My grandfather joined the work at the age of 14, and when the company calculates the length of servi

Hello, unreasonable but legal, the labor law stipulates that the minimum working age for citizens is 16 years old, and if the employer calculates your grandfather's working years as 14 years old, you will bear the legal responsibility for illegal child labor.

Prior to the implementation of the Labor Law in 1995, there was no explicit prohibition on employers from employing minors under the age of 16. Therefore, before the promulgation of the Labor Law, employees who were under the age of 16 when they were approved by the labor administrative department at or above the county level to participate in the work should be counted as seniority if they worked in accordance with the national seniority calculation policy before the age of 16. After the promulgation of the Labor Law, child labor illegally used by the employer shall not be counted as the length of service.

Everything is reasonable.

It is said that it should be counted from the time of actual work, but the age of 14 is child labor, so you can consult the local labor department about this.

I also joined the work at the age of 14, and I didn't count the length of service, how to solve it?

It can be calculated, provided that there is a formal recruitment formality.

I used to handle an 11-year-old recruitment of literary and artistic soldiers, 49 years of service, retirement at the age of 60.

Calculate. The labor law only prohibits employers from employing minors under the age of 16, which is legally referred to as child labor. Those who have reached the age of 16 can participate in work, and those who have reached the age of 16 and are under the age of 18 can be regarded as adults for the calculation of their working years.

1. What is length of service?

The length of service is divided into general length of service and the length of service of the enterprise. The general length of service refers to the working hours for which the wage income is the whole and main means of living for the employee. The length of service of the enterprise (commonly referred to as the continuous length of service) refers to the working hours that should be calculated continuously or combined before and after the work of workers and employees in the unit or several units according to the regulations.

2. How should the length of service be calculated?

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). At present, when determining the insurance benefits of employees and whether they meet the conditions for retirement, only the length of continuous service is generally used. So the general length of service has now lost its meaning.

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 length of service and the length of continuous service shall be calculated in accordance with the provisions of the National Law [1978] No. 104, that is, only one year can be counted as one year after the "full" anniversary.

3. The setting standard of seniority salary for employees:

1.Employees who have worked in the company for one year are paid 50 yuan per month.

2.Employees who have worked in the company for two consecutive years will receive a monthly salary of 100 yuan.

3.Employees who have worked in the company for three consecutive years will receive a monthly salary of 150 yuan.

4.Employees who have worked in the company for four consecutive years will receive a monthly salary of 180 yuan.

5.And so on, for each additional year of working in the company, the monthly seniority salary will increase by 30 yuan. A total of 10 years capped.

6.If the employee takes leave for more than 15 consecutive days or takes leave for more than 30 days in a year, the length of service will be cancelled according to the treatment of the new employee and the length of service will be recalculated (except for those specially approved by the general manager).

7.If the employee resigns and then reinstated, the original length of service is cancelled, and the length of service is recalculated according to the time of the new hire.

8.Seniority is not counted during the probationary period.

Legal basis: Article 15 of the Labor Law of the People's Republic of China prohibits employers from recruiting minors under the age of 16.

Article 58: The State implements special labor protections for female employees and juvenile workers.

According to the law, people under the age of 16 cannot participate in work, and naturally there is no "length of service". Any unit that uses children in violation of national regulations is an illegal use of tomato. Article 15 of the Labor Law of the People's Republic of China prohibits employers from employing minors under the age of 16.

Article 58: The State implements special labor protections for female employees and juvenile workers.

According to the law, people under the age of 16 cannot participate in work, and naturally there is no "length of service".

1. Is it considered length of service to work at the age of 16?

1. Non-existent, legal analysis: According to relevant laws and regulations, those under the age of 16 cannot participate in the work, and naturally there is no "length of service". Any employer that uses child labor in violation of national regulations is considered to be an illegal employer.

2. Legal basis: Article 15 of the Labor Law of the People's Republic of China.

Employers are prohibited from recruiting minors under the age of 16.

2. Can I buy social security if I am under the age of 18 when I am working?

1. Juvenile workers who can purchase social security refer to workers who have reached the age of 16 but have not yet reached the age of 18. Relevant laws and regulations stipulate that juvenile workers shall not be arranged to engage in underground mines, toxic and harmful, labor of the fourth level of physical labor intensity stipulated by the state, and other labor that is taboo to engage in work. Therefore, as long as you are engaged in the above work, you can sign a labor contract with it and pay social security for it;

2. According to the relevant provisions of social security payment, the monthly social security base shall be determined according to the salary income of the whole month in the first month of entering the unit. The individual contribution base of other employees in the current year shall be determined according to the average monthly salary income of the employee in the previous year. The part exceeding 300% of the average monthly wage income of employees in the city in the previous year shall not be used as the payment base; If it is less than 60% of the average monthly wage income of the city's employees in the previous year (the lower limit is 2,599 yuan from April 2012), 60% of the average monthly salary of the city's employees in the previous year shall be the payment base;

3. For migrant workers, unemployed persons, self-employed workers and other on-the-job migrant workers, they can participate in social insurance through social security institutions, so that they can enjoy the national social security. This reflects the relevant policies advocated by the state.

