Continuous work experience. The right to drive a small vessel: conditions, procedure for obtaining. What influences continuous work experience

Continuous seniority is the period of activity labor agreement . Such a concept was widely used in the USSR, since accrual depended on it. Since 2007, it has practically lost its legal force. The term "" is currently used. Continuous will be needed only for some professions, as a way to receive allowances for earnings.

The article discusses the definition and features of continuous work experience: what it affects, the main provisions and features of accrual. As well as cases in which the experience will not be interrupted.

Definition

Continuous work experience (NTS) - the time during which work is performed in a particular organization. To keep it, you need to get a new job no later than 3 months later. Before the 2002 pension reform continuous experience everywhere influenced:

• disability benefit amount();
• the amount of bonuses, allowances;
• receiving various benefits;
• the possibility of an increased pension;
• registration of various social benefits.

The duration of a specific period is determined by factors such as the reason for dismissal, the characteristics of work, and others. In the Labor Code of the Russian Federation, such a norm is replaced by the concept of "insurance experience". It is determined by the number of insurance premiums for the entire period of work. The duration of work in each organization does not matter.

Why you need continuous work experience, read.

In modern legislation, the norm of "continuous work experience" is applied less actively. In practice, it persists in specific labor sectors.

In 2007, the Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with motherhood” came into force. According to it, the amount of the benefit after the sick leave is calculated according to the continuous insurance period. HTS is used only in a few professional industries.

Key points

Continuous work experience implies a period of work in one organization or company. When moving to another place of work, it can be interrupted. Only insurance experience is saved. NTS is retained for new employment under the following conditions:

• a new employment contract is concluded within a maximum of 30 days;
• for districts Far North or work outside of Russia, this duration is 60 days;
• in case of liquidation of the enterprise or reduction of staff, a new labor agreement can be concluded within 3 months.

If a husband or wife goes to work in another region, we are talking about moving the whole family. the second spouse in this case is not interrupted. Time frames under the new labor agreement are not established.

Continuous seniority is maintained only when the employee leaves for own will. If the dismissal was “under the article”, only the insurance experience is preserved.

Continuity of service will not be required when determining the size and procedure for calculating the pension.

Features of accrual

To calculate the continuous experience, you will need one of these documents:

• employment history;
• labor agreement (contract);
• military ID;
• reference from the archive (or from last job);

According to Labor Code RF, the concept of "continuous work experience" does not apply. But according to the Law of the Russian Federation "On employment in Russian Federation» No. 1032-1 continuity of service under an employment contract possible during the following times:

• pregnancy;
• education at the university;
• call for military training;
• alternative (civilian) service;
• performance of various state duties;
• part-time work;
• part time.

Continuity of service is also ensured by the officially registered unemployed, if they are paid benefits.

Until 2007, NTS was calculated according to the formula: insurance experience + continuous. After this time, the calculation is made by adding the periods of work at one place of work.

NTS is also not interrupted for good reasons. These include:

• moving to another place of residence;
• business trip outside Russia;
• caring for an HIV-infected child.

Continuous service can be renewed for a pensioner who decided to return to work and for the military dismissed from their previous duty station.

What does it affect

Continuous work experience federal level recognized as important in such cases:

• to motivate employees of medical institutions(total duration includes training, internship);
• P when working in the Far North, and other areas with a severe climate (Far East, Arkhangelsk, Irkutsk and Chita regions, as well as others).

The continuity of experience is most often determined by records in the labor.

Pro preferential service medical workers read .

In many medical institutions NTS will be needed to receive allowances for basic earnings. This rule is regulated by the internal documents of the organization. It is used as a way to motivate and encourage employees.

Video

This video will tell you about the bill to exclude the concept of continuous work experience.

conclusions

The continuous experience used when working under an employment agreement is the time of activity in one organization. It has the following features:

1. Continuous service was essential before the 2002 pension reform. With its help, disability benefits were determined, as well. Later, this function began to be performed only by insurance experience.
2. Since 2007, continuous experience has only local significance. At the federal level, it is applied only in a few professional industries.. Their list includes work in medical institutions, as well as in the Far North and other regions with a severe climate.
3. Exist good reasons, in which continuous experience is maintained even during breaks in work. These include studying at a university, conscription for military training, maternity leave, caring for a child up to one and a half years old, and others.
4. The main document for accruing continuous experience is a work book.

