Key Benefits:
(Act No. 176 of 31 October 2007 of the People's Government Order No. Chapter I General Article 1 establishes this approach in the light of the relevant laws, regulations and regulations, in order to regulate the work of the worker's labour capacity in this city, to preserve the legitimate rights and interests of the worker, the user's unit. Article 2 Article 3 (i) Level-level identification of labour functional barriers (including occupational diseases) (continuation of identification), level of self-sustainability (reviewed); (ii) Assessment of the level of disability due to illness or non-worker disability; (iii) Reconfirmation of old injury; (iv) Recognition of the end date of work injury, disability or non-exclusive medical treatment; (v) Recognition of the extension of the period of termination of work injury; (vi) Confirmation of the duration of work leave; (vii) Recognition of the installation, maintenance or replacement of rehabilitation equipment for workers injured. Article IV. There is a strict ban on private conspiracy and a false application. Chapter II Article 5. The Government of the city has established the Commission for the Identification of Labour Capacity (hereinafter referred to as the Commission for the Identification of Labour Capacity), which has a Director of the Urban Labour Capacity Identification Commission, two Vice-Presidents and several members of the Commission. The Director is headed by the municipal labour security sector, and other members are composed of municipal personnel, municipal health, municipal finance, municipal trade unions, municipal councils, municipal women's associations, municipal social insurance representatives and social professionals, such as medicine, law, etc., and social professionals are not less than five. The Urban Labour Capacity Identification Commission meets on a regular basis to fulfil its relevant responsibilities. The Office of the Urban Labour Capacity Identification Commission, which is a member of the executive branch, is responsible for the day-to-day work of the Urban Labour Capacity Identification Commission, reporting on the work of the Commission on a regular basis. Article 6 (i) Advocate, follow-up, implementation, implementation of the laws, regulations, regulations and policies relating to the identification of labour capacities in the State, the Province of Broad Orientale and the City of Shenzhen; (ii) Establish regulatory and working systems for the identification of labour capacities in the city; (iii) Managing, organizing and monitoring the identification of labour capacities; (iv) The establishment and management of the expert advisory board and the expert pool, as well as the appointment of medical experts; (v) Confirmation of labour capacity based on expert advisory boards or expert groups; (vi) Operational training for medical experts. Article 7. The expert advisory board consists of authoritative medical experts in the relevant disciplines. The expert of the expert advisory board shall have the following conditions: (i) A professionally qualified expert or a leader of a discipline with qualifications for high-level professional technical functions; (ii) A skilled knowledge of the relevant expertise identified in the labour capacity; (iii) Advantaged in good occupations; (iv) Physical health. The expert advisory board identified expert applications for health professionals in line with the above conditions and recommended by the unit in question, and was appointed by the City Labour Capacity Identification Commission. The four-year period of recruitment is open to continuing employment. Article 8 (i) To deal with suspected cases and technical problems in my city's labour capacity identification; (ii) Provision of advisory services on labour capacity identification; (iii) Working capacity to identify other matters before the Commission. Article 9 (i) A high-level professional technical function of health; (ii) A skilled knowledge of the relevant expertise identified in the labour capacity; (iii) Advantaged in good occupations; (iv) Physical health. Medical experts are requested by health professionals in accordance with the above conditions and recommended by their units, and are appointed by the Urban Labour Capacity Identification Commission. The medical expert was appointed for a two-year period, with a continuing appointment. Article 10 Medical experts perform the following duties: (i) To provide, in accordance with the provisions and standards relating to the identification of labour capacities, an objective and independent medical examination of the identified person; (ii) Medical counselling, interpretation and guidance for labour capacity identification; (iii) Assistance and participation in the identification of operational training. Article 11. The expert advisory board and the expert in the medical identification bank may receive appropriate compensation. Chapter III Identification process Section I Application and admissibility Article 12 shall apply to the Commission for the Identification of Labour Capacities due to injury to work, or to the extent specified in the following provisions: (i) Prior to the end of the medical care, a worker injury determination has been made and an application shall be made within thirty days of the medical end; (ii) A worker injury determination after the end of the medical facility shall apply within thirty days of the finding of the injury; (iii) The application for the recovery of injuries shall be made before the end of the treatment after the illness occurred. The application for a hierarchy of disability or non-workerable workers and other identification is based on the time frame specified. Article 13, after one year of the conclusion of the identification of the labour capacity, the worker or his close relatives, the unit or the social insurance agency consider changes in the situation of disability, may apply to the City Commission for a review of the labour capacity. Article 14. The applicant may entrust a lawyer or other agent with the application of a labour capability. A lawyer and other agent was entrusted with the identification of the labour capacity, and a letter of authorization should be submitted to the ICRM. Article 15. The applicant's application for identification shall complete the application form and shall provide the following material for the identification: (i) The applicant shall provide the identification person with the original and photocopy of identification; the applicant's close family relations certificate shall also be provided; the