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Several Provisions Implementing The Regulation On Work-Related Injury Insurance In Beijing

Original Language Title: 北京市实施《工伤保险条例》若干规定

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Implementation of several provisions of the Work injury Insurance Regulations in Beijing City

(Summit No. 110 of the Government of the People of Beijing, 28 November 2011 to consider the adoption of the publication of the Government Order No. 242 of 5 December 2011)

Article 1 provides for the implementation of the State Department's Work injury Insurance Regulations, which incorporates the reality of the city.

Article 2 Employees of the user unit are entitled to the treatment of work injury insurance in accordance with the Regulations and the present provisions.

Article 3. The municipal and district social security administration is responsible for work injury insurance in the present administration. In the city and district, district social insurance agencies perform specific work injury insurance.

The sectors such as finance, health are responsible for work-related insurance, in line with the division of duties.

Article IV. The municipal social security administration should develop specific policies and management systems for industrial injury insurance, planning, selection and publication of work-related medical institutions, rehabilitation agencies and supporting equipment-sharing institutions, in accordance with the provisions of the relevant legislation and regulations.

The municipal social insurance agencies are responsible for the collection of work injury insurance contributions, the approval and payment of work injury insurance treatment, and the signing of written agreements with work-related medical institutions, rehabilitation agencies and supporting devices.

Article 5

In accordance with the use of insurance premiums for work performed by a person's unit and the incidence of work injury, the municipal social insurance agencies determine the rate of payment of royalties for the person's unit within the buoys applicable to the sector.

Article 6.

The work injury insurance fund is deposited with the financial specialties of the Social Security Fund for the treatment of work injury insurance under the Regulations, the identification of labour capacity, the costs of awareness-raising, training, etc. for work injury prevention, and the payment of other expenses for work injury insurance under the laws and regulations.

The Municipal Social Insurance Administration, together with the financial sector, prepares specific payment projects and standards for the Workers and Injuries Insurance Fund in accordance with the relevant provisions of the Regulations, and reports to the Government of the city on its approval.

Article 7. A person's unit, a worker or his close family, a trade union organization (hereinafter referred to as the applicant) shall require the identification of work injury and shall apply for the identification of work injury to the area in which the person's unit is registered in accordance with the time frame set out in the Regulations.

Article 8. The applicant shall submit a claim for work injury and shall submit the material in accordance with article 18 of the Regulations and, in accordance with the following provisions, attach the relevant evidence:

(i) In the case of article 14, subparagraphs (i), (ii), (v), of the Regulations, the accident certificate of injury or the unaccounted for;

(ii) That is a case under article 14, paragraph (c), of the Regulations, attached to an accidental injury certificate or to the relevant legal instruments from the judiciary;

(iii) In the case of article 14, subparagraph (vi), of the Regulations, the relevant legal instruments mandated to organize instruments are attached to the judiciary, the transport management, transport, iron or other sectors, or laws, administrative regulations;

(iv) In the case of article 15, paragraph 1 (a), of the Regulations, the medical body is attached to a record of the rescue of the medical institution;

(v) In the case of article 15, paragraph 1 (ii), of the Regulations, the evidence attached to the relevant units;

(vi) This is a case under article 15, paragraph 1 (c), of the Regulations, which is attached to the evidence of the revolutionary disability of military personnel and the medical agency's old injury recovery certificate.

Staff deaths should be accompanied by death certificates.

Article 9 shall address labour disputes by law in the event of confirmation of a dispute affecting work injury. The time to resolve labour disputes is not calculated within the time frame for the determination of the application by the work injury.

Article 10 Medical documents such as diagnostic certificates, illnesses, occupational diagnostic certificates or occupational diagnostic certificates, should be in compliance with the requirements set forth in national and present municipalities. In the absence of a requirement, the district and district social security administration may require the re-entry of the institutions concerned.

Article 11. The social security administration of the district and the district has received a claim for injury and the material is complete and shall be taken within five working days for the receipt or inadmissibility of the decision; the material is incomplete and the applicant shall be informed in writing of the full material that the applicant needs to be filled. The applicant shall supplement all the material within the time period specified in the Regulations for the determination of the worker injury.

The Regional, District Social Insurance Administration considers that the application for work injury is not governed by this jurisdiction and should be promptly reported to the municipal social insurance administration to designate jurisdiction.

The applicant withdrew the application for injury determination and terminated the work injury determination process after the admission of the district, district social security administration.

In the event of termination of the work injury determination process, the applicant, within the time period specified in the Regulations, has the right to submit a further application for the determination of the injury.

The following measures may be verified in accordance with Article 13.

(i) Access to relevant units and accident sites;

(ii) Access to information relevant to the determination of work injury, enquire and produce a notice;

(iii) To replicate information relevant to the determination of work injury, including records, photocopy, videos and videos.

The Social Insurance Administration conducts investigations to verify that law enforcement officials are not less than two and should present law enforcement documents.

Article XIV, the district social security administration surveyed that persons' units, workers, trade union organizations, medical institutions and relevant departments should be assisted, such as the provision of relevant information and proof materials.

