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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376413.shtml

Hainan special economic zone, Hainan Provincial people's Government on the revision of the decision implementation measures for the work-related injury insurance

    (May 14, 2012, people's Government of Hainan fifth 78th Executive Meeting May 29, 2012, Hainan Provincial people's Government order No. 239 release come into force on the date of promulgation) provincial people's Government for decision of the Hainan special economic zone on work-related injury insurance measures for implementation as follows: First, the article is changed to: "according to the State Council published regulations of the work-related injury insurance and the Hainan special economic zone on work-related injury insurance regulations (hereinafter referred to as the regulations), these measures are formulated.

    ”

    Second, the addition of an article, as the article: "any of the special economic zone the employer shall, in accordance with the participation of several provisions of the workers ' compensation insurance, pay industrial injury insurance for all practitioners of this unit, other than the availability of the special economic zone had issued by a social insurance agency insurance effective evidence of the employer, except. "The establishment of representative offices of foreign organizations in the special economic zone and Hong Kong, Macao, Taiwan district representative organizations should be employed by practitioners of the Chinese side to pay industrial injury insurance.

    ”

    Section three, the second to the third, is revised as follows: "social insurance agencies responsible for work-related injury insurance registration, the approved amount of the work injury insurance and industrial injury insurance treatment, management of work-related injury insurance insurance, pay employees ' insurance costs and other work-related injury insurance. "Local tax authorities (hereinafter referred to as is imposed by the social insurance agency) in accordance with national and relevant provisions of the special economic zone is imposed by the industrial injury insurance, industrial injury insurance levy and published annually.

    ” Four, addition of an article, as the fourth: "social insurance agency is entitled to verify the employer's employee roster, payroll forms, financial and accounting information required for account and other work-related injury insurance, investigation and inspection fees and practitioners of the insurance payment, the payer according to law to punish violations.

    ” Five, add one, as the fifth article: "list of employer insurance practitioners in this unit should be public announcements, to social insurance institutions Declaration of the contribution base units total and the individuals contribution base should be separately signed by the legal representatives and employees confirmed.

    ”

    Section six, third to sixth and amended as: "the work-related injury insurance registration and payment according to the following regulations:

    "(A) the following units at the provincial social insurance agencies for the work-related injury insurance registration, authorized payment amount, Haikou is imposed by the social insurance institution to pay industrial injury insurance premium:

    "1. in Haikou region directly under the Central Government, provincial authorities and institutions at or above the provincial level of the home, such as registration of private non-enterprise units, social organizations, foundations, law firms, accounting firms and other organizations registered with the industrial and commercial administration departments at or above the provincial level enterprises, recruiting military forces of army staff unit;

    "2. the voluntary application in provincial social insurance agencies to participate in work-related injury insurance, and submitted to the approval of the province, the social security administration, railways, ocean shipping, trans-regional mobility, production of larger enterprises.

    "(B) employers in the Yangpu economic development zone in Yangpu, the social insurance agency for the work-related injury insurance registration, authorized payment amount, in the Yangpu economic development zone is imposed by the social insurance institution to pay industrial injury insurance. "(C) any other employer in the host cities, counties, autonomous counties approved by the social insurance agency for the work-related injury insurance registration, payment amount, is imposed by the social insurance institution to pay industrial injury insurance premium on the ground.

    ” Seven, the fifth to eighth, amended to read: "in accordance with the relevant provisions of the State, for three types of work-related injury insurance industry risk benchmark rate different work-related injury insurance.

    Classified as a first class risk of work injury insurance industry employer, the benchmark rates for payroll 0.5%; listed as type II risk of work injury insurance industry benchmark rates for payroll 1%; as a third type of occupational risk insurance industry benchmark rate 1.5% per cent of total wages.

    "The State benchmark rate adjustments in the preceding paragraph, in accordance with national regulations.

