Measures Of Guangxi Zhuang Autonomous Region, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 广西壮族自治区实施《工伤保险条例》办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(November 10, 2006 the people's Government of Guangxi Zhuang Autonomous Region at the 52nd Executive meeting on November 27, 2006, the people's Government of Guangxi Zhuang Autonomous Region promulgated as of January 1, 2007, 18th) Chapter I General provisions article I-implementation of the work-related injury insurance regulations of the State Council, these measures are formulated.
    Second autonomous region within the administrative area of all types of enterprises, employees of individual businesses, and does not belong to the financial allocations to support range or no recurrent funding of public institutions and social organizations, foundations, private non-enterprise units (hereinafter called the employer) shall participate in work-related injury insurance for all workers or employees and hired personnel of this unit (including migrant workers, hereinafter referred to as workers) pay a fee for work-related injury insurance.
    Third of labor and social security administration departments at or above the county level shall be responsible for industrial injury insurance work within their respective administrative regions.
    Labor and social security administrative departments of the social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
    Fourth relevant functional departments of the Government should be in work-related injury insurance work within their respective mandates.
    Fifth people's Governments above the county level shall develop vocational rehabilitation and rehabilitation help for work-disabled employees, which adapt so that it can engage in physical work.
    Chapter II, article sixth of the work injury insurance fund the work injury insurance fund consists of the following components: (a) the employer to pay industrial injury insurance, (ii) industrial injury insurance fund's interest; (c) the work injury insurance, late fees; (iv) social contributions, (v) other funds.
    Seventh work injury insurance fund in the city divided into districts implement the city's overall plan, specific measures shall be prescribed separately.
    Eighth employer to pay industrial injury insurance premium calculation formula: employers to pay employees ' wages in work injury insurance amount = the contribution rate x units.
    Employer workers ' wages cannot be ascertained, employers pay a fee for work-related injury insurance amount = overall annual urban units and workers on monthly salary x number of employees contribution rate x units of the unit.
    Nineth and manpower agencies determine the employer contribution rates for the first time, should be produced according to the employing unit shall be registered within the scope corresponding to the industry rate brackets determined cross-industry production and operation, according to their highest risk rate brackets determine within the industry for the industry.
    Article tenth work injury certification fees and laws and regulations for work-related injury insurance, other expenses may be paid in workers ' compensation insurance fund. 11th and manpower areas in accordance with the current month is imposed by the work injury insurance fund total 12% drawing on the reserve.
    Reserves for a major accident work injury insurance benefits paid.
    Chapter III industrial injury 12th ascertainment by the location of the employer's administrative departments of labor security.
    Ascertainment of jurisdiction dispute, jurisdiction specified by the administrative departments of labor security of the autonomous region.
    Article 13th work injury certification application shall submit the application form for work-related injury certification, employee, and employer labor relations (including the fact labor relationship) documentary and medical diagnosis or the occupational disease certificate (or certificate of diagnosis of occupational disease). Has following case one of of, also should submitted corresponding of proved material: (a) by accident hurt of, submitted police organ of proved, and Court of judgement or other effective proved; (ii) for work out during, due to work reasons by hurt of, submitted police organ proved or other effective proved; occurred accident unaccounted for needed finds for workers death of, submitted Court declared death of legal instruments; (three) by motor vehicle accident hurt of, submitted police organ traffic management sector of proved ; Not belongs to police organ traffic management sector processing of, submitted related sector of proved; (four) in work time and work post, burst disease death or in 48 hours within by rescue invalid death of, submitted medical institutions of rescue records and death proved; (five) in rescue relief, maintenance national interests, and public interests activities in the by hurt of, submitted incident to County above Government about sector issued of effective proved; (six) belongs to for war, and for public wounded disability of retired soldiers, old injury recurrence of, submitted
    Disabled revolutionary certificates and medical institutions for diagnosis of injury recurrence; (VII) laws, regulations, rules and regulations of other supporting materials. 14th administrative departments of labor security after receiving a work-related injury certification request shall be made within the 7th's decision to accept or not to accept.
    Inadmissible, it shall inform the applicant in writing and state the reasons.
