(two) temporary workers, seasonal workers, apprentices, rotation workers, migrant workers in economic construction, as well as "industry and agriculture" to calculate the length of service.
1956165438+1October 12 No.79, Supplementary Provisions of the State Council on Retirement and Working Years Calculation of State Organs, stipulates that after the temporary staff (some called "employees") used by state organs are formally employed, they shall be employed in their own organs before they are officially employed. What we should pay attention to here is "working time in this institution before formal employment". Those who work temporarily in several units before employment can not be counted as working years, but only the working time in this institution before formal employment can be counted as working years.
DocumentNo. [79] of the former Provincial Labor Bureau. Article 122 of Jige Laozi stipulates that "temporary workers are selected as fixed working hours by their units, and their last working hours as temporary workers in this enterprise can be counted as continuous service", which also embodies the same spirit.
1On March 30th, 1994, the Supplementary Notice of the Provincial Personnel Department on Several Specific Issues Concerning the Implementation of Comrade Yan Ling's Speech on the Continuous Working Years of Some Workers stipulated that the former enterprises owned by the whole people and enterprises owned by collectives at or above the county (district) level were planned temporary workers, who were directly recruited from their posts, and were directly arranged as regular employees by the government after being transferred to other jobs and demobilized. Was recommended or admitted to a junior college or technical school, and the state assigned a formal job after graduation; As well as those who have been directly employed as official state cadres and workers and are now official staff members of state organs and institutions, their last working hours as planned temporary workers in enterprises owned by the whole people or collectively owned enterprises at or above the county (district) can be calculated as working years.
It should be noted here that the school time of temporary workers should be deducted, and the working time of temporary workers should be combined with the time after graduation when assigning formal jobs, and its working time should be calculated from the working years.
The former Ministry of Labor's Wage Bureau's "On the Issue of Continuous calculate length after Seasonal Workers Turn into Formal Workers" ((63) Lao ZiNo. 185) stipulates:
After seasonal workers become regular workers, the actual working time of seasonal workers in this unit every year can be calculated as continuous service. What we should pay attention to here is the word "actual". The working hours of such personnel are based on the spirit of Comrade Yan Ling's speech in August 1 993, and also changed from the beginning of calculating the working years (length of service).
1In June, 958, the Ministry of Labor Insurance of the All-China Federation of Trade Unions issued the Opinions on Handling the Labor Insurance Treatment of Apprentices in Units with Labor Insurance Regulations, stipulating that after the apprentices become regular employees, the study period will be regarded as the length of service of the enterprise.
The former State Planning Commission Labor Bureau's "On the Calculation of the Length of Service of Rotation Workers" [73] No.7 stipulates that the calculation of the length of service of rotation workers should be calculated as temporary workers, that is, when the rotation workers return to their hometowns and are reabsorbed as national employees according to the needs of national production and construction, their continuous length of service should be calculated from the date of re-joining the work.
The Reply of the Insurance and Welfare Bureau of the former Ministry of Labor and Personnel on the Calculation of the Length of Service of Migrant Workers in Economic Construction (Labor Insurance Letter [1983] 15) stipulates that, according to the needs of production, the length of service of migrant workers after they are hired by employers or transferred to state employees in economic construction can be handled with reference to the provisions on temporary workers becoming regular employees, that is, their last continuous working time as migrant workers in their own units can be calculated as continuous length of service.
Reply of the former General Office of the State Administration of Labor on the issue of calculating the length of service by replacing agriculture with industry ((80) Labor Insurance LetterNo.10/No.). 4 1] stipulates that the last continuous working time of being a farmer in this unit before recruitment and replacement can be combined with the working time after being hired as a formal worker to calculate the continuous length of service.
(3) Calculate the length, a private teacher and a long-term substitute teacher.
1979, 10, 3 1 Notice on Private Teachers in Border Counties (Flags), Cities and Primary Schools Turning into Public Teachers issued by the Ministry of Education, the Ministry of Finance, the Ministry of Food, the State Ethnic Affairs Commission and the State Administration of Labor, and1July 8, 980. The continuous teaching time in two or more schools, which is transferred through due process, shall be counted as continuous service.