    "State organs, institutions, social organizations, private non-enterprise units for the first class risk of work injury insurance industry benchmark rate of industrial injury insurance. "Enterprises by the provincial social insurance agencies based on their scope and actual situation, determine the risk categories. Formation and operation of enterprises, with its highest risk determine risk categories of industrial injury insurance.

    ” Section eight, the sixth to Nineth and the third paragraph of the article is changed to: "the floating rate and the specific measures formulated by the province, the Social Security Administration Department in accordance with relevant regulations of the State. Social insurance agency is responsible for determining the employer applicable floating rate level.

    ”

    Kowloon and the addition of an article, as the tenth: "Social Security Administration Department is responsible for the work-related injury insurance, where designated medical service qualification. "Where the social insurance agencies shall be selected by the Social Security Administration Department of medical institutions, signed a work-related injury insurance medical service agreement, clarify rights and obligations, carry out dynamic management, and to the public.

    ”

    Section ten, delete the seventh, eighth, 17th, 18th, 20th, 21st, 22nd, 23rd, 24th, 25th, 26th. Article XI the tenth to 12th and amended as: "the annual injury prevention costs, workers ' compensation occupational rehabilitation costs in the range of annual income on work injury insurance fund 15%, proposed by the social insurance agency's annual spending plans, examined by the social security administration and finance departments at identified, included under the work injury insurance fund budget. Cost of injury prevention, specific measures for the management of workers compensation vocational rehabilitation costs, by the social security administration of the province in conjunction with finance, health, work safety supervision and management departments.

    Otherwise provided for by the State, from its provisions. "Relevant departments should make full use of existing resources, combined with the local development of rehabilitation of persons with disabilities, work-related vocational rehabilitation work carried out.

    ” Section 12, the 11th to the 13th, is revised as follows: "employees hospitalized for injuries during treatment, reference from the work injury insurance fund provincial government organizations and institutions staff on business food subsidies to food subsidies.

    ”

    Under article 13, the 12th to 14th, amended to read: "work-related injury medical officers recommended, treatment or transferred to the field configuration of assistive devices, the necessary transport, food and accommodation costs are covered by the work injury insurance fund refer to provincial institutions reimbursement standards on business. "Due to sudden accidents using 120 ambulances, their costs can be reimbursed.

    ”

    Article 14, the 13th to the 15th, and the article in the "50% of city and County in China last year monthly average wage" is amended as "monthly average wage of fully employed staff in the province for the last year."

    Section XV, the 14th to 16th and in the article "should be approved by the actual number of work-months" is amended as "shall be approved by the actual number of work-months average wages".

    Under article 16, the 15th to 17th, is revised as follows: "legal disability assistive devices that should be paid by the employer, in accordance with the current popularity of needed assistive devices-price and service life calculation. "That shall be paid from the work injury insurance fund disability AIDS, paid from the work injury insurance fund.

    ” 17, the 16th to 18th, is revised as follows: "five-, six-level disabled persons I raised with the employer of dissolution or termination of labor relations, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy. One-time injury medical benefit criteria for termination of an employment relationship, respectively 18 and 16 months of last year the province's average monthly wage of fully employed staff; one-time disabled employment subsidy standard wages, 40 and 30 months respectively.

    ” 18, the addition of an article, as the 19th: "seven-to ten-level disabled my labor, employment contract, expiration of termination of the contract of employment or labour, and one-time injury medical benefit paid from the work injury insurance fund, paid for by the employer once disabled employment subsidy. One-time injury medical benefit criteria for termination of an employment relationship, respectively 14, 12, 10, 8 months of last year the province's average monthly wage of fully employed staff; one-time disabled employment subsidy standard is 20, 16, 12, and 9 months of wages.

    ” 19, the addition of an article, as the 20th: "this article 18th, 19th stipulates that wages shall not be higher than a labor relations last year when the province 3 times times the average monthly wage of fully employed staff, upon termination of labor relations shall not be less than the previous year 60% of the province's average monthly wage of fully employed staff.

