Does leaving and returning to work count as a new employee

When an employee leaves a job and is reinstated, he or she is not necessarily considered a new employee.

When an employee leaves a job and rejoins the same company, seniority is usually calculated from the new start date. However, if the company agrees, the previous seniority can be combined with the new seniority. Length of service is categorized into general length of service, which refers to the total period of time an employee has worked, and local length of service, which refers to the period of time an employee has worked continuously at the company. In the event that a company ceases operations, goes bankrupt, or undergoes a transfer, reorganization, or merger, an employee's seniority may be combined. Employees should take these factors into consideration when they leave their jobs so that they can clarify their seniority accruals when they rejoin the company.

Social security payment rules:

1. Social security payment base: usually the employee's salary income as the calculation base, different regions have the minimum and maximum contribution base restrictions;

2. Social security payment ratio: set by the government, divided into two parts, the unit and the individual, and each bears a different proportion of social security costs;

3. Social security payment time There is a fixed payment window every month, and late payment may result in late payment or affect the social security benefits;

4. Types of social security: including pension insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance;

5. Provisions of social security payment: for the non-payment of social security fees, the employee or the unit can make up for the payment in the stipulated period of time.

In summary, when an employee rejoins the same company after leaving the company, the calculation of his/her seniority is usually based on the date of his/her new entry, but under certain conditions, if the company agrees, the previous seniority can be combined with the new seniority, and at the same time, it is necessary to take into account the difference between the general seniority and the seniority of this enterprise, as well as the impact of the change of the enterprise on the accumulation of seniority to ensure that he/she can accurately understand his/her own accumulation of seniority when he/she resumes his/her work.

Law

Legal basis:

The Law of the People's Republic of China on Labor Contracts

Article 39

The employer may terminate the labor contract if the worker has one of the following circumstances: (a) proved to be incompatible with the conditions of employment during the probationary period; (b) grossly violated the employer's rules and regulations; (c) grossly neglected his duties, engaged in fraud for personal gain and caused significant damage to the employer. causing significant damage to the employing unit; (4) where the worker simultaneously establishes labor relations with other employing units, which seriously affects the fulfillment of the unit's work tasks, or where the worker refuses to make corrections upon the employing unit's proposal; (5) where the labor contract is invalidated as a result of the circumstances stipulated in the first subparagraph of paragraph 1 (1) of Article 26 of the present Law; and (6) where he or she is being investigated for criminal responsibility in accordance with the law.

Article 47

Economic compensation shall be paid to the laborer at the rate of one month's salary for each full year of employment in the unit. If more than six months is less than one year, the amount shall be calculated as one year; if less than six months, the economic compensation shall be paid to the laborer at half a month's wage. If the worker's monthly wage is more than three times the average monthly wage of the workers in the region for the previous year as announced by the people's government of the municipality directly under the central government or of the city that has set up the district where the employer is located, the standard for paying him or her economic compensation shall be paid at the rate of three times the average monthly wage of the workers, and the maximum number of years for which economic compensation shall be paid to him or her shall be no more than twelve. The monthly wage referred to in this article refers to the average wage of the worker in the twelve months prior to the dissolution or termination of the labor contract.

The Labor Law of the People's Republic of China

Article 26

The employer may terminate the labor contract in any of the following cases, but shall give the worker thirty days' notice in writing: (1) if the worker is ill or injured not due to work, and after the expiration of the medical treatment period, he or she cannot perform the original work or the work that has been arranged by the employer; (2) if the worker is unable to perform the original work; (3) if the worker is not capable of performing the original work; or (ii) the worker is unable to perform the work, and after training or adjusting the work position, he or she is still unable to perform the work; (iii) there is a significant change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and no agreement can be reached on the change of the labor contract through the negotiation of the parties concerned.

Regulations on Paid Annual Vacation for Employees

Article 2

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

Article 3

When an employee has worked for an aggregate of one year but less than ten years, he/she shall be entitled to five days of annual leave; when he/she has worked for ten years but less than twenty years, he/she shall be entitled to ten days of annual leave; when he/she has worked for twenty years, he/she shall be entitled to fifteen days of annual leave. National statutory vacations and rest days are not counted as vacation days for annual leave.