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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

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(Summit of the 52th ordinary meeting of the People's Government of the Great Britain and Northern Ireland, 10 November 2006 to consider the adoption of Decree No. 18 of 27 November 2006 of the People's Government Order No. 18 of the Greater Self-Government Zone, which came into force on 1 January 2007)

Chapter I General
Article 1 establishes this approach for the implementation of the State Department's Work injury Insurance Regulations.
Article 2
Article 3
The Social Insurance Agency established by the Labour Security Administration (hereinafter referred to as the Office of the Ombudsman) conducts specific work injury insurance.
The relevant functions of the Government shall be subject to work injury insurance within their respective responsibilities.
Article 5 Governments of more people at the district level should develop career rehabilitation and help to rehabilitate workers with disabilities and enable them to work in line with physical conditions.
Chapter II Work injury insurance fund
Article 6
(i) Employees' insurance contributions;
(ii) The interest of the work injury insurance fund;
(iii) Lower-in-kind contributions for work injury insurance;
(iv) Social contributions;
(v) Other funds.
Article 7. Labour injury insurance funds are integrated throughout the city in which they are established.
Article 8
The amount of contributions paid by the user unit to the work injury insurance rate = the total salary of the employee of the unit X rate.
The total number of employees of the user unit is difficult to determine, and the number of employees in the previous year's town unit pays the amount of the employee's contribution to the work injury is paid by the user unit.
Article 9. When an integrated regional office determines for the first time the user unit pays, it shall be determined on the basis of an industrial in-house rate corresponding to the scope of production registered by the user unit in accordance with the law; the operation of the industry shall be determined at the expense of the industry in which it corresponds.
Article 10
Article 11. Emerging reserves are based on 12 per cent of the total collected by the Workers and Injuries Insurance Fund during the month. The reserve is paid for work injury insurance treatment for major accidents.
Chapter III
Article 12. Labour injury is determined to be governed by the executive branch at the location of the unit.
Disputes arise with regard to the determination of jurisdiction for work injury and are designated by the executive branch of the self-government.
Article 13 provides for work injury determinations and shall be submitted to the worker's injury determination sheets, proof of labour relations between the employee and the user's unit, including the de facto labour relationship, or medical diagnostic certificates (or occupational illness diagnosis).
In one of the following cases, the corresponding documentation should also be submitted:
(i) Be accidental injury, to be submitted to public security authorities, to the judgement of the People's Court or to other effective evidence;
(ii) Submission of evidence or other valid proof by the public security authorities due to the injury caused by the work outside of the work; the whereabouts of the accident are unknown to the People's Court of Justice for death;
(iii) Be harmed by motor vehicle accidents, to be submitted to the public security authorities' traffic management certificate, which is not dealt with by the transport management of public security authorities, and to submit proof of the relevant sector;
(iv) In working hours and jobs, sudden disease deaths or unavoidable deaths within 48 hours are submitted to health-care institutions for the collection and death certificate;
(v) Be harmed in the maintenance of national interests, public interest activities, such as disaster relief, by submitting effective evidence from the relevant sectors of the Government of the people of the affected areas of the affected location;
(vi) Retired military personnel who are victims of war, public injury and death, who have been revicted, submitted to the Mediator of the Revolution and the medical agencies' diagnostic certificates of recovery;
(vii) Other evidence materials provided for in laws, regulations and regulations.
Article 14. The Labour Security Administration shall, upon receipt of the employment injury determination request, make a decision to be admissible or inadmissible within 7 days. Inadmissibility, the applicant should be informed and justified in writing.
The applicant provided the material incompleteness, and the labour security administration should inform the applicant of the full material needed to be added in writing at the time or within 3 days.
Article 15. When the labour security administration receives a claim for work injury, it requires an integrated regional survey verification, which can be delegated to the local labour security administration to investigate.
