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Qinghai Province, Qinghai Provincial People's Government On The Amendment Of The Decision Of The Measures For The Implementation Of Regulations On Industrial Injury Insurance

Original Language Title: 青海省人民政府关于修改《青海省实施〈工伤保险条例〉办法》的决定

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Decision of the Government of the People of Blue Heavy Province on the revision of the scheme for the implementation of the Labour Injury Insurance Regulations in Blue Sea Province

(Adopted at the 90th ordinary meeting of the Government of the People of Blue Sea on 17 November 2011, No. 83 of 25 November 2011, published from the date of publication)

In accordance with the Social Insurance Act of the People's Republic of China and the decision of the State Department to amend the Regulations on Workers and Injuries, the Government of the province has decided to amend the scheme for the implementation of the Labour Injury Insurance Regulations in the Blue Sea Province as follows:

Article 2 amends to: businesses, business units, social groups, non-commercial units, foundations, lawyers affairs, accountants' services and individual business-owned businesses (hereinafter referred to as agents) in the administrative area of the province, and to pay work injury premiums for all employees of the unit or employed workers (hereinafter referred to as employees).

Employees and individual business workers, such as businesses, business units, social groups, non-commercial units, foundations, lawyers, accountants, etc. in the province's administration, have the right to benefit from work injury insurance in accordance with the Regulations and this approach.

Article 5 amends as follows: The Labour Injury Insurance Fund is integrated at the state level (local, municipal) to mobilize in accordance with the principle of payment, balance of payments, and to establish provincial refunds, which are gradually integrated into the provinces.

The Central Youth Industry Unit, the Provincial Care Unit, the Social Group, the Civil Service Agency for Non-Commercial Insurance are integrated in the provincial sector.

Article 8 adds a paragraph as paragraph 2: Employers are not paying their work injury insurance contributions. The cost of work injury paid by the user unit is self-funded by the user unit and paid in full and on time. Employees, etc., who are fully funded by the financial resources, are covered in the same financial budget by the work-related injury insurance contributions paid by the employees (including those in the form of work-based workers) and are allocated to the user's units; and work-related injury insurance premiums for employed persons are funded by units and paid in full by the user units.

Paragraphs Page

(i) Costs of work injury and rehabilitation;

(ii) Accommodation grant;

(iii) Remuneration fees for medical care;

(iv) The installation of disability support equipment;

(v) The cost of living care;

(vi) A one-time disability grant;

(vii) Liimation allowance for persons injured by work I to IV;

(viii) A one-time medical grant;

(ix) The funeral grant;

(x) Pensions for relatives;

(xi) A lump-sum death grant;

(xii) Research and training fees for work injury prevention;

(xiii) The identification of labour capacity and other identification fees linked to work injury;

(xiv) Other costs for work injury insurance under laws, regulations.

V. Article 13 amends as follows: a worker's accident injury or, in accordance with the provisions of the Occupational Diseases Prevention and Control Act, a person's unit should report on a timely basis to the integrated social security administration in the area, and the social security administration should verify the situation on the accident scene.

In accordance with the time frame set out in article 17 of the Regulations, the user unit shall submit an application for the determination of work injury to the integrated regional social security administration. In exceptional cases, the Social Insurance Administration agreed that the time limit for application could be extended appropriately, up to 90 days. The owner's unit did not make a claim for the determination of the worker or his close relatives, trade union organizations, and was found to be working injury, in accordance with article 17, paragraph 4, of the Regulations.

Article 14.

(i) Applying the application form for work injury;

(ii) Effective evidence of labour, the recruitment of contract copies or other establishment of labour personnel relations, including de facto labour relations;

(iii) Medical diagnostic certificates at the time of injury caused by medical institutions (a death certificate) and a record of rescue or occupational illness diagnosis (identification);

(iv) Residential identification or close family relations of the injured worker;

(v) Other material to be submitted for work injury determination.

Article 15, paragraph 1 (i), was amended to submit proof to the public security authority or judgement of the People's Court and other effective evidence as a result of unforeseen harm, such as violence in the performance of duties;

Paragraph (iii) was amended to include a certificate of responsibility of the public safety transport management authorities or other relevant departments that were affected by traffic accidents or by urban orbital traffic, passenger freight, fire accident.

