Under Unemployment Insurance In Jiangsu Province

Original Language Title: 江苏省失业保险规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351937.shtml

Under unemployment insurance in Jiangsu Province

    (Jiangsu provincial people's Government, the 66th general meeting April 28, 2011 through May 8, 2011, Jiangsu provincial people's Government, the 72nd release come into force July 1, 2011) Chapter I General provisions

    First in order to guarantee the basic livelihood of unemployed people, unemployment prevention, promotion of employment, in accordance with the People's Republic of China Law on social insurance and the People's Republic of China employment promotion Act and other laws and regulations, combined with the facts of the province, these provisions are formulated.

Provisions of this article apply to the administrative region of this province in the following units and personnel (hereinafter referred to as the employer and the insured person):

(A) all types of enterprises, private non-enterprise units and formed labour relations officers;

(B) individual economic organizations and their employees;

(C) the State organs, institutions, social organizations and established the labor contract with workers;

(D) should participate in the unemployment insurance law, regulations of the other units and personnel. Employers and persons listed in the preceding paragraph shall participate in unemployment insurance, insurance premium has been paid in full and on time.

After the insured unemployment, unemployment insurance benefits according to law.

    Otherwise provided for by laws and regulations on unemployment insurance, from its provisions.

    Third local people's Governments at or above the county level shall strengthen leadership on unemployment insurance, unemployment into the national economic and social development planning, guarantee the collection of unemployment insurance funds and the payment of unemployment insurance benefits.

Article fourth local people's Governments at or above the county level administrative Department of human resources and social security (hereinafter referred to as human resources and Social Security Department) the competent unemployment insurance work within their respective administrative areas, its handling unemployment insurance business established by the social insurance agency (hereinafter referred to as the unemployment insurance agency) specifically in the unemployment insurance work, the public employment service agency responsible for the registration.

    Local people's Governments at or above the county level shall finance, tax, audit, and other relevant departments and trade union organizations, in accordance with their respective mandates related to unemployment insurance.

    Chapter II the unemployment insurance fund

Fifth unemployment insurance fund consists of the following components:

(A) unemployment insurance premiums paid by employers and insured persons;

(B) the interest of unemployment insurance fund and other value-added income;

(C) in default of payment of unemployment insurance compensation plus late fees;

(D) subsidies;

    (E) shall be incorporated into the unemployment insurance fund pursuant to the provisions of other funds.

Sixth the employer shall set up within 30th of licence, registration certificate or seal to local unemployment insurance unemployment insurance registration agencies. Employer separation, merger, bankruptcy, closure or cancellation shall split, merge, bankrupt, closed or canceled within 30th of, original accepting registration for unemployment insurance unemployment insurance institutions change, cancellation of registration.

    Unemployment insurance agencies shall promptly inform the amount of unemployment insurance premiums should be adjusted tax departments. Article seventh employers and insured persons, in accordance with State regulations, base pay and pay pro rata payment of unemployment insurance premiums. Employer unemployment insurance payment ratio to insured persons of the unit 2% of wages, payment ratio for wages of insured persons 1%.

    Employer insurance and unemployment insurance contribution base the reference base of basic old-age insurance for enterprise employees in the province identified. Eighth employer monthly reporting to the unemployment insurance agency shall pay the amount of unemployment insurance premiums, after approved by the unemployment insurance agency, unemployment insurance premium collected by the local tax Department on a monthly basis.

Unemployment insurance premium paid by the insured individual, by their units on a monthly basis on behalf of withholding.

    Local tax Department, identified during the unemployment insurance levy declared false by the employing unit shall provide relevant information in a timely manner to the unemployment insurance agency, unemployment insurance agencies should again.

Nineth employer shall declare the insurance premium has been paid, on time and in full, and not due to force majeure such as statutory subject matter shall not be held over, relief. Special difficulties due to temporary incapacity of the employer payment of unemployment insurance premiums, in accordance with the provisions of the payment payment period shall not exceed 6 months. After the expiry of the payment, the employer shall pay in full the payment of unemployment insurance premiums and interest on bank deposits.

Without late fee during the holdover period.

    Company closure, bankruptcy or other abnormal condition, in accordance with the provisions of the assets at present, should be repaid in cash income in default of payment of unemployment insurance premiums, and be unable to repay part, in accordance with the provisions of the verification.

Tenth unemployment insurance premiums paid channels are:

(A) enterprises, privately-run non-enterprise unit, individual economic organizations of workers in pre-tax expenses;

(B) the State organs, institutions, social organizations, units or operating expenses would be covered by funds.

    Insured persons pay unemployment insurance premiums deducted from their taxable income. 11th the unemployment insurance fund managed in County-level units, districts to municipal district implement the city-level overall plan to gradually improve the pool level, implement the province's overall plan.

