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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(On March 20, 2007 Gansu Province Government 97th times Executive Conference considered through on April 8, 2007 Gansu Province Government makes 35th, announced since announced of day up purposes) Gansu Province Government decided on Gansu province implementation straddling unemployment insurance Ordinance approach for following modified: a, and first article modified for: "to guarantees unemployment personnel unemployment during of basic life, promote its re-employment, according to State unemployment insurance Ordinance and about legal regulations, combined this province actual, developed this approach. "Second, the second additional paragraph, as a fourth paragraph:" unemployed persons mentioned in this article, refers to the ability to work of our workers, in accordance with these measures during the implementation of paid unemployment insurance obligations, unemployed people registered with the unemployment by Convention. "Three, the second paragraph of article is revised as follows:" labor and social security administration departments at all levels to set up unemployment insurance agencies in the unemployment insurance work. Unemployment insurance premium collected by the local tax authorities. "Four, fourth, sixth paragraph is amended as:" unemployment insurance premium paid by enterprises to pay before income tax expenses; in operating expenses would be covered by institution; fully funded by the financial institution, the required funds into the budget, individual pay unemployment insurance premiums deducted in calculating the tax base. "Five, add one, as the article fifth:" unemployment insurance agencies should establish the individual payment records to ensure that individual payment records are clear, accurate, complete and safe. Payment of workers, unemployed persons have the right to query the insurance premium has been paid. The query I paid unemployment insurance premiums, unemployment insurance agencies should give answer in a timely manner. "Six, fifth to sixth, and be amended as:" the unemployment insurance fund, State Coordinator. "Seven, sixth to seventh, modified to:" establish a provincial adjustment funds of unemployment insurance system.
    Each city state 6%-10% the above annual collection of unemployment insurance premium, to the provincial adjustment funds of unemployment insurance fund on financial account solution. Each city state unemployment insurance fund is no longer enough, to the provincial labor and social security administration departments, financial departments of the province to apply for transfers, after examination and approval from provincial transfers part of the adjustment funds of unemployment insurance and the rest, State financial subsidies, by co-ordinating; provincial adjustment funds of unemployment insurance is no longer enough, financially subsidized by the province. "Eight, and increased a article, as eighth article:" unemployment insurance fund for following spending: (a) unemployment insurance; (ii) received unemployment insurance during of medical grant, and birth grant; (three) received unemployment insurance during normal death of unemployment personnel of funeral grant and pension, and its dependent of spouse, and immediate family of life difficult subventions; (four) received unemployment insurance during accept career training, and career introduced of subsidies; (five) town Enterprise institutions enrollment with of farmers contract workers lifted And termination of labour relations of a one-off living allowance; (f) the approval of the State Council and the provincial government or other costs associated with unemployment insurance and Reemployment.
    "Nine, by deleting the seventh article. Ten, add one, as the Nineth: "unemployment insurance agencies should receive unemployment insurance formalities within 15th of its unemployment insurance check. For unemployed persons in receipt of unemployment insurance benefits, approved it and the period of receiving unemployment insurance compensation standards.
    "Third, eighth to tenth and amended as:" the unemployed in receipt of unemployment insurance benefits, should meet the following conditions: (a) shall go through unemployment insurance, unit and I had to meet their financial obligations for one year pursuant to the provisions of (ii) the employment of non-interrupted their own willingness; (c) undergone unemployment registration and have requested new jobs.
    The unemployed during the period of receiving unemployment insurance compensation, in accordance with the regulations as well as enjoy other unemployment insurance benefits. Not mentioned in this article because of my willingness to interrupt employment refers to terminate labor contracts; be termination of labor contract by employers to dismiss or remove; its second to third under labour law 32nd with employer terminates the labor contract; otherwise provided by the laws and administrative regulations.
    "12, and tenth article to 12th article, modified for:" town Enterprise institutions and workers terminated, and lifted labor relationship or work relationship Hou, should timely to unemployment personnel issued terminated, and lifted labor relationship of proved, told its according to provides enjoy unemployment insurance treatment of right, and will unemployment personnel of list, and archives, information since terminated, and lifted labor relationship of day up 30th within reported unemployment insurance handling institutions record.
