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Calculation method.
Continuous calculation method.
It is also called continuous calculation of length of service. For example, if an employee is transferred from unit A to unit B, his working time in both units A and B shall be counted as continuous length of service. If an employee is wrongly handled, and is later reviewed and rehabilitated, the time of the erroneous treatment can be added to the time of continuous calculation of length of service before the error and the time of working time after rehabilitation, and the continuous calculation of service is regarded as continuous length of service.
Combined calculations. It is also called the combined calculation of continuous service. It refers to the employee's work experience, generally not due to his subjective reasons for a period of interruption, the interruption of the time is deducted, and the two working hours before and after the interruption are combined.
In the case of downsizing of retired workers and staff, the continuous working hours before retirement and after re-entry may be combined.
Seniority discount algorithm.
For workers engaged in special types of work and special working environments, the continuous length of service can be converted. For the case of underground miners or workers who are fixed in a low-temperature workplace below 32 degrees Fahrenheit or in a high-temperature workplace above 100 degrees Fahrenheit, their continuous service may be counted as one year and three months for each year of service in such a place. Employees who are directly engaged in work harmful to their health in industries that refine or manufacture lead, mercury, arsenic, phosphorus, and acids, as well as in industries such as chemicals and munitions, shall be counted as one year and six months for each year of such work for the purpose of calculating their continuous service.
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 individual 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.
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There is a record, and there is evidence to prove that the initial time of work is considered to be a long time of service.
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Legal Analysis: Zhengying Liang Dilemma Policy stipulates that the length of service should be counted from the date of the official start of work. That is to say, the scum is counted from the first time you get paid for your work and receive your salary. It is generally calculated on a monthly basis.
Legal basis: Article 38 of the Regulations of the People's Republic of China on Labor Insurance Article 38 General length of service refers to the working hours of all or the main ** of workers and employees who use wage income as the means of subsistence. Article 44 During the period of study of apprentices in the enterprise, the length of service of the enterprise shall be calculated, and when temporary workers and probationers are converted into regular workers, their length of service in the enterprise shall be counted from the date of joining the enterprise.
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During the internship period, the time period of the internship is generally not counted in the length of service, and the law does not explicitly stipulate whether the internship period is counted as the length of service, but in practice it is generally not counted. However, if it is a probationary period, the probationary period is counted as seniority, and the probationary contract is a coarse part of the employment contract. The source of jujube is counted as the length of service during the probationary period.
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Legal analysis: During the internship period, the time period of the internship is generally not counted in the length of service, and the law does not explicitly stipulate whether the internship period is counted as the length of service, but in practice it is generally not counted. However, if it is a probationary period, the probationary period is counted as seniority, and the probationary contract is part of the employment contract.
Therefore, the probationary period is counted as seniority. However, the premise of this is that the unit has paid social insurance for you, if the unit has not paid social insurance for you, but you are still working in the unit or you have not left the unit for more than one year and there is evidence to prove that you are working in the unit, you can ask the unit to make up for you, and if you do not pay, you can go to the labor mediation and arbitration commission to sue.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term employment contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 21 A probationary period may be stipulated in a labor contract. The probationary period shall not exceed a maximum of six months.
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Summary. Hello <>
The working time before the signing of the employment contract by the original employer is not counted as seniority. According to Article 6 of the Labor Contract Law of the People's Republic of China, when an employer and an employee conclude a labor contract, the contract period shall be clearly stipulated, and if the contract period is not specified, it shall be deemed to be indefinite.
This means that the length of service can only be calculated after the employment contract has been signed. Even if there is an employment relationship before that, it cannot be counted as seniority. <>
The working time before the signing of the employment contract by the original employer is not counted as seniority.
Hello <>
The working time before the signing of the employment contract by the original employer is not counted as seniority. According to Article 6 of the Labor Contract Law of the People's Republic of China, when an employer and an employee enter into a labor contract, the contract period shall be clearly stipulated, and if the contract period is not specified, it shall be deemed to be indefinite.
This means that the length of service can only be calculated after the employment contract has been signed. Even before that, the existence of labor relations cannot be counted as the length of service at the banquet. <>
The signing of an employment contract is very important for both the employee and the employer. Only when an employment contract is signed can the rights and obligations of both parties be clarified and their respective interests can be safeguarded on a grounded basis. However, the working hours before the signing of the labor contract cannot be counted as the length of service, because the labor relationship between the two parties during this period is not clear enough to accurately indicate the actual situation of the employee's work in the unit, so it cannot be counted in the length of service.
At the same time, during this period, it is not protected by Changming's law, and if there is a contract dispute and other issues, the employee will face difficulties in protecting his or her rights. Therefore, before applying for a job, you should carefully understand the information of the employer and read the content of the employment contract clearly to protect your own interests. <>
Dear, is there anything else you don't understand? You can also tell us more about your situation, and I will answer for you. <>
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Summary. Dear, glad to answer for you! <>
The working hours before the original employer signed the labor contract are counted as seniority. Working hours without a signed employment contract should be counted as seniority. The so-called length of service refers to the time that the employee has worked continuously in the employer, and if there is no labor contract signed, there is still a de facto labor relationship between the two parties, and the working hours after signing the labor contract shall be combined to calculate the length of service.
It is recommended to calculate it according to the actual <>
The working time before the signing of the employment contract by the original employer is not counted as seniority.
Dear, glad to answer for you! <>
The working hours before the original employer signed the labor contract are counted as seniority. Working hours without a signed employment contract should be counted as seniority. The so-called length of service refers to the time that the employee has worked continuously in the employer, and if there is no labor contract, there is still a de facto labor relationship between the two parties, and the working time after signing the labor contract is agreed to be calculated together.
It is recommended to calculate according to the actual guess<>
Heart-opening type] kiss, expand the content as follows<>
Calculated from the first day, the absence of a labor contract does not mean that there is no employment relationship between the two parties, and other evidence can be collected to prove the existence of a fictitious labor relationship. If the employer does not sign a labor contract with the employee, it shall pay the employee double wages from the second month to one year<>
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Legal analysis: The policy stipulates that the length of service in wild potatoes should be counted from the date of official entry to work. That is, from the first time you receive a salary for your work. It is generally calculated on a monthly basis.
Legal basis: 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 ** of workers and employees who use wage income as the means of subsistence. Article 44 During the period of study in the enterprise, the length of service of the student shall be calculated in the enterprise, and when the temporary worker or probationary person becomes a regular worker, the length of service in the enterprise shall be counted from the date of joining the enterprise.
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