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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

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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Decision of the Government of the People of the Southern Province to modify the application of the Rules for the Unemployment Insurance of Tropical Workers in the Province of Sea

(The 20th ordinary meeting of the People's Government of North and South Province, held on 15 December 2008, considered the adoption of Decree No. 220 of 17 December 2008 by the People's Government Order No. 220 of 17 December 2008, of implementation effective 1 January 2009)

The Provincial Government has decided to amend the Rules for the Implementation of the Unemployment Insurance Regulations for Tropical Workers in Southern Province as follows:

Article IV should be amended to read: “A foreign organization representative body established in the administrative region of the province and Hong Kong, Macao, Taiwan-Organization Agency and its median practitioners, which are employed, shall participate in unemployment insurance in accordance with the regulations.

“The Chinese citizen from Taiwan, Hong Kong and Macao residents of the province's administration shall participate in unemployment insurance in accordance with the regulations.

“Institution of expatriate persons in the administration of the province does not participate in unemployment insurance under the regulations. The State also stipulates that it is from its provisions.”

Article 18 was amended to read: “The unemployment insurance pay rate is 60 per cent of the average monthly wage paid by himself for 12 months prior to the unemployment.

“The unemployment insurance scheme, which is calculated by the previous criteria, is higher than or equal to the minimum monthly wage of workers set by local governments, is granted by 98 per cent of the minimum monthly wage standard, less than or equal to the minimum standard of living for urban residents, by 50 per cent of the minimum standard of living.”

iii. Reclassification of Article 19 proves to: “The unemployed persons may apply for medical assistance to the unemployed insurance agencies during the period of receipt of the unemployment insurance scheme. The standard of medical assistance is 60 per cent of the medical costs set out below, but is up to $15 million:

“(i) Inpatient treatment of medical institutions designated by the unemployment insurance agency;

“(ii) The disease treatment is covered by the Integrated Health Insurance Fund;

“(iii) In line with the provisions of the Integrated Fund for Basic Health Insurance for the payment of medicines, medical treatment projects, medical facilities and fees.

“Employees are required to be hospitalized for chronic illnesses, and they should be processed before the unemployment insurance agency; in the case of emergency illnesses, the relevant procedures should be added to the unemployment insurance institution within three working days of the date of the hospital.

“Employed persons have been granted basic health insurance for urban practitioners and no medical benefits are granted.”

Article 21 was amended to read: “The unemployed persons died during the receipt of the unemployment insurance scheme by the unemployment insurance agency, which is paid a burial grant at the average monthly salary of the employee in the municipality of the unemployed person, the district, self-governing area, for a period of 20 months, and a lump-sum pension is paid to a lump sum for the benefit of the surviving spouse and the dependent family.

Article 22 was amended to read: “The unemployed persons may apply for vocational training benefits to the unemployment insurance agencies during the receipt of the unemployment insurance scheme, in vocational training institutions and in accordance with vocational training qualifications.

“Every entity organizes training for unemployed persons to vocational training institutions and enters into labour contracts with them for more than one year, a person's unit may apply for vocational training subsidies to the unemployment insurance agency.

“The unemployed persons who did not participate in vocational training in the period of unemployment insurance payments, in accordance with the provisions of the preceding paragraphs, may receive free vocational training at the local labour security of designated vocational training institutions designated by the executive branch. Unemployment workers participate free of charge in training, and vocational training benefits are paid to vocational training institutions and are no longer paid to the unemployed. The designated vocational training institutions have developed and implemented training programmes, with unemployment insurance agencies paying 50 per cent of the vocational training benefits; 30 per cent of the training subsidies are paid by trained personnel for eligibility for vocational training; and more than 60 per cent of the workforce's employment rate and 20 per cent of the vocational training subsidies.

“The specific criteria for vocational training subsidies are established by the provincial Labour Guarantees Administration with the provincial price sector and the provincial fiscal sector.”

Article 23 was amended to read: “The unemployed persons may apply to the unemployed insurance agencies for job introduction benefits during the period of unemployment insurance payments, by job introduction agencies, and with the user's units for more than one year of labour contracts.

“The specific criteria for job description subsidies are developed by the provincial Labour Guarantees Administration with provincial price and provincial fiscal departments.”

This decision has been implemented effective 1 January 2009.

The Rules for the Implementation of the Unemployment Insurance Regulations for Urban Deptants in the Province of the Sea are released in accordance with this decision.

Annex: Rules for the implementation of unemployment insurance regulations for urban practitioners in the Southern Province (Amendments for 2008)

(Act No. 158 of 22 July 2002 of the People's Government Order No. 158 of 21 July 2002 on the amendment of the Decision of the Government of the People of the South Province to amend the application of the Rules for the Unemployment Insurance of Practitioners in the Province of the Sudan, issued by Decree No. 220 of 17 December 2008)

Article 1 establishes the rules for this implementation, in accordance with the Regulations on Unemployment Insurance for Tropical Workers in Southern Province (hereinafter referred to as Regulation).