    Integrated uniform system of unemployment insurance policies, pay for treatment and handling process. Article 12th provincial adjustment funds of unemployment insurance.

Integrated area should be before June 30 of each year, in accordance with the unemployment insurance funds actually collected the previous year total of 5% financial account be handed over to the province, the social security fund provincial adjustment funds of unemployment insurance; not handed over as required, by the provincial financial Department approved transfer payment.

    Provincial provincial adjustment funds can be adjusted according to the actual situation of unemployment insurance paid.

13th pool area unemployment insurance fund receivable should be supported-not enough use, adjustment is given by provincial adjustment funds of unemployment insurance, year the highest amount does not exceed the overall solution of the transfers amount 3 times; after dispensing is still inadequate, and by co-ordinating regional people's Government in accordance with the provisions of subsidies. Integrated provincial adjustment funds of unemployment insurance paid in full and on time solutions and the unemployment insurance fund in the region achieve today and double the current period balances, by the financial Department of the province, in line with the area awarded to remit a percentage of the amount returned.

Reward the return of funds to increase overall unemployment insurance fund.

    Provincial adjustment funds of unemployment insurance specific management measures for the province, finance, human resources and Social Security Department.

14th the unemployment insurance fund for the following expenditures:

(A) unemployment insurance benefits;

(B) receiving unemployment insurance of basic medical insurance premiums paid during the period;

(C) the unemployed in receipt of unemployment insurance benefits during the death funeral allowance and pension for dependent spouse, immediate family members;

(D) to receive unemployment insurance benefits during vocational training, employment subsidies, specific projects carried out in accordance with provincial regulations and standards;

    (Five) according to national about provides, by Province Government approved agreed included expanded unemployment insurance fund spending range pilot of and manpower area, unemployment insurance fund can for national and province about file provides of career training subsidies, and career introduced subsidies, and social security subsidies, and post subsidies, and small guarantees loan discount, and career skills identification subsidies, and venture investment guide Fund, and venture trainee (real training) life grants, and public employment service grass-roots platform information network construction, and public real training base capacity construction spending. 15th article in the unemployment insurance fund balance larger or when national unemployment early warning and emergency response mechanism, approved by the provincial people's Government, and according to relevant regulations of the State and province as well as the situation in the region, taken floating rates, slow the unemployment insurance fund unemployment insurance premiums and paid other expenses approved measures such as special assistance of the employer.

    The specific conditions and procedures relating to human resources and social security authorities and the financial sector, by province, developed and submitted to the provincial people's Government for approval before implementation.

16th unemployment insurance fund must be credited to the financial sector's accounts of the Social Security Fund, the two lines of income and expenditure management, earmarking may not be used to balance the Government budget, shall not violate laws, administrative regulations, diverted to other uses. Bank and in accordance with the regulations of the State unemployment insurance fund to buy bonds, according to urban and rural residents over the deposit interest rates and interest on the national debt interest.

    Interest of unemployment insurance fund merged into unemployment insurance funds.

Article 17th draft budget and final accounts of income and expenditure of the unemployment insurance fund, by co-ordinating regional unemployment insurance agencies responsible for the preparation, by peer-review human resources and Social Security Department, financial Department, reported to the people's Government at the same level.

    Unemployment insurance institutions shall be announced to the public on a regular basis to participate in unemployment insurance and unemployment insurance fund's income, expenses, balance and earnings.

    Chapter III unemployment insurance benefits

18th unemployed in accordance with the following criteria, are eligible for unemployment insurance benefits:

(A) the unemployed former employer and I have paid unemployment insurance premiums pursuant to the provisions for a year;

(B) non-interrupted their own willingness within the legal working age in employment;

(C) the registration of the unemployed have been carried out, and there are job requirements.

    The unemployed during the period of receiving unemployment insurance compensation, while enjoying other unemployment insurance benefits pursuant to the provisions.

    19th article employing units and parameter insurance personnel lifted, and terminated labor relationship Hou, should timely for its issued proved, written told its according to provides enjoy unemployment insurance treatment of right, and since lifted, and terminated labor relationship of day up 15th within will unemployment personnel of list, and archives, and lifted or terminated labor relationship proved, and participate in unemployment insurance and payment situation, about material reported unemployment insurance handling institutions record.

    20th the unemployed should take the original issued by the unit for the rescission or termination of an employment relationship, the rescission or termination of labor relations to accept registration within 60 days of the date of unemployment insurance agencies for the unemployment insurance claim procedures. Article 21st unemployment insurance unemployment insurance claim request authority shall accept the unemployed within 10th of eligibility to apply for approval, and I, as well as matters related to the result.

