1. What is the length of service?
Length of service refers to the working hours that a worker has established a labor relationship with an employer and has wage income as the main income. In China, the length of service is generally divided into general length of service and continuous length of service. The general length of service refers to the working hours of the worker with wage income as the main livelihood, including the working time in the enterprise. The continuous length of service refers to the continuous or combined working years of the worker with wage income as the main livelihood.
2. What is the starting point for the calculation of length of service?
The starting point for calculating the length of service is the time when the employee and the employer have established an employment relationship. For workers, the starting point for calculating length of service can be the time of participation in the work or the time of entering the current unit. The exact calculation depends on the relevant policies and regulations of each region.
3. What are the influencing factors of length of service?
1.Medical period: Depending on the length of service, workers can enjoy a medical treatment period of 3 months to 24 months. The longer the length of service, the longer the medical period.
2.Severance payment: The payment standard of severance is the number of years the employee has worked in the employer, and one month's salary is paid for each full year. Therefore, the longer the service, the higher the severance payment.
3.Pension: According to the provisions of the Social Insurance Law, the basic pension is determined according to factors such as the cumulative number of years of individual contributions, the contribution salary, the average salary of local employees, the amount of personal accounts, and the average life expectancy of the urban population. The longer the length of service and the higher the cumulative number of years of personal contributions, the higher the pension.
4.Annual leave: According to the Regulations on Paid Annual Leave for Employees and the Implementation Measures for Paid Annual Leave for Employees of Enterprises, employees who have worked continuously for more than 12 months are entitled to paid annual leave. Among them, more than 12 months of continuous service refers to the continuous length of service of the employee.
5.Special protection: For employees who have worked for the employer for 15 consecutive years and are less than 5 years away from the statutory retirement age, the employer cannot terminate the employment contract for the reasons specified in Articles 40 and 41 of the Labor Contract Law.
6.Salary and title promotion: The length of service can reflect the work experience of the worker and is related to the promotion of salary and title. For employers, although a high school student and a college student have the same length of service, the difference between them is still very large.
Fourth, how to correctly calculate the length of service?
1.According to the actual situation of the worker, the starting point for the calculation of length of service is determined. The time you have been working or the time you have been in your current unit can be used as a starting point for the calculation of seniority.
2.Determine the time period for calculating seniority. For general length of service, it should be included in the working hours in the enterprise. For the length of continuous service, it shall include the number of years of continuous or combined service of the worker with wage income as the main livelihood**.
3.According to the relevant policy provisions, the length of service is calculated correctly. For example, in the case of interrupted years, the calculation should be based on the actual working time, rather than simply excluding the interrupted time.
4.When calculating the length of service, it is necessary to pay attention to the changes in relevant policies. With the development of society, China's relevant policies will be constantly adjusted, and workers should pay attention to policy changes to ensure the accuracy of the calculation of length of service.
In short, length of service is an important basis for the protection of workers' rights and interests, and it is of great significance for workers to correctly calculate the length of service. Workers should fully understand the rules for calculating the length of service and safeguard their legitimate rights and interests. At the same time, employers should also strictly implement the relevant regulations on the calculation of length of service to protect the legitimate rights and interests of employees. Under China's socialist system, protecting the legitimate rights and interests of workers is an important cornerstone of building harmonious labor relations, which is conducive to promoting social fairness and justice and achieving common prosperity for all people.