Private teachers who have been admitted (or recommended) to normal schools at all levels with the approval of the organization will continue to engage in education after graduation. The time of former private teachers can be combined with the time of engaging in educational work after graduation to calculate the continuous length of service.
Regarding the calculation of the length of service for private teachers, it is stipulated in the reply of the Planning and Finance Bureau of the State Education Commission [87] No.96 to the Hebei Provincial Education Commission that if a private (substitute) teacher is employed as a national official employee (teacher or cadre) anyway and continues to engage in education, the last working time approved by the organization before becoming a national official employee can be combined with the working time after becoming a national official employee to calculate the continuous length of service; Private (substitute) teachers who have been approved by the organization, entered various schools at all levels and graduated (or finished) and were assigned to engage in educational work (including working in educational administrative departments at all levels) can be calculated as continuous service.
If the public teachers whose working hours are calculated as continuous length of service are transferred to other departments with the approval of the provincial, prefectural (city) Education Bureau, their working hours as private teachers should still be calculated as continuous length of service according to the provisions of the Notice of the Ministry of Education forwarded by the former Provincial Education Bureau, Personnel Bureau and Labor Bureau. This regulation can only be implemented after the approval procedures for career change are strictly implemented in accordance with the regulations. 1993, the Organization Department of the Provincial Party Committee, the Provincial Personnel Department and the Provincial Education Commission jointly issued the Notice on Strictly Controlling Teachers and Cadres in Primary and Secondary Schools (Ren [1993] No.34), stipulating that all teachers and cadres transferred from primary and secondary schools must be approved by the local and municipal education commissions, and the local and municipal personnel departments shall handle them according to the cadre management authority. Primary and secondary school teachers and cadres with technical secondary schools, junior colleges and undergraduate degrees who want to change careers must pay 6,000 yuan, 8,000 yuan and 65,438 yuan+00,000 yuan to the local and municipal education commissions respectively, and then handle them according to the above provisions. According to the opinions of the Salary and Welfare Department of the Provincial Personnel Department, those who have gone through the formalities of changing careers without the approval of the local and municipal education departments cannot continue their previous work experience as private teachers.
1In August, 1993, Comrade Yan Ling's speech on the continuous working years of some staff stipulated that those who used to enjoy state subsidies to work as private teachers in towns and villages have officially joined the work without interruption, but now they are working in government agencies and institutions, their working years can be continuously calculated with the time after joining the work; Recommended or admitted to institutions of higher learning, secondary specialized schools, technical schools, and assigned to work in state organs and institutions after graduation, the time of engaging in private teachers before enrollment can be combined with the time of participating in work after graduation to calculate the working years, and the time of participating in work is also changed from the starting time of calculating the working years to.
(4) Calculate the length, rural doctor (barefoot doctor)
According to the provisions of the former Ministry of Labor and Personnel and the Ministry of Health's Labor Protection [1986] No.5 document, rural doctors (barefoot doctors) who are hired, replaced or employed as official employees of the state or enter medical colleges at all levels to study, graduate (or graduate) will become official employees of the state and continue to engage in health work, and their working time as rural doctors (including the working time of the original barefoot doctors) will be the last time before they become official employees of the state. In more than two units as a rural doctor (the original barefoot doctor) time, where there are proper procedures to mobilize, should be merged into continuous length of service.
To implement the above provisions, we should pay attention to the following three points: ① It does not include individual medical practitioners, let alone unlicensed medical practitioners. According to the provincial health department, rural hospitals (clinics) were established in our province as early as 1959. Therefore, the length of service of rural doctors in our province can only be traced back to 1959. ② The "due process transfer" in this article should be treated with caution. At least the transfer formalities shall be handled by the township authorities, which is also considered as "due process transfer". (3) According to the notice of the Ministry of Health [88] document No.22 on the calculation length, rural doctors after 1 988 65438+1October1must pass the examination by the health administrative department at or above the county level and obtain the certificate of rural doctors.