    ”

    20, the addition of an article, as the 21st: "according to the method for calculating the one-time disabled employment subsidy, until I reached the statutory retirement age.

    "Receiving a one-time medical grants employees injured personnel, no longer qualify for treatment of relapse of the injury work-related injuries.

    "One-to six-level disabled persons shall not be entitled to disability benefits and wages. Under article 21, the 19th to 22nd and amended as: "the disability allowance, dependent relatives pensions, nursing fees shall be in accordance with the province's average wage of fully employed staff levels and cost of living changes adjust the standard, by the social security administration of the province in conjunction with the provincial Finance Department, in consultation with the trade union organizations and representatives of the employer determined.

    ”

    22, the addition of an article, as the 23rd article: "the employer, workers ' compensation or their close relatives to apply for work-related injury insurance benefits, should be submitted to the social insurance agency of insurance work-related injury certification decisions, labor expert conclusions and other materials sought by the social insurance agency. Documents for applying for social insurance agency is not complete, shall at once inform the applicants to supplement the application materials; materials are complete and meets the conditions for issuance, should be issued within 15 working days from the date of acceptance of work-related injury insurance benefits.

    ” 23, the addition of an article, as the article 25th: "outside the jurisdiction of the special economic zone in the province of work injury insurance, the Organization and its employees, in accordance with the measures implemented.

    ”

    Under article 24, the 28th to 26th and in the article "labor and social security administration departments" is amended as "social security administration". This decision shall come into force as of the date of.
    The Hainan special economic zone on work injury insurance in accordance with this decision of the measures for the implementation of clause order accordingly to appropriate modifications and adjustments, republished.

    Report: Hainan special economic zones implementation measures for the work-related injury insurance 2012 (revised)

    (March 3, 2005, Hainan Provincial people's Government to the 186th published May 29, 2012, the Hainan special economic zone, Hainan Provincial people's Government to amend revision of the decision of the implementation measures for the work-related injury insurance)

    First according to the promulgated regulations on industrial injury insurance and the Hainan special economic zone on work-related injury insurance regulations (hereinafter referred to as the regulations), these measures are formulated.

    Article of the special economic zone the employer shall, in accordance with the participation of several provisions of the workers ' compensation insurance, pay industrial injury insurance for all practitioners of this unit, other than the availability of the special economic zone had issued by a social insurance agency insurance effective evidence of the employer, except.

    Establishment of representative offices of foreign organizations in the special economic zone and Hong Kong, Macao, Taiwan district representative organizations should be employed by practitioners of the Chinese side to pay industrial injury insurance.

    Third social insurance agencies responsible for work-related injury insurance registration, the approved amount of the work injury insurance and industrial injury insurance treatment, management of work-related injury insurance insurance, pay employees ' insurance costs and other work-related injury insurance.

    Local tax authorities (hereinafter referred to as is imposed by the social insurance agency) in accordance with national and relevant provisions of the special economic zone is imposed by the industrial injury insurance, industrial injury insurance levy and published annually.

    Article fourth social insurance agency shall have the right to verify the employer's employee roster, payroll forms, financial and accounting information required for account and other work-related injury insurance, investigation and inspection fees and practitioners of the insurance payment, the payer according to law to punish violations.

    The fifth list of employer insurance practitioners in this unit should be public, declared to the social insurance institution of the unit base amount and the individuals contribution base should be separately signed by the legal representatives and employees confirmed.

    Sixth work injury insurance registration and payment according to the following regulations:

    (A) the following units at the provincial social insurance agencies for the work-related injury insurance registration, authorized payment amount, Haikou is imposed by the social insurance institution to pay industrial injury insurance premium:

    1. in Haikou region directly under the Central Government, provincial authorities and institutions at or above the provincial level of the home, such as registration of private non-enterprise units, social organizations, foundations, law firms, accounting firms and other organizations registered with the industrial and commercial administration departments at or above the provincial level enterprises, recruiting military forces of army staff unit;

    2. voluntary at the provincial social insurance agencies to participate in work-related injury insurance, and submitted to the approval of the province, the social security administration, railways, ocean shipping, trans-regional mobility, production of larger enterprises.

