Advanced Search

Hainan Special Economic Zone, Hainan Provincial People's Government On The Revision Of The Decision Implementation Measures For The Work-Related Injury Insurance

Original Language Title: 海南省人民政府关于修改《海南经济特区工伤保险实施办法》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Decision of the Government of the People of the South Province on the revision of the scheme for the implementation of industrial injury insurance in the Territory

(Summit No. 78 of the Fifth People's Government of North and South Province, 14 May 2012, to consider the adoption of the Decree No. 239 of 29 May 2012.

The Government of the province has decided to amend the scheme for industrial injury insurance in the area of the South-South economy as follows:

Amending article 1 as follows:

Article 2: “Any entity of this economic zone shall participate in the work injury insurance in accordance with several provisions, pay the insurance premiums for all practitioners of this unit, except for the user units that have been encumbered by the social insurance agencies outside the current economic zone.

“The foreign organizations established in this economic zone and the representatives of Hong Kong, Macao, Taiwan region shall pay employment injury insurance to their employed Chinese practitioners.”

Article 2 should be changed to Article 3 to read as follows: “The Social Insurance Agency is responsible for the registration of work injury insurance, the amount of authorized work injury premiums and the treatment of work injury insurance, the management of work injury insurance for insured persons, and the payment of work injury insurance costs.

“The local tax authorities (hereinafter referred to as social insurance premiums) are charged with work injury insurance in accordance with the relevant provisions of the State and the current economic zone and are published annually on the basis of insurance premiums for work injury.

Article 4: “The Social Insurance Agency has the right to verify the information required for work injury insurance, such as the roster of practitioners of the user's units, the salary scales, the financial accounting books, and the payment of contributions to investigate and inspect the payment units and their practitioners, and to impose penalties under the law for violations committed by the contributory units.”

V. An increase in article 5 as follows: “The list of practitioners in the human rights unit shall be disclosed in this unit and shall be confirmed by the legal representative and the practitioners, respectively, in the sum of the total number of contributions to this unit declared to the Social Insurance Agency and the personal contributions base.

Replace Article 3 with Article 6 with amending as follows:

“(i) The following units, after the registration of work injury insurance by social insurance agencies in the province, and the amount of the authorized contributions, pay insurance premiums for work and injury incurred by institutions in the area of social insurance premiums at sea:

“1. The central, provincial and provincial authorities, the business unit, registered in the above-mentioned sectors of civil affairs, non-commercial units, social groups, foundations, lawyers, accountants, etc., are registered in the business administration at the provincial level to recruit military-owned units of non-military practitioners;

“2. Voluntary requests for participation in work injury insurance in provincial social insurance institutions and for cross-regional, remote ocean transport, etc., approved by the Provincial Social Insurance Administration, to produce more mobile businesses.

“(ii) After the registration of work injury insurance by the Occidental Social Insurance Agency and the amount of the approved contributions, the payment of work and injury insurance contributions by the institution of social insurance in the GRULE area is due.

“(iii) Other user units pay work injury premiums to local social insurance insurance institutions after the registration of work injury insurance by the social insurance agencies in the city, the district, the autonomous district.

Article 5 should be changed to Article 8, with the following modifications: The base rate is 0.5 per cent of the total salary, as part of the first category of work-related injury insurance risk industries, and is 1 per cent of the total salary, as shown in the third category of work-related injury insurance risk industries, with a benchmark rate of 1.5 per cent of the total salary.

“The State has adjusted the baseline rates set out above and is implemented in accordance with national provisions.

“The State organ, the cause unit, social groups, non-commercial units apply to the operating injury insurance rate in the first category of work injury insurance risk industries.

“Emergencies are identified by provincial social insurance agencies in accordance with their scope and circumstances. Enterprises operate across industries to identify occupational risk categories in the most hazardous industries of their work injury insurance.”

Article 6 should be replaced with article 9 and amend this article 3 as follows: “The specific approach to price buoyage is developed by the provincial social insurance administration in accordance with the relevant national provisions. The Social Insurance Agency is responsible for determining the filing of the buoyage rate applicable to the user unit.”

Article 10: “The Social Insurance Administration is responsible for the determination of the institution of medical care for the purpose of the insurance.

“The Social Insurance Agency shall choose to select a medical institution recognized by the social insurance administration at the location, to enter into agreements on medical services for work injury insurance, to clarify rights and obligations, to administer the situation and to make public it available to society”.

Articles 7, 8, 17, 18, 20, 21, 22, 23, 24, 25 and 26 were deleted.