In addition, as subparagraph (vi) (vi): where the user unit does not participate in the work injury insurance, the owner's unit applies for the identification of the work injury, the legal certificate of the agent's unit, the licence attached to the licence (release) or the business administration.

Article 16 was amended to read as follows: after the social insurance administration received the applicant's employment injury determination, the application should be promptly reviewed and the application was incomplete and the social insurance administration should be informed, in a written manner, of the full material that the applicant was required to fill the material and that the decision to receive or be inadmissible should be taken.

The Social Insurance Administration takes up the application for damages. The fact of admissibility is clear that the right obligation to determine the application for work injury shall be determined within 15 days. Facts or information are required to investigate verification and to make a decision on industrial injury determination within 60 days. The decision shall be taken with respect to the identification of work injury decisions or the non-confirmation of work injury decisions, and shall be delivered to the user unit, the work injury worker or its close relatives and the institution.

In addition, as paragraph 3, the time frame for the determination of industrial injury is required to be discontinued, and the social security administration should inform the applicant in writing.

ix. Add a article to article 18 as follows:

(i) In excess of the time frame for the application of the statutory application for the identification of work injury;

(ii) The injured person is a retired person employed by a unit of the agent or a person who exceeds the statutory retirement age;

(iii) This is the case under article 46 of the Regulations.

Inadmissibility, the social security administration should inform the applicant in writing within 15 days of the date of receipt of the application.

Article 20 should be replaced with article 21, paragraph 1, with the effect that the worker's medical injury is relatively stable or suspended for the duration of his/her work and that the working capacity should be certified in writing by a person unit, a worker or his close relative to the integrated area of labour capacity.

(i) Determination of work injury decisions;

(ii) The identification table for labour capacity;

(iii) Disadvantages, diagnostic certificates, inspection and testing materials from work-related medical institutions;

(iv) Working capacity identification of other materials provided by the Commission.

Paragraphs Page Upon instructions from the targeted medical agencies, the number of workers injured outside the integrated area has been reimbursed for the repatriation of transportation charges (excluding rental tickets); the pre-commencement rate is not exceeding three days per day, with no standard of reimbursement of US$ 150 per day, the duration of the hospital treatment period being reimbursed as required; and the transfer of medical assistance to 300,000 dollars per day on actual days. Costs are paid by the Workers and injured Insurance Fund, which goes beyond certain self-sustainability.

Article XII, article 27, as amended by article 28, amends the need for work injury rehabilitation for workers and injured workers, with the approval of the Agency, to carry out work injury rehabilitation for work-related injury services in the signing of service agreements.

Article XIII, Article 33 was replaced with article 34, paragraph 1, which reads as follows: the expiry of the labour contract for workers aged 5 to 10 years or the removal or termination of the labour relationship with the user unit, and the payment of a one-time injury medical grant by the Labour injury insurance fund, which is standard of 15 months to 75,000 months in the payment of the salary paid to themselves in the event of the removal or termination of labour relations, of which 5 15 months, 613.5 months, 7 months, 810.5 months, 9 months, 7 months. A lump-sum employment grant was paid by a user unit, whose criteria were 15 months to 7.5 months for the release or termination of the labour relationship, of which 5 were 15 months, 613.5 months, 7 December, 8.5 months, 9 months, 105,000 months, and 10,5 months.

Article XIV, article 35, read Article 36, amends the treatment provided for in article 39, paragraph 1, of the Regulations to the effect of the death of the worker.

Article XV, Article 36, read Article 37, amends the closure of a person unit, the insolvency, the transfer of a person to a four-tier working injury, a person entitled to a family pension, or a social security service station for a long-term place of residence or town. The treatment of work-related injury insurance that is in line with the work injury insurance fund's payment is granted by the agency. In the absence of a five to ten-year-old worker and an agent's removal from the labour relationship, a one-time work injury medical grant is paid under the standard set out in article 34 of this scheme by the work injury insurance fund and a one-time disability employment grant is paid by the user unit to terminate the working injury insurance relationship.

Article 40: Employers have once again suffered work injury and, depending on the level of disability in the new department of work injury, a lump-sum disability grant may be granted, in accordance with their highest level of disability, other work injury insurance treatment.

