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Harbin Unemployment Insurance Schemes

Original Language Title: 哈尔滨市失业保险办法

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(Summit 4th ordinary meeting of the Government of the Hilhama, 23 March 2007, considered the adoption of Decree No. 157 of 16 April 2007 of the People's Government Order No. 157 of 16 April 2007, effective 15 May 2007)

Chapter I General
In order to guarantee the basic life of the unemployed and to promote their re-employment, this approach is based on relevant national and provincial laws, regulations and regulations.
The second approach applies to enterprise units, social groups and non-commercial units (hereinafter referred to as the user unit) and their employees within the city's administration.
Flexible employed persons and communes, as well as their employees, may participate in unemployment insurance under the provisions of this scheme, perform payment obligations and receive unemployment insurance after unemployment.
Article III refers to persons who have been unemployed in the statutory age of labour, have a labour capacity, have no jobs and require employment and have been involved in unemployment insurance.
Article IV requires the participation of a person's unit and a worker in unemployment insurance and the fulfilment of payment obligations.
Unemployment workers have the right to be treated under the law.
Article 5 Unemployment insurance should be combined with employment services such as vocational training, vocational presentations, and encourage, support for the self-employment and voluntary organization of employment.
Article 6.
The Labour and Social Security Administration is responsible for unemployment insurance in the jurisdictions in accordance with its mandate.
The unemployment insurance agency established by the Ministry of Labour and Social Security (hereinafter referred to as the Labour Security Administration) specifically hosts unemployment insurance.
The executive branch and financial institutions, such as finance, audit, business, tax, statistics, civil affairs, should work in conjunction with the labour security administration in the area of unemployment insurance.
Chapter II Registration of unemployment insurance
Article 7.
(i) The licence of business, approval of the establishment of a document or other approval of the performance document;
(ii) A certificate of corporate codes;
(iii) Secrete and Employer Roster;
(iv) Social security registration form.
Article 8
(i) A business licence or other approval of an industrial document;
(ii) Secrete accounts and rosters of employed workers;
(iii) Social security registration form.
Flexible employment workers participate in unemployment insurance, and flexible employment certificates should be registered by the unemployment insurance agencies.
Article 9. Changes in the registration of unemployment insurance by a person's unit or obligations terminated by law shall be due to change or cancellation of registration procedures by an unemployment insurance agency within 30 days of the date of the change or termination. Prior to the processing of the cancellation of the unemployment insurance registration, the user's unit should liquidate the payable unemployment insurance and the lag.
Article 10. The registration of unemployment insurance is subject to territorial management. The registration of unemployment insurance for the cross-regional user units is determined in consultation with the agency concerned.
Chapter III
Article 11.
(i) A payment of 2 per cent of the total salary paid by the full employee of the unit over the year;
(ii) An average monthly wage of 1 per cent of the employee's personal monthly salary;
(iii) Farmery contract-based workers themselves may choose to pay or pay unemployment insurance contributions in accordance with the average monthly salary of 1 per cent of the previous year;
(iv) Individual business and industrial workers may pay unemployment insurance contributions at a monthly rate of 2 per cent of the total annual employee's salary, in accordance with 1 per cent of the average monthly salary of the previous year; and flexibilities, owners of the town and business sector may pay their unemployment insurance premiums at a monthly rate of 3 per cent of the contributions paid by themselves.
The pre-payment rate is less than 60 per cent of the average salary of the workers in the previous city or in the district (market) town unit, which is determined by 60 per cent of the average salary of the urban unit.
Flexible employment, the owners of the town and their employees are not able to determine the monthly wage standards, and the payment base is determined in accordance with 60 per cent of the average salary of the urban unit.
The average monthly wage for workers is calculated according to the National Statistics Office project for the inclusion of the total wage statistics.
Article 12 Employees who are newly involved in their work in the year are determined by their monthly salary.
The new unit of the agent was established to determine the payment base in accordance with the average salary of the employees of the previous town unit.