applicant shall, for the purpose of the unit, provide the approval of the document and copy of the record (Giga unitary chapter), the original and photocopy of the registrar's identity card and a copy of the unit's authorization letter of the unit (Gigacoup); (ii) A copy of the identity card of the identifier (former original); (iii) The original and photocopy of the medical clinic and a copy of the record of hospitalization or operation approved by the hospital (provided only inpatients); (iv) Original of inspection reports; (v) The original and photocopy of the disease diagnosis or occupational illness diagnosis certificate; (vi) Other material to be submitted under the laws, regulations and regulations. As a result of the work injury application for the identification of the labour capacity, the original of the work injury determination and its photocopy are required. Article 16 Labour capacity determination of the office of the Commission or the municipal labour capacity assessment body commissioned by the Commission to review, register the applicant's application and related materials, and undertake a review of the qualifications of the material on the basis of the application, which shall be accepted and sent to the labour capacity for the purpose of admissibility; the material is incomplete and shall be communicated to the applicant in writing. However, the application of Article 3, subparagraph (i), for the identification of labour capacities, should also be one of the following conditions, and the ICRM's office may be admissible: (i) The applicant or his or her immediate family shall have completed the shortest period of work injury and the relative stability of the sick; (ii) Individually requested by the user unit, the identified person shall have completed the maximum period of work injury and the relative stability of the disease. Section II Article 17 After the approval of the Commission's office, three or five relevant medical experts should be drawn from the Medical Identification Expert's pool and three or five relevant medical experts. Article 18 (i) himself is the applicant, the identifier or in the interest of the applicant, the expert and his agent; (ii) Relationship with the identification of conclusions to the detriment of them; (iii) For other reasons, it may affect the conclusion of fair identification. The medical expert has the above-mentioned circumstances of absorption, and the applicant may make a request for a waiver prior to the identification and justify the reasons. In the course of the identification process, the applicant was found to be in a situation of evasion and could be presented before the findings were made. The person who has been requested to avoid is subject to suspension of participation in the relevant identification process prior to the decision of the ICRMA. The Municipal Labour Capacity Identification Commission's request for evasion by the applicant shall take a decision in writing within three days of the date of the request. Article 19 Medical experts who cannot perform their duties because of absorption or other reasons, the Commission shall re-exploit medical experts, as provided in this approach, and shall perform the duties of a re-exclusive medical expert. Section III Identification Article 20 shall be validated by the identifier in the designated time and place; in exceptional circumstances, the applicant may submit a written application and be accredited by the ICRM. The duration of the application for extension is not calculated within the time frame for the identification of labour capacity. The identifier was considered to have been abandoned by the designated location. The applicant still needs to be identified and the request should be resubmitted in accordance with this approach. Article 21, when the expert group is validated for the identification of the identifiers, considers that the required information is not relevant or needs to be examined, treated or investigated, and the expert group should be identified as follows: (i) Inadequate information and should be communicated in writing to them and to their next time and place of identification; (ii) In order to require further inspection, the information and the results of the examination shall be communicated in writing to the user unit, the identifier or his close family within sixty days; (iii) In order to require further treatment, written notification should be made to the user's unit, the identifier or his or her close relatives for treatment within a specified period of time and, within 10 days of completion of the treatment; (iv) The Group of Experts considers it necessary to verify the information within ten working days; the survey should continue to be validated and the IPR Office should inform the next time and place of the identification in writing. Accreditation is required to supplement or require further examination, treatment, and the identifiers should supplement the information or conduct inspections, treatment, as required; the identifier has not completed the information at the specified time or the examination and treatment. The time required to supplement the information, check, treat and investigate the verification is not calculated within the time frame for the identification of labour capacities. Article 2 The duration of medical end-of-service and suspension of work was confirmed by multiple or group organs to the extent that the cost of the damaged ministry was the largest medical period, and the various damaged medical periods should not be increased. In accordance with the relevant provisions of the National, Broad Oriental and Shenzhen City, the Group of Experts validly conducts medical examinations of the licensee, submits opinions on the labour capacity and reports to the Commission on Labour Capacity in three days. The expert opinion of medical experts is incompatible with the opinion of the majority of medical experts, and the views of a few medical experts should be recorded. The expert group on medical accreditation could not form the majority of views, which were presented by the Office of the ICRM to the expert advisory board for the study, and the ICRM's identification decision based on the expert advisory opinion. The expert advisory board validated that the experts had the circumstances of the avoidance set out in article 15, paragraph 1, of the scheme and should be avoided. Article 24: The Commission shall, within sixty days of the date of receipt of the application for the identification of labour capacities, make the findings on the basis of the