Article 16 shall be subject to the burden of proof by a person's unit and the person's unit shall provide evidence within the prescribed time period after receipt of a letter of proof from the labour security administration; the owner's unit rejects the evidence, the labour security administration may make a finding based on the evidence provided by the injured worker in accordance with the law.
Article 17 Labour guarantees that the executive branch accepts that work injury must be based on the findings of the judiciary, the executive branch or the relevant sector, without limitation of the period of time for the determination of industrial injury within 60 days, but that the applicant should be informed in writing.
Chapter IV
Article 18
(i) The labour capacity of workers injured;
(ii) Identification of the labour capacity of the breadwinner;
(iii) Employability of workers for illness or non-worker disability;
(iv) Recognition of other illnesses of workers and the causes and consequences of their work;
(v) Confirmation of the configuration, replacement of the subsidiary body;
(vi) Reconfirmation of the duration of the suspension;
(vii) Reconfirmation of the injury of workers;
(viii) Recognition of the time of rehabilitation;
(ix) Other mandated labour capacities are identified or confirmed.
Article 19 The Labour Capacity Identification Commission established an office of the same labour security administration responsible for the regular work of the Commission.
Article 20
(i) The determination of the decision;
(ii) Accreditation;
(iii) Identification of working capacity for the raising of family members and submission of evidence of the relationship between the death and the dependent family;
(iv) A disease diagnosis certificate from medical institutions that enter into service agreements;
(v) The diagnosis of occupational diseases or the findings of the diagnosis of occupational diseases;
(vi) Relevant medical and medical findings;
(vii) Other material relevant to the identification of labour capacities.
Article 21
(i) Participation in work injury insurance, which is paid from the work injury insurance fund by the executing agency and which is owed by the user unit;
(ii) Reconfirm or review the findings of the change of the original identification, which are paid by the executing agency from the work injury insurance fund and that the applicant has not changed the original findings;
(iii) No work injury insurance is covered by the user unit.
The criteria for the identification of labour capacity are developed by the self-government sector.
Chapter V
Article 2, paragraph 2, requires that workers be installed with a constituency for their daily lives or employment needs, shall be recommended by an agreement medical body and, with the confirmation by the Labour Capacity Identification Commission, be installed by a subsidiary body that enters into a work injury insurance service agreement. The auxiliary equipment should be used for the use of universal products in domestic markets, and the costs are paid by the work injury insurance fund in accordance with the standards established in the national and autonomous areas. Employers have opted for other types of products, with a high cost of universal access, paid by individuals.
Article 23. The period of suspension of work for workers and injured workers shall be implemented in accordance with the relevant provisions for the duration of the employee's suspension of work. A person's unit or a worker contested the duration of the stay of work and applied the confirmation to the Commission for the identification of municipal labour capacity in the area.
In accordance with article 24, paragraphs 5 to 6, disabled workers are terminated or terminated their labour relations with the user's unit, between seven and ten disabled workers' labour contracts or by the user's unit to pay a lump-sum medical grant and disability employment grant under the following provisions:
(i) A one-time work injury medical benefits. Based on his salary, the five-tiered disability was released for 18 months, the six-grade disability was 16 months, the seven-phase disability was issued 14 months, the eight-month period, the nine-year disability-related, and the 10-month period for the 10-year period.
(ii) One-time disability employment grant. On the basis of his salary, 16 months were given to five disability, 14 months for six-grade disability, 12 months for seven-grade disability, 10 months for eight-year-old disability, 8 months for nine-year-old disability, and 6 months for 10 disability.
Article 25. Staff members die from work and their immediate family members receive a one-time work surviving allowance standard of an average monthly salary for the first-year town unit in the area of integration of 54 months.
