Urgent, ask for advice!! Regarding the question of the medical period, is the length of service the

The actual number of years of service for the medical treatment period refers to the length of continuous service, and the actual years of service of the parties concerned are calculated from the date on which the enlistment office approves enlistment.

According to the provisions of current laws and regulations, the military personnel shall be counted from the date of enlistment by the enlistment office, and the military age and the time to be assigned shall be counted as continuous service.

The calculation of the length of service during the medical treatment period has nothing to do with the calculation of the number of years of social insurance contributions.

Regulations on the Placement of Retired Soldiers

Article 44 The number of years of active service of retired soldiers shall be calculated as the length of service, and shall be calculated cumulatively with the number of years of service in the unit to which they belong, and they shall enjoy the corresponding benefits related to the length of service as provided by the State and the unit to which they belong.

Labor. Detailed Rules for the Implementation of the Labor Insurance Regulations

Article 38 The general length of service refers to the working time of all or the main ** of workers and employees who use their wage income as the means of subsistence. When calculating the general length of service, the length of service of the enterprise should be included.

Article 40 The number of years and military years of revolutionary workers and revolutionary servicemen who are transferred to work in enterprises shall be counted as the length of service in the enterprise.

The current length of service mainly depends on your social security record, how long is it.

The enlistment time of a soldier is also counted as the length of service.

Generally, you have to go to the social security bureau to do a merger.

Having said that, there must be a social security record, and there is a seal certificate from the relevant unit, which can also prove the length of service.

In your case, I'll take another look. I have been working for more than 10 years.

The length of service refers to the working hours of the employee since the establishment of labor relations with the unit, with wage income as the main or all of the working hours. Relationship between length of service and medical treatment period: that is, if an employee needs to stop work for medical treatment due to illness or work-related injury during the performance of the labor contract, the employer shall grant the medical treatment period according to the prescribed length of service.

[Legal basis].

Article 27 of the Regulations of Shanghai Municipality on the Administration of Labor and Personnel of Foreign-Invested Enterprises stipulates that if a Chinese employee of a foreign-invested enterprise is sick or injured not due to work, he or she shall be given a period of three months to one year of medical examination and treatment according to the length of working time in the enterprise.

Legal analysis: The duration of the medical treatment period is counted in the employee's length of service, and if the contract expires, it should also be automatically extended to after the expiration of the medical period. The medical period is calculated from the first day of sick leave.

During the medical treatment period, the enterprise cannot terminate the labor contract with the employee, and the rights and interests of the employee are guaranteed by a certain degree of control during the medical treatment period.

Legal basis: Article 8 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance Article 8 The part of the employee's sick leave exceeding 6 months shall not be counted as the length of continuous service. Strip Lai Piercing Head.

Medical period. Cumulative length of service with the worker.

It is related to the working hours of the employer, and has nothing to do with the type of disease suffered by the employee. The following is the calculation of the length of service in the medical period that I have compiled for you, I hope it can help you.

According to Article 4 of the notice of the Ministry of Labor on the issuance of the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (Lao Bu Fa [1 9 9 4] 4 7 9). If the medical treatment period is three months, it shall be calculated based on the accumulated sick leave time within six months; for six months, the accumulated sick leave time within 12 months shall be calculated; for nine months, it is calculated based on the accumulated sick leave time within 15 months; 12 months, calculated according to the cumulative period of sick leave within 18 months; 18 months, calculated based on the cumulative sick leave time within 24 months; For 24 months, the accumulated sick leave time within 30 months shall be calculated.

The calculation of the medical treatment period should be calculated cumulatively from the first day of sick leave. For example, if an employee who enjoys a three-month medical treatment period takes sick leave for the first time from March 5, 1 9 9 5, then the medical treatment period of the employee shall be determined between March 5 and September 5, and the medical treatment period shall be deemed to have expired if the accumulated sick leave of three months during this period is completed.