When calculating the continuous length of service, activities in the main job and in combination are taken into account.

First you need to figure out what is considered continuous experience from the point of view of the legislator. Taking into account the current norms of law, the length of service of an employee 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 length of service without a break:

• Even if all deadlines are met, i.e. the employee quickly found a new job, but he had several such dismissals and appointments over the year, the experience will still be interrupted
• If an employee quit and was immediately hired for another job, but some misconduct (the so-called dismissal under the article) appears as the basis for dismissal, the experience will be interrupted
• There are cases when an employee is forced to quit in a year and once or twice, not of his own free will, but because of the need to take care of his child, such an employee’s experience will not be interrupted

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

• Regular bonuses to the basic salary in the civil service
• More high size social benefits
• Opportunity to receive a range of benefits
• Entitlement to bonuses and additional leave of service

What break will not break the continuous experience

Continuous experience after dismissal of one's own free will will not be interrupted if the dismissed person can find a job again within 1 month.

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

There is an exception to this rule: the continuity of experience will be preserved if the reason for the loss of work was:

• Reorganization of the company with a reduction in 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 quit his previous job due to the transfer of his spouse to another locality
• The employee left his previous place of work due to the onset of the regulated retirement period

What is the risk of a break from work?

If there is no good reason that would explain why your seniority was interrupted by 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 manages to find a job again and work so long that the length of service continuity reaches the required value.

PAY ATTENTION: continuity of work experience is relevant for those employees who apply for appropriate benefits, have allowances, and are endowed with compensation for length of service.

The desire to certainly maintain an uninterrupted length of service after dismissal of their own free will forces many to first find a suitable job and make sure that they will definitely be employed there after dismissal, and only then submit a corresponding application to the office.

The guarantee that you will be accepted new job, may be official letter a 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 terminating the contract is a 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 days of earned vacation.

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Labor relations with the employer imply certain social guarantees both from the state and from enterprises and organizations. Until recently, continuous work experience was of great importance in this regard. On the this moment, after reforming the pension system, this concept is practically not used.

Definition of continuous work experience (NTS)

The very wording of continuous work experience implies a continuous period of time during which the worker had an officially registered relationship with the employer, reflected in the corresponding entry in the work book, employment contract.

The calculation of NTS is not as unambiguous as its definition. There are many exceptions and rules that must be taken into account when calculating it.

Until the NTS was used as a concept on state level, this period included the total period of labor relations of a person with all employers. Since the abolition of the NTS in labor law, the concept is used locally within the framework of the system of motivation of each particular enterprise in relation to labor collectives.

Why is continuous work experience needed and what does it affect?

The system of continuous employment has a lot of advantages, first of all, for the employer and directly affects one of the most important factors of profitable low-cost activities - staff turnover. Low indicators of this component of effective management provide:

• continuity of production processes;
• stability of functioning of all divisions;
• availability of knowledge and experience corresponding to technological requirements;
• established psychological climate in a collective.

As a method of reducing staff turnover in the Soviet Union, the concept of continuous work experience was adopted at the legislative level. Its use played a huge stimulating role in order to keep the labor force in the same place.

Depending on the term, the NTS made it possible to receive certain bonuses, privileges and allowances. In addition, as a result labor activity one could count on an increased pension, and during the next vacation - a voucher with partial or full reimbursement of the cost of the holiday.

Until 2002, the calculation of NTS at the state level had a direct impact on the size pension payments, as well as when receiving other socially guaranteed benefits. In particular, the amount of payments for sick leave(until 2007) or additional vacation days.

As of 2017, continuous seniority is used exclusively in private. At the legislative level, this concept was excluded from circulation.

Now NTS is taken into account by commercial structures in agreement with the owners. It is still used to stimulate the most dedicated employees with all sorts of bonuses, bonuses or intangible means of motivation, which are compensated by enterprises. Of course, their number is limited by the budget allocated to encourage personnel. Whereas before the reform, the main burden of social security and motivation of citizens was borne by the state.

In addition to commercial structures, NTS has survived in bonuses to health care workers, although in this case the focus is on length of service.

What is included in the NTS?