1August, 1993, Comrade Yan Ling's speech on the continuous working years of some staff stipulated that those who used to enjoy state subsidies to work as rural doctors (barefoot doctors) in towns and villages have not been interrupted in their formal work, but now they are working in government agencies and institutions, and their working years as rural doctors (barefoot doctors) can be continuously calculated with the time after joining the work; Recommended or admitted to institutions of higher learning, secondary specialized schools and technical schools, who are assigned to work in state organs and institutions after graduation, the time they worked as rural doctors (barefoot doctors) before school can be combined with the time they worked after graduation to calculate their working years. The time to take part in the work is also changed from the starting time of calculating the working years to.
(5) Calculate the length of service, and part-time employees who have enjoyed state subsidies in townships and above institutions.
1August, 1993, Comrade Yan Ling's Speech on the Continuous Working Years of Some Staff and the Notice on Printing and Distributing the Explanations of Some Specific Issues stipulated: In the past, I worked part-time in government agencies and institutions in cities and towns and above, and enjoyed state subsidies, but now I work in government agencies and institutions, and the time spent working part-time can be combined with the time after formal work to calculate the working years; Those who are recommended or admitted to institutions of higher learning, secondary specialized schools and technical schools, and assigned to work in institutions and institutions after graduation, the time spent in part-time work before school can be combined with the time spent in work after graduation and calculated as working years. Their working hours also change from the beginning of calculating the working years.
Part-time workers in townships and above organs and institutions who used to enjoy state subsidies (hereinafter referred to as part-time workers) refer to non-state formal workers (including planned temporary workers, excluding unplanned temporary workers, and those who are recruited by organizations, personnel and labor departments at or above the county level and engaged in full-time work in cadres or workers' posts). Part-time employees' formal participation in work uninterrupted means: (1) being directly employed as official national cadres or workers in the last part-time post; (2) After joining the army part-time for the last time, he was promoted to work in a local organ or institution; (3) Joined the army part-time for the last time. After demobilization, he was assigned to a formal job and became a formal state employee. Their working hours also change from the beginning of calculating the working years.
(6) Calculate the length, members of the "four clean-ups" and "fighting, approving and reforming" task forces.
The team members who participated in the "four clean-ups" or the "struggle, approval and reform" task force were directly recruited as national official employees from the "four clean-ups" or "struggle, approval and reform" jobs; Or recommended, directly admitted to junior colleges and technical schools, and officially distributed by the state after graduation; Or directly enlisted in the army, transferred to other jobs, and directly arranged by the government as regular employees after demobilization, the time to participate in the "four clean-ups" or "fighting, approving and reforming" can be combined with the later working hours to calculate the working years. However, the time spent in the above schools will be deducted; Working hours change from the beginning of calculating working years. (Yan Ling speaks)
(7) Calculate the length of service of national staff during their study.
1, official national employees who entered higher and secondary specialized schools to study graduation assignment before 1970, their calculated length of service is still implemented according to document 1962 Lao Xi Zi [62] No.292, that is, "they are sent to various schools for study due to work needs." If I apply for leaving my post with the approval of the leader and am admitted to various schools, and the school grants scholarships during the study period, the length of service cannot be calculated during the study period, and the length of service before and after the study can be combined and calculated as continuous length of service. "
2. To calculate the length of service, the national staff who entered institutions of higher learning, secondary specialized schools and technical schools from 1970 to 1978 should follow the documents issued by the State Council Guofa [1973] No.39 and No.81and the Ministry of Education, the Ministry of Finance and the State Administration of Labor [77].
3, 1979 years later, the calculated length of service of state employees admitted to ordinary colleges and universities, according to199 August 4, Ministry of Education, Ministry of Finance, State Administration of Labor [79] No.315, [79]194, [79] No.69. The continuous length of service before enrollment and after graduation can be combined. "
What is "national staff" has been stipulated in the documents [80] 158 and [80]25 issued by the Provincial Education Bureau and Labor Bureau in August 1980, that is, cadres and permanent workers (including apprentices, state-owned farmers and workers) in units owned by the whole people. This does not include temporary workers.
However, for the educated youth in rural areas who entered universities, secondary specialized schools and technical schools from 1970 to 1978, according to the relevant documents, the years of study can be counted as continuous service.
198 1 The former State Administration of Labor [8 1] Lao Xian Zi No.4 stipulates that employees who enter technical secondary schools and technical schools after 1979 will not be counted for their length of service during their study.
