What is continuous length of service, and length of service refers to continuous or cumulative

Continuous length of service refers to the continuous working time of an employee in the unit. After 1987, its scope was not limited to the time spent in one unit, but included all the hours worked by employees in each unit as required to be counted. Continuous length of service refers to the continuous working time of an employee in a work unit.

In the past, the continuous length of service was also called "the length of service in the enterprise". If an employee has left the company, the working hours before the resignation cannot be counted as continuous service unless otherwise specified, and the continuous service years are generally calculated from the date of the last return to the unit. Employees who work continuously in two or more units through organizational transfers between enterprises, state organs and public institutions, or for reasons such as the merger or reorganization of units, may be combined to calculate the number of years of continuous service.

The most important function of continuous service is to sign an indefinite employment contract. The new law was promulgated to protect the rights and interests of workers. Two conditions are met:

If the employee has worked in the same employer for 10 consecutive years and both parties are willing to renew the contract, the employee may propose to sign an indefinite labor contract, and the employer shall sign an indefinite labor contract. After signing an indefinite term labor contract, the employer shall not terminate the contract without a major reason.

1. The starting standard for the number of years of continuous service is the date of employment;

2. The calculation of continuous service years has retroactive effect, including the working years before the implementation of the Labor Contract Law.

3. Article 10 of the Regulations for the Implementation of the Labor Contract Law stipulates the issue of the connection between the working years of the old and new employers, that is, if the employee is arranged to work in the new employer from the original employer for reasons other than his/her own, the working years of the employee in the original employer shall be calculated as the working years of the new employer.

1. Prerequisites: The worker is assigned to work in the new employer from the original employer for reasons other than his/her own;

2. Continuous service years are calculated jointly: The working years of the employee in the original employer are combined to calculate the working years of the new employer.

Legal Analysis: Length of Service.

It is a calculation of the time that a worker has worked formally and is related to the pension.

When calculating the general length of service, the general length of service should be included, but the general length of service should not be included in the calculation of continuous service (generally speaking, if the work is interrupted due to personal reasons, the working time of the Zen manuscript before the break can only be counted as the general length of service). When determining the insurance benefits of employees and whether they meet the conditions for retirement, only the length of continuous service is generally used. Therefore, the general length of service has lost its meaning.

If the difference of one month is one year, it will be one year less, and if it is one month worse, it is not a big problem.

Legal basis: "Interim Measures on the Retirement and Retirement of Workers" Article 1 Enterprises owned by the whole people.

Workers of public institutions, party and government organs, and mass organizations who meet one of the following conditions shall retire: (1) Men who have reached the age of 60 and women who have worked continuously for 10 years or more. (2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, where men are at least 55 years old, women are at least 45 years old, and have worked continuously for 10 years or more.

This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) Men who have reached the age of 50 and women who have reached the age of 45, who have worked continuously for 10 years or more, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated to work. (4) Radicals who are disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, and completely lose their ability to work.

Legal analysis: Continuous service years, also known as enterprise service years, refer to the continuous working time of employees in their own units. The calculation of continuous work is as follows:

1) Where the management organ of the enterprise and the administrative side of the enterprise are transferred, the length of service before and after the transfer shall be calculated consecutively.

2) If an employee is transferred to work in another enterprise by the management authority of the enterprise due to the suspension of work or the shortening of production, the length of service before and after the assignment shall be counted consecutively.

3) If the dismissed personnel still return to work in the enterprise when the enterprise resumes work, business or expands reproduction, the length of service of the enterprise before and after the resumption of work shall be calculated together.

4) After the transfer, reorganization or merger of the enterprise, if the original personnel still work in the enterprise, the length of service of the enterprise shall be counted continuously.

5) If the employee stops working due to illness or non-work-related injury, and the medical treatment period is less than 6 months, it shall be counted continuously as the length of service of the enterprise, and the period of more than 6 months shall not be counted as the length of service, and after the resumption of work, the length of service of the enterprise before and after the resumption of work shall be combined.