Others and so on.

Due to the Labor Code.

and the Labor Contract Law.

There are no specific regulations on the standard of medical treatment, so the standards implemented vary across the country, and Shanghai has also developed its own local standards.

In Shanghai, the standard of medical treatment for employees and the number of years of service of employees in the unit.

It should be noted that the working years referred to here refer to are the years of continuous service in the same unit, not the cumulative length of service, that is, the length of service in other units is not counted. The specific standard is 3-24 months, the first year of the worker's work in the unit, the medical period is 3 months, and the medical period is increased by 1 month for every 1 year of subsequent work, but not more than 24 months, and the medical period is calculated cumulatively in use, rather than recycling.

According to the relevant definition of the "Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance" promulgated in 1953, "general length of service" refers to all or the main working hours of workers and employees with wage income as the means of subsistence, and the "total length of service" in our usual location can also be called the cumulative number of years of service. In addition, the number of years of service in the enterprise refers to the continuous working time of the worker or employee in the enterprise.

To calculate the "continuous service of the enterprise", you only need to grasp the following points:

1. If the enterprise is transferred, reorganized and merged, and the original employees still work in the enterprise, their years of service in the enterprise before and after the transfer, reorganization, and merger;

2. The medical treatment period during which an employee stops working due to work-related injury shall be counted as the length of service of the enterprise;

3. The medical period during which an employee stops working due to illness or non-work-related injury is less than 6 months shall be counted as the continuous length of service of the enterprise;

4. If the worker still returns to the original enterprise after recovering from illness for more than 6 months, the length of service of the enterprise before and after shall still be calculated together, except that the period of more than 6 months shall not be regarded as the length of service;

5. The period of leave without pay and the period of probation shall be included in the length of service of the enterprise.

The relationship between the length of service and the medical treatment period is that if the employee is sick or injured due to work-related injuries and needs to stop work for medical treatment, the employer shall grant the medical treatment period according to the prescribed length of service. The length of service refers to the working hours of the employee since the establishment of labor relations with the unit, with wage income as the main or all of them.

[Legal basis].

Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit: (1) If the actual working experience is less than 10 years, three months if the actual working experience is less than 5 years; Those who are more than five years will be eliminated for six months. (2) Where the actual working years are more than 10 years, the working years are less than 5 years in the unit, and 6 months are those who have worked in the unit for less than 5 years; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

If an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of 3 months to 24 months according to his actual working years and working years in the unit

1) Where the actual working experience is less than 10 years, 3 months for those who have worked in the unit for less than 5 years; 6 months for more than 5 years.

2) Where the actual working experience is more than 10 years, 6 months if the working experience is less than 5 years in the unit; 9 months for those between 5 and 10 years; 12 months for those between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

The medical treatment period of 5 years of service is 6 months.

The medical treatment period refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest. It should be noted that the length of service is the number of years of continuous service in the unit, not the cumulative length of service, that is, the length of service in other units is not counted.

The specific standard is 3-24 months, the first year of the employee's work in the unit, the medical period is 3 months, and the medical period is increased by 1 month for every 1 year of subsequent work, but not more than 24 months, and the medical period is calculated cumulatively in use, rather than recycling.

Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit

1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.

(2) Where the actual working years are more than 10 years, the working years are less than 5 years in the unit, and 6 months are those who have worked in the unit for less than 5 years; 9 months for those between five and ten years; 12 months for between 10 and 15 years;

18 months for between 15 and 20 years; 24 months for more than 20 years.

Article 4 Where the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

Article 6 Where an employee of an enterprise is disabled not due to work or is found by a doctor or a medical institution to be suffering from a disease that is difficult to achieve, and the medical treatment is terminated during the medical treatment period, and he is unable to engage in his original job or the work arranged by the employer, the labor appraisal committee shall conduct an appraisal of his or her working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through retirement and resignation procedures, and enjoy retirement and retirement benefits; If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.