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Gansu Province Gansu Provincial People's Government On The Revision Of The Decision Of The Measures For The Implementation Of The Unemployment Insurance Regulations

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

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(Adopted at the 97th ordinary meeting of the Government of the Grand province on 20 March 2007, No. 35 of 8 April 2007 by the People's Government Order No. 35 of 8 April 2007 on the date of publication)

The Government of the Grand province has decided to amend the Gang Province's approach to implementing the Unemployment Insurance Regulations as follows:
Article 1 amends to read: “To guarantee basic life during the unemployment of unemployed persons, to promote their re-employment and to develop this approach in line with the State Department's unemployment insurance regulations and relevant laws and regulations”.
Article 2, paragraph 2, adds to paragraph 4: “The unemployed persons referred to in this article refer to workers of age with a labour capacity to fulfil their obligations to pay unemployment insurance payments during the period under review, and those who are registered as unemployed as required”.
Article 3, paragraph 2, was amended to read: “The unemployment insurance scheme established by the executive branch at all levels of labour guarantees takes place specifically in the area of unemployment insurance. Unemployment insurance is charged by local tax authorities.”
Article 4, paragraph 6, was amended to read: “Emergencies paid by enterprises are charged before the payment of income tax revenues; the unit is charged in the cost of the cause; the funds required are included in the financial budget by the unit of the cause allocated in full financial terms; and the unemployment insurance contributions paid by individuals are deducted in the calculation of the tax base”.
Article 5: “The unemployment insurance institution shall establish a record of the personal contributions of the employee and ensure that the personal contributions record is clear, accurate and complete and safe. Revenue workers and unemployed persons have the right to access their unemployment insurance contributions. The unemployment insurance agencies should respond in a timely manner to check the payment of their unemployment insurance contributions.”
Article 5 should be replaced with Article 6 as follows: “The unemployment insurance fund is integrated at the municipal level”.
Article 6 was replaced with Article 7, with the following modifications: “Towards a system of provincial unemployment insurance premiums. 6-10 per cent of the unemployment insurance premiums collected in the municipalities over the years, distributing funds to the capitals of the unemployment insurance fund in the province.
Where the unemployment insurance funds in the municipalities are not fully used, they may apply to the provincial labour security administration, the provincial fiscal sector, with the consent of the review, to a part of the provincial unemployment insurance premiums, which are partially subsidized by the integrated city State's finances, and the provincial unemployment insurance premiums are not fully used and are subsidized by provincial finances.”
Article 8: “The unemployment insurance fund shall be used as follows:
(i) Unemployment insurance;
(ii) Medical grants and maternity benefits for the period of unemployment insurance payments;
(iii) funeral benefits and pension payments for unemployed persons who were normally killed during the unemployment insurance pension, as well as for their feeding spouses, immediate family members;
(iv) Benefits for vocational training and career presentations during the receipt of unemployment insurance payments;
(v) Employer contract-based workers recruited by the Town Enterprise Unit to lift and terminate the lump-sum benefit of labour relations;
(vi) Other costs related to unemployment insurance, re-employment are specified or approved by the State Department, the provincial government.”
Article 7.
Article 9: “The unemployment insurance institution shall review its unemployment insurance status within 15 days of the date of receipt of the unemployment insurance scheme. For unemployed persons with unemployment insurance benefits, they are authorized to receive unemployment insurance payments and standards.”
Paragraphs Page
(i) In accordance with the provision for participation in unemployment insurance, the unit and himself have fulfilled the payment obligations 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.
This article refers to the termination of labour contracts by virtue of his or her will; the dismissal and removal of labour contracts by an agent's unit; the dismissal of labour contracts in accordance with article 32, paragraphs 2, 3 and 3 of the Labour Code; and the dismissal of labour contracts in accordance with the provisions of law, administrative legislation and regulations.”
Article 12 and X should be amended to read as follows: “In the case of termination, dismissal of labour relations or working relations between the urban enterprise unit and the employee, the certificate of termination, dismissal of labour relations shall be communicated to the unemployed in a timely manner to the extent that it is provided for the right to receive unemployment insurance treatment, and the names, archives, etc. of the unemployed, shall be reported to the unemployment insurance institution within 30 days of termination, removal of labour relations.
After the loss of the worker's employees in the town enterprise unit, it shall be held within 60 days of the date of the termination of the unit, the dissolution of the labour relationship or the proof of working relations, the Staff Unemployment Insurance Manual, his own identification card and photographs, and to the unemployment insurance agency or the employment service agency for the registration of unemployment.
