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Implementation Measures For The Work-Related Injury Insurance In Shanghai

Original Language Title: 上海市工伤保险实施办法

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Means of implementation for industrial injury insurance at sea

(Summit No. 156th ordinary meeting of the Government of the Shanghai City of 21 November 2012 to consider the adoption of Decree No. 93 of 27 November 2012 on the People's Government of the Shanghai City, as of 1 January 2013)

Chapter I General

Article 1 (based)

In accordance with the Social Insurance Act of the People's Republic of China and the Labour Injury Insurance Regulations, this approach is being developed in the context of the current city.

Article 2 (As applicable)

This approach applies to businesses, business units, State agencies, social groups, non-commercial units, foundations, lawyers affairs, accountants' services and individual businessmen with employment (hereinafter referred to as “personal units”) and their practitioners.

Article 3 (Development of contributions)

Payments of work injury insurance are carried out in accordance with the provisions of the Social Insurance Act of the People's Republic of China and the provisional Social Insurance Regulations.

Article 4 (Country and Rescue)

The user units should be presented in the present unit.

In the event of work injury by practitioners, the user units should take measures to enable workers to be treated in a timely manner.

Article 5 (Management)

The Urban Human Resources Security Agency is the administrative authority for work injury insurance in this city, responsible for the uniform management of work injury insurance in the city.

The Regional and District Human Resources Security Bureau is responsible for the specific management of work injury insurance in the present administration.

The Centre for Management of the Social Insurance Fund (hereinafter referred to as “the institution of social insurance”) is specifically responsible for work injury insurance. The Urban Health Insurance Management Centre and the District, the District Health Insurance Centre (hereinafter referred to as the Medical Insurance Agency) are operating in conjunction with the Medical Insurance Service.

Article 6 (Option)

Policy, standards and standards for the development of work injury insurance in sectors such as the Urban Human Resources Security Agency should be consulted by trade union organizations and representatives of user units.

Trade union organizations maintain the legitimate rights and interests of workers and injured persons in accordance with the law and supervise the work injury insurance of the user unit.

Chapter II Work injury insurance fund

Article 7 (Financing and reserves)

The work injury insurance fund is paid by the user unit, interest earned by the work injury insurance fund and other funds included in the work injury insurance fund in accordance with the law.

In accordance with the relevant provisions of the State, the Workers and Injuries Insurance Fund retains a proportion of reserves for the treatment of work injury insurance for major accidents in the present city; the underpayment of the reserve is paid by the city's financial advances. The percentage and use of the reserve are carried out in accordance with the relevant provisions of this city.

Article 8.

The user unit shall pay the worker injury insurance on time. Individuals of practitioners do not pay their work injury contributions.

The cost of work injury insurance is determined in accordance with the principle of payment and balance of payments.

Article 9.

The number of contributions paid by the user unit for work injury is determined in accordance with the base of the payment of the basic old-age premiums to the unit.

Article 10 (at rates)

The user unit pays a basic rate for work injury insurance, which is 0.5 per cent of the contribution base.

The buoyage rate is applied on the basis of the base rate for the user units involved in accidents.

The rate of buoyage is determined on the basis of the use of injury premiums by the user unit and the incidence of accidents. The buoyage rate is divided into five files, at 0.5 per cent of the contributory base, up to 3 per cent of the highest rate after the buoy (basic rate of buoyage) after buoyage, and at the lowest rate after the buoy. The buoyage rate is approved annually.

Specific approaches to the buoyage of work injury insurance rates are developed by the Urban Human Resources Security Bureau in conjunction with sectors such as the city's finance, health, safety and productive management and are reported to be implemented after the approval of the Government of the urban population.

Article 11 (Question of payments)

The work injury insurance fund is used for the treatment of work injury insurance under this scheme, for the identification of labour capacity, for example, for work injury prevention, training, and for other expenses for work injury insurance under the law, regulations and regulations.

The proportion, use and management of work injury prevention costs are carried out in accordance with the relevant national provisions.

Article 12 (Management and oversight of the Fund)

The Workers and injuries Insurance Fund is integrated throughout the city and is deposited with the Principal Fund for Social Security at the municipal level, with special funds and no units and individuals may be automatically used.

The National Human Resources Security Agency monitors the payment of the work injury insurance fund by law.

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

Article 13 (Option of the institution)

The requirements for work-related injury insurance by PSIL, the Medical Insurance Agency, are included in the budget management in accordance with the approved requirements of the financial sector.

Chapter III

Article 14.

In one of the following cases, practitioners should be identified as working injury:

(i) In working hours and in the workplace, the causes of the work were damaged by accidents;

(ii) In the workplace before and after working hours, work-related preparatory or end-time work is injured by accidents;

(iii) In working hours and in the workplace, unintended injuries, such as violence, to fulfil their duties;

(iv) Occupational diseases;

(v) In the course of the work outside, the damage suffered or the accident was unknown;

(vi) In the course of the trip, a traffic accident or a urban orbit, passenger ferry, fire accident injury to a person's main responsibility;

(vii) Legal, administrative and regulatory provisions should be determined as other cases of work injury.

Article 15 (Consideration of work injury)

The practitioners have one of the following cases, depending on work injury:

(i) In working hours and working hours, sudden disease deaths or unavoidable deaths within 48 hours;

(ii) Be harmed in the maintenance of national interests, public interest activities, such as disaster relief;

(iii) Practitioners had previously been serving in the military and had been physically injured by war and public injury, and had obtained a revolutionary maiming of military personnel and released after the user unit.

In the first and second cases of the former paragraph, the practitioners are entitled to work injury insurance in accordance with the relevant provisions of this approach; the practitioners have the third condition of the former paragraph and receive work injury insurance other than one-time disability grant in accordance with the relevant provisions of this scheme.

Article 16 (Emission of work injury)

Practitioners are in compliance with article 14 and article 15 of this approach, but one of the following cases may not be found to be work injury or to work injury:

(i) A deliberate crime;

(ii) Drugs or drug abuse;

(iii) Self-handling or suicide.

Article 17 (Option of application)

In the event of accidents by practitioners or in accordance with the provisions of the Occupational Diseases Prevention and Control Act, the unit should submit an application for the identification of work injury from the date of the accident or from 30 days from the date of the accident or from the date of the diagnosis, identification of occupational illnesses to the area at which the user unit is located, as well as the district Human Resources Authority. In exceptional cases, the time frame for application could be extended appropriately, with the agreement of the Regional and District Human Security Agency.

In the absence of an application for work injury determination under the preceding paragraph, a practitioners or their close relatives, trade union organizations may submit a claim for work injury directly to the area at which the person's unit is located, and to the district of the county's human security office in the district.

The owner's unit did not present the application for the determination of work injury within the time frame set out in paragraph 1 of this article, during which the associated costs, such as the treatment of workers and injuries, were borne by that unit.

Article 18

The following material shall be submitted to the Commission for the purpose of making the application for work injury determination:

(i) Applying the application form for work injury;

(ii) Confirmation of labour relations with the user unit, including de facto labour relations;

(iii) Medical diagnostic certificates or occupational illness diagnosis certificates (or occupational illness diagnosis certificates).

The work injury determination schedule shall include the basic circumstances of the time, location, cause and degree of injury to practitioners.

Injury determinations that the applicant's material provided during the time period specified in this scheme is incomplete, and the Regional and District Human Security Bureau shall communicate a written written letter to the applicant for the full material that the applicant needs to be added. During 30 days, the applicant shall, in accordance with a request for additional material, be added to the late non-renewable but not to the statutory application period, may reproduce the application for the determination of the injury.

Article 19 (Option)

In the event of injury, the applicant was found to have submitted a claim for work injury in accordance with the law and the fullness of the requested material, the Regional and District Human Security Bureau should issue a letter of acceptance within 10 working days from the date of receipt of the worker injury determination. Incompatible with the conditions of admissibility, the Regional and District Human Security Agency was inadmissible and informed the applicant in writing.

Article 20 (Investigation verification and burden of proof)

After the approval of the application for work injury by the Regional, District Human Resources Security Bureau, it should be assisted by a person's unit, practitioners, trade union organizations, medical agencies and the relevant departments, in accordance with the requirement for review. The identification of occupational diseases and diagnostic disputes is carried out in accordance with the relevant provisions of the Act on Occupational Disease Control. In order to obtain a certificate of diagnosis of occupational illness or a certificate of occupational diagnosis, the Regional and District Human Security Bureau will no longer investigate the verification.

A person's unit, a practitioners or their close relatives may submit relevant material or legal instruments to the relevant administrative body or to the judiciary, in accordance with the different circumstances in which the worker or the worker is injured.

Practitioners or their close relatives are of the opinion that they are working injury and that the person's unit is not considered to be working injury and the burden of proof is borne by the user unit.

Article 21

The Regional, District Human Resources Security Bureau shall decide on the determination of work injury within 60 days of the date of receipt of the employment injury determination and, within 10 working days of the date of the decision of the worker's injury determination, be taken to the practitioners or their close relatives and the unit of the practitioners.

The decision to make work injury is determined to be based on the findings of the judiciary or the relevant administrative authorities, which shall be resumed in a timely manner, when the judiciary or the relevant administrative authorities have not concluded, the time frame for the determination of the worker injury is suspended and the reasons for the suspension of the time limit should be eliminated. The workplace injury determines that the time period is suspended and resumed, and the district and district Human Security Agency should inform the parties concerned.

The staff of the Regional, District Human Resources Security Bureau should be avoided in connection with the determination of the applicant's interest in the work.

Article 2 (Consolidation of matters)

The decision shall contain the following matters:

(i) The basic situation of the person's unit and the worker;

(ii) The Ministry of injury, the time of the accident and the time of the medical treatment or the name of the occupational illness, the injury and verification, and the basic conditions and diagnostic findings of the medical rescue;

(iii) Be determined to be the basis for injury to work, injury to work or for finding that it is not the basis for work injury or injury;

(iv) Determination of conclusions;

(v) The duration of the application for administrative review or administrative proceedings;

(vi) Time to determine the decision.

Work injury determinations should be accompanied by the identification of special seals for the work of the Human Resources Security Bureau of the Guégré and the District.

Article 23 (Acknowledgement of obligations)

In the event of the decision of the Regional, District Human Resources Security Service to apply to practitioners or their close relatives and the unit of the practitioners, the application procedure for the identification of labour capacity should be communicated in writing.

Chapter IV

Article 24 (Capacity identification)

In the event of injury by practitioners, there is a disability after the relative stability of the treatment and injury, affecting the labour capacity, which should be identified in terms of the extent of labour functional barriers and the level of living self-sustainable barriers.

Labour functional barriers are divided into 10 maimal levels, with life-saving barriers divided into three levels.

Labour capacity identification criteria are implemented in accordance with the relevant national provisions.

Article 25 (Accreditation body)

The City and Regions, the District Commission for the Identification of Labour Capacity (hereinafter referred to as “the Identification Commission”) is composed of the same level of human resources security, health, etc., as well as trade union organizations, representatives of the WCPU and representatives of the user unit. The Office of the Municipal and Districtal Identification Commission is located at the same level as the Human Resources Security Service responsible for the identification of the Committee's daily work.

The Urban Labour Capacity Identification Centre was commissioned by the Urban Identification Commission to identify specific matters such as the labour capacity of occupational sick persons and the re-identification of workers.

The Regional, District and District Identification Commission is responsible for the identification of workers and wounded in the present administration.

The Commission has established a pool of health specialists in accordance with the law to conduct the identification of labour capacities.

Article 26 (Capacity identification of applications)

The labour capacity of the worker may be identified by the user unit, the worker or his close relatives to the district, district identification committee. The labour capacity of occupational illnesses is validated and the application is made to the City Identification Commission.

The following materials should be submitted for the identification of labour capacity:

(i) Completion of the full list of labour capacity identification applications;

(ii) Decisions on work injury;

(iii) Relevant medical institutions are consulted about injuries.

Article 27 (Option of procedures)

Upon receipt of a labour capacity identification request, three or five relevant experts should be drawn from their health-care expert pools and, if necessary, identified by the Group of Experts. In accordance with the expert group's identification opinion, the Commission concluded the determination of the labour capacity of workers and injured persons within 60 days of the date of receipt of the application for identification. If necessary, the time frame for the conclusion of a labour capacity can be extended by 30 days. The Identification Commission shall, within 15 days of the conclusion of the identification of labour capacities, communicate the findings to the user units, workers, or their close relatives for the identification of the labour capacity, and inform in writing of the procedures for the treatment of work injury insurance, and provide a schedule for the treatment of work injury insurance.

The identification of the composition of the Commission or the participation in the identification of experts in the interest of the parties should be avoided.

Article 28 (Reconfirmation)

The applicant's unit, the worker or his close relatives who applied for the identification of the labour capacity is inconsistency with the finding of the labour capacity, may submit a request for re-identification to the ICRM within 15 days of the date of receipt of the findings.

The Municipal Council should organize another expert group to conduct a re-confirmation.

The re-confirmation concluded by the Urban Identification Commission is final.

Article 29 (Review of identification)

After one year from the date of the conclusion of the Working Captainability Identification, the worker or his close relatives, the user unit or the institution of the Agency may submit a request for review of the labour capacity.

Article 33 (Review and review of the period of time)

The time period for the identification and review of the Commission shall be implemented in accordance with article 27 of the present methodology.

Article 31 (Accreditation costs)

The initial labour capacity of workers and injured persons is charged by the work injury insurance fund.

The user units, workers or their close relatives have proposed for re-identification or review of the application, once again validate the findings to maintain the findings of the identification or review of the findings without change, and the identification costs are borne by the user units, workers or their close relatives that have submitted for re-identification or review of the application; re-confirmation of conclusions or review of the findings of the identification, as well as the need for periodic review, as required by the State, and the identification of the costs incurred by the Fund.

Chapter V

Article 32 (on medical principles)

Practitioners receive medical treatment for work injuries due to accidents or occupational illnesses.

The treatment of workers and injuries shall be medically available at the targeted medical institution in this city or at the vocational medical facility. When the situation is urgent, it is possible to start first aid for near-medical medical institutions and, after the stabilization of the condition, to be transferred to targeted medical institutions in a timely manner. There is a need for referral of treatment to the municipalities of the province, as evidenced by the customary medical agency in the city, which is agreed by the PS.

Workers and injuries need to be rehabilitated and workers should be selected to work injury rehabilitation agencies that have signed service agreements with the municipal health service agencies.

Article 33 (Currence of medical and rehabilitation costs)

The medical costs required for the treatment of work injuries are in line with the directory of work injury insurance treatment projects in the country and in the city, the directory of work injury insurance medicines, and the standards for the hospitalization of work injury insurance.

The directory of work injury insurance treatment projects in this city, the directory of work injury insurance medicines, the standards for the hospitalization of work injury insurance insurance, are implemented in accordance with the provisions of this city related to the scope of the basic health insurance treatment project, the scope of drug use and the scope of medical services facilities.

The cost of working injury rehabilitation to work injury rehabilitation institutions is in line with national and current municipal work injury rehabilitation services projects, work injury recovery treatment guidelines, and payments from the work injury insurance fund.

In the event of administrative review, administrative litigation, after the decision of the District and the District Human Security Service to determine the injury, the administrative review and administrative proceedings did not stop paying medical expenses for work injury.

The treatment of non-worker injuries caused by work injury is not included in the coverage of the work injury insurance fund.

Article 34 (Currence of medical and rehabilitation costs)

The medical and rehabilitation costs incurred by workers and injured persons are subject to review by the municipal or district, district and district medical institutions, and are settled by the IPS with the targeted medical institutions in the city or by the workplace injury rehabilitation agency.

The work-related injury is paid by the Medical Insurance Fund after the first payment is made by its individual to the SPS institution for the first-hand payment of compensation, subject to approval by the municipal or district, district and district medical agencies.

Article XV (Accommodation allowance, transportation accommodation standards)

In-patient care for workers and wounded by the work injury insurance fund is paid under the prescribed standards; in accordance with the customary medical agency of the present city, the medical agency has provided evidence that the employee is admitted to the outside province for medical treatment, the work injury is paid by the work injury insurance fund to pay accommodation fees under the prescribed standards, and the transportation costs are actually distributed in accordance with the transportation tool approved by the PS.

Inpatient feeding fees, the identification of boarding standards and the manner in which they are adjusted in due course, are developed by the Ministry of Human Resources Social Security to report to the Government of the city after approval.

Article XVI (Supportorization)

As a result of daily or employment needs, the Commission has confirmed that the costs are in line with projects and standards established by national and current auxiliary instruments, from the work injury insurance fund, and are to be covered by the WCSS and the supporting body.

Article 37 (Proceeds for Work)

Practitioners are subject to accident injuries or occupational illnesses to suspension of work-related injury treatment, and in the period of suspension of work, the old salary benefits are treated without change and are paid by the unit in month.

The duration of the work is not normally up to 12 months, with a specific period determined on the basis of the diagnosis of illnesses from the targeted medical institutions. The injury is serious or exceptional and, as confirmed by the Commission, may be extended appropriately, but not more than 12 months. After the workers' assessment of the level of disability, the treatment was suspended and the disability was treated in accordance with the relevant provisions of the scheme. The medical treatment of work injury continues to be treated after the termination of the work injury.

Life cannot be self-sustained workers to be cared for during the suspension period of work.

Article 338 (Eternal care)

The workers have assessed the level of disability and confirmed by the Commission that they need life care, paying the cost of living care from the work injury insurance fund in the month.

The cost of living care is not entirely self-sustainable, most of the life is not self-sustainable or part of the life sector cannot be paid at three different levels, with the standard of 50 per cent, 40 per cent or 30 per cent of the average monthly salary of the previous year-wide worker.

Article 39 (Multi-IV treatment)

Workers and injured persons were identified as maiming at the level to four levels and retained labour relations, withdrew from their jobs and enjoyed the following treatment:

(i) A lump-sum grant from the work injury insurance fund. At the level of disability, the worker's salary for 27 months; the secondary disability was 25 months; the third-tier disability was 23 months; the four-tier disability was 21 months.

(ii) The payment of disability benefits from the work injury insurance fund by month. At the level of disability, 90 per cent of the worker's personal salary; 85% at the secondary level; 80% at the third level of disability; and 75 per cent at the fourth level.

(iii) After having reached the mandatory retirement age and after the payment of a monthly pension, the disability allowance is discontinued and the basic old-age insurance treatment is enjoyed. The basic old-age insurance treatment is less than the disability allowance and is filled by the work injury insurance fund. The arrival of workers in the statutory retirement age is not in accordance with the monthly pension conditions, and the work injury insurance fund continues to pay disability benefits.

(iv) The user units and workers participating in the basic health insurance in the city are based on disability benefits and are treated with basic health insurance by paying basic medical insurance expenses in the month. After having reached the mandatory retirement age, workers and wounded continue to enjoy basic health insurance treatment. Workers and injured persons have reached the mandatory retirement age but are not in accordance with the conditions for continuing access to basic health insurance treatment, while the person's unit and the workers' injury are based on disability benefits and continue to receive basic health insurance treatment in accordance with a one-time payment of basic health insurance expenses, in accordance with basic health insurance provisions.

Article 40 (Discrimination 5-6)

Workers and injured persons were identified as five-level and sixth-level disability, with the following treatment:

(i) A lump-sum grant from the work injury insurance fund. The fifth level of disability is paid to workers and injured persons for 18 months; the sixth level of disability is 16 months.

(ii) Reservation of labour relations with the user unit and arrangements for appropriate work by the user unit. It is difficult to arrange for work by the user unit to grant the disability allowance by month. The fifth level of disability is 70 per cent of the worker's salary; the sixth level of disability is 60 per cent. Social contributions are also continued to be paid in accordance with the provisions. The actual amount of the disability allowance is lower than the minimum monthly wage for the workers in this city and is filled by the user unit.

As a result of the work injury himself, the worker may disband or terminate the labour relationship with the user unit, paying a one-time injury medical benefit from the work injury insurance fund and a one-time disability employment benefit from the user unit. The five levels of disability are the average monthly salary for full-market workers for 18 months; the six-level disability is 15 months.

The worker himself submits the dismissal of labour relations with the agent's unit and the removal of labour relations from a legal age of less than five years, with less than one year reduced by 20 per cent for a one-time medical injury and a one-time disability employment grant, except under article 38 of the People's Republic of China Labour Contracts Act.

The treatment provided for in paragraph 2 of this article is not subject to the treatment provided for in paragraph 2 of this article because of the retirement or death of workers.

Article 40 (Multilateral treatment)

Workers and injured persons were identified as being disabled by grades 7 to 10, with the following treatment:

(i) A lump-sum grant from the work injury insurance fund. At the 7th level, the worker's salary for 13 months; the eight-tier disability was 11 months; the nine-year disability was 9 months; and the 10-grade disability was 7 months.

(ii) The termination of the labour contract or the dismissal of the labour contract by the worker herself, which is paid by the work injury insurance fund for a one-time work injury medical grant and a one-time disability employment grant by the user unit. At the seventh level, the average monthly salary for full-time workers is 12 months; the eight-tier disability is 9 months; the nine-year disability is 6 months; and the 10-level disability is three months, respectively.

The worker himself submits the dismissal of labour relations with the agent's unit and the removal of labour relations from a legal age of less than five years, with less than one year reduced by 20 per cent for a one-time medical injury and a one-time disability employment grant, except under article 38 of the People's Republic of China Labour Contracts Act.

The treatment provided for in paragraph 2 of this article is not subject to the treatment provided for in paragraph 2 of this article owing to the retirement or death of workers.

Article 42

The work injury was recovered and, as confirmed by the Identification Commission, the treatment of work injury insurance under article 32 of the scheme, article 33, article 33, article 33, article 33, and article 33, to article 38 was granted.

Workers and injured persons are removed or terminated their labour relations with the user's unit and, in accordance with the provisions of this scheme, receive a one-time medical grant for injury and a one-time disability employment grant without prejudice to the treatment provided for in article 32, article 33, article 33, article 33, article 33, article 33, article 33, article 35 to article 38 of this scheme.

Article 43

Because of the death of practitioners, their close relatives receive funeral benefits from the work injury insurance fund, pension benefits for relatives and one-time surviving benefits under the following provisions:

(i) The funeral grant is the average monthly wage for all-urban workers in the previous six-month period for practitioners.

(ii) The pension of the family for the benefit of the family is paid to the relatives of the main source of life and the lack of labour before their birth. Of these, 40 per cent of spouses per month and 30 per month for each other's relatives; 10 per cent increase on the basis of the above-mentioned criteria per person who is unaccompanied or orphaned. The approved pension shall not be higher for the benefit of the dependent family and shall not be higher than for the former employee.

(iii) The one-time work surviving benefit rate is 20 times the per capita income of practitioners for the previous year when they died.

Workers and injured persons died as a result of work injury during the suspension of work, and their relatives enjoyed the treatment provided for in paragraph 1 of this article.

Nearly their relatives can benefit from the treatment provided for in paragraphs 1 (a) and 2 of this article.

The specific scope of the breadwinner is implemented in accordance with the relevant provisions of the State.

Article 44 (Amendment of treatment)

The disability allowance, the criteria for the raising of family pension and the cost of living care are adjusted in due course by the Urban Human Resources Security Bureau, in accordance with the average salary and changes in living costs for all urban workers. Adjustments were developed by the Ministry of Human Resources in the city, followed by the approval of the Government.

Article 42 (other relations of reparation)

As a result of work injury caused by third-party causes, the third party pays medical costs for work injury. The third person does not pay for the cost of work injury or is unable to determine the third person and is paid by the work injury insurance fund. After the payment of the work injury insurance fund, the Agency was entitled to seek compensation to third parties in accordance with the provisions.

The expenses incurred by the user unit or the work injury insurance fund prior to the payment of the lump-sum salary benefits, one-time disability grant, one-time surviving benefits, and other work-related injury insurance benefits, shall be reimbursed accordingly by the worker or his close family after receiving third-party compensation.

Article 46 (Discrimination of persons who have been affected by accidents outside the work or by the seizure of a disaster)

Practitioners have incurred accidents during their work out of work or have been left unaccounted for in the event of a accident within three months of the incident, paying their salary from the 4 months of the accident, and are paid by the Labour Insurance Fund for payment to their relatives for the benefit of their families by month, in accordance with the criteria set out in article 43, paragraph 1, paragraph 2, of this scheme. There are difficulties in living and 50 per cent of one-time surviving benefits can be expected. The practitioners have been declared dead by the People's Court and are dealt with in accordance with article 43 of this approach.

Article 47 (Cessation of treatment)

There are one of the following cases in which workers and injured persons are stopped enjoying work injury insurance treatment:

(i) The loss of the conditions of treatment;

(ii) To reject the recognition of labour capacity;

(iii) The denial of treatment.

Article 48 (Responsibility of insurance)

The sub-offices, mergers and transfers should assume the responsibility for work injury insurance for the former agent units.

The responsibility for work injury insurance is assumed by the unit of the worker's labour relationship.

The practitioners were injured during the secondment period by work-related accidents, which were assumed by the former agent's units to work injury insurance liabilities, but the former unit could agree with the secondment unit.

The practitioners of the labour dispatch units were injured by work-related accidents during the delivery of labour, and the liability for work-related injury insurance was borne by the labour dispatch unit or by the work unit, with a specific finding approach developed by the Urban Human Resources Security Agency. The buoyage rate of work injury insurance is vested by the work unit.

Insolvency of enterprises, the cost of treatment of work injury insurance should be paid by the unit at the time of insolvency liquidation.

Article 49 (Emission compensation)

Practitioners are dispatched to work on the basis that the law to travel to or from the country should participate in local work injury insurance, participate in local work injury insurance, and their domestic work injury insurance relations are suspended; they cannot participate in local work injury insurance, and their domestic work injury insurance relations are not suspended and are treated under this scheme.

Article 50 (Option of treatment)

Practitioners are responsible for the treatment of work-related injury insurance by a user unit, a worker or his close family to the WCO and provide the following:

(i) To complete the full application for work injury insurance treatment;

(ii) The payment of vouchers for work injury medical expenses;

(iii) Evidence of labour relations between workers and those responsible for work injury insurance;

(iv) The identity of the person being treated and the evidence of the dependency relationship with the person killed;

(v) Distinguished or declaration of proof of death;

(vi) Other relevant materials.

The Agency shall, within 30 days of the date of receipt of the application for the treatment of work injury insurance, review the conditions for workers or their close relatives to the treatment of work injury insurance. In accordance with conditions, the criteria for their treatment were approved and paid in full on time; the conditions were not met and should be communicated in writing.

Chapter VI

Article 50 (Support by full-time practitioners)

The user units for non-time practitioners should pay their work injury insurance contributions in accordance with the contributions base and rates set out in the scheme.

The working relationship with the user's unit is governed by the Labour Contracts Act of the People's Republic of China, the Labour Contracts Regulations of the Shanghai City and the following occupational injury insurance treatment:

(i) The treatment of work-related injury insurance payments made by the work injury insurance fund pursuant to this scheme;

(ii) In the light of the scheme, the user unit responsible for the insurance shall pay for the duration of the work of the suspension and shall not be less than the monthly minimum wage for the entire municipal worker;

(iii) At the level of maiming and at the fourth level, the disability allowance enjoyed by the user units and workers responsible for work injury insurance is based on a one-time payment of basic medical insurance expenses to work-related injured persons to the mandatory retirement age and to receive basic health insurance treatment;

(iv) A disability employment grant is paid by a user unit responsible for work injury insurance, according to the criteria set out in this scheme.

Article 52 (Work injury treatment of co-insecutors)

Employees are employed by the employment-registered consortia, whose salary income is not taken into account in the payment base for the injury insurance of the agent's unit.

In the event of work injury by the custodian, it may be entitled to the treatment of work injury insurance under this scheme, and the buoyage rate for the next year of the authorized unit of the agent, in accordance with the provisions of this scheme.

Article 53 (Option of practitioners of non-employment organizations)

After the non-employment labour organization pays work injury premiums on the basis of the contributions base and the rate provided for in this scheme, it provides for work injury to registered practitioners in the city or in the district and district human security offices, which provide for treatment of work injury insurance paid by the work injury insurance fund.

Article 54 (Special provisions of external practitioners from non-urban households)

Foreign practitioners of non-communes at the level of work maiming and grade IV may benefit from work-related injury insurance treatment in accordance with the criteria for treatment projects and the manner in which they pay. The selection of a lump-sum treatment for work injury insurance was made by the worker and was confirmed by the agreement in the form of an agreement. As confirmed, no change has been made, its work injury insurance relationship terminated or terminated with the labour relations of the user unit.

Foreign practitioners of non-communes at the level of work maiming and grade IV have chosen to receive work-related injury insurance treatment in a lump-sum manner, whose work has been recovered by medical fees and the one-time disability benefits, disability benefits, living care and the identification of support equipment, etc., are paid by the worker injury insurance fund on a one-time basis by the Urban Human Resources Agency, which is subsequently approved by the Government.

Article 55 (Special provisions on treatment payments)

In accordance with this approach, a one-time disability grant is paid at the level to ten employees, below the amount of $3896, which is due to the number of months corresponding to the disability level, the difference is partly filled by the work injury insurance fund: at the level of disability, for 24 months; at the secondary level, for 22 months; at the third level, disability, for a period of 20 months; at 18 months; at the fifth level of disability, 16 months; at the sixth level, at 14 months of disability; and at 10 months of disability;

Pursuant to this approach, the tier-IV casualty workers are paid at the same time as the annual disability allowance and the survivor's pension for the family, which is less than the minimum standards for the treatment of the two work injury insurances published by the POW.

Chapter VII Legal responsibility

Article 56 (Legal responsibility)

In violation of the provisions of this approach, the laws and regulations such as the Social Insurance Act of the People's Republic of China, the Labour and Injury Insurance Regulations are governed by their provisions.

Article 57 (Legal responsibility of the relevant bodies)

The services agreement may be lifted by the Medical Insurance Agency and the Agency.

The Municipal Medical Insurance Agency, the WCSS, is not fully compliant with the costs in full and on time, and is being restructured by the POHR Bureau, which can be removed from service agreements by the Agency for Rehabilitation, the subsidiary body.

Article 58 (Conference of non-insecution or non-payment of contributions)

The user unit does not pay the contribution of work injury under the law and is treated in accordance with the relevant provisions of the Social Insurance Act of the People's Republic of China and the provisional Social Insurance Scheme.

Employees who are not participating in work injury insurance or who have not paid their work injury insurance under the provisions of this scheme shall take part in the work-related injury insurance or are not paid as prescribed by the provision for the payment of work-related injury insurance premiums. The user unit does not pay, paying from the work injury insurance fund. Costs paid from the work injury insurance fund should be reimbursed by the user unit. Unpaid by the user unit, the WCPU receives reimbursement under the law.

After taking part in the work injury insurance and repayment of the insurance premiums for work injury, lags, the work injury insurance fund and the user units pay new expenses in accordance with the provisions of the scheme.

Article 59 (Control)

The relevant provisions of the labour personnel dispute settlement are applied in the controversy between workers and agents.

Article 60 (Administrative review and administrative proceedings)

Units and individuals are not consistent with the specific administrative acts provided by the municipal or district, the district Human Security Service, or by the Agency, the Medical Insurance Agency, in accordance with this approach, may apply for administrative review or administrative proceedings in accordance with the law.

Chapter VIII

Article sixtieth (Definition of salary)

The scheme refers to the average monthly wage paid by workers and injured persons for 12 months prior to the accident or occupational illness. The salary is higher than the average salary of the workers in the present city, calculated at 30 per cent of the average salary of the workers in this city; the salary is less than 60 per cent of the average salary of the employees in this city and is calculated at 60 per cent of the average salary of the workers.

Article 62 (Special provisions on the scope of application)

The State regulates the work injury insurance of State organs and agents that are governed by civil service law, as well as social groups.

Article 63 (Day of operation and cancellation of matters)

This approach has been implemented effective 1 January 2013. Decision No. 29 of the Supreme People's Government Order No. 29 of 27 June 2004 and, in accordance with Order No. 52 of 20 December 2010, of the People's Government of the Shanghai City to amend the application of the regulations of 148 municipalities, such as the provisional provision for the processing of agricultural accidents in the Shanghai City.