But you need to take into account a number of features when calculating the duration of the experience without interruption:

Even if all the deadlines are met, i.e. the employee quickly found a new place of service, but he had several such dismissals in a year, the experience will still be interrupted
If an employee quit and was immediately hired for another job, but the reason for the dismissal in the labor force is some kind of misconduct (the so-called dismissal under the article), the length of service will be interrupted
There are times when an employee is forced to quit a year and once or twice not of his own free will, but because of the need to look after his child, such an employee will not be interrupted

The legislator has provided some advantages for those employees whose seniority has been continuous for many years. For example:

Regular supplements to the basic salary in the civil service
Higher social benefits
The ability to receive a range of benefits
Eligibility for bonuses and additional seniority leave

What kind of break will not break your continuous experience

Continuous work experience after dismissal of his own free will will not be interrupted if the dismissed person is able to find a job again within 1 month.

ATTENTION: for residents of the Far North, the period between employment, which does not interrupt the length of service, is 2 months.

From this rule there is an exception: the continuity of work experience will be preserved if the reason for the loss of work is:

Reorganization of the company with reduction of positions / staff
Complete liquidation of the enterprise and all jobs
Period of temporary disability

Cases of maintaining the continuity of experience, regardless of the break

The employee was forced to resign from the previous place of work due to the transfer of the spouse to another locality
An employee resigned from his previous job due to the onset of the regulated retirement period

What is the risk of a break in work

If there is no valid reason to explain why your seniority was interrupted for more than 1-3 months, your seniority will be interrupted. Consequently, an employee who is not employed on time will lose the right to a number of benefits until he succeeds in finding a job again and working so much that the length of service continuity reaches the required value.

PLEASE NOTE: the continuity of work experience is relevant for those employees who apply for the appropriate benefits, have bonuses, are endowed with compensations for length of service.

The desire to certainly keep uninterrupted work experience after being fired of their own free will forces many to first find appropriate place work and make sure that he will definitely be employed there after his dismissal, and only then submit an application to the office.

The guarantee that you will be accepted on new job, there may be an official letter from the new employer on his letterhead with information that they are ready to accept this particular employee (name and date of birth are indicated) by transfer from the previous place of work.

This paper must be given to your employer upon dismissal, so that the basis for termination of the contract is the transfer to a new place of work. Then you will not lose a single working day. At the same time, carefully study the rules for transferring the days of earned vacation.

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According to most lawyers, seniority Is the total duration of labor, other socially useful activities and other periods specified in the legislation, with which certain legal implications... Moreover, these consequences can be taken into account in various industries Russian law. There is a length of service that gives the right to an annual basic paid leave, length of service to receive a percentage increase to wages, length of service in the legal profession required to acquire the status of a lawyer, length of service in the legal profession for the position of a judge, etc.

In fact, the concept of "seniority" is a collective term for several types of seniority. To date, the following are distinguished in social security law types of work experience:

1. Insurance experience:
a) general insurance experience;

b) special insurance experience;

2. Work experience:
a) general;

b) special (length of service);

3. Continuous.
The legal consequences of each of these types of work experience are different, as well as the list and conditions for the inclusion of any periods in each of them.

CONTINUOUS WORKING EXPERIENCE

Continuous work experience is the duration of the last uninterrupted work for a given employer, or work for several employers, taken into account when determining the amount of temporary disability benefit, if the break did not exceed the established deadlines when moving from one job to another.

This type of length of service is taken into account when determining the amount of benefits for temporary incapacity for work from a general illness (100, 80 or 60% of the employee's earnings, depending on the duration of continuous work experience) and is still regulated by the Rules for calculating continuous work experience of workers and employees when assigning benefits under the state social insurance approved by the Resolution of the Council of Ministers of the USSR dated April 13, 1973 No. 252 (hereinafter referred to as the Rules).

When moving from one job to another, continuous work experience is maintained, provided that the break in work does not exceed one month, unless otherwise provided by the norms of the current legislation.