Article 10 should be changed to Article 12 to read as follows: “The annual cost of work injury prevention, the cost of occupational injury rehabilitation, within 15 per cent of the annual income of the work injury insurance fund, shall be included in the budget of the work injury insurance fund, subject to review by the social insurance administration and the financial sector. The specific management approach to the cost of work injury prevention, work injury and occupational rehabilitation is developed by the Provincial Social Insurance Administration in conjunction with provincial finances, health administration, safe production supervision. The State also provides for the provision.

“The relevant sectors should make full use of existing resources to carry out work and injury rehabilitation in conjunction with the development of the rehabilitation of persons with disabilities on the ground”.

Article 11 should be replaced with Article 13 with the amendment to read as follows: “Every practitioners, during their inpatient treatment for work injury, are paid by the Labour Injury Insurance Fund in the light of the criteria for the payment of food assistance to members of the public mission unit for the purpose of their work.”

Article 12 should be changed to Article 14.

“The costs of 120 ambulances will be reimbursed in the case of accidental work injury.”

Article 13 should be replaced with article 15 and amend the article by “50 per cent of the monthly average monthly salary of practitioners in the city, the district” as “the average monthly salary rate for the previous year for all employees”.

XV, replace Article 14 with article 16 and amend the article as “shall be authorized by the average monthly salary of the actual work”.

Reclassification of article 15 to Article 17 reads as follows:

“The law shall pay disability supplemental equipment to the work injury insurance fund and shall be paid by the work injury insurance fund.”

Article 16 should be replaced with article 18, with the following modifications: “A fifth, sixth-time disabled person himself submits a work relationship with the user unit for dismissal or termination, and a one-time injury medical grant is paid by the work injury insurance fund and a one-time disability employment grant is paid by a person unit. The standard for a one-time work injury medical grant is the average monthly salary for the first-ever-year-long-year-long-year-long-year-long-year-long-year-long-term workers, and the one-time disability employment grant rate is 40 and 30 months respectively.”

As Article 19, adds to article 19: “The seven-10 disabled persons themselves propose the removal of labour, employment contracts, or the termination of the hiring of contracts, a one-time work injury medical grant paid by the Work injury Insurance Fund and a lump-sum employment grant by the user unit. The standard for a one-time work injury medical grant is the average monthly salary for the full province at the time of termination of the labour relationship of 14, 12, 10 and 8 months, and the one-time disability employment grant rate is 20, 16, 12 and 9 months respectively.

As article 20, adds to article 20: “The salary of the person under article 18 of this scheme and article 19 shall not exceed three times the average monthly salary of the full-time-career in the previous year of the termination of the labour relations and shall not be less than 60 per cent of the annual average monthly salary of the full-office in the first year of the termination of the labour relationship.”

Article 21: “Education of a lump-sum employment grant by this approach, until the mandatory retirement age is attained.

“A person who receives a lump-sum medical injury shall no longer enjoy the treatment of the worker injury recovered.

“Health-sixth disability persons shall not duplicate the enjoyment of disability benefits and wages.

Paragraphs Page

In addition, article 23 reads as follows: “The person's unit, the worker or his close family shall apply for work injury insurance treatment and shall submit to the insured social insurance agencies the certificate of work injury, the findings of the labour capacity identification and other material requested by the social insurance agencies.

The Social Insurance Agency should inform the applicant of the additional relevant declaration material on the basis of the incompleteness of the declaration; the treatment of work injury insurance shall be granted within 15 working days of the date of receipt.

XXIII. Increase Article 25 as follows: “The work injury insurance for units, organizations and practitioners outside the current economic zone within the province shall be carried out in the light of this approach”.

Twenty-four, replace article 28 with article 26 and amend the term “the executive branch responsible for labour security” in that article to read “The Social Insurance Administration”.

This decision is implemented since the date of publication.

The application of the oil and gas insurance scheme in the area of the sea is released in accordance with this decision and adjusted accordingly.

Annex: Methods for the implementation of industrial injury insurance in the Territory (as amended in 2012)

(Act No. 186 of 3 March 2005 of the People's Government of the Southern Province, pursuant to Decision No. 186 of 29 May 2012 on the revision of the scheme for the implementation of the industrial injury insurance in the Territory)

Article 1 establishes this approach in accordance with the Regulations on Workers and Injuries issued by the Department of State and the provisions of the Workers and Injuries Insurance in the Territory (hereinafter referred to as several provisions).