A person who has been dismissed or sentenced to imprisonment or who performs the obligation to pay for unemployment insurance in accordance with the provisions of this scheme may, within 60 days of the date of return to the place of origin of the home, be subject to the provisions of this scheme, to the employment insurance agency or employment service agency for the registration of unemployment and unemployment insurance payments.”
In addition, article 13 reads as follows: “The unemployment insurance is calculated from the date of the unemployment registration. The unemployment insurance is granted by month. Jobs may be issued directly by the unemployment insurance agency or by the unemployment insurance agency as a document of the unemployment insurance scheme for the unemployed, to the designated bank receive unemployment insurance payments.”
In addition, article 11 had been changed to article 14 to read as follows: “The unit before the unemployment of the unemployed and the person had paid less than five years for the period of unemployment insurance coverage for a period of up to 12 months in accordance with the provision for a cumulative payment period of less than 10 years; the cumulative pay period for unemployment insurance payments for up to 18 months; the cumulative pay for more than 10 years and the maximum period for unemployment insurance was 24 months. After re-employment, the payment period was recalculated, and the period for the payment of unemployment insurance payments could be combined with the previous period of unemployment insurance payments that had not been paid but not more than 24 months for the long term.”
Articles 15, 12 should be replaced with article 15, with amendments to read as follows: “The unemployment insurance pays 60-80 per cent of the local minimum wage. The specific payment criteria for the unemployment insurance are published by the provincial labour security administration, with the consent of the provincial people's government.”
Articles 16, 13 and 16 were amended to read as follows: “The unemployed persons are granted medical benefits during the receipt of unemployment insurance payments, are used in a tandem and are paid in monthly unemployment insurance. Specific criteria are made available by the provincial labour security administration in accordance with the adjustment of the unemployment insurance scheme across the province.
In the absence of medical insurance or the suspension of medical insurance for severe illnesses requires inpatient treatment, and with the consent of the unemployment insurance, the grant is paid by 70 per cent of the hospital fee, but the amount of the grant shall not exceed the sum of the unemployment insurance payable to him.”
Article 17: “A female unemployed persons may apply for a three-month maternity grant equal to the unemployment insurance scheme in accordance with national family planning provisions during the period of unemployment insurance payments.”
Article 18 was replaced with article 18 with the amendment to read as follows: “The unemployed are normally killed during the payment of unemployment insurance payments and a one-time funeral and pension. In the case of an immediate family who meets the conditions for feeding, the unemployment insurance scheme was paid for a period of four months in advance of the life of the unemployed, for a period of eight months for the benefit of two persons for a one-time provision for a 12-month period for the benefit of three persons. Specific criteria are implemented in accordance with the death burial grant for active workers and the standard of pension payments.
In the case of unemployment, article 15 was replaced with Article 19, with amendments to read as follows: “A unemployed person may participate free of charge in a vocational training organized by a professional training agency designated by the Labour Guarantee Administration; free of charge in a career presentation organized by a professional representation body designated by the Labour Security Administration.
The benefits of free employment training provided by vocational training institutions are implemented in accordance with the relevant provisions of both the State and the province; job descriptions provide free vocational briefings for unemployed persons, paying benefits for successful re-employment, and specific standards are implemented in accordance with the relevant provisions of the State and the province. The list of unemployed persons trained by vocational training institutions and vocational information agencies, the closing of the business certificate, the Employer Unemployment Insurance Manual and the list of persons employed for re-employment by unemployed persons, the labour contract signed with the user unit, the Employer Unemployment Insurance Manual, apply for subsidies to the unemployment insurance agencies. After a summary of the review process, the unemployment insurance agency will report on the funds allocated by the financial sector.”
As article 20, adds to article 20: “The unemployed persons are allowed to start private businesses, engage in personal operations or organize their own employment during the payment of unemployment insurance payments, and may receive a lump-sum unemployment insurance pension on a one-time basis from the licence of business and other valid certificates”.
Articles 16 were replaced with Article 21, which reads as follows: The grant was paid for a period of up to two years of continuous work, for a period of up to 2 months, for a three-month period of life, up from two years to three years; for a four-month life allowance for up to four years; for a five-month life allowance; and for more than five years, for a six-month life allowance. The allowance rate is calculated at the unemployment insurance rate.
Article 17 was deleted.
Twenty-third, delete article 18.
Twenty-four, delete article 19.
25, delete article 20.
In addition, article 22 reads as follows: “A worker participating in the unemployment insurance shall be charged with changing or transferring labour relations within the province of an integrated urban State, resulting in the transfer of unemployment insurance relations, and the relocation of a worker to the place of employment, and the payment of his/her contribution to the relocation area shall be calculated in conjunction with the relocation of the time paid for unemployment insurance.