expert group's assessment; and, where necessary, the period for the conclusion of the identification of labour capacity may be extended by 30 days. Article 25 (i) Name of a person's unit; (ii) The name or name of the applicant; (iii) The name, gender, identity cards; (iv) Relevant provisions of national relevant provisions and standards of the medical expert review team; (v) Identification of conclusions; (vi) The non-confirmation of the possibility of applying for review or re-identification, as well as the sectors and deadlines for application for review or re-identification; (vii) The dates for the identification of conclusions. The findings of the Labour Capacity Identification Commission should be added to the public chapter of the Commission. Article 26 Article 27 errones or omissions in the concluding observations on labour capacity should be added to the ICRM; the applicant could apply to the ICPR to supplement it within thirty days of the date of receipt of the findings. Article 28 Legal effects have occurred since the date of the conclusion. Section IV Review of identification Article 29 does not apply to the Commission for the Identification of Labour Capacities, the identifiers and their close relatives for review, in accordance with the relevant provisions, within 15 days from the date of receipt of the findings. Upon receipt of a review of the labour capacity, the City Commission consists of a group of three or five relevant medical experts from the Medical Identification Expert's pool, with the assistance of qualified medical institutions, where necessary. Medical experts have the option, in conducting review of the identification, to provide for the avoidance of the circumstances under article 15, paragraph 1, and should be avoided; the applicant may make a request for avoiding and justifying the grounds. Medical experts involved in the first identification shall not be involved in the review. Other review-identification procedures, which are not expressly specified, are implemented in the light of the initial identification process established under this approach. Article 33 Uncontrajectives of the review of the Commission's review of labour capacities by the user units, the identifiers and their close relatives may apply to the Commission for the Identification of Labour Capacity in the Province of Broad Orientale, within 15 days of receipt of the findings. Chapter IV Identification of costs Article 31 The identification fee shall be paid prior to the identification. The identification fee is dedicated to the management of the income and expenditure line. Article 32 Employees who have been affected by illness or are not disabled by work may apply for a labour capacity determination, which may, in accordance with the following provisions, apply to the City Commission for the Identification of Labour Capacity for a reduction or non-exclusive fee: (i) A minimum target of living or a person receiving a unemployment insurance may apply for a non-exclusive fee; (ii) Persons who are receiving social remedies or who are subject to State-mandated preferences and settlements may apply for a reduction of identification fees due to force majeure such as natural disasters. Employees who are required to apply for work injury are identified in the circumstances indicated in the preceding paragraph and may apply for the payment of compensation. The Office of the Urban Labour Capacity Identification Commission shall, within three working days of the date of receipt of the request, decide whether to consent to a suspension, reduction or removal. Article 33 provides for the identification of workers for work injury, and for the identification of workers' employees for work injury, which is reimbursed by the work injury insurance fund as prescribed; for the unpaid workers' identification fees, paid by the user unit. The identification fee is paid by the applicant for medical or non-workable disability claims. Changes in the post-reviewed hierarchy are not incurred by the applicant; the applicant should bear the identification fee without change. Chapter V In the course of the identification, the members of the municipal labour capacity-confirmed the Commission were in favour of private fraud, bribery, abuse of duties, negligence or violations of the legitimate rights and interests of the parties, by their units or by the relevant administrative authorities; in serious circumstances, the alleged offence was transferred to the judiciary by law. Article XV Medical experts engaged in the identification of labour capacity are one of the following cases, and the ICRM should be dismissed; in the event of serious crimes, the judiciary is transferred to the judiciary by law: (i) There shall be no justification for the performance of its duties; (ii) Individually motivated and false; (iii) Violations of the principle of avoidance; (iv) The receipt of the property of the applicant, the author and his agent; (v) Other offences. Article 36 provides false material that affects the findings of the identification, which is null and void. The use of false identification findings to be mistreated by the labour security administration in accordance with the law; in serious circumstances, suspected of committing crimes and transferred to the judiciary by law. Annex VI The work injury commissioned by the labour security sector or the personnel sector directly results in the implementation of the methodology for the identification of diseases. Confirmation of the illness caused directly by work injury commissioned by the labour security sector or the personnel sector, only as a proof of work injury. Article 338 does not have a business licence or are not registered by law, the unit of the file and the licensed by the law for the suspension of the operation or the removal of the registered, reserve unit is injured by an accident or a worker who is suffering from occupational illness, or by the use of child labour by a person's unit to identify disability, death needs to be performed in the labour capacity. The cost of identification of labour capacity is paid by the unit of the employee or child labour. Article 39 The Commission shall establish the corresponding rules of work within six months of the date of implementation of the scheme. Article 40 was implemented effective 1 December 2007 and the provisional scheme for the identification of employees of the Zhenhentz Economic Zone for injury, illness, maiming and maiming (published on 6 July 1989 by the Government of the People's Government of the Shenzhen, 21 October 1993) was repealed. |