Upon dismissal after September 1, 1983 of their own free will without good reason continuous work experience is maintained, provided that the break in work does not exceed three weeks. However, in our opinion, this provision contradicts the Constitution of the Russian Federation and, within the meaning of the ruling of the Constitutional Court of the Russian Federation of March 4, 2004, No. 138-0, cannot be applied as unreasonably infringing upon the rights of employees, depending on the reason for dismissal. Nevertheless, the Social Insurance Fund of the Russian Federation may continue to insist on the application of this rule, since the Constitutional Court of the Russian Federation does not mention it in its definition.

Continuous work experience is maintained if the break in work does not exceed two months, when applying for another job:

persons who worked in the regions of the Far North and areas equated to them, after dismissal from work after the expiration of the term of the employment contract;

v Russian Federation(USSR, RSFSR) after being released from work in institutions, organizations and enterprises of the Russian Federation (USSR, RSFSR) abroad or in international organizations;

in the Russian Federation (USSR), citizens who moved from countries with which the Russian Federation (USSR) entered into agreements or treaties on social security, after being released from work in institutions, organizations and enterprises of these countries. The two-month period in this case is calculated starting from the day of arrival in the Russian Federation (USSR).

Continuous work experience is maintained if the break in work has not exceeded three months, upon admission to work:

persons dismissed from enterprises, from institutions and organizations in connection with their reorganization or liquidation or the implementation of measures to reduce the number or staff of employees;

after the end of temporary incapacity for work, which, in accordance with the current legislation, entailed dismissal from the previous job, as well as upon admission to work after dismissal from work due to disability or after dismissal of persons with disabilities on other grounds for which more favorable conditions for maintaining continuous work experience are not established. The three-month period in these cases is calculated starting from the day of restoration of the ability to work;

after dismissal due to the revealed inconsistency of the employee with the position held or the work performed for health reasons that prevent the continuation of this work (according to the medical opinion issued in accordance with the established procedure);

teachers primary grades secondary schools exempted from school work in connection with the transfer of grades IV to the systematic teaching of the basics of science and the temporary reduction in the number of primary school students.

In case of termination of an employment contract by pregnant women and mothers with children (including those adopted or under guardianship or guardianship) under the age of 14 or a disabled child under the age of 16, continuous work experience is retained subject to employment until the child reaches the specified age.

Continuous work experience is maintained regardless of the length of the break in work when applying for a job:

after dismissal of their own free will in connection with the transfer of a husband or wife to work in another locality;

after dismissal of their own accord in connection with retirement on an old-age pension or after dismissal of an old-age pensioner on other grounds. This rule also applies to pensioners receiving pensions on other grounds (for example, for seniority), if they are also entitled to an old-age pension.

Continuous work experience is not preserved when applying for a job after the termination of the employment contract for the following reasons:

1. Committing by an employee of guilty actions, for which the law provides for dismissal from work. According to paragraph 52 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation Labor Code Of the Russian Federation "dismissal of an employee for repeated non-performance without good reason job responsibilities, as well as for a single gross violation of labor duties by an employee; for committing guilty acts giving grounds for the loss of trust, or committing an immoral offense, if the guilty acts giving grounds for the loss of trust, or an immoral offense were committed by an employee at the place of work or in connection with the performance of his labor duties; dismissal of the head of the organization (branch, representative office), his deputies or the chief accountant for making an unreasonable decision that entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization; the dismissal of the head of an organization (branch, representative office), his deputies for a single gross violation of labor duties (clauses 5-10 of article 81 of the Labor Code of the Russian Federation) is a disciplinary measure.

2. Continuous work experience is not retained in the event of a repeated dismissal after December 13, 1979 of their own free will without good reason, if 12 months have not passed since the date of the previous dismissal on the same basis. However, according to the definition of the Constitutional Court of the Russian Federation dated March 4, 2004 No. 138-0, the specified normative provision contained in sub. "And" clause 7 of the Rules and par. 2 paragraph 16 of the resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of 13 December 1979 No. 1117 "On further strengthening labor discipline and reducing the turnover of personnel in the national economy ", is not subject to application by courts, other bodies and officials as contrary to Part 1, 2, Art. 19, part 1 of Art. 37, part 1 of Art. 39 and part 3 of Art. 55 of the Constitution of the Russian Federation.

The rule stipulated by these norms that continuous work experience, taken into account when assigning benefits for temporary incapacity for work, is not preserved upon repeated dismissal of their own free will without good reason, if 12 months have not passed since the day of the previous dismissal on the same grounds, hindered the free choice of a place work and significantly, almost in half, reduced the amount of the specified benefit due to be paid in case of temporary incapacity for work.

