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Measures Of Xinjiang Uyghur Autonomous Region, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 新疆维吾尔自治区实施《工伤保险条例》办法

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Modalities for the implementation of the Labour Injury Insurance Regulations in the Nigang self-government area

(The 36th ordinary meeting of the Government of the Eleventh People's Government of the New Boyang Autonomous Region, 15 January 2013, considered the adoption of Decree No. 182 of 18 January 2013 by the People's Government Order No. 182 of the Newangur Self-Autonomous Region, effective 1 March 2013)

Chapter I General

Article 1 establishes this approach in line with the State Department's Regulations on Work injury Insurance.

Article 2 Employees have the right to work injury insurance under the law.

In the administrative area of the self-government zone, enterprises, utilities, social groups, non-commercial units of civil service, foundations, lawyers, accountants, etc. organizations and individual business-employed workers (hereinafter referred to as agents) should pay work injury premiums for all employees of the unit, including employed workers, in accordance with this scheme.

The human resources and social security administration in the district (market) are responsible for the current administrative regional work injury insurance, with the Social Insurance Agency (hereinafter referred to as the executing agency).

The relevant sectors, such as finance, health, safe production surveillance, are responsible for work-related insurance-related work within their respective statutory responsibilities.

The financial, auditing sector is governed by law by the payments and management of the work injury insurance fund.

Chapter II Work injury insurance fund

Article IV provides for the integration of the Autonomous Regions by introducing state, municipal (local) levels.

Article 5 states, municipalities (territory) have a system of work injury insurance reserves. The Work injury insurance reserve was extracted by 10 per cent of the previous annual work injury insurance fund, which was deposited with the Social Security Fund's financial exclusives for the treatment of work injury insurance for major accidents.

The cumulative balance of the work injury insurance reserve shall not exceed the income of the previous annual insurance fund.

Article 6. The self-government zone has established a system of district-level casualty insurance. The work injury insurance premium is used to pay benefits for work injury insurance treatment and to fund income and expenditure. Specific approaches are developed by the Human Resources and Social Security Administration of the autonomous region with the financial sector of the self-government region.

Article 7.

The user units should be registered with the host agency for the processing of work injury insurance, which should be completed within 15 days of the date of receipt.

Changes in or terminations in the user unit should be made available to the former agency for changes in the work injury insurance or for the cancellation process within 30 days of the date of the change or termination.

Article 8

The total amount of the employee's salary paid by the user unit for the work injury insurance rate is higher than that of the unit pay rate. It is difficult to determine the contribution base in accordance with the total salary of the user unit, which can be calculated in accordance with the proportion of the construction works, the area of operation services, the corresponding rate of the metric tons of mineral products.

Article 9

(i) Medical and rehabilitation costs for work injury;

(ii) Accommodation grant;

(iii) Transportation and accommodation costs for medical care outside the State, the city (land);

(iv) Accompanied equipment costs;

(v) The cost of living care;

(vi) A one-time disability grant;

(vii) The disability allowance paid by grades I to IV for disabled workers;

(viii) The termination or removal of labour relations shall be subject to a one-time injury medical grant;

(ix) The funeral grant, the pension for the raising of relatives and the one-time surviving benefit;

(x) Costs for labour capacity identification;

(xi) Costs such as policy advocacy, operational training for work injury prevention;

(xii) Laws, regulations stipulate other costs for work injury insurance.

Article 10 shall be communicated by 31 January of each year to the list of workers participating in the work injury insurance, the duration of the payment, the status of contributions, the determination of work injury, the treatment of work injury and the accident. There shall be no less than 15 days for the demonstration.

The user units should submit the information to the office.

Chapter III

Article 11. Staff accidents or identification of occupational illnesses as prescribed by the Occupational Diseases Prevention Act, which may be extended by 30 days for special case-holders' units who fail to make applications for work injury as prescribed by the prescribed time frame.

Article 12 Staff members or their close relatives are considered to be work injury, and the person's unit is considered to be non-working injury and bears the burden of proof by the user unit.

The human resources and the social security administration of the application shall submit the relevant evidence to the executive branch of the human resources and social security that are determined by the employee or his close family within 10 days of receipt of the letter of proof.

Article 13 Employees consider that work injury or occupational diseases have led directly to other diseases, which can be applied to the State, the city (local) human resources and the social security administration within one year from the date of medical diagnosis.

