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People's Government Of Shaanxi Province, Shaanxi Province, On Amending The Unemployment Insurance Ordinance Of Measures For The Implementation Of Decision

Original Language Title: 陕西省人民政府关于修改《陕西省〈失业保险条例〉实施办法》的决定

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Decision of the Government of the People's Republic of the Republic of Korea on the revision of the Modalities for the Implementation of the Unemployment Insurance Regulations in the Province of Syong Province

(Adopted at the 9th ordinary meeting of the People's Government of Hong Kong, 8 May 2009, No. 140 of the People's Government Order No. 140 of 8 May 2009)

Pursuant to the State Department's unemployment insurance regulations, in line with my province, the Government of the province has decided to amend the Modalities for the implementation of the unemployment Insurance Regulations in the Province of Syong Province as follows:

The words “human resources and social security” are revised in articles 3, 4, 5, 11, 12, 15, 19, 28 and 32”.

Delete “persons” in article 5 by modifying them as “in all levels of finance, tax, civil affairs, audit, business, statistics, etc.”, and banks should work with the human resources and social security sector for unemployment insurance.”

Article 7 paragraph (i) was amended to read: “The unit pays an average monthly wage of 2 per cent for the employee of this unit; the individual of the worker pays 1 per cent of the average monthly salary income for the previous year, by the unit of which he/she shall be paid in the monthly salary”.

Paragraph (ii) was amended to read: “Average of 60 per cent of the average monthly salary of the employee in the local previous year issued in the statistical sector, 60% of the average monthly salary of the employee on the ground, up from 30 per cent of the average monthly salary in the local year of the pensioner, and 30 per cent of the average monthly salary in the local year as a contribution base”.

Article 8, paragraph 1, was amended to read: “Emergency, balance allocation and unemployment insurance contributions paid by self-governing units are shown before income tax revenues; unemployment insurance contributions paid by full-scale units, social groups, civil service units, non-commercial units are charged to the social insurance of the unit.”

Paragraph 2 should be amended to read: “Access to unemployment insurance paid by the individual worker shall be deducted from the amount of contributions paid in the calculation of the personal income tax.”

Article 13, paragraph 2, was amended to read: “Establish a system of provincial adjustment for unemployment insurance. The adjustment is based on the number of unemployment insurance premiums to be charged by law in each city, which is raised by 0.3 per cent of the unemployment insurance rate and is vested by the municipalities in the treasury of the fiscal exclusives of the province within 20 April. The provincial finances are deducted from the relevant municipal financial budget.”

Article 17 and article 18, subparagraph (iii), add one to the following: “(iv) there are other conditions under the law, administrative regulations”.

In addition, individual language formulations were revised and the relevant provisions were adjusted accordingly.

This decision is implemented from the date of publication.

The Modalities for the implementation of the unemployment Insurance Regulations in the Province of Chinang were reissued in accordance with this decision.

Annex: Modalities for the implementation of the Unemployment Insurance Regulations (Amendments for 2009) in the Province of Sangkokang (Amendments present)

(Act No. 88 of 12 July 2003 People's Government Order No. 88 of 8 May 2009, in accordance with the Decision of the Government of the People's Republic of China on the revision of the scheme of implementation of the unemployment insurance regulations in the provinces of Myungi)

Article 1 establishes this approach in line with the State Department's Unemployment Insurance Regulations.

Article 2

Article 3. Governments at all levels should strengthen their leadership in unemployment insurance and coordinate with organizations.

The Government's human resources and the Social Security Administration are responsible for unemployment insurance in the current administration.

Article IV provides for the establishment of unemployment insurance institutions in the urban, district and social security administrations of the Government's human resources and social security administration in the establishment of unemployment insurance institutions, specifically for unemployment insurance. The provision for the work of the unemployment insurance agency is included in the budget and is financed by financial resources.

The city-level finance in the establishment area should arrange for the operation of a specific funding grant for district-level unemployment insurance.

Article 5

Article 6. The unemployment insurance fund must be deposited with the financial exclusives established by the State commercial banks, with the introduction of two income-of-payment line management and under the law of the financial, auditing sector.

The unemployment insurance fund is earmarked and cannot be diverted from him or not to be used to balance the financial budget.

Article 7.

(i) The unit pays an average monthly wage of 2 per cent for the employee of the unit; the individual of the worker pays 1 per cent of the average monthly salary income for the previous year, which is paid by the unit in the month.

(ii) An average monthly salary of 60 per cent of the average monthly salary of the employee in the local previous year, compared to the statistical sector, is based on the payment base of 60 per cent of the average monthly salary of the employee on the ground, up to 30 per cent of the average monthly salary of the employee in the previous year, and 30 per cent of the average monthly salary of the employee at the local level as a contribution base.

(iii) Farmers' contract-based workers are not paying unemployment insurance.

Article 8

The unemployment insurance paid by the individual worker shall be deducted from the amount paid in the calculation of the personal income tax.

Article 9. The unit and the individual of the worker shall pay a monthly unemployment insurance premium base and unemployment insurance, approved by all levels of unemployment insurance and charged by local tax authorities.