    Applicant provides incomplete material, labour and social security administrative departments shall spot or within 3rd once inform all applicants need to supplement in writing material.
    15th after the administrative departments of labor security accepts applications for work injury certification, across co-ordinating investigation and verification, by the local labor and social security administration departments to carry out investigation to verify.
    16th the employer bears the burden of proof according to law, employers shall, upon receipt of proof of the administrative departments of labor security notice within the time provided in the quote; employers refuse to burden of proof, administrative departments of labor security in accordance with the injured employee shall make the ascertainment of evidence to provide conclusions.
    17th administrative departments of Labor Security accepted work-related injury certification must be based on the judiciary, administrative bodies or based on the conclusions of the relevant departments, not subject to 60 days of age limit for work injury certification decision, but shall advise the applicant in writing. Fourth chapter labor capacity identification 18th article labor capacity identification Committee bear following identification or confirmed work: (a) injury workers of labor capacity identification; (ii) dependent relatives of labor capacity identification; (three) workers for disease or non-for workers disability of labor capacity identification; (four) injury workers other disease with injury of causal relationship of confirmed; (five) configuration, and replaced auxiliary apparatus of confirmed; (six) extended shutdown left paid period of confirmed; (seven) injury workers old injury recurrence of confirmed; (eight) rehabilitation
    Confirmation of the treatment time and (IX) other entrusted work competency expertise or confirmation.
    19th work competency expertise on the Committee set up in the labour and social security administrative departments at offices, the daily work of the Identification Commission is responsible for the ability to work.
    20th article labor capacity identification by employing units, and workers or its immediate family to set district of city level labor capacity identification Committee proposed application, and submitted following corresponding material: (a) injury finds decided book; (ii) was experts identity proved; (three) identification dependent relatives labor capacity of, submitted death workers and dependent relatives relationship proved; (four) signed service agreement of medical institutions issued of disease diagnosis proved; (five) occupational diagnosis proved or occupational diagnosis identification conclusion;
    (F) the relevant medical history and medical examination conclusions; (VII) and the ability to work related to the identification of other materials.
    21st article injury workers of labor capacity identification fee according to following provides bear: (a) participate in injury insurance of, by handling institutions from injury insurance fund in the paid, arrears injury premium of by employing units bear; (ii) again identification or review identification change original identification conclusion of, by handling institutions from injury insurance fund in the paid, no change original identification conclusion of by application people bear; (three) not participate in injury insurance of, by employing units bear.
    Work competency expertise on standards developed by the prices, jointly with relevant departments of the autonomous region. Fifth chapter work injury insurance benefits article 22nd injured workers because of daily life or employment needs to be installed to configure assistive devices should be recommended by the medical institutions of the agreement, confirmed by the labour assessment Committee, to assistive devices configured for work-related injury insurance services agreement between mounting configuration. The assistive devices should be configured using popular products in the domestic market, requirements in accordance with national and State standards set by the work injury insurance fund.
    Injured workers choose a different product, universal part higher costs, paid by the individual. Article 23rd shutdown leaves salaries for injured workers, injured workers in accordance with national and autonomous region shutdown leaves related to salary regulations.
    Employers or workers on lay-off disagrees with the pay period, to the District of the municipal labour assessment Committee for confirmation. Article 24th five to six injured workers ' own employer rescission or termination of labor relations, between seven and ten injured workers ' labor contract termination or my termination of labor contract, paid by the employer in accordance with the following provisions one-time injury medical benefits and disability employment grant, termination of work-related injury insurance: (a) a one-time injury medical benefit.
    In terms of wages for Base: 18 months five disabled, six rounds of 16 month disability, seven-14 months disabled, eight rounds of 12 month disability, 10 months nine levels of disability, ten rounds of 8 month disability. (B) a one-time disability employment grant.
    In terms of wages for Base: 16 months five disability, 14 months six levels of disability, seven-12 months disabled, grade 10 months disabled, nine rounds of 8 month disability, ten 6 month disability.