Paragraphs Page Previously insured persons have been identified as working injury and their treatment and payment channels are implemented in accordance with the original provisions. Upon review by the Social Insurance Administration, new work injury insurance treatment is paid by the Workers' Insurance Fund pursuant to the Regulations and the provisions of the scheme. The treatment of work-related injury insurance during the absence of an integrated work injury insurance or in full payment of work injury insurance was paid by the user unit.

Articles 3, 7, 9, 13, 16, 17, 19, 22, 29, 38, 41 and 43 of this approach amend “Human resources and social security administrative authorities” as “the Social Insurance Administration”.

In addition, the individual language of the provisions was amended and the order of the provisions was adjusted accordingly.

This decision is implemented since the date of publication.

The Modalities for the implementation of the Work injury Insurance Regulations in Blue Heavy Province were released in accordance with this decision.

Annex: Methods for the implementation of the Labour Injury Insurance Regulations in Blue Heavy Province (as amended in 2011)

(Prelease No. 42 of the People's Government Order No. 42 of 19 May 2004 to consider amendments to the Decision on Modalities for the Implementation of the Labour Injury Insurance Regulations in Blue Heavy Province on 17 November 2011) through the publication of No. 83 of the People's Government Order No. 83 of 25 November 2011.

Chapter I General

Article 1 establishes this approach in the light of the State Department's Regulations on Work injury Insurance (hereinafter referred to as the Regulations).

Article 2

Employees and individual business workers, such as businesses, business units, social groups, non-commercial units, foundations, lawyers, accountants, etc. in the province's administration, have the right to benefit from work injury insurance in accordance with the Regulations and this approach.

Article 3. The Provincial Social Insurance Administration is responsible for work injury insurance throughout the province. The above-mentioned Social Insurance Administration is responsible for work injury insurance in the current administration.

The Social Insurance Agency (hereinafter referred to as the executing agency) conducts specific work injury insurance.

Article IV

Chapter II Work injury insurance fund

Article 5 Insurance Funds are integrated at the state (local, municipal) level to mobilize in accordance with the principle of payment, balance of payments, and to establish provincial mediators to gradually integrate provincial integration.

Work injury insurance, such as the Central Youth Industry Unit, provincial utilities units, social groups, civil service non-commercial units, has been integrated in the provinces.

Article 6. The user unit shall be registered in accordance with the Regulations and this scheme for the conduct of work injury insurance by an agency in the integrated area, which shall be reviewed within 10 days of the date of receipt.

Changes in the registration of injury insurance by a unit or termination by law shall be due to changes in or cancellation of work injury insurance by the institution of the organization within 30 days of the date of the change or termination.

Article 7. The Provincial Social Insurance Administration has established sectoral benchmarking standards in accordance with the use of work injury insurance, the incidence of work injury and the level of occupational disease hazards, which are approved by the Provincial Government.

In accordance with the business registration and operation of the user's unit, the office determines the type of industrial risk for the user unit. In accordance with the industrial benchmark rate, the initial payment rate of the user's unit was determined, with the approval of the Integrated Regional Social Insurance Administration, to be reported to the provincial Social Insurance Administration.

Article 8. The annual salary of the employee in the unit is 60 per cent of the average salary of the staff in the integrated area, up from 30 per cent, at 30 per cent.

Employers do not pay their work injury contributions. The cost of work injury paid by the user unit is self-funded by the user unit and paid in full and on time. Employees, etc., who are fully funded by the financial resources, are covered in the same financial budget by the work-related injury insurance contributions paid by the employees (including those in the form of work-based workers) and are allocated to the user's units; and work-related injury insurance premiums for employed persons are funded by units and paid in full by the user units.

Insolvency of the enterprise, in accordance with the actual costs paid by the work injury insurance fund during the previous year, a one-year insurance premium was paid from the asset to another in accordance with the statutory liquidation procedure.

Article 9 In the category of industries, the rate was not buoyed at the industrial benchmark rate. In the second and third sectors, the Agency was buoyaged from 1 to 3 years on the basis of factors such as the use of injury premiums by the user unit, the incidence of work injury and the level of occupational illness. The specific approach to buoyage is developed by the Integrated Regional Social Insurance Administration and is reported to the Provincial Social Insurance Administration.