The unemployment insurance agencies should provide local tax authorities with timely registrations, registrations, write-off registrations and payment orders.

Local tax authorities shall communicate the contributions earmarked for social insurance contributions to unemployment insurance agencies by 3 per month.

The unemployment insurance agencies should establish payment records, continuing documentation and personal contributions.

Article 10 units and workers have the right to obtain payment records. Each year, the unit shall make the payments of unemployment insurance contributions to the employee.

Article 11. Unemployment insurance shall not be paid. In one of the cases where the unit was temporarily unable to pay, the unit was granted by the unit, with the approval of the local human resources and the social security administration, and after the approval of the commutation of the notification for the duration of the payment period:

(i) The business difficulty is not paid to the employee's salary for three consecutive months (including the cost of living);

(ii) Insolvency of units and within a statutory period of time;

(iii) Units are in the period of suspension due to serious losses caused by natural disasters, which cannot be properly produced.

The period of suspension was not exceeding six months from the date of approval. There is no reason to pay for the period of time, and the lag of 2 per kilowage was collected on the date of the return.

The denial of payment of unemployment insurance and the lag of funds was made by local tax authorities to apply to the People's Court for compulsory payment under the law.

Article 12 Demobilization, closure, insolvency or revocational units shall notify, in writing, within 15 days of the date of the announcement, the human resources and the social security administration in which the unemployment insurance relationship is located in the property settlement and shall be reimbursed by law for unemployment insurance contributions due from the proceeds of the asset.

The right to business or changes in ownership should be reimbursed for the unpaid unemployment insurance; unliquidated payments are made by the party that has obtained the right to business or ownership.

The legal entity is eligible for loss of office, which ceased to pay for unemployment insurance.

Article 13. The unemployment insurance fund has been integrated throughout the city, with the exception provided by the Government of the province.

The establishment of the unemployment insurance provincial adjustment system. The adjustment is based on the number of unemployment insurance premiums to be charged by law in each city, which is raised by 0.3 per cent of the unemployment insurance rate and is vested by the municipalities in the treasury of the fiscal exclusives of the province within 20 April. The provincial finances are deducted from the relevant municipal financial budget.

Article 14. When the unemployment insurance fund in the urban areas is not credited, it should be used for calendar years; the calendar year balances are still unused, with provincial unemployment insurance premiums and financial subsidies in the municipalities.

The fiscal subsidies for provincial mediators and district-based municipalities are proportional to 1. Provincial mediators are less used and are subsidized by provincial finances.

Article 15. Budgets and accounts for the unemployment insurance fund, which are prepared by the institution of unemployment insurance in the municipality of the establishment, are reviewed by the human resources and social security administration of the current people, and are submitted to the Government for approval.

Article 16, with the same conditions as unemployed persons, may receive unemployment insurance benefits:

(i) In accordance with the provision for participation in unemployment insurance, the unit and himself have fulfilled the payment obligation of one year in accordance with the provisions;

(ii) The discontinuation of employment without the will of themselves;

(iii) The registration of unemployment and the requirement for employment.

During the receipt of unemployment insurance payments, unemployed persons receive other unemployment insurance treatment as prescribed.

Article 17: The unemployment insurance is suspended in one of the following cases:

(i) The recruitment of military service;

(ii) Work with pay;

(iii) Execution or rehabilitation of the prison;

(iv) Other cases provided for by law, administrative regulations.

Article 18: The unemployed persons have one of the following conditions and end the receipt of the unemployment insurance:

(i) Access to old-age insurance treatment;

(ii) Transmission;

(iii) Three denials of adequate employment opportunities by employment services institutions without justification;

(iv) Other cases provided for by law, administrative regulations.

Article 19 units should provide proof of termination or dismissal of labour relations to unemployed persons in a timely manner, in writing to inform them of their right to receive unemployment insurance treatment under the provisions and to report on unemployment insurance coverage at the location of the unemployment insurance relationship within 7 days of termination or dismissal.

After the employee's unemployment, the unemployment certificate shall be paid within 60 days of the date of the termination of the unit or the dismissal of the labour contract relationship, to the unemployment insurance agency in which the unemployment registration and unemployment insurance pension is performed, and the unemployment certificate shall be obtained. The unemployment certificate was compiled by the Ministry's Human Resources and Social Security Administration.

The unemployment insurance agency should confirm whether it should receive unemployment insurance treatment within 15 days of the date of receipt of the unemployment application. Persons eligible for the unemployment insurance scheme receive unemployment insurance payments since the confirmed month.

The unemployment insurance treatment is paid by the unit in accordance with the prescribed standards and deadlines due to the failure of the unit to make the unemployed.

Article 20 Unemployment insurance payments were made by 75 per cent of the annual minimum wage standards at the location of the province's Government.

Article 21, the issuance of the unemployment insurance pension, which was received by the unemployment insurance agency by the month of the unemployment insurance certificate, was awarded to the designated bank for unemployment insurance.