4. On the calculation length of graduate students during their study in school. The Notice of the State Education Commission, the Ministry of Labor and the Ministry of Personnel [1990] No.00 1 stipulates: 1, calculate length, a doctoral student in China, during his study. The length of service of graduate students studying abroad for doctoral degrees is still handled according to the relevant provisions of the Notice of the State Council on Approving the Interim Provisions of the State Education Commission on Studying Abroad (Guo Fa [1986] 107), that is, after the graduate students sent abroad to study for doctoral degrees obtain their doctoral degrees, the length of service is calculated in China within the approved period of studying for doctoral degrees. After the on-the-job personnel go abroad to study and return to work at their own expense, the length of service before going abroad can be retained and combined with the working time after returning home to calculate the length of service. Those who have obtained doctoral degrees and returned to work in China, who are studying for doctoral degrees abroad, will be combined with their length of service in China. The method of calculating the length is the same as that of public students. (two) the on-the-job personnel have obtained a master's degree in China, and the length of service is calculated during the study period. On-the-job personnel who go abroad to study for a master's degree and return to work after the master's degree are also counted in the prescribed study period. It should be noted that according to the current regulations, non-working personnel (such as recent college graduates) cannot calculate their continuous length of service during their study. This provision will be implemented from 1990 to 1. In the past, wages, insurance and welfare benefits related to length of service were not retroactive.
5. the State Council Guofa [1984] 185 Interim Provisions on Studying Abroad at One's own expense stipulates that students studying abroad at one's own expense can generally leave their jobs without pay, and those who ask for resignation can give their consent. Those who leave their jobs without pay will stop paying their wages from the next month after leaving the country. Those who go abroad for further study and return to work within five years can continuously calculate the length of service. If you return to work after five years, the length of service shall be calculated according to the working time abroad and after returning to China.
This document also stipulates that those who go abroad for further study at their own expense and have more than two years' work experience shall be paid by their original units within the approved time limit for going abroad, and their work experience shall be calculated according to the method of studying abroad at their own expense.
6. Part-time workers, private teachers and rural doctors (including barefoot doctors, the same below) were recommended or admitted to universities, secondary schools and technical schools during the period from 1970 to 1978. Does it count as their working years at school? Because part-time, private teachers and rural doctors are not official employees of the state before going to school, according to relevant state regulations, they cannot be counted as working years during school.
(eight) the calculation of the working life of the staff after being punished.
1. On the calculation length of criminals. According to a series of documents such as "Several Policy Boundaries on Handling Resettlement Work and Streamlining Remaining Problems" issued by the former General Office of the Ministry of Labor 1965 in February, if the former dismissed, dismissed, reeducation-through-labor or reeducation-through-labor personnel are found to have misconduct after screening and are rehabilitated, the time limit for punishing their mistakes after the resettlement work is completed shall be counted as working years. DocumentNo. [80]78 of the Insurance and Welfare Bureau of the former State General Administration of Labor stipulated similar provisions on the right and wrong of dismissing public officials.
2. On the calculation of the working years of people who are dismissed or subject to criminal punishment. According to Article 1 of Letter No.740 [59] of the former Ministry of Internal Affairs, if a staff member is dismissed or given criminal punishment, the working years shall be counted from the date of rejoining the work. If the circumstances are minor, with the approval of the appointment and removal organ, the working time before the punishment and the working time after rejoining the work can be combined and calculated as the working years. However, the working years of counter-revolutionaries and other bad elements who have been expelled from the Party or subjected to criminal punishment shall be counted from the date when they rejoin the work.
3. How to calculate the working years of employees after probation? According to the Reply of the Supreme People's Court and the State Administration of Labor1June 6, 978 on whether the length of service of the defendant who was sentenced to fixed-term imprisonment but still stayed in the original unit was calculated ([78] Fa Ban ZiNo. 1 1 [78] Lao Salary Zi No.20), he committed an ordinary criminal offence and was sentenced.
4, workers received reeducation through labor punishment (not expelled from public office) or supervise the calculation of the length of service of labor punishment. According to the provisions of Article 2 of Law LetterNo. 740th [59], the working years are generally not calculated during reeducation through labor and labor inspection. Their working time before being punished can be calculated as working years. Those who have been punished by reeducation through labor and returned to work after being expelled from public office can calculate their working years with reference to the spirit of this reply (Article 1).
