Does the interruption of social security affect the length of service?

The interruption of social security will affect the calculation of length of service.

First, the relationship between social security interruption and calculation period

Social security payment is an important embodiment of the protection of workers' rights and interests, and it is also one of the important bases for calculating the length of service. Under normal circumstances, the calculation of the length of service will consider the employee's social security payment record. If the social security payment is interrupted, the calculation of the length of service will be affected accordingly. This influence is mainly reflected in the continuity and integrity of the length of service, which may lead to the actual length of service being shorter than expected.

Second, the reasons and effects of the interruption of social security

There are many reasons for the interruption of social security, including but not limited to unemployment, job hopping, entrepreneurship, personal reasons and so on. These reasons will lead to employees not paying social security for a period of time, which will affect the calculation of seniority. The interruption of social security will not only affect the length of service, but also affect the welfare benefits of employees, such as pension and medical insurance.

Third, how to avoid social security interruption?

In order to avoid the impact of social security interruption on the length of service and welfare benefits, employees should try their best to maintain the continuity of social security. During unemployment or job-hopping, you can choose to continue to pay social security as an individual; During the period of starting a business, you can also consult relevant departments to learn how to continue to pay social security. In addition, employees should also pay attention to their social security payment and pay back the social security fees that have been missed in time.

Fourth, calculate other factors of length.

The calculation of length of service may be influenced by other factors besides the years of social security payment, such as the change of work unit and the change of work nature. Therefore, when calculating the length of service, it is necessary to comprehensively consider multiple factors to ensure the accuracy and fairness of calculating the length of service.

To sum up:

The interruption of social security will affect the calculation of length of service, which may lead to the loss of continuity and integrity of length of service. In order to avoid this influence, employees should try their best to maintain the continuity of social security, pay attention to their own social security payment, and pay back the missed social security fees in time. At the same time, when calculating the length of service, many factors need to be considered comprehensively to ensure the accuracy and fairness of calculating the length of service.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 16 stipulates:

Individuals who participate in the basic old-age insurance will receive the basic old-age pension on a monthly basis if they have paid a total of fifteen years when they reach the statutory retirement age. Individuals who participate in the basic old-age insurance and pay less than fifteen years when they reach the statutory retirement age can pay for fifteen years and receive the basic pension on a monthly basis; Can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.

Labor law of the people's Republic of China

Article 72 provides that:

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

People's Republic of China (PRC) (China) Labor Contract Law

Article 38 provides that:

If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.