After the relocation of the unemployment insurance relationship between the unemployed, the criteria for the treatment of unemployment insurance enjoyed are implemented in accordance with the criteria for relocation.
The unemployment insurance relationship transcends across provinces and is implemented in accordance with the relevant provisions of the State.”
Article XVII.
Article XVIII is added as article 24: “The unit of the Town Enterprise does not participate in the unemployment insurance as prescribed and pay and deduct unemployment insurance, which is converted by the Labour Guarantee Executive Order period; is fined to the principal head of the unit and other direct responsibilities by 1000 dollars, respectively, and is fined to the unit of 1000, up to 30,000 dollars, in accordance with each of the injured workers.
Twenty-ninth, an increase of article 25: “The training institutions, job descriptions are deceptive of vocational training subsidies and occupational introduction subsidies by means of false, deceived, etc., and are returned to the proceeds of the violation by the Labour Guarantees Executive Order for a period of more than three times the proceeds of the conflict, up to $30,000, constituting crimes, and criminal liability by law”.
Article 30 and increase as article 26: “The financial sector, the labour security administration, the local tax authority and the staff of the unemployment insurance institutions are one of the following acts, which are to be converted by the responsible organ in accordance with the division of duties; in the event of severe administrative disposition by law; compensation for losses incurred by the unemployed; and criminal liability by law:
(i) The loss of the unemployment insurance fund, in violation of the provision of unemployment insurance payments to unemployed persons or other unemployment insurance treatment documents;
(ii) Abuse of authority, provocative fraud and malfunctioning, resulting in loss of the unemployment insurance fund;
(iii) The provision of unemployment insurance premiums, as prescribed;
(iv) Disadvantaged, corrupted unemployment insurance funds or violations of the Fund's management provisions, resulting in loss of funds;
(v) To deny the process of unemployment insurance for eligible town enterprise units and workers;
(vi) Non-compliance with the law and non-provisional treatment of unemployment insurance for unemployed persons.”
In addition, article 27 reads as follows: “Work contract workers in State organs within the province, civil society organizations registered in the civil affairs sector and other economic organizations, unemployed insurance for non-insecuted practitioners in the external provinces (markets, areas) in Gangger institutions are implemented in accordance with this approach.”
Article 122, 21 was replaced with article 28, which reads as follows:
In addition, in accordance with this decision, the wording of part of the provisions is modified accordingly and adjusted accordingly.
This decision is implemented since the date of publication.
The Gang province's approach to implementing the Unemployment Insurance Regulations was re-published in accordance with the decision.

Annex: Gang Province's approach to implementing the Unemployment Insurance Regulations (Amendments of 2007)
(Act No. 11 of the Order of the Government of the Grand province of 27 November 2000 on the basis of a decision of the 97th ordinary meeting of the People's Government of Gangong Province on 20 March 2007 to amend the Decision of the Government of the Grand province to amend the implementation of the unemployment insurance regulations in the province)
In order to guarantee the basic life of the unemployed and to promote their re-employment, this approach is based on the State Department's Unemployment Insurance Regulations and the relevant laws and regulations.
Article 2
The unemployed persons in the town's business unit are treated with unemployment insurance under this scheme.
This article refers to State-owned enterprises, towns and collective enterprises, out-of-business investments, urban private enterprises and other town enterprises.
The present article refers to workers who have the labour capacity to perform the obligation to pay unemployment insurance payments during their work, and to persons who are registered for unemployment as provided for in the present scheme.
Article 3 The Government of the People's Government of the city, the municipality of the city is responsible for unemployment insurance in the current administration.
Unemployment insurance, established by the executive branch at all levels, is vested in the unemployment insurance. Unemployment insurance is charged by local tax authorities.
Article IV Proportion of contributions to unemployment:
(i) Payments made by State-owned enterprises, urban collective enterprises, business units and urban private enterprises and other town enterprises on the basis of 2 per cent of the total number of employees in this unit;
(ii) Payments made by a total of 2 per cent of the total salary of the port, Macao, ward and non-exclusive national workers in Port-au-Prince;
(iii) Foreign-investment enterprises are paid by 2 per cent of the total salary of secondary workers;
(iv) Individuals of workers are paid by 1 per cent of their total salary.
Farmers' contract-making workers recruited by the Town Enterprise Unit do not pay unemployment insurance.
The unemployment insurance contributions paid by the enterprise are charged before the payment of the income tax; the unit of the cause is charged at the expense of the cause; the funds required are included in the financial budget by the unit of the cause allocated in full financial terms; and the unemployment rate paid by the individual is deducted in the calculation of the tax base.