Article 10

(i) Employees' insurance contributions;

(ii) Interest income earned on the work injury insurance fund;

(iii) Other funds provided by law, regulations.

Article 11

(i) Costs of work injury and rehabilitation;

(ii) Accommodation grant;

(iii) Remuneration fees for medical care;

(iv) The installation of disability support equipment;

(v) The cost of living care;

(vi) A one-time disability grant;

(vii) Liimation allowance for persons injured by work I to IV;

(viii) A one-time medical grant;

(ix) The funeral grant;

(x) Pensions for relatives;

(xi) A lump-sum death grant;

(xii) Research and training fees for work injury prevention;

(xiii) The identification of labour capacity and other identification fees linked to work injury;

(xiv) Other costs for work injury insurance under laws, regulations.

Article 12 The percentage of the withdrawal of the reserve is based on 10 per cent of the actual fees incurred during the year of work injury insurance, which is used to pay for work-related injury insurance treatment for major accidents in the integrated area, as well as the payment of the annual work injury insurance fund over actual incomes. Inadequate payments are made by the Government of the Integrated Region.

Chapter III

When a worker has suffered an accident or has been diagnosed, identified as a occupational disease under the Occupational Diseases Prevention Act, the user unit should report to the Integrated Regional Social Insurance Administration in a timely manner, and the Social Insurance Administration should verify the situation on the accident scene.

In accordance with the time frame set out in article 17 of the Regulations, the user unit shall submit an application for the determination of work injury to the integrated regional social security administration. In exceptional cases, the Social Insurance Administration agreed that the time limit for application could be extended appropriately, up to 90 days. The owner's unit did not make a claim for the determination of the worker or his close relatives, trade union organizations, and was found to be working injury, in accordance with article 17, paragraph 4, of the Regulations.

Article 14. Requests for work injury determination shall be submitted to:

(i) Applying the application form for work injury;

(ii) Effective evidence of labour, the recruitment of contract copies or other establishment of labour personnel relations, including de facto labour relations;

(iii) Medical diagnostic certificates at the time of injury caused by medical institutions (a death certificate) and a record of rescue or occupational illness diagnosis (identification);

(iv) Residential identification or close family relations of the injured worker;

(v) Other material to be submitted for work injury determination.

Article 15 shall also provide relevant evidence:

(i) To submit proof to public security authorities or judgement of the People's Court and other effective evidence of an accidental injury, such as violence, to fulfil their duties;

(ii) The fate of the disappearance of an accident during the outside of the work or in a risk response is unknown to the People's Court for the conclusion of the death;

(iii) An accident of transport or urban orbital traffic, passenger ferry, fire accident injury shall be submitted to the responsibilities of the public security transport administration or to other relevant departments;

(iv) Removal of old injuries by military personnel, submission of confirmations of the Revolutionary Military Liuation and the labour capacity to validate the Commission's old injuries;

(v) Be harmed in the maintenance of State interests, public interest activities, to submit proof of the civil service or other relevant departments;

(vi) In cases where a person's unit does not participate in the work injury insurance, the owner's unit shall apply for the determination of the worker's injury and shall submit a legal certificate of registration, a copy of the business licence, or a search certificate from the business administration.

The Social Insurance Administration shall, upon receipt of the applicant's employment injury determination, promptly review the incompleteness of the application and, in writing, the Social Insurance Administration shall notify the applicant of the full material that the applicant needs to be filled and shall make a decision to receive or be inadmissible after the full material is completed.

When the Social Insurance Administration considers the application for injury, it is clear that the right obligation to determine the application for employment injury should be determined within 15 days. Facts or information are required to investigate verification and to make a decision on industrial injury determination within 60 days. The decision shall be taken with respect to the identification of work injury decisions or the non-confirmation of work injury decisions, and shall be delivered to the user unit, the work injury worker or its close relatives and the institution.

As a result of the statutory circumstances, the time frame for the determination of a worker injury would need to be suspended, and the social security administration should inform the applicant in writing.

Article 17 The Social Insurance Administration accepts the application for finding that a person's unit is required to submit the material that has not been submitted late or that the user unit does not consider it to be an injury of the worker or his close relatives to perform the burden of proof, and the Social Insurance Administration may, after the investigation is verified, make a finding of the worker's injury.

