Is annual leave based on social security seniority or on entry into service

I. The difference between social security seniority and entry-level seniority

Social security seniority, usually refers to the cumulative number of years an employee has paid into social security. This reflects the number of years an employee has worked in the social security system. Entry-level seniority, on the other hand, refers to the cumulative number of years an employee has worked since the date of joining the company. The two are not exactly equivalent, as an employee may have worked for a company for many years without always paying social security, or may have a record of social security payments with several companies.

Second, the annual leave calculation of the company

The calculation of annual leave may vary from company to company. Some companies may calculate annual leave according to the age of the employee, i.e. the longer the employee has worked for the company, the more days of annual leave he or she will enjoy. Some companies may place more emphasis on an employee's social security seniority, which is considered to be more reflective of the employee's actual years of service.

Three, the annual leave calculation method of laws and regulations

In China, the labor law and the relevant leave system does not specify whether the annual leave is calculated according to the social security years of service or the age of entry into the workforce. Therefore, the regulations in this regard rely more on the company's internal system. However, no matter which calculation method is used, the company should ensure the fairness and reasonableness of the annual leave system to avoid unfair treatment to employees.

Fourth, the protection of employees' rights and interests

As an employee, you should be aware of your annual leave rights and interests, including the calculation method of annual leave and the specific number of days. If you think there are problems with the company's annual leave system, you can complain to the relevant departments or seek legal assistance. At the same time, employees can also negotiate with the company through trade unions and other organizations for a more reasonable annual leave system.

In summary:

The calculation of annual leave depends on the company's internal rules as well as relevant laws and regulations. Although the labor law does not specify whether it should be calculated according to social security service or entry service, the company should ensure the fairness and reasonableness of the annual leave system. Employees should also be aware of their annual leave entitlements and safeguard their rights and interests through legal channels.

Legal basis:

The People's Republic of China **** and the State Labor Law

Article 45 states:

The State implements the system of paid annual leave. Laborers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures shall be prescribed by the State Council.

The Regulations on Paid Annual Vacation for Employees

Article 2 stipulates:

Employees of institutions, organizations, enterprises, institutions, private non-enterprise units, and individual industrial and commercial enterprises with hired workers who have worked continuously for more than one year are entitled to paid annual vacation (hereinafter referred to as annual vacation). Units shall ensure that employees enjoy annual leave. Employees enjoy the same wage income during annual leave as during normal work.