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How to determine the length of service when public institutions fail to pay social security?
Legal analysis: unpaid social security can also be included in the length of service, and the working years of staff are calculated on an annual basis. When calculating pensions and old-age pensions, the number of months remaining after annual calculation shall be counted as one year for those over six months and half a year for those under six months. The working time of employees during the probation period can be calculated as working years.
Legal basis: Article 23 of the Social Insurance Law of People's Republic of China (PRC), employees shall participate in the basic medical insurance for employees, and the employer and employees shall jointly pay the basic medical insurance premium in accordance with state regulations. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexible employees can participate in the basic medical insurance for employees, and individuals pay the basic medical insurance premium in accordance with state regulations.
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