Temporary workers are actually a conventional name that we have formed in the past, which is generally used to describe short-term workers and seasonal workers. Now, it is even used to describe labor dispatch workers.
The difference between temporary workers and regular workers lies mainly in the establishment and treatment. China's employment system has undergone great changes in the past few decades. As early as October 1986, the employment system of enterprises at that time was generally divided into permanent workers who remained unchanged for a long time and temporary workers and seasonal workers within one year. A permanent worker is a regular worker, and only a permanent worker was eligible for retirement at that time. However, at that time, the main employers were mainly state-owned enterprises.
The relevant retirement system is mainly based on the 1978 Interim Measures on the Retirement and Retirement of Workers and the Interim Measures on the Placement of Old, Weak, Sick and Disabled Cadres. Workers of party and government organs and mass organizations of enterprises and institutions owned by the whole people who meet the corresponding conditions shall retire, and the normal retirement age is that men have reached 60 years old, women have reached 50 years old, and have worked continuously for 10 years. Now our retirement age is still based on these two documents, and it is no wonder that the state wants to improve the retirement age system.
Many young people today may have doubts about continuous service. As the name suggests, continuous length of service refers to continuous, uninterrupted length of service. According to the draft rules for the implementation of the Labor Insurance Regulations of 1951 and the Interim Provisions of 1957 on the Retirement Treatment of Workers and Employees, continuous service is the length of service in the enterprise. If the length of service is interrupted, it should be calculated from the time of re-employment. In particular, some employees who have been dismissed or re-employed after sentencing are counted from the time of re-employment.
For workers such as temporary workers and seasonal workers, unless they are converted to the form of fixed employment, there is no continuous length of service or the length of service is calculated from the beginning of re-employment. But when they switch to regular employment, they will calculate their continuous length of service from the last time they entered the company as a temporary worker.
In 1991, when the state promoted the implementation of the pension insurance system reform in state-owned enterprises, it was also clear that only the fixed employees of state-owned enterprises could be regarded as contributors for continuous service before the implementation of the pension insurance system. According to the notice of the former General Office of the Ministry of Labor on Printing and Distributing the Interim Measures for the Management of Individual Accounts for the Basic Pension Insurance of < Employees > (Laobanfa [1997] No. 116), the deemed payment period refers to the continuous working period calculated according to the provisions of the state before the actual payment period of the insured employee.
In October 1986, the state implemented the reform of the labor contract system of state-owned enterprises. Temporary workers and seasonal workers who entered the workforce after October 1986 shall also sign labor contracts. At that time, labor contract workers needed to establish a labor manual system, and individuals also needed to pay pension insurance.
Later, with the reform of the pension insurance system, our retirement conditions were changed from the past continuous working age system to the pension insurance cumulative contribution system. Now that the statutory retirement age has been reached, the pension can be paid on a monthly basis after 15 years of accumulated contributions to the pension insurance.
Therefore, it is possible that temporary workers who worked between October 1986 and 1992 were paid for old-age insurance. However, temporary workers will not have a deemed contribution period.
However, temporary workers generally do not suffer losses in the past years of contribution when calculating pensions. According to the pension calculation formula of each province and city, if it is the same number of years of contribution, the calculated pension treatment mainly includes the basic pension and the transitional pension. The calculation time of transitional pension is mainly the number of years of contribution before 1992 to 1997 and the number of years of deemed contribution. Therefore, it is true that there will be no loss in the calculation of transitional pensions. However, in some places, the deemed payment period is regarded as the same payment index, and the contribution index when calculating the pension is calculated according to the actual contribution index.
In general, as long as the temporary workers before 1992 participated in the pension insurance, they would calculate the pension, and generally did not suffer losses.