Article 22 Periods of unemployment insurance for unemployed persons are determined for a maximum of 24 months, based on the cumulative payment time prior to the unemployment of unemployed persons.

(i) A cumulative payment period of up to two years and a three-month unemployment insurance payment;

(ii) A cumulative payment period of up to three years and a six-month unemployment insurance scheme;

(iii) A cumulative payment period of more than three years, with nine months of unemployment insurance payments;

(iv) A cumulative payment period of more than five years, and a 12-month unemployment insurance scheme;

(v) A cumulative payment period of more than 10 years, which receives 18 months of unemployment insurance;

(vi) Over 10 years of cumulative payment and 24 months of unemployment insurance.

The cost of unemployment insurance contributions is calculated on the basis of the time taken by the unit and the individual worker to pay the unemployment insurance.

Article 23 of the unemployment insurance period for unemployed persons, who were re-employed and paid for recalculation, could be combined with the previous period of unemployment insurance payments, but not more than 24 months.

Article 24 provides for a period of continuous work of the individual worker prior to the introduction of the unemployment insurance scheme, subject to the payment of the same person's contributions, to be combined with the actual payment time after the introduction of the personal payment system; the cumulative payment of the employee's personal contributions time is inconsistent with the cumulative payment time of the former employee's office.

During the period of labour relations, the unit and the employee were discontinued for the reasons of the unit and, in the case of the employee's unemployment, the unemployment insurance was calculated at the time the payment was discontinued for one month, at the time the unemployment insurance was paid every one year. Reduced unemployment insurance treatment is paid by units.

Article 26 unemployed persons are unable to re-employment after the expiry of the unemployment insurance and are less than two years from the statutory normal retirement age, and may apply for continuing unemployment insurance to the mandatory retirement age. The standards that continue to be paid are 80 per cent of the unemployment insurance rate, but no less than the minimum standard of living for local urban residents.

Article 27 provides for medical benefits for unemployed persons during the period of unemployment insurance payments, which are paid by 6 per cent of the unemployment insurance rate at the location, and are used in the form of a monthly unemployment insurance scheme. Inpatient treatment is required and, with the approval of the unemployment insurance agency, inpatient treatment at the hospital designated by the unemployment insurance agency, a one-time medical grant may be granted by 70 per cent of the hospital's medical fees, but the highest rate shall not exceed 2 times the total amount of the unemployment insurance.

Farmers contract workers do not enjoy a one-time medical grant.

No one-time medical grant is granted to persons who receive unemployment insurance benefits due to injury and illness.

Article 28 Deaths of unemployed persons during the period of unemployment insurance payments may be made by their family members to the unemployment insurance agency for a funeral benefit for a lump-sum pension for the dependent family. The death of the unemployed person may be paid in conjunction with his or her family when the unemployment insurance was not paid in the month. However, the death of a person participating in a violation shall not be required to receive a funeral grant and a lump-sum pension for a dependent family.

The criteria for the funeral grant and the one-time pension for the dependent family are determined by the Ministry's human resources and social security administration, taking into account the criteria for the current employment of the enterprise in the province.

In the second sentence, a worker who has worked for one consecutive year, the unit has paid an unemployment premium and the labour contract has not been finalized or terminated in advance, and a one-time allowance may be granted to the unemployment insurance agency. The duration of the grant is one month for each year, but for a maximum of 24 months, the allowance rate is awarded for local unemployment insurance payments.

The unemployment insurance scheme for female unemployed persons is in accordance with family planning provisions, which are reviewed by the unemployment insurance agency and receive a lump-sum grant equivalent to the three-month unemployment insurance rate of the person.

Article 31 states that the unemployed persons meet the minimum living conditions of the urban population and may enjoy the minimum living security of the urban population, in accordance with the provisions.

Article III provides for a vocational training and vocational introduction allowance for unemployed persons during the payment of unemployment insurance. The specific subsidy approach was developed by the Ministry of Human Resources and Finance of the Social Security Administration.

The unemployment insurance relationship should then be transferred when the unit and the employee were transferred across an integrated area within the province and the unemployment insurance premium was not transferred. Removal unemployment insurance agencies shall be a proof of the relocation of outward units or employees. Removal units or employees shall be certified within 60 days for re-entry into local unemployment insurance institutions, and shall pay unemployment insurance for the month of the transfer of the payment of the payment of the payment of the payment of the payment.

Until the unemployment of unemployed persons is not integrated with their families, the unemployment insurance agencies located in the unemployment insurance relationship of the former unit are transferred to the place of the household and are paid by the institution of unemployment insurance at the home.

Units, workers and unemployed persons are moved across provinces, according to the relevant national provisions.

Article 34, the unemployment insurance agency should establish a public demonstration system that would facilitate public service and receive public scrutiny at awakening location of the process, projects, standards.

Article XV, in violation of the provisions of this scheme, is governed by the relevant provisions of the State Department's Unemployment Insurance Regulations and the Social Insurance Resorting Regulations. The transfer of the judiciary is governed by law.

Article 36 of this approach was implemented effective 15 August 2003.