important! Your working years affect these 4 benefits

The continuous working years in the employer and the cumulative working years in different units have a significant impact on their own rights and interests, which not only determines the amount of economic compensation and compensation, but also determines the number of days of annual leave and medical treatment. The working years can be continuous, don't interrupt easily, you will understand after reading this article!

The effect of working years on annual leave

The qualifications and days of annual leave are related to the working years of the worker.

According to Article 2 of the Regulations on Paid Annual Leave for Employees, an employee can enjoy paid annual leave as long as he has worked continuously for more than one year.

According to the reply letter of the Legislative Affairs Office of the State Council, "continuous work for more than one year" includes both the situation of continuous work in the same employer for more than one year, and the continuous work in different employers for more than one year.

"Continuous" emphasizes "uninterrupted".

Employees who have worked for 1 year but less than 10 years are entitled to 5 days of annual leave; those who have worked for 10 years but less than 20 years are entitled to 10 days of annual leave; those who have worked for 20 years are entitled to 15 days of annual leave.

The cumulative working years include the period during which the employee worked in the same or different employers.

The "cumulative" working years are allowed to be intermittent.

Special attention: The "accumulated working" time in the calculation of annual leave refers to the time when employees of "organizations, organizations, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees" are engaged in full-time work. Hours worked part-time are not counted.

The effect of working years on medical treatment period

It is not how long the employee's treatment time is, but how long the medical treatment period is. The length of the medical period depends on the cumulative working years of the worker and the continuous working years of the unit.

According to Article 3 of the Provisions on the Medical Period for Sickness or Non-work-related Injury of Enterprise Employees, when an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he shall, according to his actual working years and working years in the unit, A medical period of three to twenty-four months is given:

(1) For those with less than ten years of actual working experience, three months for those with less than five years of working experience in the unit; and six months for those with more than five years of work experience.

(2) If the actual working experience is more than ten years, the working experience in the unit is six months; if the working experience is more than five years but less than ten years, it is nine months; ; 18 months for more than 15 years but less than 20 years; 24 months for more than 20 years.

Note: This is the calculation method in most areas in China, and the algorithm for medical treatment in Shanghai is different.

The effect of working years on the termination or termination of labor contracts

When an employee's working years reach the statutory period, the law provides protection from dismissal, and the employer's rescission or termination of the labor contract is subject to the corresponding restrictions of the law.

Article 42 of the Labor Contract Law stipulates that if an employee has worked in the unit for 15 consecutive years, and the statutory retirement age is less than five years, the employer shall not comply with Articles 40 and 41 of this Law. Provides for the termination of labor contracts.

Considering the large contribution of the old employees to the enterprise and the low reemployment ability, the Labor Contract Law has strengthened the protection of the old employees. Competency for the job and major changes in objective circumstances are used as grounds for dismissal, and economic layoffs cannot be made.

At the same time, for workers who meet the above conditions, the labor contract cannot be terminated when it expires, and it needs to be extended until reaching the statutory retirement age.

The impact of working years on the conclusion of an indefinite labor contract

According to the law, if an employee has worked in an employer for ten consecutive years, or when the employer first implements the labor contract system or restructures a state-owned enterprise and re-signs a labor contract, the employee has worked in the employer for ten consecutive years and is less than the statutory retirement age. If it is less than ten years, as long as the laborer proposes or agrees to renew or conclude a labor contract, in addition to the laborer who proposes to conclude a fixed-term labor contract, an indefinite-term labor contract shall be concluded.

Note that "ten years of continuous work" here refers to the continuous working years in the same employer, and includes the employee's continuous working years in the employer before the implementation of the Labor Contract Law (ie, before January 1, 2008). .

If the employer refuses to enter into a labor contract without a fixed term when the worker meets the above conditions, the law imposes a penalty of double the salary, but the cost is actually very high.