Article 18

(i) In excess of the time frame for the application of the statutory application for the identification of work injury;

(ii) The injured person is a retired person employed by a unit of the agent or a person who exceeds the statutory retirement age;

(iii) This is the case under article 46 of the Regulations.

Inadmissibility, the social security administration should inform the applicant in writing within 15 days of the date of receipt of the application.

Chapter IV

Article 19 Provincial and State (territory, municipal) Labour Capacity Identification Commission consists of the same Social Insurance Administration, the Health Administration, the Trade Union Organization, representatives of the executive branch and representatives of the user unit. The Office of the Labour Capacity Identification Commission is based in the same-tier social security administration and is responsible for the day-to-day work identified by the labour capacity. The Commission has the following responsibilities:

(i) Level of identification (i.e., disability classification);

(ii) A hierarchy of living barriers;

(iii) Extensive confirmation of the duration of work staying;

(iv) Accreditation of a supporting tool;

(v) Reconfirmation of old injury;

(vi) Confirmation of the link between sickness and work injury;

(vii) Employers for the sole loss of their labour capacity.

Article 20

It should be avoided by the membership of the Labour Capacity Identification Commission or by participating in the identification of experts in the interest of the parties.

Article 21

(i) Determination of work injury decisions;

(ii) The identification table for labour capacity;

(iii) Disadvantages, diagnostic certificates, inspection and testing materials from work-related medical institutions;

(iv) Working capacity identification of other materials provided by the Commission.

Article 2 The Labour Capacity Identification Table is maintained by the user unit and the office agency respectively, and the Workers' Guardian's Witnesses.

Article 23. The applicant's finding of the State (territorial, municipal) Labour Capacity Identification Commission is inconsistency and may submit a re-identification application to the Provincial Commission for the Identification of Labour Capacity, in accordance with article 26 of the Regulations, and the findings of the provincial Labour Capacity Identification Commission. The Provincial Commission for the Identification of Labour Capacities was found to be inadmissible.

Changes in the disability of workers require review, in accordance with article 28 of the Regulations.

Article 24 The application for re-identification or review of the findings of their identification, as well as the identification of illness and work injury without direct cause and causation, is borne by the applicant.

Chapter V

Article 25 Employees are required to suspend their work to receive treatment and, in accordance with article 33 of the Regulations, are entitled to the duration of the work.

Employees may not remove or terminate labour relations with them during the suspension of their work.

Article 26 Employees who are injured shall send them to medical institutions for medical treatment in a timely manner, where the situation is urgent, to be rescued for near-medical institutions and to be transferred to medical institutions for work injury. In the field hospitals, the user units should report to the institution within 15 days of the injury.

The cost of treatment for work injury is in line with the standard of the directory of work injury and is paid by the work injury insurance fund. The health-care facility shall receive the consent of the worker or his family for the treatment of work injury beyond the medical directory of the work injury and shall be borne by the worker.

Employer inpatient care work injury is paid daily to a 15-Charge for the actual number of days. Upon instructions from the targeted medical agencies, the number of workers injured outside the integrated area has been reimbursed for the repatriation of transportation charges (excluding rental tickets); the pre-commencement rate is not exceeding three days per day, with no standard of reimbursement of US$ 150 per day, the duration of the hospital treatment period being reimbursed as required; and the transfer of medical assistance to 300,000 dollars per day on actual days. Costs are paid by the Workers and injured Insurance Fund, which goes beyond certain self-sustainability.

Article 27 recidivism of workers and injured workers (removal of old-injured military personnel with revolutionary disability), and the Medical Agency for Work-related Injuries issued diagnostic certificates that the Labour Capacity Identification Commission confirmed that the medical treatment of workers and injuries could be enjoyed. There is a need to put an end to the treatment of work, which can be treated for the duration of work. The medical treatment needs to be returned to the home, and a medical facility shall be chosen in his or her long-term residence as a medical facility for medical work injury, by a user unit to the institution for approval. The work injury and medical expenses incurred without the approval of the agreement are not covered by the work injury insurance fund.

Article 28 requires the rehabilitation of workers and injured workers, with the approval of the Office of the United Nations High Commissioner for Human Rights, to carry out work-related injury rehabilitation services in the context of the signing of the service agreement.