The contested normative provision, introduced by the decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of the USSR and the All-Union Central Council of Trade Unions of December 13, 1979, No. 1117, under the conditions of the socialist economic system was called upon to help solve the problems of forming stable labor collectives, reduce staff turnover, and strengthen labor discipline. The list of reasons recognized as valid in case of dismissal of their own free will was determined by the decree of the USSR State Committee on Labor and social issues and the Secretariat of the All-Union Central Council of Trade Unions of July 9, 1980 No. 12-21 "On the approval of the clarification" On the procedure for applying paragraph 16 of the resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of December 13, 1979 No. 1117 "On further strengthening labor discipline and reducing staff turnover in the national economy ””.

Keeping such legal regulation, which connects the indicated negative consequences with the realization by the employee of the right to terminate the employment contract of his own free will, is, in fact, a violation of Part 1 of Art. 37 of the Constitution of the Russian Federation, among the fundamental rights and freedoms of a person and a citizen, freedom of labor, the right of everyone to freely dispose of their abilities to work, choose a type of activity and profession, and contradicts the goals and content of an employment contract as a bilateral agreement in which the listed constitutional rights are implemented.

The contested normative provision also disagrees with the basic principles of compulsory social insurance of working citizens in case of temporary disability, its purpose, since insurance coverage designed to compensate an employee for temporarily lost earnings, in essence, was made dependent on the reason for dismissal of his own free will, and not on the average the earnings of the insured employee, his labor (insurance) experience. The application of this provision not only endows compulsory social insurance with functions that are not characteristic of it, but also significantly reduces the amount of insurance coverage in the event of temporary disability compared to that provided to employees with the same average earnings and work (insurance) experience under other circumstances of dismissal on their own. desire. This violates the equality of human and civil rights and freedoms, since the restriction of the right of insured persons to receive temporary disability benefits on the grounds provided for by the contested regulatory provision is incompatible with the goals for the achievement of which Part 3 of Art. 55 of the Constitution of the Russian Federation allows federal law to restrict the rights and freedoms of man and citizen.

Thus, starting from March 4, 2004, the repeated dismissal within a year of one's own free will without good reason no longer entails an automatic interruption of continuous service. Personnel services must immediately recheck and re-calculate the duration of continuous work experience of all employees, taking into account the specified definition of the Constitutional Court of the Russian Federation.

In addition to work as a worker or employee, the following shall also be included in the continuous work experience:

service in the Armed Forces of the USSR, in the bodies of the State Security Committee under the Council of Ministers of the USSR and the Ministry of Internal Affairs of the USSR, in the people's militia and partisan detachments, if the break between the day of release from service and the day of entering work or study at a higher or secondary specialized educational institution (including the preparatory department), postgraduate study, clinical residency, courses, a college or school for advanced training, retraining and training did not exceed three months;

working time or industrial practice in paid workplaces and positions during the period of study at a higher or secondary specialized educational institution, stay in graduate school and clinical residency, regardless of the duration of the breaks caused by training;

the time of study in vocational schools and schools (technical, vocational schools, nautical schools, factory training schools, etc.), if the break between the day of graduation from the school or school and the day of employment does not exceed three months ;

the time of study at courses and in schools for advanced training, retraining and training, if the direction to courses or to school was immediately preceded by work as a worker or employee or admission to these courses or school was preceded by service in the Armed Forces of the USSR, in the bodies The State Security Committee under the Council of Ministers of the USSR and the Ministry of Internal Affairs of the USSR, in the people's militia and partisan detachments;

time of forced absenteeism in case of improper dismissal, if the employee is reinstated at work.

