Regarding the determination of length of service, what is the basis for determining the length of se

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. At.

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 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.

The length of service refers to the total or main working time of an employee who lives on wages. The length of service indicates the length of working time of employees, and also reflects the size of employees' contributions to society and enterprises, as well as the level of knowledge, experience and technical proficiency.

The length of service refers to the working age of the worker, which needs to be further distinguished. Among them, the general length of service refers to the number of years of service of the worker from the beginning of his or her participation in the work, while the length of service of the enterprise refers to the actual number of years of work in a unit. Generally, when it comes to calculating severance or compensation, it is often calculated according to the employee's years of service in the enterprise, and the longer the length of service, the other conditions are the same, the treatment that the worker can enjoy is naturally relatively high.

Calculation of the length of service of temporary workers: (1) Temporary workers who were recruited as permanent workers before December 31, 1988: For those who work as temporary workers other than urban unemployed youths, the continuous working hours of the last time they worked as temporary workers in their own units can be combined with the working hours after they are hired as permanent workers to calculate the continuous length of service.

Where unemployed young people in urban areas work as temporary workers in labor uniforms or cooperative enterprises, their length of service may be counted in full during the period of temporary employment. The length of service of temporary workers in cooperatives sponsored by enterprises and institutions can be counted from April 1979 at the earliest. The file should have the "Verification Form for the Length of Service of Urban Unemployed Youth" and the original record of the file.

2) Temporary workers recruited as permanent workers after December 31, 1998: All kinds of temporary workers recruited as permanent workers after December 31, 1998 shall pay pension insurance premiums during their temporary work period, and the length of service can only be calculated if there is a payment record.

Length of service: It can be divided into general length of service and the length of service of the enterprise.

Legal analysis: 1. The length of service refers to the time from participating in the work to continuously working until now; 2. The starting period of 10 years of continuous service as stipulated in Paragraph 2 of Article 14 of the Labor Contract Law shall be calculated from the date of employment of the employer, including the number of years of service before the implementation of the Labor Contract Law; 3. In the event of a merger or division of the employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations.

Legal basis: Article 34 of the Labor Contract Law of the People's Republic of China In the event of a merger or division of an employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China

Article 9 The starting time of 10 years of continuous service as stipulated in Paragraph 2 of Article 14 of the Labor Contract Law shall be calculated from the date of employment by the employer, including the number of years of service before the implementation of the Labor Contract Law.

Article 10 Where a worker is assigned to work in a new employer from the original employer for reasons other than his/her own, the number of years of service of the worker in the original employer shall be counted as the number of years of service of the new employer. If the original employer has already paid severance to the employee, the new employer shall not count the employee's working years with the original employer when calculating the number of years of service for which severance is paid when the labor contract is terminated or terminated in accordance with the law.

Legal analysis: The general length of service refers to the total working time of employees engaged in production and work, and the determination of the length of service of the Social Security Bureau is the main basis.

Legal basis: Social Insurance Law of the People's Republic of China

Article 4 Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with law have the right to inquire about payment records and records of individual rights and interests, and to request social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise their own units' contributions for them.

Article 5: The people at or above the county level shall include social insurance undertakings in their national economic and social development plans.

The state raises social insurance funds through multiple channels. The people at or above the county level shall give necessary financial support to the social insurance undertakings.

The state supports social insurance through preferential tax policies.

The provisions on the determination of continuous service are summarized as follows: 1. The length of service that has been a temporary worker in the unit and has been tested (recorded) or hired to work in the unit may be recognized as continuous service. 2. Where a staff member of a former government organ, public institution, or state-owned enterprise resigns or is hired to work in an organ or public institution after his resignation or dismissal, the length of service of his resignation or dismissal and the length of service after his re-employment may be combined to calculate the length of continuous service.

2. Under what circumstances can a worker be recognized as having a continuous length of service?

The following length of service can be counted as continuous length of service: (1) For workers who are transferred to work, the length of service before and after the transfer shall be counted consecutively; (2) For workers sent by the enterprise to study and study, the time for study and further study shall be counted consecutively; (3) During the period when the enterprise suspends production and changes production, the period during which the employee shall be counted as continuous service; (4) If an enterprise is transferred, reorganized or merged, and the original employees remain as workers in the enterprise, their length of service before and after the transfer, reorganization or merger shall be counted consecutively;

5) If the employee is sick or stops working for medical treatment due to non-work-related injury, within 6 months, it can be continuously counted as the length of service of the enterprise; (6) Before transferring to work in the enterprise, the number of years engaged in revolutionary work and military age can be counted as continuous service years; (7) During the apprentice's study period in the enterprise, it shall be counted as the length of service in the enterprise.

3. Determination of the continuous length of service of civil servants.

Continuous length of service refers to the working hours of continuous work of employees in a certain unit and taking salary income as their entire or main living experience. The length of service of the enterprise shall be calculated on the basis of the continuous service time of the worker and employee in the enterprise, and if he has resigned, he shall be counted from the date of his last return to work in the enterprise. The main function of the continuous chain base is to sign an indefinite labor contract.

The new law was promulgated to protect the rights and interests of workers. If two conditions are met: if the same employer has worked continuously for 10 years, and both parties are willing to renew the contract, the employee may propose to sign an indefinite-term labor contract, and the employer shall sign an indefinite-term labor contract.

After signing an indefinite term labor contract, the employer shall not terminate the contract without a major reason.

Fourth, the confirmation of seniority.

Length of service: It can be divided into general length of service and the length of service of the enterprise. The general length of service refers to the total working time of employees engaged in production and work. When calculating the general length of service, the length of service of the enterprise should be included.

The length of service of 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 the continuous service gap and the length of service of the enterprise, that is, the continuous service not only includes the continuous working time of the enterprise, but also includes the working time of the two work units before and after which can be combined. If there is no merger, the continuous service is the service of the enterprise.

In fact, the meaning and function of continuous service and working years are the same in order to distinguish the working years used by organs and public institutions from those used by enterprises.