Article 29 applies to work injury workers or their close relatives for work injury insurance treatment, which is submitted by a user unit to the agencies of the Agency for the application for treatment of work injury insurance, the identification of work injury decisions, work injury certificates, the labour capacity identification form. The user unit refused to submit an application for the treatment of work injury insurance, and the worker or his or her close relatives could submit a request for treatment of work injury insurance directly to the institution.

The following supplementary materials are submitted in accordance with the requested treatment project for the benefit of the extended family:

(i) Survival certificates, identity cards, public safety and household management of the breadwinner;

(ii) The communes' Government and the street offices have proven to have no means of life;

(iii) Evidence from the civil service of unaccompanied or orphaned children;

(iv) The relationship between parenthood and children;

(v) Confirmation of the full loss of labour capacity by relatives;

(vi) Other material provided by the Social Insurance Administration.

When the applicant's submission is accepted by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with article 33, the applicant's submission shall be completed within 15 days and the relevant treatment shall be implemented in accordance with the provisions. The disability allowance, living care fees, pension benefits for the dependent family and a one-time disability grant should be paid, starting in the month of the Board's findings.

Article 31 provides for the installation or distribution of support equipment for workers and employees for daily or employment needs, with recommendations from the work-related medical institutions, and with the confirmation by the Labour Capacity Identification Commission, to be installed or equipped by the established subsidiary body. The cost of installing or equipping a subsidiary body is paid from the work injury insurance fund in accordance with national standards.

Article 32 is determined to be disabled by a person's unit and a worker who pays a basic old-age premium and a basic medical insurance fee to the age of retirement at his or her disability allowance. The disability allowance is deducted from the payment of basic old-age premiums, basic medical insurance expenses, which are actually paid less than the standard of minimum wages in the integrated area, and is supplemented by the work injury insurance fund.

Employees who have been involved in the retirement process are not entitled to disability benefits, have access to basic old-age insurance treatment or pensions, and are paid by the work injury insurance fund for the other treatment of workers and injury insurance.

The retirement age of one to four workers or the closure of the business by law, the insolvency shall be subject to retirement proceedings, the suspension of disability benefits, the enjoyment of basic old-age insurance treatment, the approved basic old-age insurance treatment below the disability allowance, and the full balance of the work injury insurance fund. Other work injury insurance treatment is paid by the work injury insurance fund.

Article 33 is determined to be disabled by grades 5 to 10, and the person's unit and maiming shall be based on his or her disability allowance or on his or her salary, and shall pay social insurance to the age of retirement as provided for in the provisions. After deduction of the social contributions paid by himself, the disability allowance or the actual payment of wages is less than the standard of minimum wages in the integrated area, which is filled by the user unit.

Article 34, paragraphs 5 to 10 of the labour contract for workers injured by work of the worker or by himself for the dismissal or termination of the labour relationship with the user unit, is paid by the Workers' Insurance Fund for a one-time work injury medical grant, which is standard of 15 months to 7.5 months for the dismissal or termination of the labour relationship, of which 5 15 months, 13.5 months, 12 months, 810.5 months, 9 months and 10.5 months. A lump-sum employment grant was paid by a user unit, whose criteria were 15 months to 7.5 months for the release or termination of the royalties, of which 5 were 15 months, 613.5 months, 7 months, 105,000 months, 9 months, 105,000 months, and 10,575 months.

In the event of the termination or dissolution of labour relations, a worker who participated in the old-age insurance was less than five years old, paid 80 per cent of a one-time medical injury and disability employment benefits, less than 60 per cent for four years, less than 40 per cent for three years, less than 20 per cent for two years and less than 10 per cent for a year. Employees who have reached their retirement age or who have been paid their pension by the month shall not pay a lump-sum medical benefit and a lump-sum employment grant.

In the case of a lump-sum medical grant and a lump-sum employment grant, a work injury worker was terminated with a unit of the agent and an agency of the organization, and was made public by the public certificate body. In accordance with the treatment of unemployment insurance, unemployment insurance treatment is provided. After re-employment, new work injury was incurred and, in accordance with the Regulations and the methodology, the procedures were established for the identification of work injury and the ability to work, and the treatment of new approved work injury insurance.

Article 336 Deaths of workers by their close relatives are treated under article 39, paragraph 1.