    Workers in urban enterprises and institutions of unemployment, should issue a termination, termination of labor relations or working relationship within 60 days from the date of its proof, the workers ' unemployment insurance Handbook, and personal identity cards and photos without hat, to the unemployment insurance institution or employment service agencies go through the registration formalities. Is released or released from prison, where work units and individuals according to the provisions of the unemployment insurance payment obligations, can be back within 60 days from the date of domicile, in accordance with the regulations to the insured unemployment insurance agency registration procedures for unemployment, or the employment services and unemployment insurance claim. "13, the addition of an article, as the 13th:" unemployment insurance benefits since the date on which the register with the unemployment. Unemployment insurance monthly payments. Can be issued directly by the unemployment insurance agency, or by the unemployment insurance agencies issuing documents to receive unemployment insurance benefits for the unemployed, to designated banks to collect unemployment insurance benefits. "14, and 11th article to 14th article, modified for:" unemployment personnel unemployment Qian where units and I according to provides cumulative payment time full 1 years insufficient 5 years of, received unemployment insurance of term most long for 12 months; cumulative payment time full 5 years insufficient 10 years of, received unemployment insurance of term most long for 18 months; cumulative payment time full 10 years above of, received unemployment insurance of term most long for 24 months. After the re-employment, unemployed again, payment time is recalculated, the period of receiving unemployment insurance compensation and previously unemployed shall receive and have not yet collected unemployment insurance period of consolidation, but shall not exceed 24 months. "Article XV, 12th to 15th and amended as:" the 60–80% of the unemployment insurance benefits by the local minimum wage calculation. Unemployment insurance specific standards agreed by the provincial people's Government, later published by the administrative departments of labor security. "Article 16, 13th to 16th and amended as:" the unemployed during the period of receiving unemployment insurance compensation to medical benefits, lump sum, monthly unemployment insurance.
    Specific criteria by the administrative departments of labor security under the province's unemployment insurance adjustment adjust the release. Did not participate in the medical insurance or broken health insurance the risk of serious illness requiring hospitalization, the unemployment insurance agency agreed, according to hospital medical 70% grant, subsidy amounts not exceeding in the aggregate sum I would have received unemployment insurance benefits. "17, add one, as the 17th" female unemployed receive unemployment insurance benefits during maternity, in line with the provisions of the national family planning, you can apply for unemployment insurance for 3 months with the same maternity benefits. "Section 18, 14th to 18th and amended as:" the normal death of unemployed during the period of receiving unemployment insurance compensation, lump-sum payment of funeral grants and pensions. Conditions with their immediate family, unemployed workers receive unemployment insurance before his death, according to support a 4-month 1, support 2 human hair 8 months, feed 3 people or more difficult 12 months provided a one-time grant of subsistence allowance. Specific standards by employees over the same period non-fatal funeral grant, pensions standards.
    "Article 19, 15th to 19th and amended as:" the unemployed during the period of unemployment, free a professional designated by the administrative departments of labor security training organization of vocational training free a professional designated by the administrative departments of labor security agencies the employment activities of the organization. Vocational training institutions provide free job training for unemployed persons subsidized by national and provincial regulations on; employment agencies provide free job placement for the unemployed, according to the actual number of successful realization of re-employment to subsidize specific national and provincial criteria according to the relevant regulations. Vocational training bodies and employment agencies armed with training unemployed persons lists, certificates of completion, the Trade Union unemployment insurance Handbook and presentation of list of people achieving reemployment of unemployed persons, and employer labor contracts, the workers ' unemployment insurance Handbook data, unemployment insurance agencies to apply for subsidies. When the unemployment insurance agency will audit summary, reported the Ministry of finance to allocate funds. "20, add one, as the 20th:" unemployed during the period of receiving unemployment insurance compensation is allowed to operate private enterprises, self-employed or self employment, business license and other certification, and can receive their remaining term unemployment insurance. "Article 21, 16th to 21st, amended to read:" migrant contract workers of urban enterprises and institutions completed 1 year of continuous service, the unit and has paid unemployment insurance premiums, labor contract expires without renewal or termination of the labor contract in advance may be made to unemployment insurance agencies to apply for a one-time living subsidy. For the term of the grant are: completed 1 year of continuous service less than 2 years, 2 months living allowance; 2 years and 3 years of age, 3-month living allowance; 3 years and 4 years of age, 4 months living allowance; 4 and 5 years of age, 5-month living allowance; more than 5 years, 6-month living allowance. Subsidies by unemployment insurance plan.
