Can the length of service be determined if there is a certificate of participation, labor contract,

Absolutely, according to the relevanceLaws and RegulationsIt is stipulated that the calculation of length of service is based on the time of paying pension insurance, and the length of service can be determined with the certificate of participation, and the determination of length of service is determined by the social security department. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Legal analysisThe payment of social insurance premiums is a legal obligation of the employer and the employee, and as long as there is an employment relationship between the two parties, regardless of whether the labor contract is signed or not, the payment should be made. Work experience without paying social security cannot be counted as seniority, and the calculation of seniority generally refers to the time of paying endowment insurance. Length of service refers to all or the main working hours of an employee who takes wage income as the means of subsistence.

The length of service indicates the length of working hours of employees, and also reflects the size of their contribution to society and enterprises, as well as the level of knowledge, experience and technical proficiency. 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. 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 national development document, that is, one year can be counted after one anniversary.

The calculation of length of service will seriously affect the unfavorable enjoyment, for example, in the event of a work-related injury, it is also necessary to calculate the relevant compensation costs according to the length of service. If the employer has a labor contract but fails to pay social security in accordance with the law, it is a violation of the labor law, and the worker may file a complaint with the labor inspection department.

Legal basisLabor Law of the People's Republic of China Article 72 Social insurance ** shall determine the funds according to the type of insurance**, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Of course, in fact, according to the relevant regulations, the length of service can be determined with the certificate of participation, and the determination of the length of service is determined by the social security department, and the employer has no right to determine the length of service.

Among them, the general length of service refers to the number of years of service calculated from the beginning of the work, while the length of service of the enterprise refers to the actual number of years of work in a unit.

Legal basis: "Regulations on Work-related Injury Insurance" Article 55 In any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law: (1) The employee applying for the determination of work-related injury or his close relatives or the unit to which the employee belongs is dissatisfied with the decision not to accept the application for work-related injury determination; (2) The employee applying for a work-related injury determination, his or her close relatives, or the worker's unit is not satisfied with the work-related injury determination; (3) The employer is not satisfied with the unit payment rate determined by the handling agency; (4) The medical service institution or assistive device dispensing institution that signed the service agreement believes that the handling agency has not performed the relevant agreement or provisions; (5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

Legal Analysis: It doesn't have to be a contract. It is not necessary to have an employment contract to calculate the length of service, but the length of service is calculated from the day the employee joins the company.

Generally, when employees join the company, the company will sign an employment registration form for the employee, which indicates the date of joining the company; If the employee's label indicates the date of entry, the length of service can also be calculated.

Legal basis: Article 38 of the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations of the People's Republic of China.

The general length of service refers to the working hours of workers and employees who use their wages as the means of subsistence. When calculating the general length of service, the length of service of the enterprise should be included.

Legal analysisNo. The resignation certificate is only the working time of the unit that has just left the company, and the time from the first signing of the labor contract with the employer to the termination of the contract is generally different from the length of service. The length of service is the cumulative working time of all units from the beginning of the work to the best unit, and the calculation of the length of service at the time of retirement is the working time of all units counted by the tired cherry tree.

Legal basisSocial 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 the law have the right to inquire about payment records and personal rights and interests records, and 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.

Legal Analysis: No. The resignation certificate is only the working time of the unit that has just left the company, and the time from the first time the labor contract is signed with the employer to the time of termination, which is generally different from the length of service.

The length of service is the cumulative working time of all units from the beginning of the work to the best unit, and the calculation of the length of service at the time of retirement is the accumulated working time of all units.

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 the law have the right to inquire about the payment records and the records of personal rights and interests, and to request the social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy the benefits of social insurance in accordance with the law, and have the right to supervise the payment of their own units.