Meet the conditions for receiving unemployment insurance benefits, apply for unemployment insurance made by the date of registration of the unemployed, and about the particulars of the employment registration card.
Unemployment insurance unemployment insurance agency entrusts the Bank to receive monthly payments.

    22nd the unemployed former employer and today I pay 1 less than 5 years of age receiving unemployment insurance benefits for a maximum period of 12 months total contribution over 5 years and not less than 10 years, receiving unemployment insurance benefits for a maximum period of 18 months, cumulative contributions for more than 10 years of receiving unemployment insurance benefits for a maximum period of 24 months. After the re-employment, unemployed again, payment time recalculation of receiving unemployment insurance compensation period and previous period of unemployment should be receiving and not receiving unemployment insurance together, the maximum of 24 months.

    Determine the duration of unemployment insurance recipients and the specific measures, by co-ordinating regional people's Government.

Article 23rd standard unemployment insurance, payment of less than 10 years, according to the unemployed 40% of the first 12 months of monthly base pay determined payment for 10 years and 20 years of age, according to the unemployed 45% of the first 12 months of monthly base pay determined payment for more than 20 years, according to the unemployed the first 12 months of monthly base pay of 50%.

Unemployment insurance benefits shall not be more than the local minimum wage, the minimum shall be not less than 1.3 times the minimum living standards for urban local.

    Integrated area consumer price index continued to rise, dynamic price subsidies in accordance with the relevant provisions of national and provincial, guarantee the basic livelihood of unemployed people.

    Article 24th conditional region can guarantee the unemployed basic life and unemployment insurance funds running under safe conditions, explore some unemployed people for special support, and specific ways to promote the employment of unemployed persons as soon as possible.

25th the unemployed during the period of receiving unemployment insurance compensation, participating in basic medical insurance, access to basic medical insurance treatment.

    Unemployed persons shall pay the basic medical insurance premiums paid from the unemployment insurance fund, individuals do not pay medical insurance premiums.

26th the unemployed during the period of receiving unemployment insurance compensation of death, by the death of unemployment insurance funds according to local workers in the workforce provisions sent to lump-sum funeral allowance and pensions to their survivors.

    Death at the same time qualify for basic old-age insurance funeral grant funeral benefits and unemployment insurance, industrial injury insurance funeral grant conditions, survivors can opt for one of the.

    27th article meets the conditions for receiving unemployment insurance benefits the unemployed self-employed and receive the business license, once of receiving unemployment insurance compensation pursuant to the provisions, no longer enjoying other unemployment insurance benefits.

28th the unemployed during the period of receiving unemployment insurance compensation under any of the following circumstances, ceased to receive unemployment insurance benefits, and at the same time stop enjoying other unemployment insurance benefits:

(A) employment;

(B) recruitment for military service;

(C) moved to foreign countries;

(D) access to basic old-age insurance benefits;

(E) without due cause, cumulative 3 local public employment service agencies refused to accept suitable work or training provided. Apart from the circumstances set forth in the preceding paragraph, and unemployed during the period of receiving unemployment insurance compensation due to reasons of force majeure interruption of receiving unemployment insurance compensation, pausing to enjoy other unemployment insurance benefits, interrupt cause disappears, you can restore access to it should be but has not yet obtained unemployment insurance money and enjoying other unemployment insurance benefits.

    Specific measures prescribed by the pooling area people's Government according to the actual situation of the region.

29th article meet enjoy unemployment insurance treatment conditions of unemployment personnel, unemployment Qian where units and I household is not same and manpower area of, by parameter insurance to unemployment insurance handling institutions paid unemployment insurance treatment; back household location of, by parameter insurance to unemployment insurance handling institutions will its unemployment insurance relationship turned to I household location, enjoy unemployment insurance treatment by needed funds together designated turned, specific amount according to unemployment personnel should enjoy unemployment insurance total of 1.5 times times calculation.

Unemployment personnel in received unemployment insurance during across and manpower area migration household of, moved out to unemployment insurance handling institutions should continues to paid its should enjoy of unemployment insurance treatment; I requirements to moved to enjoy of, by moved out to unemployment insurance handling institutions will its unemployment insurance relationship turned to moved to, enjoy unemployment insurance treatment by needed funds together designated turned, specific amount according to unemployment personnel should enjoy and not enjoy of unemployment insurance total of 1.5 times times calculation.

Participation of insured persons in employment and manpower during the unemployment insurance and are not eligible for unemployment insurance benefits the unemployed across integrated areas of household registration, unemployment insurance as I transfer unemployment insurance fund transfers in accordance with the relevant provisions of the State and province.