Article 14. The State, city (territory) human resources and social security administration can entrust the competent district (market) human resources and the social security administration with work injury determinations.

Chapter IV

Article 15. The self-government zone, state, city (territorial) Labour Capacity Identification Commission consists of the Human Resources and Social Security Administration at this level, the Health Administration, the Trade Union Organization, representatives of the executing agencies and representatives of the user unit.

Article 16

(i) The extent to which labour functional barriers are identified;

(ii) The degree of self-determination barriers;

(iii) Extensive confirmation of the duration of work staying;

(iv) Accreditation of a supporting tool;

(v) Identification of diseases and work-related injuries;

(vi) Recognition of work injury recovery;

(vii) Level of identification of the loss of labour capacity due to illness or non-worker disability;

(viii) Accreditation of commissioned labour capacities.

Article 17

(i) Identification of the application form for labour capacity;

(ii) Work injury determinations;

(iii) Medical institutions receive medical care, diagnostic certificates and screening tests, videos.

Article 18 The identification, review and identification findings were not altered or the identification of diseases and work-related injuries and the identification costs were borne by the applicant.

Chapter V

Article 19 applies for the treatment of work injury insurance and shall be submitted to the institution of the Agency for the treatment of workers and injury determinations. The office shall review and determine the payment of the relevant treatment within 15 days.

The following materials should also be submitted for the benefit of the extended family:

(i) Survival certificates at the household level, identity cards, and at the hands of the public security household administration or the commune (communes);

(ii) The main sources of life of the commune (communes) government, the street offices;

(iii) The Civil Affairs Department has shown the existence of unaccompanied elderly persons, orphans or foster parents and adoptive children.

The conclusion of a lack of labour capacity should also be submitted for the care of relatives. The identification of relatives with no labour capacity was brought by the Agency to the Commission.

Article 20 Medical costs prior to the injury of a worker are paid by a mattress unit; the work injury is determined to be in compliance with the work injury insurance fund's payment.

Article 21 Employers' treatment work injury shall be medically available in connection with service agreements concluded with the agencies of the Office, which may be first aided by near-school medical institutions, and the medical institutions that need to be treated after first aid breaks from dangerous conditions, should be transferred to the medical institutions that have signed service agreements.

Employers should report to the host agency within 10 days of the first aid of the medical institutions that do not conclude service agreements.

Article 2 does not have a self-sustainable worker to care for inpatient care during the suspension of work, with the responsibility of the unit responsible for assigning care or providing care for the average monthly salary standard for the employee in the year of his or her current unit, for a period of less than one month for the hospitalization period, with a pay rate of one month.

In the period of suspension of work, a person may not be removed or terminated with his or her own units, except in the case of his own voluntary submission.

Article 23 requires that workers be equipped with supporting equipment, as confirmed by the State, the City (territorial) Labour Capacity Identification Commission, to be equipped with supporting equipment at the targeted point. Project and cost criteria for the allocation of support equipment apply to the relevant provisions of the State, the self-government area.

Article 24 requires the rehabilitation of the worker, which is submitted by himself or by a person's unit, and is confirmed by the State, the City (terrior) Labour Capacity Identification Commission, to the targeted rehabilitation medical institution.

Article 25. Rehabiting medical institutions and supporting devices are defined by the Human Resources and Social Security Administration of the Self-Government Zone in accordance with the conditions set forth in the National, Self-Government Zone and made available to society. States, municipalities (local) institutions should enter into service agreements with rehabilitation institutions and supporting equipment-sharing agencies published in the self-government area and make them public.

Article 26 Employers who have long been living outside the place of the household, who, with the consent of the office of the former residence, may choose to receive medical treatment from the state of residence, the city (territorial) for work injury.

In accordance with the provisions of the State, the self-government zone provides for basic old-age insurance treatment, after the retirement process is governed by the law, at the level to the four disabled workers. The basic old-age insurance pension is less than the disability allowance, which is offset by the work injury insurance fund. The cost of living care received in the month and the medical expenses for old injuries continue to be paid by the work injury insurance fund.

The disability allowance is continued to be paid by the work injury insurance fund at the level to the level of disability benefits from the work injury insurance fund, with the mandatory retirement age.