Article 13 does not provide for the declaration of unemployment insurance contributions to be paid in accordance with the provisions, which are temporarily determined by the unemployment insurance agency in accordance with the amount of 10 per cent of the monthly contributions paid by the agent's unit; and the amount of contributions paid in the absence of the monthly payment amount is determined in accordance with the operational status of the user unit and the number of workers. After the replacement of the declaration process by a person's unit, the unemployment insurance agency is governed by the provisions.
Article 14. The unemployment rate paid by units and workers is shown before the tax.
Article 15. The user unit and the individual of the employee shall pay the unemployment insurance at a monthly rate in monetary terms.
Employers should pay unemployment insurance contributions and be paid by the user unit.
Article 16 shall pay to the local tax sector after the approval of the unemployment insurance agency, the amount of the unemployment insurance premium shall be declared by 20 per month to the unemployment insurance agency.
Article 17
For reasons such as suspension of production and halvation, the user unit is unable to pay the unemployment insurance and shall apply to the local labour security administration for the processing of the clearance process and approve the payment period. Removal of lagging funds within the time period.
Article 18 Insolvency of a person's unit in accordance with the law, the unpaid unemployment insurance shall be liquidated in accordance with the statutory liquidation order.
Article 19 shall be subject to the supervision of the employee by making the annual unemployment insurance contribution to the employee.
The Labour Guarantees Administration, the local tax sector and the unemployment insurance agencies should have public unemployment insurance systems and provide social oversight on the collection and payment of unemployment insurance payments to social notices.
Article 20 should establish payment records, document the contributions of the user unit and the individual of the employee, and guarantee the safe and complete preservation of the payment records.
The contributory units and the contributory individuals are able to obtain payment from the unemployment insurance agencies.
Chapter IV Management of the Unemployment Insurance Fund
Article 21
(i) Leave contributions paid by a person's unit and a worker;
(ii) Interest in the Unemployment Insurance Fund;
(iii) Flags for unemployment insurance;
(iv) Financial subsidies;
(v) Other funds included in the Unemployment Insurance Fund are provided for by law, legislation and regulations.
The unemployment insurance fund is managed in an integrated manner throughout the city, with the establishment of the basic account of the unemployment insurance swing-in-funding fund by the district (market) unemployment insurance agency.
The Working Capital Fund for Unemployment Insurance was used in accordance with expenditure projects and standards of the Unemployment Insurance Fund.
In accordance with article 23, the municipal unemployment insurance scheme should be made by 10 per cent of the total paid unemployment insurance premium scheme, which is paid by the municipal financial sector to the provincial fiscal sector.
When the unemployment insurance fund is not fully used, the municipal labour security administration has applied to the provincial labour security administration for the redeployment of agents, which are still subject to the same level of finance.
Specific approaches to financial subsidies are developed by the municipal finance sector with the municipal labour security administration.
Article 24
(i) Unemployment insurance;
(ii) Medical benefits for the period of unemployment insurance;
(iii) A maternity grant for unemployment insurance payments;
(iv) The funeral grant for death during the period of unemployment insurance and the pension for the spouse, immediate family;
(v) A lump-sum benefit from the dismissal of the contract by farmers' contract-based workers;
(vi) Receives for vocational training and job presentation during the receipt of unemployment insurance payments;
(vii) Other costs related to unemployment insurance provided by States, provinces.
Article 25. The unemployment insurance premiums levied by local tax authorities should be transferred regularly to the financial sector for the unemployed insurance fund, established by financial institutions, and for income and expenditure lines management.
In accordance with the State's provisions, the unemployment insurance agency established the establishment of a dedicated capital for unemployment insurance funds and retained a certain amount of working capital.
The unemployment insurance fund provides for the purchase of State bonds or the transfer of fixed-term deposits.
Article 26 Budgets and accounts of income and expenditure of the Unemployment Insurance Fund, prepared by the unemployment insurance agency and reviewed by the Labour Security Administration for review, financial sector approval, are presented to the Government of the current rank.