Article 26 shall apply for the benefit of an extended family and shall submit the following material to the institution of the organization:
(i) Decisions on the basis of worker injury;
(ii) The identity of the supporting relationship;
(iii) The economic situation shown by the commune of the commune of the relatives and by the street offices;
(iv) For the benefit of relatives without labour capacity, the findings of the Labour Capacity Identification Commission presented to the establishment area;
(v) For foster relatives to foster parents, foster their children, submit public certificates or other effective certificates;
(vi) A certificate submitted to the civil affairs sector for the purpose of raising relatives as unaccompanied or orphaned persons;
(vii) Other relevant materials.
Article 27 examines the labour capacity and changes in the level of disability from the month of the conclusion of the review, with the benefit of the corresponding work injury insurance at the new level.
Article 28 Changes in the conditions for work injury workers, for foster relatives to be treated with work injury insurance, and the person's unit, the worker or the dependent family shall report the institution within 30 days and the agency shall adjust the work injury insurance to the next month of change in conditions.
The employee's whereabouts are unknown or recurred after the declaration of death and shall be returned to the cost of insurance treatment for workers who have been paid as a result of death under article 39 of the Work injury insurance regulations.
Article 29, Disability benefits, benefits for raising relatives, living care expenses are adjusted by the Integrated Area Labour Guarantee Administration in line with the average wage growth rate of the employee in the current integrated area and the basic old-age insurance, as well as by the Labour Security Administration in the self-government area.
Article 33 Emissions, dissolution, insolvency, cancellation of work injury insurance and work injury insurance treatment under the law:
(i) The disability allowance at the level to four levels, the cost of living care, and the cost of medical repayment of medical expenses, calculated at 1.3 times the actual expenditure rate in the previous year, the cost of a one-year lump sum is to the institution responsible for the management and issuance of the institution. At the level to the fourth level of disabled workers shall be transferred to the office in accordance with the integrated regional provisions for a one-time payment of basic health insurance fees paid by the original user unit to be incorporated into the basic health insurance fund.
(ii) V-10 disabled workers, who are paid by the former person's unit for a one-time medical injury and disability employment benefits under the terms of the provision for termination of the working injury insurance relationship.
(iii) As a result of the worker's contribution to the raising of a family pension, the retention rate is calculated at 1.2 times the actual expenditure rate of the previous year, to the average life expectancy of the resident in the integrated area (as a result of the death of the worker for the raising of his or her family at the age of 18 years, to the age of 18 years), and is administered and issued by the office of the former agent unit for one-time assignment to the office.
Article 31 quantification, consolidation, transfer, non-exploitation of work injury workers to the successor unit, and the treatment of work injury insurance and work injury insurance is carried out in accordance with article 30 of this scheme.
Article 32 employs the worker at the same time as the two user units, and the person's unit shall pay the worker's injury contributions separately. Employers were injured, and workers were injured by a unit responsible for work injury insurance.
Article 33 operates by a contractor's unit and is owned by the contractor as a result of a production unit of the subject matter of the work, the employee has been injured and the contractor is the agent of the liability for work injury insurance; the contractor is contracted to an organization that does not have the qualifications of the subject matter of the work or to a natural person, or the organization or a worker who has been employed by a natural person.
Article 34 of the statutory residence of the user unit does not operate in the same area and participates in the work injury insurance in the statutory place or in the workplace. Employers have suffered accidents or suffered occupational illnesses, and work injury determinations and labour capacity identification are conducted in workplace injury insurance settings.
Employers have suffered accidents or suffered occupational illnesses, and the person's unit has not been able to carry out their work injury insurance, and the worker's capacity is identified as operating in the productive area.
Article XV Insurance for work injury insurance in the immediate units of the Central Seoul Unit, the autonomous zone is integrated into the self-government area.
Article 36
Annex VI
The treatment and treatment of workers prior to the implementation of the Labour Injury Insurance Regulations was carried out in accordance with the relevant provisions of the then National and Self-Government Zone.
Article 338 is implemented effective 1 January 2007. The provisional scheme for insurance for business workers in the Eutonomous Region of San Francisco, No. 9 of the People's Government Order No. 9 of 1 December 1994 was also repealed.