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Are Part-Time Employees Entitled to Labor Benefits in Relation to Their Seniority?

Working period, also called seniority, represents an employed person’s length of time whose income or most of his/her income come from his/her job salary. Seniority, in some way it is perceived as a continuous contribution from the employee to the employer. Focusing on a full-time employee, the seniority should be calculated in accordance with the relevant laws and regulations promulgated by Human Resource Authority. The seniority generally includes the working period of an employee who worked in authorities, entities, corporations and industrial and commercial households and can be traced from social insurance records.

A full-time employee is entitled to receive a wide range of labor benefits in relation to his/her seniority, including benefits from severance payments, annual leaves, medical treatment periods and retirement benefits.

How about the part-time employees? Do they also have such benefits?

  • As to the severance, the Labor Contract Law expressly stipulates that both parties of the part-time employment relationship (whether the employer or the employee) may terminate the employment at any time by written notice to the other party. If so, the employer need not pay to the employee any severance;
  • As to the annual leave, there are no unified stipulations, however, some provinces have their own regulations towards the annual leave. For example, both Nei Monggol and Zhejiang province stipulate that the part-time employee are not entitled to annual leave, while Sichuan province stipulates that the annual leave could be negotiated by both the employer and the employee;
  • As to the medical treatment period, there are no unified stipulations, however, some provinces have their own regulations towards the medical treatment period. For instance, in Shanghai and Jiangsu province, part-time employees are not entitled to the medical treatment period;
  • As to the retirement benefits, the part-time employees are not entitled to such benefits.
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