Article 27 must be dedicated to the unemployment insurance fund, which must not be diverted and shall not be used for the balance of financial payments. Article 288 of the Unemployment Insurance Fund is exempted from taxation, fees according to national provisions, which may be transferred to the next year.
Article 29 Financial systems of the Unemployment Insurance Fund, accounting systems are implemented in accordance with the relevant provisions of the State and the province.
Article 33 The Labour Guarantees Administration and its affiliated unemployment insurance agencies should establish an internal audit system of the Fund.
The financial, auditing sector should enhance oversight of the income and expenditure of the unemployment insurance fund.
Article 31: The requirements of the unemployment insurance agency are included in the financial budget and are financed by the funds.
Chapter V Unemployment insurance treatment
Article III provides for unemployed persons with the following conditions, which may be granted unemployment insurance benefits:
(i) A person's unit and his or her employee, a person of the town and his or her employer, a flexible employment officer, who is participating in the unemployment insurance for more than one year and pays unemployment insurance in full;
(ii) The expiry of the labour contract and the absence of a labour contract or of other units;
(iii) The discontinuation of employment without the will of themselves;
(iv) The registration of unemployment under the provisions and the requirement for employment.
During the receipt of unemployment insurance payments, unemployed persons receive other unemployment insurance treatment as prescribed.
Article 33 Periods of unemployment insurance coverage for unemployed persons, the former employee's unit and the employee of the employee who had been in the service of the unemployment insurance for up to a maximum of 24 months, in accordance with the provision for a cumulative payment period of one year. After the re-employment of the unemployed, the time of payment was recalculated and the period for the payment of unemployment insurance payments could be combined with the previous period of unemployment insurance that had not been paid, but not more than 24 months.
Article 34 employees who participated in the work prior to 1 July 1998 calculated as the annual period of the continuing work, in accordance with the relevant provisions of the State, for the same period of time as the payment of their contributions after the introduction of the personal payment of the unemployment insurance, approved the period of payment of the unemployment insurance.
Article XV of the unemployment insurance scheme, in accordance with the principle of 20 per cent below the minimum wage of the current city, higher than the minimum standard of living security for the inhabitants of the present city, is to be implemented by the municipal labour security administration in accordance with the per capita income and per capita consumption levels.
Unemployment workers who have not yet been re-employed for the period of unemployment insurance treatment may continue to receive unemployment insurance treatment, which is 80 per cent of the original criteria after the retirement age, and ceases to receive unemployment insurance benefits, as prescribed by the provision.
During the period of unemployment insurance for unemployed persons, medical benefits may be granted by the following criteria:
(i) Less than five years of payment, 6 per cent of the unemployment insurance for himself;
(ii) Less than 10 years of payment, 8 per cent of the unemployment insurance for himself;
(iii) More than 10 years of payment, 10 per cent of its own unemployment insurance.
Incidence with severe illnesses requires hospitalization, participation in basic health insurance and after unemployment, and implementation under basic health insurance. Without participation in the basic health insurance or the suspension of the payment after the unemployment of the basic health insurance, the Labour Guarantee Administration approved by the Designated Hospital for medical treatment, reimbursable 70 per cent of the medical expenses, but the total amount does not exceed 10 months of unemployment insurance. Inpatient periods are no longer granted medical benefits by month.
Article 37 Female unemployed persons were born during the receipt of unemployment insurance, in accordance with national family planning provisions, for participation in maternity insurance, for which maternity medical expenses were executed under maternity insurance, for a one-time grant paid to their own three-month unemployment insurance.
Article 338 Deaths of unemployed persons during the receipt of unemployment insurance (other than deaths due to the offence of delinquency), and their family members can submit a funeral grant and a lump-sum pension to the Labour Security Administration on the basis of the death certificate of the unemployed person.
The funeral grant is implemented in accordance with the standard of payment for the death of a burial grant by the current employer.