Does not interrupt work experience, but does not count towards it:

the time of study at a higher or secondary special educational institution (including at the preparatory department) or stay in graduate school or clinical residency, if the break between the day of release from work and the day of enrollment did not exceed the time limits established by the Rules, depending on the reason for the dismissal, and a break between the day of graduation or early expulsion from educational institution(postgraduate studies, clinical residency) and did not exceed three months on the day of admission to work;

the time spent abroad by family members of workers, employees and military personnel sent to work in institutions, organizations and enterprises of the USSR abroad or in international organizations, if the interval between the day of returning to the USSR and the day of entering work did not exceed two months;

off-season break, if an employee at this enterprise, institution, organization worked the previous season completely, concluded labor contract about work in the next season and returned to work within the deadline established by the contract. This rule applies in those sectors of the national economy where the current legislation allows the summation of the periods of seasonal work when calculating the continuous length of service;

the time of serving correctional labor without imprisonment at the place of work.

In all cases when the place of residence changes during the transition from one job to another, the allowable break in work is extended by the time required to move to a new place of residence.

If during the period of admission to a new job, which is due to the preservation of continuous work experience, the employee was temporarily disabled and presented a certificate of this issued by a medical institution, with the signatures of the attending physician and chief physicians, certified by the seal, then this period is extended by the number of days of incapacity for work.

The duration of continuous work experience of workers and employees is established by the employer in accordance with the entries in work books or on the basis of other duly executed documents.

In accordance with Art. 183 of the Labor Code of the Russian Federation, the amount of benefits for temporary disability and the conditions for their payment are established by federal law. By Decree of the President of the Russian Federation of March 15, 2000 No. 508 "On the amount of benefits for temporary disability" (as amended on July 31, 2002), the current procedure for calculating the continuous length of service of citizens when assigning benefits for temporary disability is preserved until the adoption of the corresponding federal law. The current validity of the Rules is confirmed by the decisions of the Supreme Court of the Russian Federation of August 15, 20, 2002 No.

Since the last changes and additions to the Rules were made in 1991, they should be applied taking into account the subsequently adopted legislation of the Russian Federation, as well as international agreements(agreements) with the participation of the Russian Federation.

In this regard, the issues of calculating continuous work experience when assigning benefits for temporary disability are currently regulated not only by the Rules, but also by other regulatory legal acts Russian Federation (USSR, RSFSR).

So, in accordance with paragraph 14 of the Resolution of the Council of Ministers of the RSFSR dated February 4, 1991 No. 76 "On some measures for the socio-economic development of the regions of the North" for workers released in connection with the reorganization, liquidation of associations, enterprises, organizations and institutions, located in the regions of the Far North and in localities equated to the regions of the Far North, as well as in regions and localities where allowances are paid in the manner and under the conditions determined by the decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of April 6, 1972, No. 255 " On benefits for workers and employees of enterprises, institutions and organizations located in the Arkhangelsk region, the Karelian Autonomous Soviet Socialist Republic and the Komi Autonomous Soviet Socialist Republic ", continuous work experience is maintained for the period of employment, but not more than 6 months.

According to paragraph 2 of Art. 28 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On employment of the population in the Russian Federation", the time during which a citizen in the prescribed manner receives unemployment benefits, a scholarship, takes part in public works, the time required to move in the direction employment agencies to another locality and employment, as well as periods of temporary disability, maternity leave, conscription for military training, involvement in activities related to preparation for military service, with the execution state responsibilities, do not interrupt continuous work experience, but do not count towards continuous work experience.

According to Art. 7 of the Law of the Russian Federation of July 14, 1992 No. 3297-1 "On a closed administrative-territorial entity" for employees of enterprises and (or) facilities, other legal entities located on the territory of a closed administrative-territorial entity, released in connection with the reorganization or liquidation of these organizations, as well as with a reduction in the number or staff of these employees, continuous work experience remains for the period of employment, but not more than 6 months.

In accordance with clause 1 of the Decree of the President of the Russian Federation of November 5, 1992 No. 1335 "On additional measures for social protection pregnant women and women with children under the age of three, dismissed in connection with the liquidation of enterprises, institutions, organizations; successors, if it is impossible for them to select suitable job and assistance in employment by the employment service bodies, the time from the date of their dismissal until the child reaches the age of three years is included in the continuous work experience for the appointment of benefits for state social insurance.

Based on Art. 64 of the Regulations on service in the internal affairs bodies of the Russian Federation, approved by the resolution of the Supreme Council of the Russian Federation of December 23, 1992 No. 4202-1, the time spent by employees in the service in the internal affairs bodies is counted in their total and continuous work experience, as well as in the length of service specialties in the following preferential terms: one year of service for one and a half years of work experience. At the same time, employees who are dismissed from the internal affairs bodies and who have entered work or study are not interrupted if more than three months have not passed since the day of dismissal, not counting the time of moving to the place of work or service.