Article 2

Foreign organizations established in this economic zone and representatives of the Hong Kong, Macao and Taiwan region shall pay work injury insurance to their employed Chinese practitioners.

Article 3. The Social Insurance Agency is responsible for the processing of work injury insurance registration, the amount of authorized work injury insurance and the treatment of work injury insurance, the management of work injury insurance relations among insured persons, and the payment of work injury insurance costs.

Local tax authorities (hereinafter referred to as social insurance premiums) are charged with work injury insurance in accordance with the relevant provisions of the State and the current economic zone and are published annually for the insurance.

Article IV. The Social Insurance Agency has the authority to verify the information required by the practitioners' Roster, the salary sheets, the financial accounting books, etc. for work injury insurance, to investigate and check the payment of royalties to the payment units and their practitioners, and to impose penalties under the law for violations committed by the contributory units.

Article 5 Practitioners should be represented in the list of insured persons, and the total number of contributions to this unit declared to the social insurance agencies and the personal contributions base shall be confirmed by the legal representative and the practitioners respectively.

Article 6. Registration and payment of work injury insurance are carried out as follows:

(i) After the registration of work injury insurance by provincial social insurance agencies and the amount of authorized contributions, the following units pay the insurance premium for work and injury at the social insurance premiums at the sea:

The central, provincial and provincial authorities, the cause units, registered in the above-mentioned sectors of civil affairs, non-commercial units, social groups, foundations, lawyers' services, and accountants, registered enterprises registered in the business administration at the provincial level to recruit military-owned units of non-military practitioners;

Voluntary requests for participation in work injury insurance in provincial social insurance institutions and for cross-regional, remote ocean transport, etc., approved by the Provincial Social Insurance Administration, to produce more mobile businesses.

(ii) After the registration of work-related injury insurance by the Occidental Social Insurance Agency and the amount of the approved contribution, the payment of work and injury insurance contributions by institutions in the area of socio-economic development in the Oceano economy.

(iii) Other user units, after the registration of work injury insurance in the city, the district, the autonomous district social insurance agency, and the amount of the approved contributions, pay insurance premiums on local social insurance.

Article 7. The work injury premiums are subject to a benchmark rate and buoyage rate system.

Since the last month of operation published in this scheme, the user unit pays work injury premiums at the rate of the difference set out in this scheme, and pays work injury premiums at the required buoyage rate for the first month of operation.

Article 8 provides for a different standard rate of work injury insurance for three types of work-related risk industries, in accordance with the relevant national provisions. The base rate is 0.5 per cent of the total salary, as part of the first category of work-related injury insurance risk industries, and is 1 per cent of the total salary, as shown in the third category of work-related injury insurance risk industries, with a benchmark rate of 1.5 per cent of the total salary.

The State has adjusted the baseline rates set out above and is implemented in accordance with national provisions.

National agencies, utilities, social groups, non-commercial units apply the standard rate of work injury insurance in the first category of work-related risk insurance industries.

Enterprises are identified by provincial social insurance agencies in accordance with their scope and circumstances. Enterprises operate across industries to identify occupational risk categories in their peak-risk industries.

Article 9. The user unit belongs to the first category of work-related risk insurance industries, pays work injury premiums at the base rate of the industry and does not apply a buoyage.

The user unit is the second, three types of work-related injury insurance risk industries, which are governed by a buoyage rate based on factors such as the use of the work injury insurance fund, the incidence of work injury and the level of occupational illness.

The specific approach to price buoys is developed by the Provincial Social Insurance Administration in accordance with the relevant provisions of the State. The Social Insurance Agency is responsible for determining the buoyage rate applied by the user unit.

Article 10. The social security administration at the location is responsible for the determination of the institution of medical services for the work injury insurance.

The social insurance agencies should choose to select the medical institutions recognized by the host social insurance administration, enter into agreements on medical services for work injury insurance, identify rights and obligations, implement dynamic management, and make it public.

Article 11. Cost criteria for the identification of labour capacity are established by the provincial price sector with the provincial financial sector. Costs for labour capacity identification from the Work injury Insurance Fund are paid according to the prescribed criteria.

Article 12. Costs of annual work injury prevention and occupational recovery are covered by an annual expenditure plan by the Social Insurance Agency within 15 per cent of the annual income of the work injury insurance fund, which is included in the budget of the Fund, as determined by the same social insurance administration and the financial sector. The specific management approach to the cost of work injury prevention, work injury and occupational rehabilitation is developed by the Provincial Social Insurance Administration in conjunction with provincial finances, health administration, safe production supervision. The State also provides for the provision.

