In China, Hainan Province, Hainan Provincial People's Government On The Revision Of The Urban Unemployment Insurance Rules For The Implementation Of Decision

Original Language Title: 海南省人民政府关于修改《海南省城镇从业人员失业保险条例实施细则》的决定

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In China, Hainan Province, Hainan Provincial people's Government on the revision of the urban unemployment insurance rules for the implementation of decision

    (December 15, 2008, Hainan Province, the people's Government of the 20th Executive meeting on December 17, 2008, Hainan Provincial people's Government promulgated as of January 1, 2009, No. 220) in China, Hainan Province, the provincial government decided to urban unemployment insurance regulations read as follows:

    Section a, the fourth is amended as: "in the establishment of representative offices of foreign organizations in the administrative areas of the province and Hong Kong, Macao and Taiwan areas organizations representative offices and the hiring of Chinese workers, shall, in accordance with the provisions of the Ordinance to participate in unemployment insurance.

    "Employed in the administrative area of the province of Taiwan residents and Chinese citizens in the Hong Kong and Macao residents shall, in accordance with the provisions of the Ordinance to participate in unemployment insurance. "In this provincial town within the administrative area employers employed persons of foreign nationality, does not participate in the unemployment insurance regulations. Otherwise provided for by the State, from its provisions.

    ”

    Second, the 18th is revised as follows: "unemployment insurance plan standard for the first 12 months of unemployment I paid unemployment insurance premiums monthly wage 60%. "Unemployment insurance based on the standards prescribed in the preceding paragraph, is higher than or equal to the minimum monthly wage of staff and workers of the local government, according to 98% of the minimum monthly wage distribution is less than or equal to the minimum living standard for city residents, according to the minimum living standard 150% released.

    ” Third, changes the 19th saying: "the unemployed receive unemployment insurance benefits during hospitalization due to illness, can contribute to the unemployment insurance agency to apply for Medicaid.

    Medical 60% of medical expenses allowances in order to comply with the following provisions, but not more than 15,000 Yuan:

    "(A) of the unemployment insurance agency designated medical institutions in the hospital;

    "(B) of the basic medical insurance fund to pay for treatment of the disease is within the scope of diseases;

    "(C) meet the basic medical insurance fund pay for medicines, medical items, provision of medical services and fees.

    "Unemployed due to chronic illness requiring hospitalization, and related formalities shall be made to the unemployment insurance agency; was hospitalized with acute disease should be at the hospital within 3 working days of unemployment insurance agencies go through the relevant formalities. "Unemployed workers have enjoyed basic medical insurance for urban workers, no longer qualify for Medicaid benefits.

    ” Four, and will 21st article modified for: "unemployment personnel in received unemployment insurance during death of, by unemployment insurance handling institutions by unemployment personnel where City, and County, and autonomous Shang annual on-the-job workers months average 4 months of amounts, to funeral grant; has dependent spouse and dependent immediate family of, by unemployment insurance handling institutions by unemployment personnel where City, and County, and autonomous Shang annual on-the-job workers months average 20 months of amounts, one-time to pension.

    ”

    Five, the 22nd is revised as follows: "the unemployed during the period of receiving unemployment insurance compensation, vocational training institutes for vocational training, and access to vocational training certificate, may apply to the unemployment insurance agency for vocational training subsidies.

    "Employer organization to a vocational training institution for training of unemployed persons and labor contracts with them for more than a year, the employer can apply to the unemployment insurance agency vocational training subsidies. "The unemployed during the period of receiving unemployment insurance compensation in accordance with the provisions of the preceding two paragraphs to vocational training, can be designated by the administrative departments of labor security in the local vocational training institutes a free vocational training. Training of unemployed persons, vocational training allowances paid to vocational training institutions, is no longer paid to unemployed individuals.

