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Implementation Measures For The Work-Related Injury Insurance In Nanjing

Original Language Title: 南京市工伤保险实施办法

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(Summit meeting of the Government of the South Kyoto City on 14 December 2005 to consider the adoption of Decree No. 243 of 22 December 2005 on the People's Government of the South Kyoto City, which came into force on 1 April 2006)

In order to guarantee medical treatment and economic compensation for workers who are victims of accidents or occupational illnesses, to disperse the risk of work injury in the unit and to promote work injury prevention and occupational rehabilitation, and to develop this approach in line with the State Department's Work injury Insurance Regulations and the Maangususus Province's approach to implementing the Work injury Insurance Regulations.
Article 2 Individual business and industrial workers who are employed have been included in the scope of the industrial injury insurance in the city since 1 January 2004.
Article 3
Article 4 In accordance with the authority of management, the executive branch is responsible for the work injury insurance in the area under which the work injury insurance agency (hereinafter referred to as the executing agency).
Sections such as security production supervision, health, public safety, civil affairs, finance, tax, audit, business and business should assist the labour security administration in its work injury insurance within their respective responsibilities.
Trade unions, WCO maintain the legitimate rights and interests of workers and injured workers in accordance with the law, and oversees work injury insurance in the user unit.
Article 6. The Municipal Labour Security Administration, in conjunction with sectors such as financial, health and safety production supervision, determines the baseline and buoyage rates of the ITS industry and reports to the municipal government for approval.
Article 7: The following costs for workers in the insurance fund are charged:
(i) Work injury insurance treatment (including work injury medical fees, one-time disability benefits, living care, disability benefits at the level to the four-tier disability workers, funeral benefits for work-related deaths, one-time work-related death benefits for the raising of family pension);
(ii) Identification of labour capacity and related medical inspection costs;
(iii) Cost of work injury recovery;
(iv) Accompanied equipment;
(v) Laws, regulations stipulate other costs for work injury insurance.
Article 8. Operational requirements for work injury insurance are included in the same fiscal year budget.
Article 9 provides for work injury determinations, which shall be completed in accordance with the provisions for the determination of the application for work injury, indicating the basic circumstances of the time, location, cause and the extent of injury to the worker.
As an applicant, the worker shall be presented in his or her capacity; the worker's immediate family, who is the applicant, shall also submit a certificate of his or her immediate family; the person's unit and trade union organization, as the applicant, shall have the corresponding material.
Article 10 provides for a worker injury determination and shall be submitted to the text of a labour contract or other proof of labour relations.
The employment relationship was established in the same context as in the case of the following cases:
(i) A person's unit and a worker shall be eligible for the subject under the laws, regulations;
(ii) The labour regulations developed by the user unit apply to workers, and workers are subject to labour management by the user's unit and are employed in paid work arranged by the user unit.
In the absence of a labour contract with the worker, a person's unit may refer to the following evidence when it determines that there is a labour relationship between the parties:
(i) The documents issued by a person's unit to the worker “work certificate”, a service certificate” can prove the identity;
(ii) The record of attendance, the payment of wage vouches or records (the roster of wage payments for workers), and the payment of social insurance contributions;
(iii) The recruitment of “registration forms”, “sets” by a user unit completed by the worker;
(iv) Witness statements of other workers.
Article 11 provides for the determination of work injury and shall submit a medical diagnostic certificate or a certificate of occupational illness diagnosis (or a certificate of occupational illness diagnosis).
Medical diagnostic certificates include pre-patient diagnostic certificates at the time of injury to a medical institution, original illnesses, supporting inspection reports or repatient diagnostic certificates during a week. Inpatient medical care has been provided and records should be submitted.
The application for the death of the worker shall also be submitted to the employee's medical diagnostic certificate, the household write-off.
Article 12
(i) During the course of work, the accident was unknown;
(ii) In the course of the road, the injuries to motor vehicle accidents;
(iii) Be harmed in the maintenance of national interests, public interest activities, such as disaster relief;
(iv) The management of casualties by crime or in violation of the law;
(v) Self-removal or suicide.
Article 13. The place of registration of a person's unit is not integrated in the same area as the place of production and is not covered by the work injury insurance in the place of registration and the place of production, and the worker is injured by an accident or subject to occupational illness, and the employment injury claims shall be submitted to the executive branch in the production area.
Article 14. When the labour security administration receives a claim for work injury, it may require a person's unit, a worker or his or her immediate family to submit the relevant material within 15 days; it may, if required, organize a certificate of quality by a person's unit, a worker or his or her immediate family.
The worker or his immediate family are considered to be a worker injury and the person's unit is not considered to be a worker injury and the person's unit should provide evidence. The absence of evidence or evidence provided by the user unit within 15 days is not sufficient to justify its claims, and the labour security administration can make a finding of work injury in accordance with the law based on the evidence provided by the employee or its immediate family.
Article 15. Employers are injured by motor vehicle accidents for their work or on their way, and the transport management of the public safety authority confirms that the employee has one of the following conditions and shall not be determined as work injury:
(i) No motor vehicle driver's vehicle driver's vehicle was obtained and motor vehicle driver was removed;
(ii) Driving motor vehicles after drinking or after the use of medicines such as injecting national control;