    "22, by deleting article 17th.
    23, by deleting article 18th.
    24, by deleting article 19th.
    25, by deleting article 20th.
    26, the addition of an article, as the 22nd: "unemployment insurance workers transform cross-integrated cities in the province or transfers of labor relations, unemployment insurance transferable; workers into unemployment, its moving out of contribution times should be merged with the new unemployment insurance payment calculation.
    Unemployed persons unemployment insurance after the transition boundaries, their standard of unemployment insurance benefits, according to the new standards. Unemployment insurance relationships across the transition boundaries in the province, according to the relevant State provisions. "27, an article shall be added, as the 23rd article:" urban enterprises and institutions are not required to participate in unemployment insurance premium and payment of unemployment insurance, the unemployed cannot receive unemployment insurance benefits according to law, shall be liable for compensation criteria for the unemployed person shall receive unemployment insurance benefits total or a one-time living subsidy twice. "28, and increased a article, as 24th article:" town Enterprise institutions not by provides participate in unemployment insurance and paid and generation buckle generation paid unemployment premium of, by labor guarantees administrative sector ordered deadline corrected; late not modified of, on units main head and other directly responsibility personnel respectively sentenced 1000 Yuan following fine, and according to each has one by against workers on units sentenced 1000 Yuan fine, highest not over 30,000 yuan. "29, addition of an article, as the article 25th:" training institutions, employment agencies to false, deception and other means of obtaining vocational training and employment subsidies, the administrative departments of labor security ordered to refund the illegal income and imposed illegal gains more than 1 time penalty of 3 times, up to 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law. "30, and increased a article, as 26th article:" financial sector, and labor guarantees administrative sector, and place tax organ and the unemployment insurance handling institutions of staff has following behavior one of of, according to duties Division, by about organ ordered corrected; plot serious of, law give administrative sanctions; to unemployment personnel caused loss of, law compensation; constitute crime of, law held criminal: (a) violation provides to unemployment personnel issued received unemployment insurance or enjoy other unemployment insurance treatment single card, Led unemployment insurance fund loss of; (ii) abuse, and engages in, and negligence, caused unemployment insurance fund loss of; (three) not by provides Shang solutions, and allocated unemployment insurance transfers gold of; (four) misappropriated, and corruption unemployment insurance fund or violation fund management provides, caused Fund loss of; (five) refused to for meet conditions of town Enterprise institutions and workers handle unemployment insurance procedures of; (six) not law perform duties, not by provides to unemployment personnel unemployment insurance treatment of. "31, an article shall be added, as the 27th:" within the administrative area of the province of state labor contract with workers, registered with the Civil Affairs Department of civil organizations as well as other economic organization, the staff, the provincial (municipal and district) in sweet body of uninsured workers in unemployment insurance, according to the implementation of these measures. "Article 32, 21st to 28th, amended to read:" these measures as of the date of promulgation.
    "In addition, under the provisions of this decision on the part of the text be amended accordingly and the provisions of the order shall be adjusted accordingly.
    This decision shall come into force as of the date of.