    Specifies the vocational training institutions to develop comprehensive vocational training plan and has been training, unemployment insurance agencies can pay vocational training subsidies 50%; training of personnel to obtain a vocational training certificate, payment of training allowance 30%; staff employment rate of more than 60%, to pay subsidies for vocational training 20%. "Vocational training subsidies to specific criteria by the administrative departments of labor security, together with provincial departments and provincial financial departments.

    ”

    Article 23rd six, be modified to: "the unemployed during the period of receiving unemployment insurance compensation, introduced by employment agencies to obtain employment again, and for more than a year of labor contract with the employer, employment agency applications for employment subsidies can contribute to the unemployment insurance. "Employment subsidies to specific criteria by the administrative departments of labor security, together with provincial departments and provincial financial departments.

    ”

    This decision shall enter into force on January 1, 2009.

    Towns in Hainan Province in China unemployment insurance in accordance with this decision of the implementing rules of the regulations be revised and republished.

    : A town in Hainan Province in China unemployment insurance regulations implementing rules (revised 2008)

    (July 22, 2002, Hainan Provincial people's Government to 158th published on December 17, 2008 issued by the Hainan Provincial people's Government order No. 220 in China, Hainan Province, the Hainan Provincial people's Government on the changes of urban unemployment insurance decision to amend the implementing rules of the regulations)

    First in China, Hainan Province, in accordance with the cities and towns of the unemployment insurance regulations (hereinafter regulations), these rules are formulated.

    Practitioners in the second article of the Bill, regardless of residence wherever or access to specific forms of remuneration, shall be as provided in the regulations to have unemployment insurance.

    Third provincial agencies in June of the Ordinance provides that employees shall participate in the unemployment insurance, household and personnel outside the province and outside the province, excluding unemployment insurance.

    Fourth section established within the administrative region of this province of foreign organizations representative offices in Hong Kong, Macao and Taiwan areas organizations representative offices and its practitioner employed by the Chinese side shall be as provided in the regulations to have unemployment insurance.

    Employed in the administrative area of the province of Taiwan residents and Chinese citizens in the Hong Kong and Macao residents shall be as provided in the regulations to have unemployment insurance. Town in the administrative region of this province employers employed persons of foreign nationality, does not participate in the unemployment insurance regulations.

    Otherwise provided for by the State, from its provisions.

    Article fifth mission in Haikou, following Tainan area units to register with the unemployment insurance, unemployment insurance agencies: Central and provincial departments, public institutions, registration of private non-enterprise units at or above the provincial level of the Home Department, social organization, registered with the industrial and commercial administration departments at or above the provincial level enterprises, employs no army personnel stationed in Joan army troop units.

    The Yangpu economic development zone employer to Yangpu unemployment insurance agencies register with the unemployment insurance, unemployment insurance funds into provincial-level Yangpu household financial account management.

    Farming systems approach employers apply for unemployment insurance, according to the relevant provisions of the provincial government.

    Other employer to local municipalities, counties, autonomous counties unemployment unemployment insurance registration insurance agency.

    Sixth employer unemployment insurance registration not complying with the regulations, imposing organ can be collection of unemployment insurance premium and notify the employer and the unemployment insurance agency, go through the registration of unemployment insurance. Seventh an employer and its employees shall not participate in two or more unemployment insurance; already, unemployment insurance agencies should repeat to pay unemployment insurance premiums into the unemployment insurance fund, individual contributions refunded himself.

    Repeated access to unemployment insurance benefits, be recovered by the unemployment insurance agency.

    Eighth article of the Ordinance of the State organs and by reference to civil service system management of other organ or entity shall enter into a labor contract in practitioners and cadets in the contingent units in China, as far as I 1% of their monthly wages to pay unemployment insurance premiums, employer insured salary the months 2% pay unemployment insurance premiums.

    Nineth employer implementation of weeks, days, hours, wages or wages must be paid immediately after the completion of a specific task, declared and authorized payment of the insurance premium has been paid when the wage base, should be in accordance with the People's Republic of China 50th of the Labour Code provides that this type of pay is converted to monthly salaries.

