Ningxia Hui Autonomous Region, Construction Labor Insurance Management

Original Language Title: 宁夏回族自治区建筑工程劳动保险费管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351829.shtml

Ningxia Hui autonomous region, construction labor insurance management

    (February 27, 2011 Executive meeting of the people's Government of Ningxia Hui autonomous region, the 89th through February 28, 2011, people's Government of Ningxia Hui autonomous region, the 31st announced as of April 1, 2011) Chapter I General provisions

    First in order to strengthen the management of construction labor insurance, safeguard the legitimate rights and interests of employees of construction enterprises, according to the relevant regulations of the State, these measures are formulated.

    Article referred to construction labor insurance premiums (hereinafter referred to as labor insurance fees), refers to the inclusion of construction and installation cost for construction enterprises in China to pay basic endowment insurance, basic medical insurance, work injury insurance, unemployment insurance and maternity insurance collectively.

    Article in this autonomous region within the administrative area of construction activities construction, construction enterprises, labor service company and its relevant departments, should comply with these measures.

    Fourth labor insurance premium should be in project estimates, tender control pricing, bidding, construction contracts and completion of settlement in a separate column, shall not be subject to competitive costs.

Article fifth units shall in accordance with this regulation, in time and in full pay employment insurance premiums.

    No units or individuals may, interception and diversion of labor insurance relief.

    Article sixth construction enterprises, subcontracting enterprises according to law for the employment of migrant workers basic old-age pension, basic medical care, work injuries, such as social insurance and payment of social insurance premiums in full and on time.

Article seventh supervision and management work of building departments responsible for labour insurance premium, labor insurance premiums of its management body responsible for labour insurance receive, allocate, allocation and daily management work.

    Human resources and social security, finance, development and reform Department and audit and supervisory organs, in accordance with their respective functions and good management of labor insurance premiums.

    Chapter II collection

Eighth labor insurance uniform in accordance with construction and installation cost (before tax) to collect 3%.

    Changes in labor insurance fees should be based on construction costs, building enterprise employees adjusted the rate of insurance, insurance rates and other factors, specific adjustments standard proposed by the construction Department of the autonomous region autonomous region people's Government for approval before implementation.

Nineth labor insurance premiums charged in accordance with the following provisions:

(A) countries and autonomous regions bidding construction projects, collected by the building Department of the autonomous region.

(B) district city bidding of building projects, collected by the district municipal building departments.

    (C) other construction projects by the project is located in the County (city, district) building departments charged.

    Article tenth units shall prior to the application for a construction license withholding labor insurance, before the completion of the construction works for the record settlement labor insurance premiums.

    11th construction unit should be a one-off pay the insurance fee; pay a one-off is really difficult, shall pay not less than the amount payable by 60%, may defer the payment of the rest, but that it should be paid before completion record.

    12th construction enterprises shall not be charged on their own insurance costs or labour insurance settlement; building units shall not have direct access to the construction labour insurance premium paid by enterprises.

    Chapter III allocated

13th labour insurance construction enterprises allocated on a quarterly basis in accordance with the following criteria:

(A) the labor insurance premium enterprise-employees shall pay the basic old-age pension, basic medical and other social insurance paid the total cost for the standard; the actual labor insurance fees lower than the total enterprise shall pay social insurance premiums for the employees thereof, to collect on the labour 80% of the total insurance premiums paid.

    (B) of construction companies not participating in the basic old-age insurance, no paid labor insurance premiums charged by risk accumulating gold.

14th building enterprise applications for the allocation of labor insurance in the district shall submit the following information:

(A) the copy of the business license and copy of;

(B) the construction Enterprise qualification certificate and its copy;

(C) copies of credentials and pay social insurance fees;

(D) construction permit copy.

Central Government and other provinces in Nanjing building enterprise applications for the allocation of labour insurance premium, in addition to information provided in the preceding paragraph shall be submitted, shall also submit the following information:

(A) the autonomous region issued by the building authority of the Nanjing construction construction enterprise registration certificate and its copy;

    (B) for better staffing (including migrants) copies of credentials and pay social insurance.

15th part of its contracted engineering projects in construction enterprises contracted to qualified labor service enterprises, labor service company on completion of contract labor jobs, may apply to the competent construction Department paid labor insurance premiums.

Labor service enterprise labor insurance premium allocated the applicant shall submit the following information:

(A) the copy of the business license and copy of;

(B) subcontracts and copies;

(C) copies of credentials and pay social insurance;

    (D) construction enterprises (labour jobs employer) proof of accreditation complete subcontracting jobs.

16th building departments shall, within seven working days of construction enterprises, labor service company proposed the appropriation of the application review, qualified, shall be paid; not paid, shall state the reasons in writing.

    Labor service enterprises, shall be completed according to their share of jobs in construction and installation cost of labour, signed a labor job with sub-contract the building of the labor insurance premium shall be allocated.

    17th building authorities approved the allocation of labour insurance premium, decided to allocated should be served on the financial sector, financial departments shall, within five working days of receiving the allocation decision settles funds transfer procedures.

    Savings in the 18th after a labor insurance premiums paid, surplus parts incorporated into the enterprise labor insurance premiums next year.