    Measures for the implementation of the unemployment insurance regulations, in Gansu province, corresponding amendments shall be made according to this decision, republished. Attached: Gansu province implementation unemployment insurance Ordinance approach (2007 amendment this) (on November 27, 2000 Gansu Province Government makes 11th, announced according to on March 20, 2007 Gansu Province Government 97th times Executive Conference Gansu Province Government on modified straddling Gansu province implementation straddling unemployment insurance Ordinance approach of decided Amendment) first article to guarantees unemployment personnel unemployment during of basic life, promote its re-employment, according to State unemployment insurance Ordinance and about legal regulations,
    Combined with the facts of the province, these measures are formulated.
    Article workers in urban enterprises and institutions and in the administrative area of the province in accordance with the regulations, insurance premium has been paid.
    Urban enterprises and institutions in accordance with the regulations of the unemployed, receiving unemployment insurance benefits.
    Urban enterprise mentioned in this article, refers to state-owned enterprises, collective enterprises, foreign-invested enterprises, urban private enterprises as well as other towns.
    Unemployed persons mentioned in this article, refers to the ability to work of our workers, in accordance with these measures during the implementation of paid unemployment insurance obligations, unemployed people registered with the unemployment by Convention. Third provincial labor and social security administrative departments of the province's unemployment insurance work.
    City, State, County, city administrative departments of labor security under the unemployment insurance work within their respective administrative areas. Labor and social security administration departments at all levels to set up unemployment insurance agencies in the unemployment insurance work.
    Unemployment insurance premium collected by the local tax authorities.
    Fourth article paid unemployment premium proportion: (a) State-owned enterprise, and town collective enterprise, and institutions and town private and the other town enterprise by this units workers payroll of 2% paid; (ii) Hong Kong, and o, and Taiwanese investment enterprise by non-Hong Kong, and o, and Taiwan and non-foreign nationality workers payroll of 2% paid; (three) foreign investment enterprise by China workers payroll of 2% paid; (four) workers personal by I payroll of 1% paid.
    Migrant contract workers of urban enterprises and institutions with I do not pay unemployment insurance premiums.
    Unemployment insurance premium paid by enterprises to pay before income tax expenses; in operating expenses would be covered by institution; fully funded by the financial institution, the required funds into the budget, individual pay unemployment insurance premiums deducted in calculating the tax base.
    Fifth unemployment insurance agencies should establish the individual payment records to ensure that individual payment records are clear, accurate, complete and safe. Payment of workers, unemployed persons have the right to query the insurance premium has been paid.
    The query I paid unemployment insurance premiums, unemployment insurance agencies should give answer in a timely manner.
    Article sixth of an unemployment insurance fund, State Coordinator. The seventh provincial adjustment funds of unemployment insurance system.
    Each city state 6%-10% the above annual collection of unemployment insurance premium, to the provincial adjustment funds of unemployment insurance fund on financial account solution.
    Each city state unemployment insurance fund is no longer enough, to the provincial labor and social security administration departments, financial departments of the province to apply for transfers, after examination and approval from provincial transfers part of the adjustment funds of unemployment insurance and the rest, State financial subsidies, by co-ordinating; provincial adjustment funds of unemployment insurance is no longer enough, financially subsidized by the province. Eighth article unemployment insurance fund for following spending: (a) unemployment insurance; (ii) received unemployment insurance during of medical grant, and birth grant; (three) received unemployment insurance during normal death of unemployment personnel of funeral grant and pension, and its dependent of spouse, and immediate family of life difficult subventions; (four) received unemployment insurance during accept career training, and career introduced of subsidies; (five) town Enterprise institutions enrollment with of farmers contract workers lifted, and
    After the termination of the labour relationship of one-off living allowance; (f) the approval of the State Council and the provincial government or other costs associated with unemployment insurance and Reemployment. Nineth unemployment insurance agencies should be since the date of receiving unemployment insurance formalities in the 15th to check their unemployment insurance.
    For unemployed persons in receipt of unemployment insurance benefits, approved it and the period of receiving unemployment insurance compensation standards.
    Tenth unemployed in receipt of unemployment insurance benefits, should meet the following conditions: (a) shall go through unemployment insurance, unit and I had to meet their financial obligations for one year pursuant to the provisions of (ii) the employment of non-interrupted their own willingness; (c) undergone unemployment registration and have requested new jobs.