    Join people across the province, administrative region migration of residence or employment, unemployment insurance and unemployment insurance fund transfers in accordance with the relevant provisions of the State and related areas concerning the agreement.

    The fourth chapter management and supervision

Article 30th human resources and Social Security Department administer the unemployment insurance work, carry out the following functions:

(A) implement provisions such as unemployment insurance laws and regulations, development of developing unemployment insurance plan, employers and insured persons abide by the unemployment insurance law and regulations for supervision and inspection;

(B) to direct unemployment insurance unemployment insurance agencies;

(C) of the unemployment insurance fund to supervise and inspect the collection, use, and manage, review draft budget and final accounts of the Fund, to fund risk forecasting capacity;

    (D) shall carry out other duties in accordance with law.

31st the unemployment insurance agency in the unemployment insurance work, carry out the following functions:

(A) responsible for unemployment insurance, registration, investigation and statistics of the unemployed;

(B) the approved employer insurance and payment of unemployment insurance premiums and unemployed person unemployment insurance benefits, and issuing documents for the unemployed in the designated banks receive unemployment insurance and other documents of the unemployment insurance benefits, allocating subsidies;

(C) the responsible employer insurance and payment records, as well as the establishment and management of payment files;

    (D) shall carry out other duties in accordance with law.

Article 32nd unemployment insurance agencies in accordance with work requirements, you can delegate district, Township people's Government, the subdistrict office in accordance with the provisions of the unemployment insurance.

    Requirements for unemployment insurance agencies in the budget by the financial allocation.

    Article 33rd tax is imposed by the Department responsible for unemployment insurance, timely inform the unemployment insurance agency employers and insured staff contributions and other relevant circumstances.

    34th financial departments are responsible for the unemployment insurance fund management, to the unemployment insurance fund and supervise and inspect the financial management of the Fund.

    35th audit departments in accordance with the unemployment insurance fund income and expenditure, management and operation of the audit and supervision.

    Article 36th trade union organization shall monitor the employers paid unemployment insurance premiums pursuant to the provisions of unemployment insurance fund revenue and expenditure, management and use of its observations and recommendations.

37th overall regional people's Government according to law by the employer representatives, representatives of insured persons, as well as Union representatives social security Supervisory Committee, composed of experts, should be mastering, analysis, expenditure, management and operation of the unemployment insurance fund, comments and suggestions on unemployment insurance.

    Unemployment insurance agencies should regularly send social insurance regulatory Commission report unemployment insurance fund income and expenditure, management and operation, and so on, subject to public supervision.

38th unemployment insurance agencies should be paid on time and the payment of unemployment insurance benefits, and regularly record the personal interests of insured sent free himself.

    Employers and insured persons free to unemployment insurance agencies, check their contributions and unemployment insurance records, require unemployment insurance unemployment insurance agency consulting and other related services.

    39th unemployment insurance agencies should establish and improve unemployment insurance business, financial, security, risk management and credit information collection system, in accordance with national and provincial planning to improve the unemployment insurance system, regularly publish information about unemployment insurance according to law.

    The fifth chapter legal liability

40th employer is in violation of the provisions of any of the following acts, in accordance with the provisions of the social security laws and regulations dealing with:

(A) does not register with the unemployment insurance;

(B) not paid unemployment insurance premiums.

    Employer refused to issue a rescission or termination of an employment relationship, in accordance with the provisions of the labor contract law and regulations.

    41st article does not meet the conditions of receiving unemployment insurance benefits, through fraud or forged documents or other means of obtaining unemployment insurance benefits, by human resources and Social Security Department ordered returned to defraud the unemployment insurance, fined not more than the amount defrauded more than twice times 5 times.

42nd unemployment insurance agencies and their staff members in violation of the provisions of any of the following acts, in accordance with the provisions of the social security laws and regulations dealing with:

(A) through fraud or forged documents or other means of defrauding the unemployment insurance fund expenditures;

(B) fails to perform duties of unemployment insurance;

(C) has not been deposited on account of unemployment insurance fund;

(D) deducted or refusing to pay unemployment insurance benefits;

(E) lost or altered payment records, unemployment insurance unemployment insurance data, personal interests such as pay records recording;

    (F) other acts in violation of the laws and regulations on social security.

    Article 43rd human resources and social security, finance, tax and other departments as well as unemployment insurance agencies abuse their powers, neglect their duties, engage, shall be subject to punishment.

    44th the units and individuals in violation of this provision constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    Article 45th overall regional people's Government according to the actual situation of the region, can determine these provisions apply to flexible employment within their respective administrative areas. 46th article of the regulations come into force on July 1, 2011. August 12, 1995, issued by the people's Government of Jiangsu Province, workers ' unemployment insurance regulations repealed simultaneously.