The practitioners within the scope of Article 2 of the Regulation, regardless of their place of origin or the specific form of payment of wages, shall participate in the unemployment insurance in accordance with the regulations.

Article 3 practitioners from outside the province should participate in unemployment insurance as prescribed by the regulations, except for those who have been involved in unemployment insurance outside the province.

Article IV provides for participation in unemployment insurance, as prescribed by the regulations, in foreign organizations established within the administrative region of this province and in Hong Kong, Macao, Taiwan region's representative body and the Chinese practitioners employed therein.

Chinese citizens from Taiwan, Hong Kong and Macao residents of the province's administration should participate in unemployment insurance in accordance with regulations.

In the administrative area of this province, outpatients are employed without participating in unemployment insurance under the regulations. The State also provides for the provision.

Article 5: The following units in the Caspian Sea, the capital city area are registered with the provincial unemployment insurance agency for unemployment insurance registration: the central and provincial executives, the treasury units, non-commercial units, social groups registered in the civil affairs sector over the provincial level, and the enterprises registered in the business administration sector over the provincial level, and the units owned by non-military practitioners.

The Economies in the Oceano Economic Development Zone are registered with the Occidental Unemployment Insurance Agency, and the Unemployment Insurance Fund is integrated into the management of the province's treasury wards.

The approach to unemployment insurance by the agricultural reclaimer unit is implemented in accordance with the relevant provisions of the provincial government.

Other user units are registered for unemployment insurance in the city, the district, the autonomous district.

Article 6 Unregistered unemployment insurance by a person's unit as prescribed by the regulations allows the organ to collect unemployment insurance premiums by law and to inform the user units and the unemployment insurance agency to complete the registration of unemployment insurance.

Article 7. A person's unit and its practitioners shall not participate in two or more unemployment insurance; the unemployment insurance agency shall incorporate the repayment of the excess of the unit's unemployment insurance premium into an integrated fund for unemployment insurance, and the personal contributions are returned. Repetitive unemployment insurance treatment is recovered by unemployment insurance agencies.

Article 8 provides for the payment of unemployment insurance contributions by State organs and other organs, units, which are required to refer to the management of the national civil service, to practitioners in the labour contract and practitioners of units owned by the force, in accordance with 1 per cent of the total monthly salary.

Article 9 pays wages after the introduction of weeks, days, hours of wages or completion of a specific work, and in the declaration and approval of the payment of the wage base for unemployment insurance contributions, such wages shall be converted into the form of monthly salary, in accordance with article 50 of the People's Republic of China Labour Code.

The total monthly salary paid for unemployment insurance shall not be less than 60 per cent of the average monthly salary of the insured employee in the city, the district, the autonomous district, and not less than 30 per cent of the average monthly salary of the insured worker in the city, the district, the autonomous district.

Article 10. In violation of regulations by the user unit, the costs incurred during the period of unemployment are paid by the user unit. The author's unit refuses to pay and the parties may apply for arbitration to the labour dispute arbitration body, as prescribed; the arbitration decision is not uniform and civil proceedings can be initiated.

Article 11. The transfer of unemployment insurance and unemployment insurance contributions by practitioners across the area of integration, is implemented by the unemployment insurance agencies in accordance with the relevant national provisions.

Article 12. The termination of the person's unit for legal reasons such as insolvency, withdrawal shall be made in accordance with the law of the paid unemployment insurance and interest.

The conversion, consolidation, separation and transfer of the unit's unpaid unemployment insurance shall be liquidated in accordance with the law; the continuing employment of former unit practitioners in the new unit shall be calculated on a continuous basis in the previous unit.

Article 13, paragraph 3, of the Regulations states that employment is not interrupted by the will of themselves, means disruption of employment resulting from one of the following conditions:

(i) Termination of labour contracts;

(ii) The dismissal of labour contracts by the user unit;

(iii) Excluding, de-listing and resigned by the user unit;

(iv) The dismissal of labour contracts in accordance with article 32, paragraph 2, of the People's Republic of China Labour Law;

(v) The law, legislation and regulations are otherwise provided.

Article 14. The unemployed persons shall be personally involved in such procedures as unemployment registration by the unemployment insurance agency and the processing of unemployment insurance payments. Article 23 of the Regulation provides that other special circumstances that may be entrusted to him or her are referred to as follows:

(i) The difficulty of action caused by the injury caused by the unemployed persons, which cannot be done personally;

(ii) The inability of unemployed persons to work in person owing to force majeure;

(iii) Other cases provided for by law, regulations.

Article 15. The cumulative payment of unemployment insurance contributions by unemployed persons is calculated according to the following methodology:

(i) Until 1 January 1994 on the basis of national regulations, the duration of the continuing work or work, calculated at the time of the actual payment of the unemployment insurance;

(ii) Re-employment of unemployed persons and recalculation of the pay period.

Article 16 Periods of unemployment insurance under article 18 of the Regulation shall be approved by:

More than one year of payment, the cumulative pay period of up to five months was approved for unemployment insurance payments for one month.