    The unemployed during the period of receiving unemployment insurance compensation, in accordance with the regulations as well as enjoy other unemployment insurance benefits.
    Not mentioned in this article because of my willingness to interrupt employment refers to terminate labor contracts; be termination of labor contract by employers to dismiss or remove; its second to third under labour law 32nd with employer terminates the labor contract; otherwise provided by the laws and administrative regulations.
    11th the unemployed during the period of receiving unemployment insurance compensation under any of the following circumstances, ceased to receive unemployment insurance benefits, as well as enjoy other unemployment insurance benefits.
    (A) again employment of; (ii) recruitment military service of; (three) moved outside of; (four) enjoy basic pension insurance treatment of; (five) was sentenced prison implementation or was reeducation-through-labor of; (six) no due reason, 3 times refused to accept local government specified of sector or institutions introduced of work of; (seven) has legal regulations provides of other case of.
    12th workers in urban enterprises and institutions and terminate, termination of labor relations or work relationship, should be available to unemployed person proof of termination, termination of labor relations, informed of his right to receive unemployment insurance benefits pursuant to the provisions, and the unemployed list, archives and other information from the end, termination of labor relations within 30th of unemployment insurance filings.
    Workers in urban enterprises and institutions of unemployment, should issue a termination, termination of labor relations or working relationship within 60 days from the date of its proof, the workers ' unemployment insurance Handbook, and personal identity cards and photos without hat, to the unemployment insurance institution or employment service agencies go through the registration formalities.
    Is released or released from prison, where work units and individuals according to the provisions of the unemployment insurance payment obligations, can be back within 60 days from the date of domicile, in accordance with the regulations to the insured unemployment insurance agency registration procedures for unemployment, or the employment services and unemployment insurance claim. The 13th date of unemployment insurance unemployment registration since. Unemployment insurance monthly payments.
    Can be issued directly by the unemployment insurance agency, or by the unemployment insurance agencies issuing documents to receive unemployment insurance benefits for the unemployed, to designated banks to collect unemployment insurance benefits. 14th article unemployment personnel unemployment Qian where units and I according to provides cumulative payment time full 1 years insufficient 5 years of, received unemployment insurance of term most long for 12 months; cumulative payment time full 5 years insufficient 10 years of, received unemployment insurance of term most long for 18 months; cumulative payment time full 10 years above of, received unemployment insurance of term most long for 24 months.
    After the re-employment, unemployed again, payment time is recalculated, the period of receiving unemployment insurance compensation and previously unemployed shall receive and have not yet collected unemployment insurance period of consolidation, but shall not exceed 24 months. 15th 60–80% of the unemployment insurance benefits by the local minimum wage calculation.
    Unemployment insurance specific standards agreed by the provincial people's Government, later published by the administrative departments of labor security. 16th the unemployed during the period of receiving unemployment insurance compensation to medical benefits, lump sum, monthly unemployment insurance.
    Specific criteria by the administrative departments of labor security under the province's unemployment insurance adjustment adjust the release.
    Did not participate in the medical insurance or broken health insurance the risk of serious illness requiring hospitalization, the unemployment insurance agency agreed, according to hospital medical 70% grant, subsidy amounts not exceeding in the aggregate sum I would have received unemployment insurance benefits.
    17th female unemployed receive unemployment insurance benefits during maternity, in line with the provisions of the national family planning, you can apply for unemployment insurance for 3 months with the same maternity benefits. 18th the unemployed during the period of receiving unemployment insurance compensation of premature death, a one-time payment of funeral grants and pensions. Conditions with their immediate family, unemployed workers receive unemployment insurance before his death, according to support a 4-month 1, support 2 human hair 8 months, feed 3 people or more difficult 12 months provided a one-time grant of subsistence allowance.
    Specific standards by employees over the same period non-fatal funeral grant, pensions standards.
