What is the starting point for 10 years in an indefinite term employment contract in the Labor Law

No, it is calculated from the previous initial employment time, see the implementation rules of the Labor Contract Law:

Article 9 The starting time of 10 years of continuous service as stipulated in Paragraph 2 of Article 14 of the Labor Contract Law shall be calculated from the date of employment by the employer, including the number of years of service before the implementation of the Labor Contract Law.

Article 9 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China: The starting time of 10 years of continuous service as stipulated in the second paragraph of Article 14 of the Labor Contract Law shall be calculated from the date of employment of the employer, including the number of years of service before the implementation of the Labor Contract Law.

Ten years refers to the date of employment, only the second time of signing a second fixed-term employment contract is calculated from January 1, 2008.

Article 9 The starting time of 10 years of continuous service as stipulated in Paragraph 2 of Article 14 of the Labor Contract Law shall be calculated from the date of employment by the employer.

So the 10-year algorithm is counted from the date you joined.

The 10-year calculation is based on the continuous signing of labor contracts in this unit from the beginning of you.

The time for two consecutive fixation periods is counted as of 1/1/08.

Ten years refers to the beginning of employment, which was stipulated in the original Labor Law and is a continuation regulation.

should be from the actual work time.

After the implementation of the new law, it is generally not binding on the acts before the implementation of the law, but the de facto act of "work" is not the object of adjustment of the labor contract law.

Counted from the day you come to work in this unit.

No, it is calculated from the time you joined your current employer.

Legal analysis: The Labor Law stipulates that when the employer renews the contract after 10 years of service, it shall sign an indefinite labor contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 12 Labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a term of completion of certain tasks.

Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the time for termination.

The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the employee has worked for the employer for 10 years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts have been concluded consecutively, and the employee has not renewed the labor contract without the circumstances provided for in paragraphs 1 and 2 of Article 39 and Article 40 of this Law.

If the employer does not conclude a labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

After 10 years of continuous service in the company, the employee may request to sign an indefinite contract.

1. Is bereavement leave included in annual leave?

Bereavement leave is not included in annual leave. In the event of the death of an immediate family member (parent, spouse and children), it is possible to apply for bereavement leave. Employees who have worked continuously for more than one year are entitled to paid annual leave.

Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

2. What are the current annual leave regulations in Shanghai?

Workers in Shanghai who have worked continuously for more than one year are entitled to paid annual leave. Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.

3. Provisions of the Labor Law on the renewal of contracts.

The renewal of a labor contract refers to the legal act of continuing to sign a labor contract after the expiration of the contract term and the willingness of both parties to continue to maintain the labor relationship. The parties may renew a fixed-term labor contract, an indefinite-term labor contract, and an employment contract with a certain period of work as the completion of a certain amount of work. If an employee has worked for the same employer for more than 10 consecutive years, and both parties agree to continue the labor contract, if the employee proposes to conclude an indefinite labor contract with an indefinite grinding period, the labor contract shall be concluded with an indefinite term.

Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 14 If a worker has worked for the employer for 10 consecutive years or more, and the worker proposes or agrees to renew or conclude a labor contract, he or she shall conclude an indefinite-term labor contract in addition to the laborer's proposal to conclude a fixed-term labor contract.

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

Legal analysis: A fixed-term employment contract can generally be a shorter period of six months, two years, or a longer period of five years or 10 years, and the specific length of the term should be determined independently according to the situation of the employer, the position and the situation of the employee.

Legal basis: Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus and good faith.

The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligation to keep track of the rollovers as stipulated in the labor contract.