Article 5 Unemployment insurance institutions should establish personal pay records for workers and ensure that personal contributions are clear, accurate, preserved and safe.
Revenue workers and unemployed persons have the right to access their unemployment insurance contributions. The unemployment insurance agencies should respond in a timely manner to check the payment of their unemployment insurance contributions.
Article 6. The unemployment insurance fund is integrated at the municipal level.
Article 7 establishes a provincial unemployment insurance adjustment system. 6-10 per cent of the unemployment insurance premiums collected in the municipalities over the years, distributing funds to the capitals of the unemployment insurance fund in the province.
Where the unemployment insurance fund is not used in the municipalities, it may apply to the provincial labour security administration, the provincial fiscal sector, with the consent of the review, to a part of the provincial unemployment insurance premiums, which are partially subsidized by the integrated city State's finances; and provincial unemployment insurance premiums are not fully used and are subsidized by provincial finances.
Article 8
(i) Unemployment insurance;
(ii) Medical grants and maternity benefits for the period of unemployment insurance payments;
(iii) funeral benefits and pension payments for unemployed persons who were normally killed during the unemployment insurance pension, as well as for their feeding spouses, immediate family members;
(iv) Benefits for vocational training and career presentations during the receipt of unemployment insurance payments;
(v) Employer contract-based workers recruited by the Town Enterprise Unit to lift and terminate the lump-sum benefit of labour relations;
(vi) Other costs related to unemployment insurance and re-employment are specified or approved by the State Department, the provincial government.
Article 9. The unemployment insurance agency shall review its unemployment insurance status within 15 days of the date of receipt of the unemployment insurance scheme. For unemployed persons with unemployment insurance benefits, they are authorized to receive unemployment insurance payments and standards.
Article 10 Persons who receive unemployment insurance shall be provided with the following conditions:
(i) In accordance with the provision for participation in unemployment insurance, the unit and himself have fulfilled the payment obligations 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.
This article states that employment is not interrupted by the will of the person concerned, which refers to termination of the labour contract by law; dismissal by the user unit and removal of the labour contract; dismissal of the labour contract in accordance with article 32, paragraphs 2, 3 and 6, of the Labour Code; and legal, administrative regulations.
Article 11. The unemployed persons have one of the following conditions during the payment of the unemployment insurance, which stops the receipt of unemployment insurance payments, while at the same time stops 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) There is no justification for three refusal to accept the work of the designated departments or agencies of the local people's Government;
(vii) Other cases provided for by law.
Article 12. When the enterprise unit of the town terminates with the employee, removes labour relations or work relations, it shall be communicated to the unemployed in a timely manner the certificate of termination, removal of labour relations, to the extent that it provides for the enjoyment of the right to unemployment insurance and to provide information, such as the list of unemployed persons, the archives, for the period 30 days from the date of termination, removal of labour relations.
After the loss of the worker's employees in the town enterprise unit, it shall be held within 60 days of the date of the termination of the unit, the dissolution of the labour relationship or the proof of working relations, the Staff Unemployment Insurance Manual, his own identification card and photographs, and to the unemployment insurance agency or the employment service agency for the registration of unemployment.
A person who has been dismissed or sentenced to imprisonment has fulfilled his or her obligation to pay for unemployment insurance in accordance with the provisions of this scheme, within 60 days of the date of return to the place of origin of the home, is subject to the provisions of this scheme for the registration of unemployment and unemployment insurance payments by the insurance agency or the employment service agency.
Article 13. The unemployment insurance scheme is calculated from the date of the unemployment registration. The unemployment insurance is granted by month. Jobs may be issued directly by the unemployment insurance agency or by the unemployment insurance agency to obtain a certificate of unemployment insurance for the unemployed, to the designated bank.
Article 14. The unit before the unemployment of the unemployed and the person who has paid less than five years in accordance with the provisions for the cumulative payment of the unemployment insurance pension for a period of up to 12 months; the cumulative payment period for a period of less than five years has been 18 months; the cumulative payment period for unemployment insurance has been up to a maximum of 24 months. After re-employment, the payment period was recalculated and the unemployment insurance payment period could be combined with the previous unemployment insurance period that had not been paid, but not more than 24 months.
Article 15. Unemployment insurance payments are made by 60-80 per cent of the local minimum wage. The specific payment criteria for the unemployment insurance are published by the provincial labour security administration, with the consent of the Government.
Article 16 Unemployment workers are granted medical benefits during the payment of unemployment insurance payments and are used in a tandem with the unemployment insurance. Specific criteria are made available by the provincial labour security administration in accordance with the adjustment of the unemployment insurance scheme across the province.