A lump-sum pension is payable under the following criteria:
(i) For the benefit of one person, the unemployment insurance scheme for the 12-month period leading to death;
(ii) For the benefit of two persons, unemployment insurance for the first 18 months of life of the deceased;
(iii) For the benefit of three persons and more, the unemployment insurance scheme for the 24-month period leading to death.
The death of unemployed persons was not paid in the month of unemployment insurance, which could be received by their families.
Article 39 Employer contract-based workers who have been employed by a person's unit have worked for one year, and the owner has paid unemployment insurance contributions, and the farmers' contract-based worker has not paid himself, and the labour contract has not been determined or terminated in advance, and the unemployment insurance agency will receive a lump-sum payment of the unemployment insurance premium paid to them as a living grant.
Individuals of farmers' contracts have paid unemployment insurance contributions and have conditions under article 33, paragraph 2, of this scheme without restrictions on their own families, receive unemployment insurance under this scheme and receive unemployment insurance treatment.
Article 40 During the receipt of unemployment insurance payments, the employment of unemployed persons, in accordance with the provisions of the provision for vocational training and vocational presentations, can be treated free of charge and a payment for vocational training.
Vocational training, occupational presentation of subsidies, and in cases where unemployment insurance payments are made, 15 per cent of the total pay for unemployment insurance contributions will be used for vocational training and career presentation benefits for unemployed persons in the current year, which will be reviewed by the municipal labour security administration, and paid from the unemployment insurance fund after the review of the municipal financial sector.
Article 40 shall be promptly certified by the owner for the termination or dismissal of the unemployed person in the labour relationship and, within 10 working days of the date of termination or dismissal of the labour relationship, shall communicate the lists, archives and termination or dismissal of the unemployed person, the certificate of participation in the unemployment insurance and the payment of contributions to the city or the district (market) labour security administration.
In accordance with the law, the withdrawal and dissolution of a person's unit shall be submitted by its liquidation organization or by the competent authorities to the executive branch in the city or district (market).
Article 42 shall inform the unemployed persons of the treatment of unemployment insurance provided by law. Article 43 of the unemployment registration of unemployed persons may be carried out by a user unit or by the unemployed.
The unemployed should be registered in their own hands, and an owner's unit should be terminated or removed from the labour relations certificate to the municipal or district (market) labour security administration.
After the unemployment of flexible employed persons, job security is required to be registered and registered at the community labour security unit at the household level, and the unemployment certificate from the community is shown by the unemployment insurance agency in the area.
The unemployment insurance scheme was calculated from the date of the unemployment registration and was issued on a monthly basis.
Article 44, Municipal or district (communication) Labour Guarantees Section, provides for a notice of unemployment insurance treatment for unemployed persons who are registered as unemployed.
The unemployed persons shall receive a certificate of unemployment insurance from the notice of unemployment insurance treatment and related materials within the prescribed time period, for example, the unemployment insurance scheme at the household location.
Article 41 XV of the unemployment insurance treatment of unemployed persons who had not yet been employed for re-employment, was informed by the unemployment insurance agencies in advance of a month that the unemployed had opted for the custody of the archives of the public occupation agencies.
Article 46 relocates the worker in the same area as in the area of integration and cross-cutting areas.
The unemployment insurance relationship and the treatment of unemployment insurance that it deserves are transferred in line with the provisions and are transferred in the second month of relocation, with the issuance and management of the eviction insurance agencies. Funds for unemployment insurance treatment that need to be transferred include unemployment insurance payments, medical grants and vocational training, occupational introduction subsidies. Of these, medical benefits (including monthly medical grants) and vocational training, occupational introduction benefits are calculated at 50 per cent of the total unemployment insurance benefits to be enjoyed by the unemployed.
Article 47 provides for unemployment insurance for unemployed persons, which is managed by their families' street offices or by the Government of the Town.
Article 48 Eighteen unemployed persons are eligible for retirement conditions in accordance with the State's provision for retirement insurance payments, and they are submitted by the unemployment insurance agency for the processing of retirement approval procedures, while transferring the files of unemployed persons to the old-age insurance agency.