In accordance with Art. 51 of the Regulations on the passage of service in the tax police of the Russian Federation, approved by the resolution of the Supreme Council of the Russian Federation of May 20, 1993 No. 4991-1, to employees dismissed from service in the tax police and entered within three months to work or study (not counting time of moving to a permanent place of residence in case of its change), the time of their service in the tax police is counted in the continuous work experience when assigning a pension and state social insurance benefits.

According to clause 5.8 of the Regulations on the head of the administration of the region, region, city of federal significance, autonomous region, autonomous region Of the Russian Federation, approved by the Decree of the President of the Russian Federation of October 3, 1994 No. 1969 "On measures to strengthen unified system executive power in the Russian Federation ”, if the head of administration is relieved of his post, he retains continuous work experience, if the break between the day of termination of work in the position of head of administration and the day of admission to a new job does not exceed one year.

In accordance with Art. eighteen Federal law of March 30, 1995 No. 38-FZ "On the prevention of the spread in the Russian Federation of a disease caused by the human immunodeficiency virus (HIV infection)" for one of the parents or other legal representative of an HIV-infected minor in the event of dismissal to care for him and subject to employment before minors reach the age of 18 years, continuous work experience is maintained.

Article 16 of the Federal Law of July 31, 1995 No. 119-FZ "On the basics public service Of the Russian Federation "provides that upon dismissal in connection with the liquidation of a state body or staff reduction, a civil servant is paid average earnings for a previously held position within three months (excluding severance pay). If a civil servant is not provided with work in accordance with his profession and qualifications, the civil servant remains in the register of civil servants (with an indication in the reserve) with the preservation of continuous civil service length of service during the year.

According to paragraphs. 13, 14 and 16 of the Regulation on the organization of public works, approved by the Government of the Russian Federation of July 14, 1997 No. 875, with persons wishing to participate in public works, the employer enters into a fixed-term employment contract. They are subject to the legislation of the Russian Federation on labor and social insurance. The time during which a citizen takes part in paid public works does not interrupt his seniority and is included in the total seniority.

In accordance with paragraph 3 of Art. 10 and clause 5 of Art. 23 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Servicemen", the time spent by citizens in military service under the contract is counted in the continuous length of service at the rate of one day of military service for one day of work, and the time spent by citizens in military service according to conscription - one day of military service for two days of work.

At the same time, the continuous work experience of citizens dismissed from military service is preserved, provided that the break between the day of dismissal from military service and the day of employment (admission to educational institution) has not exceeded one year, and veterans of hostilities on the territory of other states, veterans performing military service duties in a state of emergency and in armed conflicts, as well as citizens whose total duration of military service in preferential terms is 25 years or more - regardless from the duration of the break from the day of dismissal from military service to the date of employment.

In accordance with paragraph 4 of Art. 10 of Federal Law No. 76-FZ, spouses of military personnel serving under a contract are not counted in the continuous length of service required to receive social insurance benefits, but they also do not interrupt his entire period of residence with spouses until 1992, regardless of the place of deployment military units, since 1992 - in areas where they could not work in their specialty due to the lack of employment opportunities and were recognized as unemployed in the prescribed manner, as well as the period when the spouses of military personnel were forced not to work due to the health conditions of children associated with living conditions at the place of military service of the spouses, if, according to the conclusion of the health care institution, their children needed outside care.

According to Art. 25 of Federal Law No. 3-FZ of July 5, 1999 "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation" At the same time, continuous work experience is maintained provided that he or she enters a job or service within six months after the termination of deputy powers.

The spouse of a deputy of the State Duma (on the basis of clause 5 of article 25 of Federal Law No. 3-FZ), dismissed in connection with the transfer of the deputy to exercise his powers in The State Duma, a break in work is counted in the total and continuous work experience (service).

In accordance with Art. 256 of the Labor Code of the Russian Federation, leave for a woman to take care of a child until she reaches the age of three is counted in continuous work experience.

DI. Rogachev, Cand. jurid. Sci., Senior Lecturer, Moscow State Law Academy