When calculating the period of continuous work experience, there are many reservations that were adopted at the legislative level and were valid until 2002.

In addition to continuous labor activity, the NTS includes:

• Military service, regardless of the type of troops. The main condition is that the interval between the end / start of military duties and the start / end of employment or study is no more than three months.
• Vacation of female military personnel forcedly dismissed from their places of service due to pregnancy, subsequent childbirth and time to care for children up to 1.5 years old inclusive, as well as at the birth of a child and up to 3 years old with the preservation of the workplace.
• All types of work experience (paid).
• The period of study for obtaining vocational or special education (including: advanced training, higher, secondary special). A break is possible no more than 3 months.
• Work in special areas in the agricultural sector. Including after the liquidation of collective farms.
• The period of a forced break due to improper dismissal (upon the fact of reinstatement to the previous workplace).

term of study and scientific activity in universities is not a reason for the interruption of the NTS. More about study and work experience -.

Is continuous work experience taken into account when calculating pensions or sick leave payments?

At the moment, the use of three main categories of seniority is legally fixed:

• general;

For the appointment of pensions, as well as when calculating sick leave payments (as a result of temporary disability), the concept of another length of service is used - insurance. This is the time when contributions were made to the relevant funds from wages or official income received. In addition, the total period of employment is taken into account.

NTS is taken into account exclusively in private, when the owners of commercial structures accept it as a starting condition for the system of motivation and incentives for their employees.

In addition, the NTS is used to determine when, after employment, a new employee can go on vacation, namely after six months of continuous work at the enterprise.

When is the NTS not interrupted even in case of dismissal?

Before the reform of the pension system, continuous work experience differed large quantity exceptions. It included subsequent employment after the dismissal of the employee. It is important that the temporary pause does not exceed the term of 3/4 weeks (according to the current different time legislation, subject to change). The number of transitions in one year was also taken into account.

Without good reason, the first dismissal of a citizen from work at his own request was allowed. If within 12 months the second happened, then the subsequent employment became part of the NTS in the presence of documented valid reasons that were entered in the work book. In exceptional situations - by individual decision of trade union organizations. Possible reasons include:

• Violation of the contract (labor / collective) by the management of the enterprise.
• Victory in the selection for competitive positions.
• Disability / serious illness of family members requiring the presence and constant care of an employed citizen (necessarily certified by an appropriate medical certificate).
• Getting started in any educational institution.
• Official transfer for service / work, moving, including due to illness, of one of the spouses to another region.
• Operation of the provisions of mandatory state programs on labor migration.

For disabled people, pensioners, guardians of 3 or more minor children, pregnant women and women raising a minor child, there is a good reason for the second dismissal within 12 months. - optional condition.

In addition, NTS remains even if there is a break for more than a month (up to 2-3 months) provided:

• job change after employment in the Far North;
• moving from abroad. It was allowed if the citizen worked in international organizations, institutions and branches of state importance;
• moving from friendly countries (if there are international agreements on social security);
• reorganization of enterprises and bodies of the Armed Forces. The same possibility was provided for downsizing or liquidation;
• the end of the period of disability or illness (according to the conclusion of the MSEC or the VKK), as well as if the dismissal from the previous place of work is related to the state of health;
• reduction of teaching staff primary school(in particular - when switching to a new system of education or a shortage of students).

NTS is saved:

• in pregnant women who are also guardians / parents of young children and persons with disabilities up to the age of 14 and 16 years, respectively. An important clarification: upon reaching this age, citizens must find a job;
• for the period of forced relocation of one of the spouses to another region;
• for all categories of employed pensioners.

How to calculate continuous work experience?

NTS is calculated exclusively in the presence of official employment, the availability of documents confirming good reasons for temporary breaks in labor activity (diplomas, certificates, sick leave, conclusions of MSEK and VKK).

Depending on the personnel policy and staffing, each enterprise has a service that has access to work books or contracts. Based on their data, employees calculate the NTS.

For a long time, continuous work experience played an important role in the appointment of pensions and payment of sick leave. Loss of work and failure to meet the deadline for subsequent employment threatened to forfeit the right to increased benefits and other benefits. In this article, we will look at what this concept what role it plays today, and whether continuity of service affects pensions and benefits.

