Calculate the length of service required for voluntary resignation

About the calculation of length of service for automatic resignation

According to the General Office of the Ministry of Labor's "Reply on Issues Concerning the Calculation of Seniority after Re-Enterment of Work after Delisting" (Laobanfa [1994] No. 376) and "Request for Instructions on Issues Concerning Calculation of Seniority after Re-entering Work of Delisted Employees" According to the provisions of "Reply Letter of Lao Ban Fa [1995] No. 104", the calculation of seniority needs to be based on the following conditions:

Those who are dismissed from public service shall still be handled in accordance with the current regulations, and the length of service before dismissal will not be counted as continuous length of service;

For employees subject to delisting, the length of service before delisting and after re-employment can be calculated based on Laobanfa [1994] No. 376 reply letter.

For dismissed employees, the continuous service length before dismissal and the service length after re-employment can be calculated as continuous service according to Lao Ren Lao [1987] No. 31 and Lao Ban Fa [1995] No. 104.

For employees who voluntarily resign, the length of service before resignation and the length of service after re-employment can be combined and calculated as continuous length of service.

How to calculate the length of service of someone who started working in 1983 and voluntarily resigned after 96 years

The calculation of the length of service of employees who voluntarily leave their jobs is determined separately according to the circumstances of the enterprise, government agency, and public institution.

According to the provisions of Personnel Office Letter [1998] No. 101, staff of government agencies and institutions shall be re-hired after voluntarily resigning, and their working years will be calculated from the date of re-hiring.

According to regulations, the calculation of the length of service (payment years) of enterprise employees should start from the time when the individual employee starts paying pension insurance premiums. In other words, the time an individual pays pension insurance premiums before and after voluntary resignation will be calculated together.

According to the "Reply Letter on the Definition of Voluntary Resignation and Absence from Work" (Labor Office {1994} 48) from the General Office of the Ministry of Labor, disputes arising from voluntary resignation should be resolved in accordance with the procedures for handling removal disputes.

Article 3 of Labor Ban Fa {1995} 104 clarifies the issue of retroactivity in calculating the statute of limitations for the continuous length of service of delisted employees. The time when individual employees pay pension insurance premiums in various places should be used as the starting time for calculating continuous service seniority for delisted employees.

The above is the detailed content of Calculate the length of service required for voluntary resignation. For more information, please follow other related articles on the PHP Chinese website!