Legal basis: Article 5 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance shall be calculated as the continuous length of service of the enterprise under any of the following circumstances: (1) Where the management organ of the enterprise is transferred to work or the administrative aspect of the enterprise, the length of service of the enterprise before and after the transfer shall be calculated continuously 2) If the enterprise management organ and the administrative side of the enterprise are transferred to study at home and abroad, the study time and the length of service of the enterprise before the transfer shall be calculated continuously 3) Due to the suspension of work or the reduction of production of the enterprise, its workers, Where an employee is transferred to work in another enterprise through the management organ of the enterprise, the length of service in the enterprise during the period of assignment and before and after the transfer shall be counted consecutively.

Generally, the length of service and the length of continuous service are different in terms of the work unit, the starting time of the calculation and the pension policy and the enterprise welfare policy.

1. The work units involved are different.

The general length of service refers to all previous work units and the current company, and the continuous length of service refers to the company, which the employee currently works for.

2. The starting time of seniority calculation is different.

The general length of service refers to the working hours of the unit and the total working time of other units before the continuous calculation according to law, and the continuous length of service refers to the total time of continuous service in the enterprise, and the general length of service includes the continuous length of service.

3. It involves different retirement pension policies and corporate welfare policies.

The general length of service is the basis for calculating the retirement pension salary, the longer the general length of service, the longer the number of years of social security, and the higher the pension received after retirement.

The longer the continuous service, the higher the basic salary, sick leave pay, and year-end bonus of the general employee.

Continuous length of service refers to the length of service that can be calculated continuously according to law, which includes the length of service in the unit and the length of service in other units before the positive comma that can be continuously calculated according to law.

The amount of time an employee has worked continuously in a workplace. Continuous length of service refers to filial piety, also known as "the length of service of the enterprise". Since 1987, its scope has not been limited to the time spent working in one unit, but has included all the working hours of employees in each unit according to the regulations.

Continuous length of service refers to the period of work that has not been interrupted in a continuous period of time after the recruitment procedures, such as 21 years of continuous service from 2000 to 2021, but it cannot be called continuous service for two years.

Continuous length of service (also known as: Ben Dan Zheng Wei Gong Model Dust Song Age) refers to the length of service of the elder brother that can be continuously calculated according to law, which includes the length of service in the unit and the previous length of service in other units that can be continuously calculated according to the law.

Legal analysis: the length of service that can be calculated continuously according to the law, which includes the length of service in the unit and the previous length of service in other units that can be continuously calculated according to the law.

Legal basis: Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance

Article 38 The general length of service refers to the working hours of all or the main time that workers and employees have to pay for their livelihood with their wage income. When calculating the general length of service, the length of service of the enterprise should be included.

Article 39 The length of service of the enterprise shall be calculated on the basis of the continuous service time of the workers and staff members in the enterprise, and if they have left their posts, they shall be counted from the date of their last return to work in the enterprise. However, this restriction does not apply to any of the following circumstances:

1. The length of service of the enterprise before and after the transfer of workers by the management organ of the enterprise, the administrative side of the enterprise or the management side shall be counted consecutively. However, if there is a conclusive proof of the transfer of work due to business needs before liberation, the length of service of the enterprise can be counted continuously.

2. If there is a conclusive proof that the workers who worked in the enterprise before liberation and were forced to leave their jobs and return to the enterprise can be combined for the calculation of the length of service in the enterprise after the discussion and approval of the trade union group and the approval of the labor insurance committee.

3. After liberation, the learning period and the length of service of the enterprise before and after the transfer of domestic and foreign learners who are dispatched by the enterprise management organs, enterprise administration or management shall be counted consecutively. If there is a conclusive certificate for those who have been transferred to study at home and abroad by the management organs, administrative departments of the enterprise or the management side before liberation, the length of service in the enterprise before the transfer and after returning to the enterprise may be calculated together, except for the length of service during the study period.