What is Continuous Experience

To be considered continuous, it must meet the following conditions:

• the employee continuously carries out labor activity at one enterprise;
• or the break between work at different enterprises does not exceed the period established for a particular situation (as a general rule - one month).

This procedure was first established by the Rules, approved. Decree of the Council of Ministers of the USSR of 04/13/1973 N 252, which are currently not valid. The Constitutional Court of the Russian Federation, in Ruling No. 16-O of March 2, 2006, indicated that establishing the dependence of temporary disability benefits on the amount of continuous work experience is considered a violation of the constitutional rights of citizens.

Therefore, from January 1, 2007, with the adoption of the Law of December 29, 2006 N 255-FZ, the amount of the benefit began to depend on the length of service, which consists of periods of work with the payment of insurance premiums by the employer and other periods provided for by the Law. The concept of continuity in relation to the length of service does not apply.

Sick pay is determined as a percentage of average earnings in the amount of:

• 60 - with the insurance period of the employee up to 5 years;
• 80 - with experience from 5 to 8 years;
• 100 - with an experience of more than 8 years.

However, Part 2 of Art. 17 of the above Law gives the right to an employee whose continuous work experience, accumulated before the entry into force of the new law, exceeds the insurance period, to claim benefits on the basis of the first. Its value in this case will be taken as the length of service.

The amount of the pension is currently general rules also does not depend on the duration of the pensioner's continuous work.

What influences continuous work experience today

This concept was not completely excluded from the legislation. In some cases, depending on this value, the following are determined:

• length of service;
• allowance for wages;
• salary, etc.

So, for example, Order of the Federal Customs Service of Russia dated November 13, 2008 N 1412 established a salary bonus for employees of health care institutions and health centers under the authority of this service, which is assigned depending on the duration of their continuous work in these organizations.

The procedure for maintaining the continuity of experience, as well as which periods do not interrupt the flow of this period, is determined by industry regulations.

So, the Law of 05.27.1998 N 76-FZ allows you to count the time military service into continuous work experience as follows:

• one day of service = one day of work if the citizen is in military service on the basis of a contract;
• one day of service = two days of work if called up.

However, this procedure is valid on the condition that between the day of completion of military service (dismissal) and the day of the start of work or admission to educational institution not more than a year has passed.

At the same time, for military veterans and citizens whose military service experience is more than 25 years, these periods are counted as continuous experience, regardless of how long the above break was.

The continuity of experience is confirmed by a work book, archival certificates and other documents that contain information about the citizen's labor activity.

When applying for a job, citizens draw up labor contract. This document has great importance. It allows to ensure the observance of the rights and interests of the employee.

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The period of labor activity of the worker is added up to the length of service, which is taken into account according to the rules established in the labor legislation.

For many Russians, this concept is associated with the term "continuous work experience" (NTS). This term has been widely used in Soviet time.

But since 2007, its significance has been lost. Before legalization, sick leave payments were made depending on the length of continuous work experience.

AT this moment the calculation of this allowance is carried out taking into account the length of service of the worker.
In modern legislation, the concept of "continuous work experience" is used, but not so actively.

For example, NTS gives the right to receive a premium for continuous activity in healthcare facilities to medical staff.

This provision was approved by the order of the Ministry of Health of the Russian Federation. Workers in the regions of the Far North can receive special benefits and other preferences depending on their continuous work experience.

General aspects

The continuous work experience of a worker is the period during which he carried out labor functions from one employer.

This period is not interrupted if he was in the status of unemployed for such a number of days that does not exceed the duration provided for by regulatory legal acts.

Surely, many remember that in Soviet times this concept was used in connection with the possibility of receiving an increased one.

After the implementation of the pension reform in the Russian Federation, the role of continuous work experience was changed. However, today this concept is used by employers in some industries.

NTS will be preserved in the event that, after the dismissal, the employee got a job in a new place within a certain period– from 1 to 3 months.

The specific period will be determined by the reasons for dismissal, the characteristics of the place of work, etc. In some cases given term and is not measured in any numbers at all.

What it is

We have considered the concept of "continuous work experience". There is no legal definition in modern legislation.

The latter plays an important role in determining the amount of temporary disability benefits, as well as pensions. Continuous work experience may be mentioned in the local documents of the enterprise.

