After working in the company for a certain period of time, you will have working years. Working years refer to the working hours in which employees use their wage income as the entire or main source of living materials. It marks the length of time employees participate in working hours reflecting the contribution to society and enterprises and the level of knowledge, experience, and technical proficiency. So, what is the role of working years? How to apply for a certificate of service? What are the situations where the working experience is not calculated? Analysis of lawyer Wang Dan, Henan Enda Law Firm.
What is the function of working age?
① Work experience refers to one of the conditions for employees to retire. In 1978, the State Council issued the Interim Measures on the Retirement and Retirement of Cadres and Workers in Document No. 104 of Guofa [1978], which clearly stipulates the conditions for employees' retirement. The conditions for retirement are: age, continuous working years, and thirdly, disability due to work. Except for employees who are disabled due to work, the rest of normal and abnormal retirement must have a continuous working experience of ten years. Otherwise, they are considered to meet the retirement conditions and can only be treated as resignation.
②The length of service determines the level of insurance benefits. The longer the continuous service life, the higher the insurance benefits. The labor insurance benefits stipulated in the Labor Insurance Regulations and non-work-related injuries are calculated based on the length of work. If the salary for sick and injured holidays is within six months of the period when the work is stopped due to illness or non-work injury, and if the work experience is less than two years, the salary will be 60%; if the salary is 70% for two years or less; if the salary is 80% for four years or less; if the salary is 90% for six years or less; if the salary is 80% for six years or less; if the salary is 90% for six years or less; if the salary is 8 years or more, the salary is 100% for eight years or more. The level of employee retirement benefits also depends on the length of continuous service. For example, if you participated in revolutionary work after the founding of the People's Republic of China and have a continuous service of 20 years, your retirement expenses will be paid at 75% of your standard salary; if you have a continuous service of 15 years or less than 20 years, your retirement expenses will be paid at 70%; if you have a continuous service of 10 years or less than 15 years, your retirement expenses will be paid at 60%. If a worker in the labor contract system is injured due to illness or non-work-related injuries and cannot engage in his original work after the medical period expires, the enterprise may terminate the labor contract and pay a living allowance equivalent to one month of his standard salary for every one year based on the years he has worked in the enterprise.
③Study life is one of the basis for the state to deal with employee wages and wage allowances. Because working years are one of the important criteria for measuring employees' contribution to social labor and the size of their . Therefore, when dealing with employee wages and certain wage allowances, the state often takes full consideration of the employees' working years and gives appropriate provisions. For example: stipulate the minimum level that employees’ standard wages should reach within a certain period of leverage, and those below or equal to the minimum level can be upgraded. For example, the current salary system for job structures of state organs and institutions is an important part of it. The setting of seniority allowance is an incentive for employees with long-term service.
Lawyer Wang Dan’s advice:
How to apply for a certificate of service life?
(1) For any application for a certificate of service life, you must issue a letter of introduction from the unit applying for a pension insurance application.
(2) According to relevant national policies, unemployment, expelled from the unit, or automatically resigned from the workforce shall not be counted as the service life.
(3) For any certificate of purchase of a house, you must provide a form printed by the house sales unit.
(4) If the unit entrusts a personnel agent, the unit's letter of introduction must be issued, and the individual agent must issue an agency agreement.
(5) Anyone who has been approved to resign by the original unit can go through the identity identification procedures after being re-employed by the new unit;
(6) The receiving unit should provide a copy of the "Received Letter of Mobile Personnel";
(7) Fill in triplicate of the "Approval Form for Identity of Resigned Personnel";
(8) An original copy of the resignation application form;
(9) After approval, the Talent Exchange Center will issue a "Cadres Identity Certificate" and a "Letter of Introduction to Work of Mobile Personnel" and a certificate of service.
What are the situations where the working-time calculation is not calculated?
1. Any employee who holds certain positions during the enemy and puppet and the reactionary rule of the Kuomintang, such as heads, supervisors, factory police, mining police, etc., and engages in oppression and exploitation, the officers and soldiers of the Kuomintang army, officials in the Kuomintang government organs, etc., will not calculate the working-time calculation for the time they engage in this position.
2. Anyone who is sentenced to be deprived of political rights shall not be counted during the period of depriving political rights;If a political right is deprived of his political rights for counter-revolutionary crimes, his or her continuous working years shall be recalculated from the date of restoration of political rights.
This firm is the largest and earliest established in Luohe . It currently has more than 30 practicing lawyers. You can call or meet for consultation on various legal issues.
This firm is the largest and earliest established in Luohe . It currently has more than 30 practicing lawyers. You can call or meet for consultation on various legal issues.