Article 49 of the unemployment insurance scheme was one of the following cases during which unemployed persons received unemployment insurance payments and stopped receiving other unemployment insurance treatment:
(i) Reemployment;
(ii) The recruitment of military service;
(iii) Transmission;
(iv) Access to basic old-age insurance treatment;
(v) Execution or rehabilitation of a sentenced person;
(vi) The absence of free vocational training in the labour security sector within six months of the absence of a justification for unemployment, or the continuous denial of access to the designated sectors or institutions of the local people's government;
(vii) Other cases provided for by law, regulations.
Chapter VI Legal responsibility
Article 50 does not pay for unemployment insurance contributions at the time of payment, which is made by the local tax authorities for a period of time and has been outstanding, with the addition of the contributions outstanding, and from the date of the contributory payment, garage of 2 per 1,000 per 1,000 per 1,000 per 1,000 per 1,000 per 1,000 per day, and the lag fund is incorporated into the unemployment insurance fund.
Article 50 states that, during the receipt of the unemployment insurance scheme, the unemployment insurance was one of the conditions set out in article 49 of the scheme, and that the unemployment insurance agency should immediately inform the executive of labour security, the Labour Guarantee Administration, in accordance with its decision to put an end to the treatment of unemployment insurance, deceives the unemployment insurance pension to the unemployed, which was returned by the agency responsible for the unemployment insurance and, in serious circumstances, be fined by the Labour Guarantee Administration for more than three times the amount.
Article 52 does not provide for payment of unemployment insurance contributions or the transfer of archives to unemployed persons in a timely manner, resulting in the inability of unemployed persons to receive unemployment insurance treatment or affect their re-employment, and the use of the unit should compensate for the economic losses resulting from the unemployed.
Article 53 consists of one of the following acts, the time limit for labour guarantees to the executive branch is changing; serious circumstances are fined by more than 1 million dollars in the year 2000; and legal accountability:
(i) Constraints, vouchers or payment certificates;
(ii) Condition of facts, false reports, false testimony, or hidden, destructive evidence;
(iii) To reject the provision of information relating to the situation of persons, the salary scale, the financial statements;
(iv) To reject the implementation of the inspection of the executive branch of labour security or of the deadline for the change of instructions.
Article 54 guarantees one of the actions of the executive branch and the staff of the unemployment insurance institutions, which are administratively disposed of by the labour security administration, corrective action; causing the loss of the unemployment insurance fund, recovery; and legal accountability:
(i) The denial of the process of registration of unemployment insurance to eligible units or the suspension of the approval process, in the event of serious circumstances;
(ii) Enabling or reducing the number and proportion of contributions for unemployment insurance;
(iii) The loss of the unemployment insurance fund resulting from the introduction of unemployment insurance payments for non-employed persons or other unemployment insurance treatment documents;
(iv) The provision of unemployment insurance and other related costs, in accordance with the provisions, is serious;
(v) Abuse of authority, in favour of private fraud, and incentivism, resulting in loss of the unemployment insurance fund.
Article 55, for misappropriation and forfeiture of the unemployment insurance fund, was recovered by the Labour Guarantee Executive Order, which was transferred and was stopped by the unemployment insurance fund; there was a violation of the proceeds of confiscation and incorporated into the unemployment insurance fund; constituted criminal liability by law; was not a crime; and was not criminalized by law and administratively disposed of directly responsible personnel.
Article 56 does not determine administrative penalties and may apply for administrative review or administrative proceedings in accordance with the law.
Article 57 may apply to arbitration by a competent labour dispute arbitration committee for the purpose of paying for unemployment insurance and disputes with the user's unit. Individuals or entities may sue the People's Court within 15 days of the date of receipt of an arbitral award.
The use of fines and the treatment of fines are carried out in accordance with the relevant provisions of the State and the province.
Chapter VII
Article 59 The unemployment insurance scheme of the city of Hara, issued by the Government of the city on 26 August 2004, was repealed.