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To put it simply, all those who are dismissed, sentenced, or voluntarily leave their jobs will be deemed to have their years of service cleared. It doesn't matter how long you've been working or how many jobs you've changed. As long as it is regarded as the same length of service, all of them will be invalidated.
Reply to the previous "":
"Deemed years of service" (deemed length of service) refers to the number of years of service that has not been paid for social insurance but has been deemed to have worked for the same length of service. If they have already paid social insurance, it is considered "actual contribution period". The actual payment period will not be cleared. The two should be clearly distinguished.
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78-90 is the deemed payment period. Until 92 years, it needs to be repaid.
Moreover. 78-90 During this period, your participation in the work shall be confirmed according to the provisions of deemed payment. For example, there are recruitment procedures, etc., in the file. Submit the file to the Social Security Bureau for review. If it is a temporary employee, the policy varies from place to place. Specific consultation is required.
Assuming that 78-90 is the deemed payment period, up to now, your total deemed payment period is 13 + 15 = 28 years. If you make up the two years, the total deemed payment period is 30 years.
So when you receive it later, according to the rule of 1 yuan for 1 year, you will receive an extra 30 yuan per month. It is recommended that you make up for it. Two years is not much.
However, many of the capital adjustment standards often happen to be up to 30 years of deemed contributions. For example, if you are deemed to have paid more than 30 years, you will suffer if you do not add more than 30 years.
Hope mine can help you.
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Legal Analysis: The dismissal cannot be regarded as the number of years of contributions. Employees of state-owned and collective enterprises who are removed or voluntarily resigned, the length of service before the removal and voluntary resignation can be counted as continuous length of service, but the force is limited to the date of individual contribution of the local pension insurance system reform, and the length of service that has not been paid before cannot be regarded as the payment period.
The general length of service refers to the working time of all or the main ** of a worker's income as the means of subsistence. When calculating the general length of service, the length of service of the enterprise should be included.
Legal basis: Handle retirement procedures and enjoy basic pension benefits in accordance with the "Reply on Retirement Procedures and Other Issues for Employees Who Have Been Removed from Listing".
According to the China Social Security Consultation sponsored by the Ministry of Labor**, Circular No. 376 and Circular No. 104 have the same principles and methods on how to calculate the continuous length of service of a delisted employee; There is no negation of the policies of the past.
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Legal Analysis: Not counted. For employees who have been removed due to violations of labor discipline, the continuous length of service before the removal and the working hours after re-employment may be combined to calculate the continuous length of service.
Where employees are dismissed, it is still to be handled in accordance with the current provisions. Dismissal is the highest administrative punishment imposed by a unit on an employee, and if the employee is suspected of constituting a crime, the judicial department will also impose a criminal punishment. According to the regulations, the length of service of a person who has been dismissed or sentenced can only be recalculated from the time he joins the work again or after he is released from prison to work, and the previous length of service, including military age, will be abolished.
Legal basis: Article 13 of the Social Insurance Law of the People's Republic of China Before the employees of state-owned enterprises and institutions participate in the basic endowment insurance, the basic endowment insurance premiums that should be paid during the deemed payment period shall be borne by the first. When the basic endowment insurance is insufficient, it will be subsidized.
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Summary. Being removed from the unit is regarded as the payment period.
Not counted. For employees who have been removed from the list for violating labor discipline, the number of years of continuous service before the removal and the working hours after re-employment may be combined to calculate the continuous length of service. Where employees are dismissed, it is still to be handled in accordance with the current provisions.
Dismissal is the highest administrative sanction imposed on an employee by a unit, and if his behavior constitutes a crime, the judicial department will also impose criminal punishment. According to the regulations, the length of service of a person who has been dismissed or sentenced can only be counted from the time he joins the work again or after he is released from prison to join the work, and the previous length of service, including military age, will be abolished. Legal basis:
Social Insurance Law of the People's Republic of China Article 13 Before participating in the basic endowment insurance, the basic endowment insurance premiums that should be paid during the deemed payment period shall be borne by the first. When the basic endowment insurance is insufficient, it will be subsidized.
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Legal analysis: The part of a civil servant who has been dismissed from paying social insurance in accordance with the law is still valid and is regarded as the payment period, but the deemed part of the non-payment will be deducted.
Legal basis: Social Insurance Law of the People's Republic of China
Article 16 Individuals participating in the basic endowment insurance who have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis. Individuals who participate in the basic endowment insurance and have paid less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic search pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.
Article 20 The State shall establish and improve a new type of rural social endowment insurance system. The new rural social endowment insurance implements a combination of individual contributions, collective subsidies and subsidies.
Article 21 The new type of rural social endowment insurance benefits shall be composed of basic pensions and personal account pensions. Rural residents who participate in the new rural social endowment insurance and meet the conditions stipulated by the state shall receive the benefits of the new rural social endowment insurance on a monthly basis.
Civil Servants Law of the People's Republic of China" Article 65: Where civil servants who receive sanctions other than dismissal show repentance during the period of punishment, and there are no further violations of discipline or illegal conduct, they are automatically lifted upon completion of the sanction period. After the sanction is lifted, the salary grade, level, position, and rank of the promotion are no longer affected by the original sanction. However, where the sanction of demotion or removal is lifted, it is not to be viewed as a restoration of the original level, position, or rank.
Regulations on the Punishment of Civil Servants of Administrative Organs》 Article 9: Where a civil servant of an administrative organ is dismissed, he or she shall be removed from the personnel department of the unit from the date on which the sanction decision takes effect, and shall not hold any longer the position of civil servant. Where civil servants of administrative organs who have received a sanction other than dismissal have shown repentance and reformation during the period of receiving the sanction, and no further violations of law or discipline have occurred, the sanction shall be lifted after the period of punishment is completed. After the sanction is lifted, the salary grade, grade, and position of the promotion are no longer affected by the original sanction.
However, where sanctions of demotion or removal are lifted, it is not to be viewed as a reinstatement of the original rank or position.
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Summary. Hello dear! Glad to answer for you :
New policy on the deemed payment period of employees who are dismissed: those who are dismissed cannot be regarded as the payment period. Employees of state-owned and collective enterprises who are removed from the list or voluntarily leave their jobs, the length of service before the removal and voluntary resignation can be counted as continuous service years, but the strength is limited to the date of individual contribution of the local pension insurance system reform, and the length of service without payment before cannot be regarded as the payment period.
Length of service refers to the working time of a worker whose salary is the means of subsistence. When calculating the general length of service, the length of service of the enterprise should be included.
Hello dear! We are glad to answer for you: the new policy of delisted employees as being deemed to have paid for the number of years:
Those who have been dismissed cannot be regarded as having paid contributions. Employees of state-owned and collective enterprises who are removed from the list or voluntarily leave their jobs, the length of service before the removal and voluntary resignation can be counted as continuous service years, but the strength is limited to the date of individual contribution of the local pension insurance system reform, and the length of service without payment before cannot be regarded as the payment period. The length of service refers to the time of all or the main ** work of the worker and employee who uses the salary assessment and deferred income as the means of subsistence.
When calculating the general length of service, the length of service of the enterprise should be included.
For employees who have been removed from the employer due to violation of labor discipline and employees who have voluntarily left the company, the calculation method of length of service should be the same, that is, if they have not been dismissed before being removed from the company, the working hours after the return promotion and re-employment can be combined to calculate the continuous length of service (regarded as the number of years of payment). If they are dismissed before being dismissed from the employer, their continuous service (deemed to be the number of years of contribution) can only be recalculated after they have been dismissed or released from prison.
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