Is the length of service based on archives or social security?

Length of service is calculated by social security.

The length of service is calculated according to the social security payment period. It is related to fully funded institutions, because fully funded institutions do not pay endowment insurance, and the length of service is regarded as the payment period; It has something to do with people who worked before the establishment of social insurance. In the following cases, the service years of employees before and after are calculated continuously:

1. The enterprise management organ and the enterprise administrative organ continuously calculate the length of service before and after job transfer and laid-off (maintaining labor relations with the enterprise);

2, enterprise management organs, enterprise administrative deployment of domestic and foreign learners, their learning period and the length of service before and after the deployment should be calculated continuously;

3, due to the closure or bankruptcy of the enterprise, the staff and workers are handed over to other employees by the enterprise management authority, and the length of service before and after the transfer should be calculated continuously;

4. After the transfer, reorganization and merger of the enterprise, if the original employees remain in the enterprise, the length of service before and after the transfer, reorganization and merger shall be continuously calculated;

5. If the employee stops working due to illness or non-work-related injury for less than 6 months, it will be continuously calculated as the length of service of the enterprise; Workers who have returned to the original enterprise after more than 6 months of recovery, except for the period of more than 6 months, do not calculate the length of service, and their length of service before and after should be combined and calculated as continuous length of service.

How is the length of service determined?

How to determine the length of service: counting from the day when the employer works. According to the law, as far as the working hours of employees are concerned, wage income is the whole or main source of their lives. When calculating the general length of service, it should include the length of service of the enterprise.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 14 of People's Republic of China (PRC) Labor Contract Law.

An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time.

The employer and the employee may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

(1) The laborer has worked in the employing unit continuously for ten years;

(2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age;

(3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed.

If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee.