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Guangzhou City Worker Injuries Work Competency Expertise On Ways

Original Language Title: 广州市职工伤病劳动能力鉴定办法

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Expansion of labour capacity for employees in the city

(The 19th ordinary meeting of the Government of the Greater State of 10 June 2012 considered the adoption of the Decree No. 74 of 27 June 2012 concerning the implementation of 1 September 2012.

Article 1 establishes this approach in the light of the relevant provisions of the State Department's Work injury Insurance Regulations, the Regulations on Work and Injury Insurance in the Province of El-East Province.

Article 2 applies to all categories of persons affiliated to this city (including State organs, enterprises, utilities, social groups, non-commercial units, individual businessmen, foundations, lawyers services, accountants, etc., corporate units) and their employees or staff who need to be identified for labour capacity (referred to as sick workers).

The unemployed who had been required to retire in advance of sick leave would need to be identified in the labour capacity, taking into account this approach.

Article 3

(i) Identification of the extent of the barriers to the functioning of the sick worker;

(ii) A hierarchy of barriers to the life of sick workers;

(iii) Identification of labour capacity for sick or unemployed persons for early retirement;

(iv) Recognition of the duration of the work injury stay (also known as the medical period for work injury or the end of the medical period for work injury);

(v) Acknowledgement of sick, severe or severe illnesses for sick workers;

(vi) Confirmation of the relative stability of the sick;

(vii) Technical advice on the relevance of the injury to the disease;

(viii) Reconfirmation of illnesses;

(ix) Recognition of the need for suspension after medical ends;

(x) Recognition of the installation, maintenance and replacement of work injury rehabilitation and support equipment;

(xi) A hierarchy of barriers to working capacity for foster relatives;

(xii) Other commissioned labour capacity identification.

Article 4

The IPR Office is based in the urban human resources and social security sector, which deals with day-to-day affairs.

Article 5

At the time of the identification of the labour capacity of the injured worker, the City Commission for the Identification of Labour Capacity was randomly drawn from three or five relevant experts in the expert pool, carrying out the identification of the labour capacity and giving written advice.

It was again determined that five or seven relevant experts were drawn on an random basis, and that the working capacity was identified and writtenly validated. Experts who have participated in the initial identification shall not participate in the re-confirmation.

It should be avoided if the municipal labour capacity identification board consists of or participates in the identification of experts in the interest of the parties.

Article 6 The following 300 units could be identified by the human resources institutions established within the unit (hereinafter referred to as the establishment of the agency) for the identification of labour capacity.

The user units may make an opinion on the question of the identification of labour capacity under Article 3, paragraphs (v), 6 and 9, of this approach.

Article 7. The identification of labour capacity by an expert unit or an agency in place shall follow up on national, provincial, municipal and municipal laws, regulations, policies and identification standards to collect, collate, store and maintain material related to occupational poisoning, casualty and injury, such as accident reports, original illnesses or morbidity summaries, diagnostics, inspection findings, medical videos related to illness, on-site evidence.

Article 8

(i) A worker who is in need of a labour capacity to be identified and shall submit a written application to the user unit of the host country to complete the application for the identification of the working capacity of the Hiroshima municipality (hereinafter referred to as the application form), to review the diagnostic medical institution designated by the Commission to obtain diagnostic certificates and inspection results;

(ii) Within 10 days from the date of receipt of the application by the user unit of identification teams or in-house institutions, medical end-of-the-art observations are submitted to the injured worker on the basis of the national, provincial, municipal and municipal wage-capacity identification criteria, or the recovery of the labour capacity, etc., and are sent to the sick workers. The user units shall provide for reworking or re-electing appropriate work on the basis of the expert review team or the validated body;

(iii) A person's unit requires a review of a sick worker and a sick worker is not permitted to participate on the grounds that he or she does not directly apply to the City Commission for the identification of the relevant identification and should be considered as a healing or medical end; and is a victim of the worker and ceases to enjoy the treatment of the injury insurance.

Article 9 Employees do not agree with the findings of the identification of labour capacities of the user's units or the establishment of the body, which may apply for the identification of the Commission.

The injured worker may also submit an application for identification directly to the City Commission for the Identification of Labour Capacities, without the identification of the user unit.

Article 10

(i) A written application to the City Commission for the identification of labour capacities, either by a person's unit, by a sick worker or his close family (hereinafter referred to as the applicant);

(ii) The application form, which has been completed by the injured worker, to be inspected and diagnosed by the designated diagnostic medical institution;

(iii) The Group of Experts, in accordance with the diagnostic opinion and inspection findings of the designated diagnostic medical institutions, provides an assessment of labour capacity, among others;

(iv) The City Commission for the Identification of Labour Capacity, based on the expert group's assessment and based on relevant national, provincial and municipal identification criteria, has concluded the identification conclusions within 60 days of the date of receipt of the application for the identification of labour capacities. If necessary, the time period for finding a finding of labour capacity could be extended by 30 days.

Article 11. The applicant shall provide the necessary material for the identification of the labour capacity at the time of submitting the application to the ICRM:

(i) The application form completed;

(ii) Work injury identification and reproduction;

(iii) Original and photocopy;

(iv) The original information on the disease, including the original disease, the illusory, the present and the various diagnostic certificates (the occupational illness should be held in provincial or municipal occupational disease control agencies or diagnostic teams, which should have a diagnostic certificate at the municipal psychiatric hospitals);

(v) Examination of the results of the tests;

(vi) Information on medical videos related to illness.

In addition to the provision of material and old-age insurance guarantees in subparagraphs (i), (iii), (v), (vi) and old-age insurance, non-employed workers should also meet the statutory early retirement age and the date of payment (concluding the contributory period).

Article 12

In cases before it, the Group of Experts may, on the basis of the circumstances of the illness or the applicant's application, request the identifier to examine the diagnosis by the designated diagnostic medical institution, the control agency, and, after the expert group's deliberations, submit written advice to the ICRM for the purpose of qualification.

Article 14. The applicant's finding that article III, subparagraphs (i), (ii), (iii) of this methodology is not consistent with the Commission's finding that it may request to be re-confirmed in writing within 15 days of the receipt of the findings.

Article 15. The applicant's objection to the findings of the municipal labour capacity determination commission that fall under article 3, paragraphs (iv), 5 (vi), (vi), (vi), (vi), IX), and XI of this approach may apply to the ICRM in writing within 15 days of the date of receipt of the findings, and the ICRM should make final findings within 60 days of the date of receipt of the application.

The applicant's request for a re-identification of the Commission's labour capacity should be filled with the “Health State” for the re-identification of the application.

Article 17, after the conclusion of the identification of labour capacities, shall be sent within 20 days to an outgoing unit, a sick worker or his close relatives.

Article 18 Work capacity determination concluded that, within one year of the date of the arrival of the applicant, it could serve as a basis for the treatment of social insurance and benefits for the sick worker.

Article 19

The cost of the worker's labour capacity identification is paid by the agent's unit without participating in the work injury insurance or unpaid contribution to the worker.

The costs for non-worker casualty workers to apply for the identification of their labour capacity are paid by the applicant in accordance with the criteria approved by the price sector.

Article 20, Commission members and their office staff, in the identification process, favour private fraud, bribery, abuse of duties, negligence or violations of the legitimate rights and interests of the parties, are lawfully disposed of by their units or by the relevant administrative authorities; grave circumstances, suspected of a crime and transferred to the judiciary by law.

Article 21 experts engaged in the identification of labour capacities are one of the following cases, and the municipal labour capacity determination commission should be recruited; in serious circumstances, suspected of committing crimes and transferred to the judiciary by law:

(i) There shall be no justification for the performance of its duties;

(ii) Individually motivated and false;

(iii) Violations of the principle of avoidance;

(iv) To receive the applicant and his or her agent;

(v) Other offences.

Article 22 provides the applicant with false material that affects the findings of the identification, which is invalid. The use of false identification findings to deceive treatment is governed by law by the urban human resources and the social security sector; in serious circumstances, suspected of committing crimes and transferred to the judiciary by law.

Article 23 of this approach is implemented effective 1 September 2012. In October 1988, the Government of the People's Government of the State of the Greater State issued a provisional scheme for the identification of the labour capacity for the injury of workers.