Does flexible employment social security count as length of service?

Whether the social security of flexible employment is considered as the length of service is a concern of many flexible employees. For this problem, we need to make a comprehensive analysis from the definition of social security and length of service, relevant policies and regulations, practical operation and so on.

I. Definition of social security and length of service

Social security, that is, social insurance, is a social security system established by the state to ensure that citizens can maintain their basic livelihood when risks such as birth, old age, illness and unemployment occur. Length of service refers to the working time when employees take wage income as their whole or main source of livelihood. It is usually closely related to employees' welfare and promotion opportunities.

II. Relevant policies and regulations

In China, the government has a series of policies and regulations for flexible employees to participate in social security. According to "People's Republic of China (PRC) Social Insurance Law" and related implementation rules, flexible employees can voluntarily participate in the basic old-age insurance and basic medical insurance for urban workers and enjoy corresponding social security benefits. These policies provide a way and guarantee for flexible employees to participate in social security.

However, the law does not clearly stipulate whether flexible employment social security is considered as the length of service. The calculation of length of service is usually closely related to factors such as labor relations and wage income of employees, while the labor relations and wage income of flexible employees are often flexible and uncertain. Therefore, in practice, there may be differences in the determination of whether flexible employment social security is considered as length of service.

Third, the actual operation

In practice, some areas may calculate the social security payment period of flexible employees as part of the length of service, but some areas do not include it in the length of service. This mainly depends on local specific policies and practices. Therefore, when flexible employees are concerned about their length of service, they need to know the specific local policies, regulations and actual operations.

To sum up:

There is no clear legal provision on whether flexible employment social security is considered as length of service, and there may be differences in actual operation. Therefore, flexible employees need to know the specific local policies, regulations and practical operations in order to better safeguard their rights and interests. At the same time, the government and all walks of life should also pay more attention to and protect flexible employees and provide them with a fairer and more reasonable social security and seniority determination mechanism.

Legal basis:

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

Article 10 stipulates:

Employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

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

Article 7 provides that:

The employer shall establish a labor relationship with the employee from the date of employment. The employing unit shall establish a roster of employees for future reference.