What is ten years of continuous service?

Mondo Social Updated on 2024-02-01

Article 34 of the Labor Contract Law of the People's Republic of China stipulates that 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. Article 10 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employee is assigned to work in a new employer from the original employer for reasons other than his/her own, the employee's years of service in the original employer shall be counted as the working years of the new employer.

According to the above-mentioned legal provisions, 10 years of continuous service refers to the total working time that should be counted in accordance with the law or the provisions of the enterprise during the period when the employee works in the same or different work units reaches 10 years, which is a continuous period of time without interruption. Continuous service is also known as "the length of service in the enterprise" because it emphasizes the length of continuous service of an employee in a work unit. This concept has specific meaning in many labor regulations, for example, when determining the number of days of paid annual leave, sick pay and other benefits of employees, the length of continuous service is an important reference factor.

The calculation of continuous service generally includes the length of service in the unit and the previous length of service in other units that can be calculated continuously in accordance with the law. Specifically, if an employee is transferred between enterprises and between enterprises and between state organs and institutions due to organizational reasons, they can be counted as continuous length of service. In the Employment Contract Law, 10 years of continuous employment is one of the conditions for signing an indefinite-term employment contract.

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