Article 15. Employers or their close relatives are considered to be working injury, and the person's unit does not believe to be working injury and bears the burden of proof by the user unit. The user unit does not assume the burden of proof, and the district and district social security administration may take a decision in accordance with the evidence provided by the worker or his close relatives, or by themselves investigating the evidence obtained.

Article 16, the social security administration of the district, the district, and the district, shall contain the place of injury in the decision of the worker in accordance with medical documents such as the applicant's diagnostic certificate or the evidence obtained by the investigation.

In the opinion of workers who work injury or occupational illness directly result in other diseases and provide work-related injuries or occupational illnesses directly resulting in diagnostic certificates resulting from illnesses, the district, district social insurance administrations should be made clear in the determination of work injury.

Article 17

When the worker considers the injury to be relatively stable, the person's unit, the worker or his or her close family may make a written application for the registration of the place of the person's unit, the district labour capacity identification board, and provide the relevant documentation as required.

Article 19 Labour capacity determination considers that workers injury need further medical examination, which may require workers to be inspected by the medical institutions involved. The inspection time was not calculated within the time frame for the identification of labour capacity.

Article 20 Staff members who work injury or injury is dependent on their daily or employment needs, as confirmed by the Regional, District and District Labour Capacity Identification Commission, can be installed, equipped and equipped with the installation and configuration of the work injury support body, and the requirements are met from the work injury insurance fund in accordance with national standards. Specific installation, configuration criteria are developed and published by the municipal social insurance administration.

Article 21 Employees require suspension of work-related medical treatment, and in the period of suspension of work leave, the old wage benefits are treated on a monthly basis. The duration of the employee's suspension is generally not more than 12 months and, in accordance with the provisions of the Regulations, there may be reasonable extensions, but not more than 12 months. The specific time frame for the period of suspension of work is implemented in accordance with the relevant provisions of this city.

Article 2 applies for the pension of relatives, and shall submit relevant material such as certificates of family status, economic performance certificates, labour capacity identification findings, proof of the worker's relationship with the breadwinner, the worker's salary certificate for the worker's worker.

Article 23 takes part in the insolvency, disbandment, at the level of up to four disability workers, persons entitled to pension benefits for relatives, and the treatment of work and injuries paid by the worker injury insurance fund, which is paid by the street office or by the social security services established by the town's people's Government.

Article 24 Labour relations between the worker and the agent's unit shall be dismissed or terminated by law, which shall pay a one-time disability employment grant to the worker in accordance with the provisions of the Regulations.

The new unit of the agent established labour relations with workers and agreed to pay a one-time disability employment grant, and the former and new user units should be transferred in time to the social insurance agencies.

Article 25 Employees who do not participate in work injury under the law shall be paid by the user's unit in accordance with the Regulations and the standards set out in this provision.

Article 26 interrupts the payment of contributions by the user unit and interrupts the work injury incurred by the employee during the payment period, pays by the user unit in accordance with the regulations and the standards for the treatment of workers and injuries covered by this provision; and workers who have been treated with work injury insurance and are treated with work injury insurance benefits under the original channels.

Article 27 does not pay an insurance premium for work injury in full, resulting in a reduction in the treatment of work injury insurance for workers and employees, partially paid by the user unit.

Article 28 Employees who have been diagnosed or identified as occupational illnesses are presently involved in the work injury insurance scheme, which is paid by the current user unit in accordance with the Regulations and the standards set out in the present Regulations and in accordance with the provisions of the Occupational Insurance Act of the People's Republic of China.

Article 29, whereby a person's unit or a medical institution refuses to provide or does not provide the relevant information and the material, is rectified by the Social Insurance Administration or by the Health Administration Order, which may be fined up to H$ 20000.

Article 33 consists of one of the following acts by the unit of the agent, the worker or his close relatives, the medical body for work injury, the rehabilitation agency, the supporting body, which has resulted in the loss of the work injury insurance fund, returned by the Social Insurance Administration Order and fines of more than five times the amount of the Fund's loss:

(i) The use of the insured worker for the treatment of the injury insurance;

(ii) Formulating inpatient, rehabilitative and equipped facts and producing false diseases, archives;

(iii) The inclusion of medicines or medical treatment, rehabilitation services, configuration projects that are not in line with the Fund;

(iv) Other ways to deceive the treatment of work injury insurance or expenses of the work injury insurance fund.

In violation of the provisions of this article, municipal social insurance institutions may be free of service agreements with work-related medical institutions, rehabilitation agencies, supporting devices and equipment-sharing agencies, and may not enter into service agreements with them within five years.

Article 31, Purchase and Injury Insurance Fund payments to workers or to their families for work injury insurance treatment, are being converted by the Social Insurance Administration for a period of time, with a delay of up to $300,000 and may be notified to the social insurance agencies for direct payments.

In accordance with the preceding paragraph, the Social Insurance Agency has the right to seek compensation from the user's unit for the treatment of work injury insurance.

Article 32, Units and individuals in violation of this provision, provides for legal responsibility in accordance with its provisions.

Article 33

Article 34 of this provision is implemented from the date of publication. The approach to the implementation of the Labour Injury Insurance Regulations in Beijing City, issued by Order No. 140 of the Beijing People's Government on 1 December 2003, was also repealed.