    25th employee who died in, their immediate family members receive a one-time death benefit on the overall area of the standard for 54 months annual urban units monthly average wage of fully employed staff. 26th article application enjoy dependent relatives pension of, should to handling institutions submitted following material: (a) for workers death workers of injury finds decided book; (ii) dependent relationship of identity proved file; (three) dependent relatives where of township government, and subdistrict offices issued of economic status proved; (four) No labor capacity of dependent relatives, submitted set district of city labor capacity identification Committee made of labor capacity identification conclusion; (five) dependent relatives for raised parents, and raised children of, Submit certificate or other valid certificates; (vi) dependent relatives of the widowed or orphaned, submit proof of the Civil Affairs Department; (VII) other related material.

    27th injured workers identified by the labor review, grade changes, review the conclusions of the month, according to new levels to enjoy appropriate treatment of work-related injury insurance.
    28th injured workers, dependent relatives changes in conditions of work-related injury insurance benefits, employers, injured workers or dependent relatives shall report 30th Agency, agencies from the month of changes relating to revision of work-related injury insurance benefits.
    Workers whose whereabouts are unknown or reappear after being declared dead shall be refunded according to the work-related injury insurance regulations receive 39th article treatment of employees who die in work injury insurance fees.
    Article 29th disability allowance, dependent relative pension, life care fees by the administrative departments of labor security in accordance with the co-ordination last year urban unit on-the-job workers the average wage growth rate and adjust basic old-age insurance, and submitted to the labor and social security administration departments of the autonomous region. 30th article employing units was law revoked, and dissolved, and bankruptcy, and cancellation of, injury insurance fee and the injury insurance treatment according to following provides processing: (a) a level to four level disability workers of disability allowance, and life nursing fee, and old injury recurrence medical of costs, by Shang annual actual spending standard of 1.3 times times calculation, one-time allocated 10 years of costs to handling institutions, by handling institutions is responsible for management and issued.
    Four levels to disabled workers in line with the provision of basic medical insurance premiums shall be paid by the employer once allocated to agencies, into the basic medical insurance fund.
    (B) five to ten injured workers ' by the original employer pays a one-time injury medical benefits and disability employment grant, termination of work-related injury insurance.
    (C) the workers support relatives in fatal pensions calculated according to standard 1.2 times last year actual expenditures, reservation costs to the pooling area residents ' average life expectancy (dependent relatives of employees under 18 years of age in fatal, reserved to the age of 18), by the original employer a one-time allocation to the Agency, by the agencies responsible for the management and distribution.
    31st Unit Division, merger, transfer, injured workers are not transferred to the successors, work injury insurance and work injury insurance benefits in accordance with the provisions of article 30th. Article 32nd staff employment of two or more employers at the same time, the employer shall pay industrial injury insurance, respectively.
    Employee work-related injuries, injury unit for employment injury insurance the employer.
    Article 33rd contracted operation of the employer, the contractor is subject qualification of the production and business operation entities, employee work-related injuries, the contractor for the work-related injury insurance responsibilities employer; contract does not have the subject qualification of the labor organizations and natural persons, the organisation or natural person employing workers injured at work, employer as a work-related injury insurance liability with employers. 34th the employer's legal residence and place of operation is not in the same pooling area, legal residence to participate in workers ' compensation insurance or to participate in the production and operation of work-related injury insurance.
    Employees of an accidental injury or occupational disease, in the participate in work-related injury insurance to handle the work injury certification and work competency expertise.
    Employee accident injury or an occupational disease, for which the employer fails to apply for work-related injury insurance, work-related injury certification and work competency expertise in production and operation management.
    35th Central Government in Guangxi, autonomous units directly under the workers ' compensation insurance to participate in State level planning.
    Article 36th employers injured workers sustained injuries during the insurance, work injury insurance by the employer in accordance with the provisions of standard projects and pay for the treatment.
    Sixth chapter supplementary articles article 37th of the work-related injury insurance regulations prior to the implementation of the work-related injuries treatment and disposal, in accordance with the relevant provisions of the State and the autonomous communities. 38th article of the rules implemented on January 1, 2007.
                                                                                              December 1, 1994 people's Government of Guangxi Zhuang Autonomous Region, the 9th Guangxi Zhuang Autonomous Region, work-related injury insurance for enterprise employees promulgated interim measures be repealed simultaneously.