(iii) Drivers who have not been registered under the law, rushed or have reached the standard of motor vehicles.
The above-mentioned motor vehicles are defined in accordance with the scope of registration of the transport management of the public security authorities.
Article 16 The Urban Labour Capacity Identification Commission should establish a pool of health-care specialists to employ specialists in the health-care pool.
Article 17
(i) The extent of barriers to the functioning of the workforce and the level of self-sustainability;
(ii) Confirmation of the duration of work leave;
(iii) Confirmation of a supporting tool;
(iv) Recognition of illness or complications arising directly from work injury;
(v) Reconfirmation of the need for continued treatment;
(vi) Identification of the labour capacity of work-related workers for raising relatives;
(vii) Other legal recognition of labour capacity.
In accordance with the identification needs, the Commission may arrange the necessary supplementary medical examination by the identifier of the medical establishment or, if required, the appointment of medical experts for the identification, injury and functionality of the identified person.
In the course of the identification of labour capacity, the identification of labour capacity could be suspended owing to the non-coordinated nature of the identified person.
Article 19 shall enter into service agreements with established medical institutions, rehabilitation agencies and supporting equipment (hereinafter referred to as the body of the work injury insurance agreement) and make the list of the body of the agreement.
The work injury insurance agreement body shall provide treatment and services in accordance with the prescribed directory of the work injury insurance treatment project, the directory of the work injury insurance medicines, the inpatient service standards and service agreements.
Medical, rehabilitative treatment and support equipment for workers and injured workers shall be carried out by the workplace injury insurance agreement body and be treated in accordance with the regulations.
Article 20 should take positive measures to ensure that workers are treated in a timely manner. In the event of an accident affecting workers, first aid can be provided to near-school health institutions; after the stabilization of the first-aid illness, the user unit should transfer disability workers to the workplace injury insurance agreement bodies in a timely manner.
Article 21 Staff members who work injury to health outside the integrated area shall be certified by the body of the injury insurance agreement that they agree. The cost of work injury treatment for workers is in accordance with the scope and criteria of the current municipal work injury insurance fund and is covered by the work injury insurance fund. The transportation requirements for workers and accommodation costs are reimbursed by the unit in accordance with the standards of public travel.
Article 22 Deaths of workers by their immediate family members receive funeral benefits from the work injury insurance fund, for the benefit of the dependent family and a one-time surviving benefit, as set out below:
(i) The burial grant represents an average monthly salary for the previous year's employees in an integrated area of six months;
(ii) The payment of a pension for a dependent family in accordance with the proportion of the employee's salary;
(iii) The average monthly salary of one-time workers in an integrated area of 60 months.
In the case of a worker who has been killed for the benefit of the pension, it should be submitted to the institution of the institution a certificate of origin, resident identification and economic status as evidenced by the Government of the town (the street office).
Article 23 defines the disability of a worker as a result of his or her work as a person at the level to a level of disability, which is subject to a one-time disability grant and a monthly disability allowance. Individuals who use a person's unit and work injury shall be based on the disability allowance and shall pay social contributions as prescribed.
Article 24, Staff members were identified as grades 5 and VI, difficult to arrange their work, which was granted disability benefits by the user unit as required. In line with the four-tier disability pension criteria, the five- and six-tier disability allowance shall be adjusted accordingly by 90 per cent and 85 per cent of the additional amount of the four-tier disability benefit.
Article 25. The termination of labour relations between a person's unit for reasons such as the insolvency of law, the withdrawal, dissolution and dissolution of a disability worker shall be terminated simultaneously. The following costs should be given priority in insolvency liquidation:
(i) The social insurance contributions to be paid by the unit at the level to the level of employees injured by the four-tier workers to the statutory retirement age shall be transferred by the unit or its industrial authorities to the institution of the office by one-time basis;
(ii) Employee workers who are disabled by grades V to VI, with the exception of a lump-sum medical grant for work injury and a one-time disability employment grant, which should also be paid for one-time social insurance. The disability worker is calculated at the time of the actual contributory period for less than 20 years from the statutory retirement age. Between the mandatory retirement age of more than 20 years, according to 20 years;
(iii) Work-related injury workers who are disabled at seven to ten levels shall be paid by a person's unit in accordance with the provision of a lump-sum medical grant for work injury and a one-time disability employment grant.
Employees at grades V to X are no longer entitled to a one-time injury medical grant and a one-time disability employment benefits for retirement, re-entry and termination of labour relations with a user unit.
Article 27 employs the worker at the same time as two or more units, and the individual units shall pay the worker's contribution to the injury. Employers are injured by work units who are injured by the worker.
Article 28 imposes contractual operations by the user unit (which is based on operation), and the contractor using the worker (at the head of the operator) does not have the qualifications of the user's unit, and the licensee with the qualifications of the user's unit (which allows the owner to be allowed).
Article 29 Persons employed by the family (person) and those who were still working in the course of interns in the unit were not covered by the insurance.
Article 33
Article 31 provides that the executive branch of municipal labour guarantees may establish the rules in accordance with this approach.
Article 32 of this approach is implemented effective 1 April 2006. The Government of the city issued the South Benin City Employer Insurance scheme on 5 April 2001 while repealing it.