    (B) employers in the Yangpu economic development zone on Yangpu social insurance agency for the work-related injury insurance registration, authorized payment amount, in the Yangpu economic development zone is imposed by the social insurance institution to pay industrial injury insurance.

    (C) any other employer in the host cities, counties, autonomous counties approved by the social insurance agency for the work-related injury insurance registration, payment amount, is imposed by the social insurance institution to pay industrial injury insurance premium on the ground. Seventh employer industrial injury insurance fees shall be paid on a monthly basis.

    Differential base rate and floating rate of industrial injury insurance system.

    Employer since the promulgation of the month in these measures, in accordance with the provisions of this approach differences between benchmark rates to pay industrial injury insurance premium since the implementation of this approach at least 1 month of the year, and pay a floating rate of industrial injury insurance as required. Eighth article in accordance with the relevant provisions of the State, for three types of work-related injury insurance industry risk benchmark rate different work-related injury insurance.

    Classified as a first class risk of work injury insurance industry employer, the benchmark rates for payroll 0.5%; listed as type II risk of work injury insurance industry benchmark rates for payroll 1%; as a third type of occupational risk insurance industry benchmark rate 1.5% per cent of total wages.

    National benchmark rate adjustments in the preceding paragraph, in accordance with national regulations.

    State organs, institutions, social organizations, private non-enterprise units for the first class risk of work injury insurance industry benchmark rate of industrial injury insurance. Enterprises by the provincial social insurance agencies based on their scope and actual situation, determine the risk categories.

    Formation and operation of enterprises, with its highest risk determine risk categories of industrial injury insurance.

    Nineth employer belongs to the first category of work-related injury insurance risk industry, according to the industry benchmark rates to pay industrial injury insurance, do not put a floating rate.

    Employer is second to third category of industrial injury insurance risk under the work injury insurance fund using the hazard levels, incidence of work-related injuries, occupational diseases and other factors, according to the provisions of the floating rate. Floating rate and the specific measures formulated by the province, the Social Security Administration Department in accordance with relevant regulations of the State.

    Social insurance agency is responsible for determining the employer applicable floating rate level.

    Tenth seat of social security administrative departments are responsible for work-related injury insurance medical service qualification.

    Social insurance agencies shall be selected medical institutions confirmed by the local Social Security Administration Department, signed a work-related injury insurance medical service agreement, clarify rights and obligations, carry out dynamic management, and to the public. 11th rates of work competency expertise on standards, developed by the provincial authorities and the provincial financial department.

    From the work injury insurance fund paid work competency expertise on cost, paid at the required standard. The 12th annual injury prevention costs, workers ' compensation occupational rehabilitation costs in the range of annual income on work injury insurance fund 15%, proposed by the social insurance agency's annual spending plans, examined by the social security administration and finance departments at identified, included under the work injury insurance fund budget. Cost of injury prevention, specific measures for the management of workers compensation vocational rehabilitation costs, by the social security administration of the province in conjunction with finance, health, work safety supervision and management departments.

    Otherwise provided for by the State, from its provisions.

    All relevant departments should make full use of existing resources, combined with the local development of rehabilitation of persons with disabilities, work-related vocational rehabilitation work carried out.

    13th employee was hospitalized with injuries during treatment, reference from the work injury insurance fund provincial government organizations and institutions staff on business food subsidies to food subsidies.

    14th work-related injury medical officers recommended, treatment or transferred to the field configuration of assistive devices, the necessary transport, food and accommodation costs are covered by the work injury insurance fund refer to provincial institutions reimbursement standards on business.

    Due to sudden accidents using 120 ambulances, their costs can be reimbursed. 15th unable to take care of injured personnel at shutdown leaves require paid care, nursing should be sent care of the employer or hiring.

