The length of service shall be determined by both parties to the labor contract through consultation. However, the employer must abide by two points when determining the service period with the laborer: 1, which should embody the principle of fairness and reasonableness and cannot abuse its rights; 2. It should be noted that if the service period agreed between the employer and the employee is long, the employer shall increase the remuneration of the employee during the service period according to the wage adjustment mechanism.

The length of service is calculated as follows:

1。 Continuous calculation method is also called continuous calculation length of service method. For example, if an employee is transferred from unit A to unit B, his working hours in both units will be counted as continuous service. If an employee is reviewed and recovered after being wrongly handled, the time of error handling can be continuously calculated as continuous length of service, and the length of service before and after error handling can be continuously calculated.

2。 Combination calculation method, also known as continuous service years combination calculation method. It means that if an employee's work experience is interrupted for a period of time not due to his own subjective reasons, the interruption time shall be deducted and the two working hours before and after the interruption shall be calculated together. If the number of retired employees decreases, the continuous working hours before resignation and after re-joining the work can be calculated together.

3。 Discount algorithm for service years. The continuous length of service of workers engaged in special types of work and special working environment can be changed.

Type of labor contract term

The term of a labor contract can be divided into three types: fixed term, non-fixed term and completion of certain work:

1。 A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the termination time of the contract in writing;

2。 An open-ended labor contract refers to a labor contract in which the employer and the employee have not agreed on the termination time of the contract in writing. ;

3。 A labor contract with the completion of certain work as the term refers to a labor contract in which the employer and the employee agree in writing that the completion of certain work is the condition for terminating the contract.

To sum up, it is Bian Xiao's relevant answer on how to determine the length of service, hoping to help you.

Legal basis:

According to the provisions of Article 22 of the Labor Contract Law, if an employer provides special training fees for workers and provides them with professional and technical training, it may conclude an agreement with the workers to stipulate the service period.

If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.

If the employer and the employee agree on the service period, it will not affect the employee's improvement of labor remuneration in accordance with the normal wage adjustment mechanism during the service period.