    Insurance premium has been paid monthly salaries shall not be less than the city, County, autonomous county 60% in the previous year's average monthly wage of fully employed staff; no more than of the city or County, autonomous county 300% in the previous year's average monthly wage of fully employed staff. Tenth employer violations of regulations led to workers failed to receive unemployment insurance benefits and related costs paid by the employer for the period of unemployment.

    The employer refused to pay, the party concerned may in accordance with the regulations to the labor dispute arbitration institution for arbitration; for the arbitration decision, may institute civil proceedings.

    11th practitioners across integrated areas, transfer approach to relationship between unemployment insurance and unemployment insurance, unemployment insurance agencies according to the relevant State provisions.

    12th due to bankruptcy of the employer, revoked statutory termination shall be debts due to payment of unemployment insurance premiums and interest according to law.

    Employer restructuring, merger, Division, transfer, the original unit in default of payment of unemployment insurance premiums shall be liquidated in accordance with law; the original units in China in the new unit to continue employment, continuous calculation in the original number of years insured.

    13th Ordinances not because I intend to interrupt the employment referred to in article, refers to interruption of employment due to any of the following circumstances:

    (A) the termination of an employment contract;

    (B) the employer discharges the labor contract;

    (C) is the employer to dismiss or remove and dismiss;

    (D) under the People's Republic of China labor law article 32nd of the second to third and the employer terminates the labor contract;

    (E) as otherwise provided by laws and regulations. 14th the unemployed unemployment insurance agencies should be personally undergone unemployment registration and apply for unemployment insurance benefits and other related procedures.

    23rd Ordinance may be entrusted to another agency of other special circumstances, refer to the following:

    (A) the unemployed action due to injury problems, was unable to take care of;

    (B) unemployed persons unable to register due to force majeure;

    (C) other circumstances stipulated by laws and regulations.
15th cumulative paid unemployment insurance premiums for the unemployed, calculated according to the following options:

    (A) before January 1, 1994, according to the national regulations of uninterrupted work or treated as a period of contributions, and the actual time to consolidate insurance premium has been paid;

    (B) the unemployed back to work again after the unemployment period of contributions is recalculated.

    16th 18th Ordinance period of receiving unemployment insurance, approved by the following ways:

    Full payment more than 1 year, cumulative time in payment for every 5 months, approved to receive unemployment insurance benefits for a period of 1 month.

    Calculated according to the provision of the preceding paragraph, the cumulative contribution times for over 5 years and not less than 10 years, calculated duration of more than 18 months, approved by the 18-month total contributions for more than 10 years, calculated duration of more than 24 months, and 24 months for final approval.

    17th the unemployed back to work again after the unemployed, the period for receiving unemployment insurance benefits and previously unemployed shall receive and have not yet collected unemployment insurance period of consolidation, but shall not exceed 24 months.

    Unemployed during the period of receiving unemployment insurance compensation of the unemployed back to work again after less than 1 year, you can continue to access to previous unemployment should not receive unemployment insurance benefits, but the term shall not exceed 24 months.

    Article 18th unemployment insurance plan standard for the first 12 months of unemployment I paid unemployment insurance premiums monthly wage 60%.

    Unemployment insurance based on the standards prescribed in the preceding paragraph, is higher than or equal to the minimum monthly wage of staff and workers of the local government, according to 98% of the minimum monthly wage distribution is less than or equal to the minimum living standard for city residents, according to the minimum living standard 150% released. 19th the unemployed during the period of receiving unemployment insurance compensation for inpatient treatment, can contribute to the unemployment insurance agency to apply for Medicaid.

    Medical 60% of medical expenses allowances in order to comply with the following provisions, but not more than 15,000 Yuan:

    (A) of the unemployment insurance agency designated medical institutions in the hospital;

    (B) of the basic medical insurance fund to pay for treatment of the disease is within the scope of diseases;

    (C) meet the basic medical insurance fund pay for medicines, medical items, provision of medical services and fees.