Article 28 V, six-tier disabled workers themselves voluntarily submit and terminate their labour relations with the user unit in order to remove and terminate the average monthly wage of their employees in the State in which the labour relationship is terminated, and in the municipality (territorial) in the previous year, with the payment of a one-time disability employment grant by the user unit and the payment of a one-time medical grant to the work injury insurance fund. The five-level disability workers' one-time disability employment grant and one-time work injury medical benefits were issued in 27 months and 11 months, respectively, and six disabled workers were released 24 months and 10 months, respectively. As a result of occupational illnesses, a lump-sum medical grant was increased by 30 per cent on the basis of the standard.

Article 29, paragraphs 7 to 10, of the employment of maimed workers (replacement) contract expires on the expiry of the labour (recurement) contract or on the dismissal of the labour (employment) contract, in order to terminate or eliminate the average monthly wage of the worker in the State of the labour (replacement) relationship, in the city (land) and in the first year of the employee's employment grant paid by a person's unit for a lump-sum employment grant and to pay a one-time medical benefit for the work injury. A lump-sum employment grant and a one-time work injury medical grant were issued in 21 months and 9 months respectively, and eight disabled workers were released in 18 months and eight months, and nine disabled workers were released in 15 months and 7 months, respectively, and 10 disabled workers were paid 12 months and 6 months, respectively. As a result of occupational illnesses, a one-time work injury medical grant increased by 20 per cent on the basis of this standard.

Article 33 Post-retired diagnosis is a occupational illness, which has not been employed during the retirement period or has been exposed to occupational hazards, and has been verified by the Human Resources and Social Security Administration in their status, whether the former units are involved in the work injury insurance, and by the Labour Capacity Identification Commission. The former employee's offices participate in the work injury insurance, which is paid by the work injury insurance fund other than a one-time disability grant; the former unit does not participate in the work injury insurance and pays work injury insurance other than a one-time disability grant.

Article 31 provides for a one-time work injury medical grant and a one-time disability employment grant, which is implemented by the Human Resources and Social Security Administration of the self-government sector, in accordance with the actual circumstances.

Article 32 Deaths of the worker for the benefit of the breadwinner, which is authorized in the event of the death of the worker.

Employees who have been killed for the raising of their relatives have been granted basic old-age insurance for their workers, new rural social welfare insurance, old-age social insurance for the urban population, but the treatment rate is lower than the pension for their relatives and is filled by the work injury insurance fund; the uninsecuted balance is filled by the user unit.

Article 33 regularly receives disability benefits, work injury for living care or family members who receive a pension for a dependent family, and shall provide life certificates to the host agency annually.

Article 344, in accordance with the law, that a person's unit has participated in a work injury insurance, shall liquidate the following cost of the injury insurance:

(i) The basic health insurance expenses to be paid to disabled workers at the level to four levels;

(ii) V, VI-level disability workers should receive disability benefits;

(iii) A lump-sum employment grant for disabled workers at the seventh to ten levels.

Without participating in the work injury insurance, the following work injury insurance costs should be liquidated:

(i) The pension to be enjoyed by public death workers for raising relatives;

(ii) The disability allowance to be paid at the level to the fourth level for disabled workers, the cost of living care, the cost of medical rehabilitation for old injuries, the cost of the auxiliary equipment and the basic medical insurance expenses to be paid;

(iii) V, six-tier disability workers should receive disability benefits, basic health insurance fees, basic old-age premiums, configuration equipment and one-time work injury medical benefits;

(iv) A one-time injury medical grant and a one-time disability employment grant should be granted to persons with disabilities at seven to ten levels.

In line with the work injury insurance treatment paid by the Work injury Insurance Fund, payments continue to be made by the agency.

Chapter VI Legal responsibility

Article 33 fifteen of the unit of the agent, or for the care of the family for work injury insurance treatment, has been converted by a period of time by the Human Resources and Social Security Administration; a fine of up to 3,000 dollars over the previous period and informed the institution of the payment directly to the employee.

The treatment of work injury insurance paid by the Workers and Injuries Insurance Fund is entitled to seek compensation from the user unit.

Article 36, in violation of other acts under this approach, should assume legal responsibility and be implemented in accordance with the relevant laws, regulations.

Chapter VII

Article 37 of this approach is implemented effective 1 March 2013. The Government of the People of the Autonomous Region, which was enacted on 24 February 2004 by the new Uighur Self-Government Zone to implement the Act on Work injury Insurance (Government Order No. 115).