Legal analysis: According to the law, under the age of 16 is not free to participate in the work, and naturally there is no "length of service". Any employer that uses child labor in violation of the country's regulations is illegal.

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

Article 15: Employers are prohibited from recruiting minors under the age of 16.

Article 58: The State implements special labor protections for female employees and juvenile workers.

Summary. Hello dear, I am happy to serve you, according to Chinese laws, the youngest age of Chinese companies is 16 years old, and those who are less than 16 years old are not allowed to participate in the work, so they cannot calculate the length of service from the age of 14.

My grandfather joined the work at the age of 14, and when the company calculates the length of service, it starts at the age of 16, is this reasonable?

Hello, I have seen your question and am sorting out the answer, you can take a look at my homepage first, maybe there is something new.

Hello dear, I am happy to serve you, according to Chinese law, the youngest age of China's company is 16 years old, and those who are less than 16 years old are not allowed to participate in the work, so it is impossible to calculate the length of service from the age of 14. Pei Wei stool with brigade.

Certainly not in accordance with the policy. Your length of service should be counted from the time you start working. There is the following reply as the basis.

Regulations on the Conversion of the Operating Mechanism of Industrial Enterprises Owned by the Whole People" was promulgated and implemented on July 23, 1992 No. 103, and you can apply to the local social security bureau for re-verification. The reply of the Department of Labor and Social Security on the calculation of the length of service of employees who are less than 16 years old at the time of participating in the work Your company's "Instructions on the Calculation of the Length of Service of Employees Less than 16 Years Old at the Time of Participating in Work" (Changguang Bao Zi 2006 No. 4) has been received, and after research, the reply is as follows:

1. Minors under the age of 16 who have been recruited with the approval of the labor administrative department at or above the county level after February 6, 1958 and before the promulgation of the Regulations on the Conversion of the Operating Mechanism of Industrial Enterprises Owned by the Whole People (Order No. 103) may be counted from the date of formal approval of recruitment; Minors recruited after the promulgation of the "Regulations on the Conversion of the Operating Mechanism of Industrial Enterprises Owned by the Whole People", except for approved users with special needs such as literature, art, sports, etc., shall be counted from the date on which they reach the age of 16. Here's a case: The Ningbo Labor and Social Security Bureau has also dealt with one case.

According to the report, the Provincial Department of Labor and Social Security has issued relevant documents to solve such problems of historical abuse, stipulating that between 1958 and July 1992, minors under the age of 16 who have been recruited with the approval of the labor department at or above the county level can count their continuous service from the date of formal approval of recruitment. If you can't find an official document, you can find a relevant document that can be indirectly attested. The reporter sent Lao Yang's situation and related information to the Comprehensive Section of the Municipal Social Security Center, and Fan Xuechu, the section chief, received the reporter.

In the past, there was a file between 38 and 40 years of service, which had a certain impact on retirement wages, but now it is calculated according to the number of years of pure service. Without the number of gears, there will be a slight difference of a few yuan in a year's service. However, even small differences, if they are in line with the policy, should be enjoyed by retired workers.

Now, the center has accepted Lao Yang's application for confirmation of seniority, and after Lao Yang supplements his personal file and other materials, they will report the handling opinions to the Municipal Labor and Social Security Bureau for approval, and will give feedback to Lao Yang in a timely manner.

Calculate. The labor law only prohibits employers from recruiting minors who are 16 years old, which is legally referred to as child labor. Those who have reached the age of 16 can participate in work, and those who have reached the age of 16 and are under the age of 18 can be regarded as adults for their own work.

The so-called length of service refers to the working hours of employees with wage income as the main or all of them since the establishment of labor relations with the unit. The only legal significance for the calculation of social insurance benefits is the length of continuous service and the length of contributory service.

Length of service calculation method:

1. Continuous calculation method, also known as 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.

2. The combined calculation method 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.

3. Seniority folding algorithm. Workers engaged in special types of work and special working environments can be converted into continuous service years.

Labor Law of the People's Republic of China

Article 15. Employers are prohibited from recruiting minors under the age of 16.

Article 58.

The State implements special labor protection for female workers and juvenile workers.