In accordance with the preceding paragraph, the cumulative payment period was due for less than 10 years, which was approved for 18 months, and for more than 10 years, the cumulative payment period was calculated for more than 24 months and was approved for 24 months.

Article 17 re-employment of unemployed persons may be calculated in conjunction with the previous period of unemployment insurance that was due to be paid but not more than 24 months.

After re-employment in the period of unemployment insurance payments, the unemployed persons may continue to receive the former unemployment insurance pension, which has not yet been paid for a maximum of 24 months.

Article 18

The unemployment insurance scheme, calculated in accordance with the previous criteria, is higher than or equal to the minimum monthly wage of workers set by local governments, which is distributed by 98 per cent of the minimum monthly wage standard, and is less than or equal to the minimum standard of living for urban residents, by 50 per cent of the minimum standard of living.

Article 19 Employees may apply for medical assistance to unemployment insurance agencies during the period of receipt of unemployment insurance. The standard of medical assistance is 60 per cent of the medical costs set out below, but is up to $15 million:

(i) Inpatient treatment of medical institutions designated by the unemployment insurance agency;

(ii) The disease treatment is covered by the Integrated Health Insurance Fund;

(iii) In line with the provisions of the Integrated Fund for Basic Health Insurance for the payment of medicines, medical treatment projects, medical facilities and fees.

The number of unemployed persons requiring hospitalization due to chronic illness should be pre-empted by the unemployment insurance agency, and the associated procedures should be filled with unemployment insurance institutions within three working days of the date of the hospital.

Unemployment workers have been granted basic health insurance for urban practitioners and no medical benefits are granted.

Article 20

As a result of the medical fees incurred by transport accidents and their legal fees should be paid by a specific person, the unemployment insurance was not granted by the agency; it was not possible to be borne by a specific responsible person, and the unemployment insurance was verified by the unemployment insurance agency, which could be subsidized by the unemployment insurance agency.

Medical costs increased by medical accidents are paid by the responsible hospitals. Medical expenses incurred prior to medical accidents or medical accidents are not related to medical accidents, which are provided by the unemployment insurance agencies.

Article 21 Deaths of unemployed persons during the period of unemployment insurance payments were made to funeral benefits by the unemployment insurance agency for an average salary of four months per month of the employee's salary in the municipality of the unemployed, district, self-governing area; a lump-sum pension was paid to the unemployment insurance agency for the average monthly salary of the employee in the town, district, autonomous district.

In the period of unemployment insurance payments, the unemployed persons participated in vocational training in vocational training institutions and obtained vocational training qualifications, which could apply for vocational training subsidies to the unemployment insurance agencies.

The unit organizes the training of unemployed persons to vocational training institutions and enters into labour contracts with them for more than one year, and the unit can apply for vocational training subsidies to the unemployed insurance agencies.

The unemployed persons who did not participate in vocational training in the period of unemployment insurance payments, in accordance with the provisions of the preceding paragraphs, could receive free vocational training at the local labour security of designated vocational training institutions designated by the executive branch. Unemployment workers participate free of charge in training, and vocational training benefits are paid to vocational training institutions and are no longer paid to the unemployed. The designated vocational training institutions have developed and implemented training programmes, with unemployment insurance agencies paying 50 per cent of the vocational training benefits; 30 per cent of the training subsidies are paid by trained personnel for eligibility for vocational training; and more than 60 per cent of the workforce's employment rate and 20 per cent of the vocational training subsidies.

The specific criteria for vocational training subsidies are developed by the provincial Labour Guarantees Administration with the provincial price sector and the provincial fiscal sector.

Article 23 During the receipt of the unemployment insurance scheme, the job introduction agency introduced re-employment and entered into a labour contract with the user's unit for more than one year, and the job description agency could apply for job introduction subsidies to the unemployment insurance agency.

Specific criteria for job description subsidies are developed by the provincial Labour Guarantees Administration with provincial prices and provincial fiscal departments.

Article 24 provides that vocational training institutions and job descriptions shall not receive separate vocational training fees and vocational representations for unemployed persons who receive vocational training and career presentations; nor shall they be excluded from the provision of vocational training subsidies and occupational representation benefits for unemployed persons.

Article 25 Unemployment insurance institutions should develop vocational training and career presentations programmes for unemployed persons, prepare annual expenditure plans and incorporate the unemployment insurance fund budget after approval by the labour security sector and the fiscal sector.

With the agreement of the labour security sector and the fiscal sector, the provision of one third of the budget allocated to the unemployment insurance agency may be made subject to the provision of the provision for the processing of the inspection.

Article 26 The unemployment insurance agency provides for the payment of funds required for the treatment of unemployment insurance from the unemployment insurance fund.

Article 27 specifically applies to the executive branch of provincial labour guarantees.

Article 28 The rules for the implementation of the unemployment insurance regulations for urban practitioners in the area of the South-South economy were also repealed.