Article 37 closed and insolvency, socialized management services shall be delivered to the permanent place of residence or town social security services through the transfer of one to four employees, the benefit of the extended family pension. The treatment of work-related injury insurance that is in line with the work injury insurance fund's payment is granted by the agency. In the absence of a five to ten-year-old worker and an agent's removal from labour relations, a one-time injury medical grant was paid by the Workers' Insurance Fund in accordance with the criteria set out in article 34 of the scheme and a one-time disability employment grant was paid by the user unit to terminate the working injury insurance relationship.

Article 338 Disability benefits, pension payments for foster relatives, living care expenses, and by the Social Insurance Administration of the province and the financial sector, in accordance with the average salary and changes in living expenses for all-provincial workers, the adjustment programmes are presented in due course to approval by the Provincial Government.

Other costs for the treatment of work injury insurance are paid by the user unit. The user unit reminds the Labour Identification Commission to confirm whether the worker has extended the pay period for the work injury and that the cost is paid by the user unit.

Article 40 re-injured workers and, in accordance with the level of disability assessed by the new Ministry of Disability, a one-time disability grant may be granted to other work injury insurance treatment at the highest level of disability.

Chapter VI Oversight management

Article 40 of the Social Insurance Administration of the province, in accordance with the characteristics of the administrative region of the province, the injury to work injury and occupational diseases, and the management of medical services for work injury insurance, the integrated planning and identification of medical institutions, rehabilitation institutions and supporting equipment, will enhance the supervision of health-care services throughout the province, including health, civil affairs. In accordance with the needs of work injury insurance, the State (local, municipal) Social Insurance Administration has identified medical institutions for work injury insurance in the integrated region, which will enhance the supervision of local work injury insurance medical services with relevant sectors such as local health, civil affairs.

The social security administration at all levels should conduct research and injury prevention campaigns with the relevant departments to prevent or reduce the occurrence of work injury and occupational diseases.

Article 42, the Integrated Regional Agency shall enter into a service agreement to clarify the rights and obligations of both parties and to make them available to society in a timely manner.

Article 43 thirteenth work injury insurance services should strictly adhere to the provisions of the work injury insurance and provide good services for workers and employees, in line with the social insurance administration and the labour-capacity identification body, and the institution of the organization.

Chapter VII

Article 444 participated in work-related injuries prior to the work injury insurance and was integrated in the management of the work injury insurance at the same time as the unit was in the process. Previously insured persons have been identified as working injury and their treatment and payment channels are implemented in accordance with the original provisions. Upon review by the Social Insurance Administration, new work injury insurance treatment is paid by the Workers' Insurance Fund pursuant to the Regulations and the provisions of the scheme. The treatment of work-related injury insurance during the absence of an integrated work injury insurance or in full payment of work injury insurance was paid by the user unit.

Article 48 fifteen workers work for injury to one year, with monthly wages in the calculation of work injury insurance treatment, can be calculated in accordance with the average monthly salary for the actual month of work, and the monthly wage or contribution rate of unpaid wages may be calculated in accordance with the average monthly salary of the employee in the unit. The average monthly salary of the employee in this unit cannot be determined and can be calculated in accordance with an average of 60 per cent of the employee's salary in the area where the user unit is located.

Article 46 provides that workers who are in contact with occupational hazards shall be subject to occupational health inspections prior to the termination, removal of labour relations or the processing of retirement proceedings, and shall be informed of the results of the inspection. The treatment of work injury insurance shall be paid in the event of injury determinations, labour capacity identification, treatment of approved procedures. The diagnosis of the retirement of a worker suspected to have been treated as a occupational illness may be determined by work injury and the treatment of work injury insurance. The user unit does not carry out a pre-emptive occupational health examination of the worker, shall not terminate, remove labour relations, be treated with occupational illness after retirement, with the responsibility of the former agent's unit and pay for work injury insurance treatment.

Article 47 does not refuse to inspect, treat and validate workers, affect the normal conduct of work injury insurance and the suspension of their treatment by the user units and the agencies of the organization. The work of the unit was denied by the Labour Capacity Identification Commission to determine whether it had been fully or most to resume its labour capacity, and the user units were treated in accordance with the relevant regulations.

Article 48 is implemented effective 1 July 2004.