    19th the unemployed during the period of unemployment, free a professional designated by the administrative departments of labor security training organization of vocational training free a professional designated by the administrative departments of labor security agencies the employment activities of the organization. Vocational training institutions provide free job training for unemployed persons subsidized by national and provincial regulations on; employment agencies provide free job placement for the unemployed, according to the actual number of successful realization of re-employment to subsidize specific national and provincial criteria according to the relevant regulations. Vocational training bodies and employment agencies armed with training unemployed persons lists, certificates of completion, the Trade Union unemployment insurance Handbook and presentation of list of people achieving reemployment of unemployed persons, and employer labor contracts, the workers ' unemployment insurance Handbook data, unemployment insurance agencies to apply for subsidies.
    When the unemployment insurance agency will audit summary, reported the Ministry of finance to allocate funds.
    20th the unemployed during the period of receiving unemployment insurance compensation is allowed to operate private enterprises, self-employed or self employment, business license and other certification, and can receive the residual period of unemployment insurance. 21st urban enterprises and institutions with the migrant contract workers who completed 1 year of continuous service, the unit and has paid unemployment insurance premiums, labor contract expires without renewal or termination of the labor contract in advance may be made to unemployment insurance agencies to apply for a one-time living subsidy. For the term of the grant are: completed 1 year of continuous service less than 2 years, 2 months living allowance; 2 years and 3 years of age, 3-month living allowance; 3 years and 4 years of age, 4 months living allowance; 4 and 5 years of age, 5-month living allowance; more than 5 years, 6-month living allowance.
    Subsidies by unemployment insurance plan.
    22nd to participate in unemployment insurance for workers in the province overall, State jobs or transfer labor relations, unemployment insurance transferable; workers into unemployment, its moving out of contribution times should be merged with the new unemployment insurance payment calculation.
    Unemployed persons unemployment insurance after the transition boundaries, their standard of unemployment insurance benefits, according to the new standards.
    Unemployment insurance relationships across the transition boundaries in the province, according to the relevant State provisions.
    23rd urban enterprises and institutions are not required to participate in unemployment insurance and payment of unemployment insurance premiums, resulting in unemployment no unemployment insurance benefits in accordance with law, shall be liable for compensation criteria for the unemployed person shall receive unemployment insurance benefits total or a one-time living subsidy twice.
    24th urban enterprises and institutions are not required to participate in the unemployment insurance, and pay and withholding of unemployment insurance premium, the administrative departments of labor security rectification; fails to change, unit primarily responsible and other persons directly responsible were fined 1000 Yuan fine, and each one aggrieved workers fined fined 1000 Yuan, up to 30,000 yuan.
    25th training institutions, employment agencies with false, deception and other means of obtaining vocational training and employment subsidies, the administrative departments of labor security ordered to refund the illegal income and imposed illegal gains more than 1 time penalty of 3 times, up to 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law. 26th article financial sector, and labor guarantees administrative sector, and place tax organ and the unemployment insurance handling institutions of staff has following behavior one of of, according to duties Division, by about organ ordered corrected; plot serious of, law give administrative sanctions; to unemployment personnel caused loss of, law compensation; constitute crime of, law held criminal: (a) violation provides to unemployment personnel issued received unemployment insurance or enjoy other unemployment insurance treatment single card, led unemployment insurance fund loss of; (ii) abuse
    , And engages in, and negligence, caused unemployment insurance fund loss of; (three) not by provides Shang solutions, and allocated unemployment insurance transfers gold of; (four) misappropriated, and corruption unemployment insurance fund or violation fund management provides, caused Fund loss of; (five) refused to for meet conditions of town Enterprise institutions and workers handle unemployment insurance procedures of; (six) not law perform duties, not by provides to unemployment personnel unemployment insurance treatment of.
    The 27th article of the organs within the administrative area of the province's labour contract workers registered with the Civil Affairs Department and the civil society organizations and other economic organizations of staff and provincial agencies in Gan of uninsured workers in unemployment insurance, according to the implementation of these measures.
        28th article this way as of the date of promulgation.