    Employer does not send people care, it does not hire people care, according to annual monthly average wage of fully employed staff across the province on a monthly payment of care to injured personnel. 16th work injury in the shutdown leaves pay period, continue to enjoy according to the original standard wage and benefits. Implementation of piece-rate wages, commissions and other benefits system, original wage injured personnel should be shutdown leaves injured personnel prior to pay period 6 months average wages determined industrial personnel in this unit work for less than 6 months should be approved by the actual number of work-months average wages.

    Employers pay for shutdown leaves paid standard wages during the period shall not be lower than the Government's minimum wage.

    Article 17th disability assistive devices that should be paid by the employer, in accordance with the current popularity of needed assistive devices-price and service life calculation.

    Shall be paid from the work injury insurance fund according to law disability AIDS, paid from the work injury insurance fund. 18th grade five or grade six disabled my employer of dissolution or termination of labor relations, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    One-time injury medical benefit criteria for termination of an employment relationship, respectively 18 and 16 months of last year the province's average monthly wage of fully employed staff; one-time disabled employment subsidy standard wages, 40 and 30 months respectively. 19th seven to ten disabled my labor, employment contracts, or labour, expiry of the employment contract is terminated, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    One-time injury medical benefit criteria for termination of an employment relationship, respectively 14, 12, 10, 8 months of last year the province's average monthly wage of fully employed staff; one-time disabled employment subsidy standard is 20, 16, 12, and 9 months of wages.

    The 20th article of the article 18th, 19th stipulates that wages shall not be higher than a labor relations last year when the province 3 times times the average monthly wage of fully employed staff, upon termination of labor relations shall not be less than the previous year 60% of the province's average monthly wage of fully employed staff.

    21st according to the method for calculating the one-time disabled employment subsidy, until I reached the statutory retirement age.

    Receive a one-time medical grants employees injured personnel, no longer qualify for treatment of relapse of the injury work-related injuries.

    One-to six-level disabled persons shall not be entitled to disability benefits and wages.

    22nd the disability allowance, dependent relative pension, life care charges should be based on the province's average wage of fully employed staff levels and cost of living changes adjust the standard, by the social security administration of the province in conjunction with the provincial Finance Department, in consultation with the trade union organizations and representatives of the employer determined.

    23rd the employer, workers ' compensation staff or their close relatives to apply for work-related injury insurance benefits, and should be submitted to the social insurance agency of insurance work-related injury certification decisions, labor expert conclusions and other materials sought by the social insurance agency. Documents for applying for social insurance agency is not complete, shall at once inform the applicants to supplement the application materials; materials are complete and meets the conditions for issuance, should be issued within 15 working days from the date of acceptance of work-related injury insurance benefits.
    24th article Hainan special economic zone town practitioners injury insurance Ordinance purposes zhiqian occurred of injury, by provides modified by injury insurance fund paid treatment Shi, months disability allowance of meter sent standard for: practitioners occurred injury Qian 12 months of monthly wage multiplied by Hainan special economic zone town practitioners injury insurance Ordinance provides of months disability allowance meter sent proportion, plus Hainan special economic zone town practitioners injury insurance Ordinance implementation yilai previous adjustment increased of months disability allowance.

    Employer disability allowance are actually higher than the criteria above, the difference due to work injury disability officer may continue to enjoy according to the original channel.

    25th article of the province outside of the jurisdiction of the special economic zone units, organizations and their workers ' insurance, in accordance with the measures implemented.

    26th to specific problems in the application of these measures, by Social Security Administration Department is responsible for the interpretation of the province. 27th article this way come into force April 1, 2005.

    The Hainan special economic zone of practitioner regulations on industrial injury insurance regulations repealed simultaneously. Before the implementation of these measures has been injuries but has yet to meet the cost of work-related injury insurance benefits, standards should be implemented according to the regulations.