All relevant sectors should make full use of existing resources to carry out work-related recovery, in conjunction with local disability rehabilitation.

In the course of the hospitalization of work injury, the Workers and Injuries Insurance Fund was paid a supplement in the light of the criteria for the payment of compensation for members of public travel units.

Article 14. Workers and injured persons have recommended that they be transferred to field treatment or to supporting equipment, and that transportation, accommodation costs are reimbursed by the work injury insurance fund in the light of the criteria for the payment of public travel by provincial authorities.

The costs of 120 ambulances will be reimbursed as a result of the accident.

Article 15 Life is not self-sustainable workers who require care during the suspension period of work, and the user units should be given care or care. The user unit is neither a person's care nor a person's care and shall pay the cost of care to the employee on a monthly basis, in accordance with the average monthly salary standards for the full province.

Article 16, workers and injured persons continue to receive wage benefits in accordance with the original criteria during the suspension of work. In the application of the pay system, for example, the original wage rate of the employee shall be determined on the basis of the average salary of the employee for a period of six months prior to the suspension of work, and the worker shall be authorized by the average monthly salary of the actual working month. The standard of payment of wages for the duration of the work stay shall not be lower than the minimum wage set by the Government.

Article 17 shall be charged by a person's unit for a one-time disability supplemental equipment to be calculated in accordance with the current universal price of the required auxiliary equipment and the length of use.

In accordance with the law, the work injury insurance fund shall pay disability supplemental equipment and shall be paid by the work injury insurance fund.

Article 18, paras. 5 and 6 disabled persons themselves submit a lump-sum employment relationship with the user unit, which is paid by the Workers' Insurance Fund for a one-time work injury medical grant and a one-time disability employment grant by the user unit. The standard for a one-time work injury medical grant is the average monthly salary for the first-ever-year-long-year-long-year-long-year-long-year-long-term workers, and the one-time disability employment grant rate is 40 and 30 months respectively.

The removal of labour, employment contracts or termination of the contract by grades 7 to 10 of Article 19, or the payment of a one-time work injury medical grant by a worker's unit, is made by a person's unit. The standard for a one-time work injury medical grant is the average monthly salary for the full province at the time of the termination of the labour relationship of 14, 12, 10 and 8 months, and the one-time disability employment grant rate is 20, 16, 12 and 9 months respectively.

Article 20, article 18 of this approach and article 19, the salary of the individual shall not exceed three times the average monthly salary of the full-time active employee at the time of the termination of the labour relationship, and shall not be less than 60 per cent of the average monthly salary of the full-office employee in the previous year.

Article 21 calculates a one-time disability employment grant by this method until the mandatory retirement age.

A worker who receives a lump-sum medical injury shall no longer enjoy the treatment of the worker injury recovered.

The enjoyment of disability benefits and wages shall not be repeated at the level to six levels.

Article 2: Disability benefits, pension benefits for foster relatives, living care expenses should be adjusted in accordance with applicable standards for the change in the average wage and living costs for the full province, as determined by the Provincial Social Insurance Administration after consulting with the provincial financial sector in the search for trade union organizations and user units.

Article 23 applies to work injury insurance treatment by a person's unit, a worker or his or her close family, and shall submit a certificate of work injury to the insured social insurance agency, the findings of the labour capacity assessment and other material requested by the social insurance agencies.

The social insurance agencies should inform the applicant of additional relevant declaration material on the basis of the incompleteness of the declaration; the treatment of work injury insurance shall be granted within 15 working days of the date of receipt.

The monthly disability allowance is calculated at the time the work injury occurred prior to the operation of the SPS Regulation of the Southern Economies, which provides for the replacement of treatment by the Work injury Insurance Fund. The average monthly salary of practitioners for the 12 months prior to the injury was higher than the monthly disability allowance set out in the Water-South Economic Zone Town Practitional Insurance Regulations, combined with the increase in monthly disability benefits since the implementation of the ISA.

The actual disability allowance paid by the user unit is higher than the above-mentioned criteria, and the difference may continue to be enjoyed by the source.

Article 25

The specific application of this approach is explained by the provincial Social Insurance Administration.

Article 27 of this approach was implemented effective 1 April 2005. The application of the regulations on industrial work and injury insurance for urban practitioners in the area of the South-South economy was also repealed.

The standards shall be implemented in accordance with the provisions of this approach, in the case of work injury that has occurred prior to the operation of the scheme but have not been paid for the treatment of work injury insurance.