-
If the employer is changed for reasons other than the employee's own, the working years of the original employer shall be counted into the working years of the new employer. However, you must provide information about the change of employer that is not your own. At present, if you want to keep this job, you can only sign it like this, and if there is a labor dispute in the future, you can bring it up.
Article 10 Where a worker is assigned to work in a new employer from the original employer for reasons other than his/her own, the number of years of service of the worker in the original employer shall be counted as the number of years of service of the new employer. If the original employer has already paid severance to the employee, the new employer shall not count the employee's working years with the original employer when calculating the number of years of service for which severance is paid when the labor contract is terminated or terminated in accordance with the law.
-
Labor dispatch refers to the fact that a worker signs a labor contract with an employer (also known as a labor dispatch entity) and actually works for the employer (also known as the entity that accepts labor dispatch for employment). Its purpose is to reduce labor costs, avoid labor risks, and facilitate labor management.
Length of service refers to all or the main working hours of an employee who takes wage income as the means of subsistence. The length of service indicates the length of working hours of employees, and also reflects the size of its contribution to society and enterprises, as well as the level of knowledge, experience and technical proficiency.
The length of service can be divided into general length of service and the length of service of the enterprise. The general length of service refers to the total working time of employees engaged in production and work. When calculating the general length of service, the length of service of the enterprise should be included.
-
Labor dispatch can be counted as seniority.
Legal basis: Article 58 of the Labor Contract Law: A labor dispatch unit is an employer for the purposes of this Law and shall fulfill its obligations to employees.
In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.
The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.
-
Labor dispatch employees are converted into labor contract employees, which involves the calculation of two years. 1. The working years generally refer to the working hours in the unit, which is literally interpreted, unless there is an unsigned labor contract (except for labor dispatch), it should be counted from the date of signing the labor contract, and the previous one belongs to the working years in the labor dispatch company; 2. The length of service, according to the opinion of the Ministry of Human Resources and Social Security, refers to the number of years of service, and the starting time of the working years is calculated according to the time of paying social security, including the labor dispatch period and the labor period after the signing of the labor contract.
Article 10 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China If a worker is assigned to work in a new employer from the original employer for reasons other than his/her own, the working years of the labor dispatch worker in the original employer shall be counted as the working years of the new employer. If the original employer has already paid severance to the employee, the new employer shall not calculate the employee's working years with the original employer when calculating the number of years of service for which the employee has paid severance when the labor contract is terminated or terminated in accordance with the law.
Shengshi Oriental recruits and recommends employment in high-speed rail, airports, high-speeds, subways, cruise ships, hospitals, schools, auxiliary police, security and other state-owned enterprises and listed companies to transport outstanding talents, and the service is in place in all aspects.
According to the regulations, dispatch companies and enterprises are not allowed to charge any fees to their workers. Dispatched workers are charged management fees, and there is no fixed standard for management fees, ranging from dozens to hundreds. The specific charging standard is comprehensively determined by the company according to the position, work intensity and recruitment difficulty of the employees required by the enterprise, and the charging standard of the labor service company is determined by both parties through negotiation.
There are two ways to pay:
1. The employer pays the wages directly to the employees, and the social security and management fees are paid to the dispatch company; >>>More
The applicable laws differ. The Labor Contract Law shall apply to labor dispatch, and the Contract Law shall apply to labor contracting. >>>More
Nowadays, many workers have such a question, what is the difference between labor dispatch and labor outsourcing? We can distinguish in the following ways: The applicable laws are different. >>>More