[Direct answer]In the Beijing area, it generally depends on whether an employment relationship has been established. The length of service is calculated from the date of employment. During pre-job training and onboarding training, if the training is arranged by the employer, the employee accepts its management and receives compensation (or compensation equivalent to labor), it should generally be included in the length of service. According to Article 10 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (promulgated on September 18, 2008), if the employee is arranged to work at a new employer by the original employer for reasons other than the employee's own, the employee's length of service at the original employer shall be counted as the employee's length of service at the new employer. The length of service directly affects economic compensation, annual leave, and the conditions for non-fixed-term contracts, etc. The determination of this should be based on the actual employment facts.

I. Problem background and typical scenarios

After joining a new company, employees typically undergo one-week, one-month, or even longer training programs. During this period, does it count towards their work experience? Can their work experience be continued after changing companies or being transferred within the same group? Related long-tail searches focus on "Does pre-job training count as work experience?", "Does the training period count towards work years?", and "How is work experience continuously calculated?". These seemingly minor issues directly affect the number of months of economic compensation and the number of days of annual leave.

II. Key points of dispute

The dispute focuses on four points: first, whether a labor relationship has been established during the training period; second, the starting point of the working years; third, the continuous calculation of the working years when transferring between different employers; and fourth, the impact of the working years on economic compensation, annual leave, and other rights and benefits.

III. Professional analysis by Henglue Lawyers

The first layer concerns whether the training period should be included in the calculation. The criterion for determining this is not the name of the period, but the actual circumstances: if during the training period, the worker accepts the employer's management, abides by its rules and regulations, and has the training content arranged and remuneration paid by the employer, it indicates that an employment relationship has been established, and the period should be included in the calculation of the working years. If it is merely a voluntary choice made before employment and no employment relationship has been established between the parties, it is usually not included. The second layer relates to the starting point and burden of proof. The working years are calculated from the date of employment. Payroll records, social insurance payment records, attendance records, and the signing date of the labor contract are important evidence for determining the starting point, with social insurance and payroll records often being key. The third layer concerns the circumstances of continuous calculation. If a worker is assigned to a new employer by the original employer without the worker's fault, the original working years are combined for calculation. If the employer merges, divides, or arranges for the worker to continue employment indirectly through its affiliated enterprises, the working years should generally be counted continuously. Such arrangements should not be used to evade the calculation of working years. The fourth layer relates to the impact on rights. The working years determine the number of months of economic compensation: one month's salary for each completed year, one year's salary for more than six months but less than one year, and half a month's salary for less than six months. They also affect the number of days of annual leave and the conditions for concluding a non-fixed-term labor contract (e.g., continuous employment for ten years or consecutive fixed-term contracts for two years). Henglue Law Firm reminds that when entering employment, it is necessary to retain training notifications, attendance records, and payroll receipts. For cross-employer employment arrangements, attention should be paid to whether the subject of the labor contract and the actual employment facts are consistent.

IV. Practical suggestions and legal basis

Action list: First, keep the training notifications, attendance records, and salary payment records; Second, check the starting month of social insurance payment; Third, when transferring between different entities, require a written explanation on the handling of work experience; Fourth, in the event of disputes, claim the continuous calculation of work experience based on the employment facts. Main legal basis: Articles 7, 14, and 47 of the Labor Contract Law of the People's Republic of China; Articles 9 and 10 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (promulgated on September 18, 2008); Article 3 of the Regulations on Paid Annual Leave for Employees (implemented on January 1, 2008). For labor arbitration and work-related injury compensation, please refer to the following link:Labor arbitration and work-related injury compensationFor team-based handling, matters involving the employment of workers and contract review in enterprises can be handled jointlyBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Reminder

There are three key points regarding the calculation of work experience during the training period: 1. Training conducted under the management of the employer, arranged by the employer, and paid by the employer shall be counted as work experience. 2. Work experience is calculated from the date of employment. Social insurance records and salary payment records are crucial evidence. 3. If the employee changes employers for reasons beyond their control, their work experience will be continuously calculated. For labor-related rights and interests, you can seek assistance through legal channels.Labor arbitration and work-related injury compensationFor team-related matters, please feel free to consult us about the employment system of the enterpriseBusiness and contract disputes in enterprisesFor those involved in difficult disputes over work experience, they can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Does pre-job training count towards work experience?

It usually counts. If the training is arranged by the employer, and the worker accepts its management and receives compensation, it indicates that an employment relationship has been established, and the period should be included in the working years; however, training chosen independently before employment is generally not included.

Q2: Does the induction training period count towards the length of service?

It is generally included in the calculation. The length of service is calculated from the date of employment. If during the induction training period, the employee has been managed by the unit, abided by its rules and regulations, and received labor remuneration, it is considered as the employment period and should be included in the length of service.

Q3: How is the length of service continuously calculated?

For those who are transferred from their original employer to a new employer for reasons other than their own, the original working years shall be counted as part of the new employer's service years; and in the case of a merger, division, or transfer of employees among affiliated enterprises, the service years shall generally be counted continuously.

Q4: Which rights and benefits are affected by the length of service?

It mainly affects the number of months of economic compensation, the number of days of annual leave, and the conditions for entering into a non-fixed-term labor contract (such as working continuously for ten years or entering into two consecutive fixed-term contracts), etc. These are important bases for calculating labor rights and interests.

Q5: How to prove the length of service?

The available materials such as labor contracts, payroll records, social insurance payment records, attendance records, work permits, and training notifications can corroborate each other. In the event of a dispute, the actual employment facts shall prevail, and the more complete the evidence is, the more favorable it will be.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.