For example, some organizations reward employees who work for them for a certain period. Such payments are a means of motivating workers.

For these purposes, continuous experience is considered as a period of work within the same company. When moving to another company, it is interrupted.

Why is it needed

In Soviet times, NTS played an important role. Depending on this indicator, citizens could qualify for special benefits and increased pensions.

In addition, sick leave payments depended on the NTS. In 2002 there was a transition to an updated pension system.

In this regard, the process of calculating pensions has been transformed. At the moment, the amount of insurance premiums that were paid for the employee at the time of his labor activity matters.

These payments are made if the worker performs duties under a service contract.

Contributions are also paid by persons who implement entrepreneurial activity without registering a legal entity.

Currently, the NTS gives the right to receive preferences. The issue of granting benefits is considered by the employer.

It is also saved in the following situations:

What does it affect

NTS was recognized as the most important indicator when calculating the size of the pension and various preferences. He was replaced by the concept of "insurance experience".

At the legislative level, the abolition of such a term as NTS means the elimination of an important clause that limited the rights of workers.

Free labor is one of the foundations enshrined in. Continuous work experience indirectly violated the inviolability of this norm.

A person could not freely leave his place of work, but not because of the prohibition of the law, but for material reasons.

A job change meant a serious reduction in sick leave benefits (until the required period was re-recruited). In addition, this indicator also affected the size of the pension.

Now for these purposes the insurance experience is used. Its difference is that this period is summed up for the entire time of making insurance premiums.

Thus, the length of service includes the entire period of work of the employee. He can freely quit and find a job at any time (without time limit).

The fact of working in one organization does not matter. The transition from NTS to insurance experience is a step towards development modern systems assessment of the merit of workers.

How is it calculated according to the work book

How is it calculated? The calculation of NTS is made on the basis of a number of documents, including:

• employment history;
• military ID;
• contract of employment;
• certificates from the place of work;
• references from the archive.

In some situations, only one will suffice. work book. When calculating, the period of activity at the main job and by is taken into account.

Part-time work, which has been approved for women with young children, also counts towards the NTS.

Changes in legislation in 2007 entailed the need for a partial calculation.

Until this year, the calculation is made by summing up the insurance period and NTS. If it turns out that the uninterrupted length of service is longer, then the rules that were in effect earlier apply.

Does it matter for a pension?

Currently, NTS does not matter for the calculation of pensions. Today, its size is determined as follows:

The amounts paid are accumulated on an individual account. The amount of contributions will depend on the year of birth of the future pensioner.

Employers make payments only for those employees who perform their functions on the basis of an employment agreement.

The insurance period is the total duration of labor activity during which insurance premiums are paid for the insured person.

It is this indicator that affects the amount of the future pension.

You can increase the amount of this payment if the future pensioner makes additional contributions to the funded part.

So, today the size of the pension is determined by the following indicators:

NTS now does not play any role in the formation of pension payments.

The exception is cases when the employers themselves offer some kind of preferences to their workers, depending on the period of their work in this company.

To calculate sick leave

We have already mentioned that the amount of the sick leave benefit was also determined by the NTS. Now the situation has changed.

The amount of the benefit is affected by the duration of the insurance period - the longer it is, the higher the amount of the benefit.

The Soviet rules, which made a relationship between the NTS and the amount of temporary disability payment, provided for the following calculation procedure:

This system was unfair, if only because any employee could get sick, regardless of length of service.

Video: work experience for receiving a pension in Russia

And yet he also needed social protection and decent compensation. New system provides for the approval of a percentage ratio depending on the length of service.

So, the longer the insurance period, the higher the amount of the sick leave benefit will be:

If an employee has an insurance period of less than 6 months, then the amount of his benefit will not exceed 1 minimum wage per calendar month.

You can prove the duration of the payment of insurance premiums using the following documents:

The introduction of NTS into Soviet legislation is quite understandable. Thus, the legislator wanted to prevent staff turnover and create stable labor collectives.

Times have changed and now this indicator is seen as limiting the right to free labor.

More than modern methods to assess the activities of an employee, including the concept of "insurance experience".

NTS exists in local documents and is used as one of the methods of staff motivation.

Employers can offer certain preferences to those employees who work in their company for a long time.