4. After liberation, if an enterprise suspends work or closes down or reduces production, and its workers and staff are transferred to other enterprises through the management organ of the enterprise, the length of service of the enterprise before and after the transfer shall be counted consecutively. If a dismissed worker or employee returns to work in the enterprise when the enterprise resumes work or expands production, the length of service of the employee before the dismissal and after the resumption of work shall be calculated together.

5. If an enterprise is transferred, reorganized or merged, and the original workers are still employed in the enterprise, the length of service of the enterprise before and after the transfer, reorganization or merger shall be counted consecutively.

6. During the period of stopping work for medical treatment due to work-related injury, it shall be calculated as the length of service of the enterprise.

7. If the medical treatment period of illness or non-work-related injury is within six months, the length of service of the enterprise may be counted continuously; If a worker who returns to his or her original enterprise after recovering from illness for more than six months shall be counted as a worker, except for the period of more than six months, the length of service in the enterprise before and after shall be counted together.

8. Those who are forced to leave their posts to oppose the oppression of the Kuomintang under the reactionary rule of the enemy and the Kuomintang, and who continue to struggle after being imprisoned by the enemy and the Kuomintang during the period of their resignation, shall be counted consecutively during the period of imprisonment and before leaving their posts and after their reinstatement or transfer to work in other enterprises.

General length of service refers to the total or mainly** working hours of a worker whose income is the means of subsistence. When calculating the general length of service, the number of years of service in the enterprise should be included.

Continuous length of service (length of service in the enterprise) refers to the continuous working time of workers and employees in the enterprise. The general length of service includes the length of continuous service, and if it can be calculated as continuous service, it can be calculated as general length of service at the same time; However, the general length of service is not necessarily the continuous length of service.

There are some differences in the meaning of continuous service and the length of service of the enterprise, that is, the continuous service length not only includes the continuous working time of the enterprise, but also includes the working time of the two work units before and after can be combined. If there is no merger, the continuous service is the service of the enterprise.

When calculating the general length of service, the length of service of the enterprise should be included, but the general length of service should not be included in the calculation of continuous length of service (generally speaking, if the work is interrupted due to personal reasons, the working time before the break can only be counted as the general length of service). Nowadays, when determining the insurance benefits of employees and whether they meet the conditions for retirement, only the length of continuous service is generally used. Therefore, the average length of service has lost its meaning today.

After the implementation of the basic pension insurance payment system, the actual payment period is used as the basis for retirement and pension insurance benefits, and the previous continuous service period is regarded as the payment period. The calculation of the number of years of service or continuous service shall be calculated in accordance with the provisions of the Guo Fa [1978] No. 104 document, that is, only one year can be counted as a "full" anniversary.

Article 38 of the Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance stipulates that the general length of service refers to the working time of workers and employees who use wage income as the means of subsistence. When calculating the general length of service, the length of service of the enterprise should be included.

1.General length of service refers to the total working time of employees engaged in production, including the length of service in the enterprise. Generally, the longer the length of service, the longer the number of years of social security, and the higher the pension after retirement.

2.The continuous working time of continuous service in the enterprise. The longer the continuous service, the longer the paid annual period of leave.

3.The general length of service includes the length of continuous service, but it is not necessarily the general length of service that is the length of continuous service. The general length of service not only includes the continuous length of service of the enterprise, but also includes the previous length of service if there is a previous job.

4.When calculating the general length of service, it includes the length of service of the enterprise; When calculating continuous length of service, general length of service is not included.

For example, if you choose to resign due to personal reasons, we do not include the general length of service when we calculate the length of continuous service.

Continuous service is also general service, but general service is not necessarily continuous service.

30 years of service; Less than five years from the retirement age prescribed by the state, and the number of years of service has been 20 years or more; Quietly and conscientiously meet other circumstances in which early retirement can be made in accordance with national regulations.

General length of service and continuous length of service are two different concepts, continuous length of service is also general length of service, but general length of service is not necessarily continuous length of service. For example, if a person had worked in the factory for 20 years before returning to Zhixiu, and before that he had worked in another unit for 15 years, if he had been transferred to work in the factory by the organization, he would have been sentenced to 35 years of normal service and continuous service.