    Unemployed due to chronic illness requiring hospitalization, and related formalities shall be made to the unemployment insurance agency; was hospitalized with acute disease should be at the hospital within 3 working days of unemployment insurance agencies go through the relevant formalities.

    Unemployed people already enjoy basic medical insurance for urban workers, no longer qualify for Medicaid benefits.

    20th unemployed due to crimes as a result of medical costs, unemployment insurance agencies are not subsidies.

    Due to traffic accident expense medical expenses and other law shall be borne by the particular responsibility for medical expenses, unemployment insurance agencies are not subsidies cannot be performed by a specific person to bear, the unemployment insurance agency verification, prescribed by the unemployment insurance agency benefits. Medical costs increase due to medical malpractice, the responsible hospital payments.

    Before medical accident medical expenses or medical treatment after the accident and unrelated medical medical malpractice costs, subsidized by unemployment insurance agencies in accordance with the regulations.

    21st article unemployment personnel in received unemployment insurance during death of, by unemployment insurance handling institutions by unemployment personnel where City, and County, and autonomous Shang annual on-the-job workers months average 4 months of amounts, to funeral grant; has dependent spouse and dependent immediate family of, by unemployment insurance handling institutions by unemployment personnel where City, and County, and autonomous Shang annual on-the-job workers months average 20 months of amounts, one-time to pension.

    22nd the unemployed during the period of receiving unemployment insurance, vocational training institutes for vocational training, and access to vocational training certificate, may apply to the unemployment insurance agency for vocational training subsidies.

    Employer organizations to a vocational training institution for training of unemployed persons and labor contracts with them for more than a year, the employer can apply to the unemployment insurance agency vocational training subsidies. Unemployed during the period of receiving unemployment insurance compensation in accordance with the provisions of the preceding two paragraphs to vocational training, can be designated by the administrative departments of labor security in the local vocational training institutes a free vocational training. Training of unemployed persons, vocational training allowances paid to vocational training institutions, is no longer paid to unemployed individuals.

    Specifies the vocational training institutions to develop comprehensive vocational training plan and has been training, unemployment insurance agencies can pay vocational training subsidies 50%; training of personnel to obtain a vocational training certificate, payment of training allowance 30%; staff employment rate of more than 60%, to pay subsidies for vocational training 20%.

    Vocational training subsidies to specific criteria by the administrative departments of labor security, together with provincial departments and provincial financial departments.

    23rd the unemployed during the period of receiving unemployment insurance compensation, introduced by employment agencies to obtain employment again, and for more than a year of labor contract with the employer, employment agency applications for employment subsidies can contribute to the unemployment insurance.

    Employment subsidies to specific criteria by the administrative departments of labor security, together with provincial departments and provincial financial departments.

    24th occupation training bodies and employment agencies are not allowed to receive vocational training and placement of unemployed persons received vocational training and employment agency fees; unemployed persons may not be appropriate or divert funds for vocational training and employment subsidies.

    25th unemployed persons unemployment insurance agencies should develop vocational training and employment plans, preparation of an annual spending plan, reported the labor Security Department and financial Department for examination and approval in the unemployment insurance fund budget.

    Agreed by the labour and social security sector and the financial sector, but advances to the unemployment insurance agency 1/3 per cent of the budget allocated to the funds, after acceptance by stipulation.

    Article 26th the unemployment insurance agency provides funds required for payment of unemployment insurance benefits, paid from the unemployment insurance fund.

    Problems in the 27th article of the rules for the implementation of the specific application, the provincial labour and social security administrative departments are responsible for the interpretation. 28th article of the regulations come into force on September 1, 2002. Implementing rules of the Hainan special economic zone in China town unemployment insurance Act repealed simultaneously.