In the absence of medical insurance or the suspension of medical treatment for severe illnesses, the unemployment insurance was granted, with the consent of the unemployment insurance agency, by 70 per cent of the hospitalization rate, but the amount of the grant was accumulated not exceeding the total amount of the unemployment insurance payable to him.
Article 17 Female unemployed persons have been born during the period of unemployment insurance, in accordance with national family planning provisions and may apply for a three-month maternity grant equal to the unemployment insurance scheme.
Article 18 The unemployed persons were routinely killed during the payment of the unemployment insurance and a one-time funeral grant and pension. In the case of an immediate family who meets the conditions for feeding, the unemployment insurance scheme was paid for a period of four months in advance of the life of the unemployed, for a period of eight months for the benefit of two persons for a one-time provision for a 12-month period for the benefit of three persons. Specific criteria are implemented in accordance with the death burial grant for non-worker workers during the same period.
Article 19 unemployed persons may participate, free of charge, in a vocational training organized by a professional training agency designated by the labour security administration during an unemployment period; they may participate free of charge in a career presentation organized by the labour security administration.
The benefits of free employment training provided by vocational training institutions are implemented in accordance with the relevant provisions of both the State and the province; job descriptions provide free vocational briefings for unemployed persons, paying benefits for successful re-employment, and specific standards are implemented in accordance with the relevant provisions of the State and the province. The list of unemployed persons trained by vocational training institutions and vocational information agencies, the closing of the business certificate, the Employer Unemployment Insurance Manual and the list of persons employed for re-employment by unemployed persons, the labour contract signed with the user unit, the Employer Unemployment Insurance Manual, apply for subsidies to the unemployment insurance agencies. After a summary of the review process, the unemployment insurance agencies will provide for the provision of funds in the financial sector.
Article 20 allows unemployed persons to start private businesses, engage in personal operations or organize their own employment during the receipt of the unemployment insurance scheme, and to receive a lump-sum unemployment insurance for a one-time period of time.
Article 21 Employer contract-making workers recruited by the Town Enterprise Unit for a continuing period of one year, the unit has paid unemployment insurance contributions and the labour contract has expired or was terminated in advance. A lump-sum payment can be made to the unemployment insurance agency. The grant was paid for a period of up to two years of continuous work, for a period of up to 2 months, for a three-month period of life, up from two years to three years; for a four-month life allowance for up to four years; for a five-month life allowance; and for more than five years, for a six-month life allowance. The allowance rate is based on the unemployment insurance rate.
Article 22 Employees who participate in unemployment insurance transcend work or transfer labour relations within the province, and the unemployment insurance relationship has been transferred; the worker's unemployment in the place of relocation should be computed at the time of relocation.
After the relocation of the unemployment insurance relationship between the unemployed, the criteria for the treatment of unemployment insurance enjoyed are implemented in accordance with the criteria for relocation.
The unemployment insurance relationship transcends across provinces and is implemented in accordance with the relevant national provisions.
Article 23. Town enterprise units are not allowed to participate in unemployment insurance and to pay unemployment insurance contributions, resulting in the inability of unemployed persons to receive unemployment insurance treatment under the law, and should be liable for compensation for two times the unemployment insurance or one-time subsistence allowance for the unemployed.
Article 24
Article 25 Training institutions, job descriptions, which are used by false, deceived, to deceive the benefits of vocational training and occupational presentations, are returned to the proceeds of the violation by the Labour Security Administration for a period of time, with a fine of more than three times the proceeds of the conflict, up to 30,000 dollars, constituting a crime, and criminal responsibility under the law.
Article 26
(i) The loss of the unemployment insurance fund, in violation of the provision of unemployment insurance payments to unemployed persons or other unemployment insurance treatment documents;
(ii) Abuse of authority, provocative fraud and malfunctioning, resulting in loss of the unemployment insurance fund;
(iii) The provision of unemployment insurance premiums, as prescribed;
(iv) Disadvantaged, corrupted unemployment insurance funds or violations of the Fund's management provisions, resulting in loss of funds;
(v) To deny the process of unemployment insurance for eligible town enterprise units and workers;
(vi) Non-compliance with the law and the treatment of unemployment insurance for unemployed persons.
Article 27 Labour contract workers in State organs within the province's executive region, staff of civil society organizations registered in the civil affairs sector and other economic organizations, unemployment insurance for non-insecuted practitioners in external provinces in Gang, are implemented in accordance with this approach.
The twenty-eighth approach is implemented since the date of publication.