5. The calculation of the working years of the staff who have been expelled from probation. According to the spirit stipulated in the letter [62] No.82 of the former Ministry of Internal Affairs, if a staff member is formally assigned to work after being expelled and kept on probation, the salary level will be assessed, and the working years can be calculated during the probation period.
In terms of calculating the length, the province is studying and drafting new documents, which will be implemented according to the new regulations after they are issued.
(nine) the calculation of the length of service of demobilized soldiers.
The former Ministry of Labor's Wage Bureau [63] No.260 document stipulates that length of military service, a demobilized, demobilized soldier assigned by the state to work in an enterprise, institution or state organ, should be combined with the working hours after joining the enterprise, institution or state organ to calculate the continuous length of service. After participating in the work of enterprises, institutions or state organs, when they transfer their jobs or voluntarily resign, the calculation method of their length of service is the same as that of ordinary employees, and if they do not obey the state's distribution to make a living for themselves, their continuous length of service will be calculated from the date of re-joining the work.
The former Ministry of Labor's Wage Bureau [63] No.260 also stipulates that if demobilized soldiers return to rural areas to participate in agricultural production and work in enterprises, institutions and state organs, their length of military service should be combined with the working hours after participating in enterprises, institutions and state organs to calculate the continuous length of service, and the length of service will not be calculated for a period of time after participating in agricultural production in rural areas.
The State Council [67] Lao Guo Zi No.382 Notice stipulates that "length of military service's length of service before enlistment" refers to the continuous length of service before enlistment. The continuous length of service of veterans who were sent home from work and veterans who joined the army from home can be calculated together. For veterans who originally joined the army from the positions of collectively owned units, their continuous service before joining the army can also be calculated together.
The General Political Department of the People's Liberation Army Document No.226 [63] stipulates that soldiers who were expelled from the army for illegal acts are not counted in length of military service in the past.
The State Council Guofa [1987] 106 stipulates that the length of service of conscripts shall be 10 months from the date when the military service organ approves their enlistment to the date when the army approves their discharge from active service. After leaving the army, those who are newly assigned to participate in the work, their length of military service and the time to be assigned should be calculated as continuous service. Before joining the army, he was an employee of state organs, enterprises and institutions. Their length of service and length of military service before enlistment, together with the time to be allocated, are calculated as continuous length of service and enjoy the same treatment as the employees of this unit.
The former State General Administration of Labor [77] Document No.33 stipulates that length of military service, a discharged conscript, shall be counted from the date when the conscription office of the county (city) Revolutionary Committee (or the People's Armed Forces Department) approves his enlistment; Retirement time shall be based on the date of approval for retirement from active service, and the length of military service shall be calculated. We believe that some military cadres need to do ideological mobilization work for a period of time after demobilization, and it is more appropriate to go through the formalities of discharge. Soldiers only retire from active service after their education is mature, and there is no gap between filling in and issuing certificates. Therefore, we think it is better to keep the original calculation method for calculating length of military service based on the date of approval for retirement from active service. Generally, the demobilization of military cadres is first approved by the higher-level organizations, and then formally discharged from the army and placed in local areas. Before being approved to go through the formalities of discharge from the army, they still belong to military cadres and enjoy military treatment, and some of them continue to work. Therefore, the length of military service deadline for demobilized military cadres should be based on formal resignation procedures.
The Ministry of Civil Affairs [1988] 19 stipulates that the "time to be allocated" for veterans refers to the time for veterans who meet the working conditions to wait for allocation after returning to the original collection place. In principle, the time to be allocated shall not exceed one year from the date of registration. Due to special circumstances such as organizational reasons, it can be extended appropriately. Do not meet the working conditions of rural veterans, retired to the original place to participate in agricultural production, and then by the labor department to arrange employment or self-employment included in the formal establishment, length of military service should also be combined with the length of service after participating in the work to calculate the continuous length of service (in the enterprise unit, that is, the length of service of the enterprise). Engaged in agricultural production from retirement to work, the length of service is not counted.