    The fourth chapter transfers

19th building departments should be extracted from the total labor insurance premiums charged by 18%, as the risk of accumulating gold, transfers for payment of social insurance premiums of construction companies have difficulties.

    Building enterprise applications for five years of labor insurance premiums paid, labor insurance premiums charged by incorporated into the risk of accumulating gold.

    20th the County (city, district) Building Department of the extracted solution on the risk of accumulating gold 40% quarterly State building departments, 30% solutions, building departments, districts, 30% is reserved for transfers in the region.

21st construction enterprises in the region in accordance with the following conditions, may apply to the building departments having jurisdiction transfers risk accumulation of gold; the County (city, district) insufficient risk accumulation, can contribute to the construction of the city divided into districts, autonomous region authorities applied for transfers:

(A) fewer companies to complete engineering tasks, allocation of labor insurance premiums is insufficient to pay social insurance contributions of employees;

    (B) the enterprise will not be able to pay social insurance fees.

22nd building enterprise application transfers the risk of accumulating gold, shall submit the following information:

(A) the copy of the business license and copy of;

(B) the construction Enterprise qualification certificate and its copy;

(C) the enterprise's annual financial report;

    (D) is imposed by the social insurance institution proof of not paying social insurance premiums.

23rd building departments shall, within ten working days to review the requests for transfers from construction enterprises, meet the requirements, according to the risk accumulating gold real money transfers and transfers intended for building business transfers and the amount of funds to be public announcements, public notice period of not less than 7th; no transfers, shall state the reasons in writing.

    Transfers only once a year on the same construction enterprises, transfers an amount not exceeding the amounts owed payment of social insurance of enterprises 60%.

    Article 24th-building Department approval of transfers, transfer decision should be served on the financial sector, the financial sector should be five working days from the date of receipt of the transfer decision within the allocation of relief funds to the withholding account is imposed by the social insurance institution designated may not be directly allocated for construction companies.

    25th construction enterprises to obtain transfers of risk accumulation of gold is still insufficient to staff pay social insurance fees, the shortfall by building enterprise itself.

    Supervision and administration of the fifth chapter

Article 26th building departments charged premiums shall be uniformly printed by the financial Department of labor financial bills, collected labor insurance premiums shall be paid in full in financial account, earmarked for two lines of income and expenditure management.

    Labor insurance fees according to the relevant regulations of the State, excluding the tax levy.

27th finance and auditing and supervision organs should strengthen the labor insurance premium charges, transfers, transfers and other activities of supervision and inspection.

Human resources and Social Security Department of construction enterprises to participate in social insurance and payment of social insurance premiums the implementation of labor security supervision.

    Any organization or individual in violation of the provisions of the right to impeach.

28th building departments of labor insurance premiums should be every six months receive, allocate, allocation announced to the public, subject to public supervision.

    Construction companies have the right to query the enterprise labor insurance premium collection, allocation and the balances.

    29th year of labor insurance in order to protect construction enterprise social insurance if there is balance, approved by the people's Governments at the corresponding level, you can purchase level bonds, into the risk value proceeds accumulating gold. Article 30th except risk accumulation rates, building departments can be extracted from the labor insurance premiums charged by 2% as overheads.

    Extracted the management funds may not be used for matters other than insurance management expenditures.

    Chapter Sixth penalty

31st article violates these rules, the construction unit has one of the following acts, granted by the competent construction department warning, rectification; fails, a fine of between 3,000 yuan and 30,000 Yuan:

(A) labor insurance premiums are not included in the tender bid to control prices;

    (B) directly to the construction of labor insurance premium paid by enterprises.
Article 32nd owner is not paid in full and on time and the labor insurance, granted by the competent construction department warning, rectification; fails, criticized, and since the late date plus labour insurance premium payable by the day five out of 10,000 late fee, late fees charged by incorporated into the principal.

    33rd article violates these rules, construction enterprises, labor service company of any of the following acts, granted by the competent construction department warning, rectification; fails, a fine of between 3,000 yuan and 30,000 Yuan:

(A) labor insurance premiums are not included in the bid price;

    (B) to receive labor insurance fees or labor insurance settlement.

    Article 34th construction enterprises, labor service company fraud, obtaining labor insurance fees or risk of accumulating gold, give notice of criticism by the construction authority, recover the defrauding of the labor insurance or risk accumulating gold and a fine of between 10,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    35th article violates these rules, units or individuals unauthorized interception, misappropriation of relief, labor insurance, and be criticized by the people's Governments above the county level and directly responsible shall be disciplined in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated according to law.

36th article violates these rules, building departments and their management of labor insurance agencies, financial Department and staff of one of the following acts, to managers directly responsible and other persons directly responsible for disciplinary action:

(A) collect labour insurance according to law to use a dedicated financial instruments;

(B) the labor insurance premiums charged by failing over to the financial account funds earmarked for special, two lines of income and expenditure management;

(C) failing to extract, solution risk accumulation on gold;

(D) failing to timely apply for labor insurance fees, risk accumulating gold allocation, the allocation procedures;

    (E) other acts of dereliction of duty, abuse of power, favoritism.

    The seventh chapter by-laws 37th article of the rules as of April 1, 2011. April 15, 1999, Ningxia Hui autonomous region people's Government announced the construction of trial measures for the unified management of the labor insurance fund abolished at the same time.