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Measures Of Anhui Province, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 安徽省实施《工伤保险条例》办法

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(Adopted by the 14th ordinary meeting of the Government of the People of Anguébé Province on 21 June 2004 No. 169 of 30 June 2004 of the Order of the People's Government of Anguégué, which came into force on 1 August 2004)

Chapter I General
Article 1 establishes this approach in conjunction with the practice of this province, in order to implement the Work injury Insurance Regulations (hereinafter referred to as the Regulations).
Article 2
Employees and individual business workers (hereinafter referred to as workers) in various types of enterprises within the province's administration have the right to benefit from work injury insurance treatment in accordance with the provisions of the Regulations and this approach.
Article 3
The Social Insurance Agency established by the Labour Guarantees Administration (hereinafter referred to as the consulate) for the conduct of work injury insurance. The operational requirements of the Office of the United Nations High Commissioner for Refugees are vested in the current level of finance.
Article IV. Safety of production surveillance, health, finance, tax and other relevant sectors, within their respective responsibilities, are well-established.
The Government and the relevant sectors develop policies, standards and advice from trade union organizations, relevant sectors and user units.
Article 5 An incentive may be granted to persons who are in the same sector in the area of work injury and occupational morbidity. The incentives were developed by the provincial labour security administration with the provincial fiscal sector.
Chapter II Work injury insurance fund
Article 6. There is a great deal of difficulty in implementing the city-wide integration, with the consent of the commune government of the communes of the province, with the approval of the Government of the province and the integration of the district (markets).
Article 7
(i) Employees' insurance contributions;
(ii) Lower-in-kind contributions for work injury insurance;
(iii) The interest of the work injury insurance fund;
(iv) Social contributions;
(v) Other funds are included in the work injury insurance fund in accordance with the law.
The work injury insurance fund is deposited with the financial exclusive of the Social Security Fund.
Article 8
The industrial benchmark rate is determined by the Government of the Integrated Region; the buoyage approach is developed by the Integrated Regional Labour Guarantee Administration in accordance with national provisions. The specific contributory rate of the user unit is provided by the Integrated Regional Agency for the use of work injury insurance contributions by the user unit, the incidence of work injury, the management of work injury insurance (worker injury recovery, declaration, etc.), safe production management and occupational health inspections, and the implementation of the Integrated Area Labour Security Administration has been reported.
The operating scope is the user unit of the cross-sector, which determines the applicable industrial rates according to its main industry.
Article 9
(i) The treatment of work injury insurance payments as prescribed;
(ii) Care for occupational rehabilitation;
(iii) Funding for labour capacity identification;
(iv) Work injury determination of investigation fees;
(v) Feasibility under article 5 of this approach;
(vi) Other costs under laws, regulations and regulations.
Article 10 establishes a reserve for work injury insurance at the provincial and municipal levels. The reserve was retained from the collected work injury insurance premium and the total reserves were no longer increased after 30 per cent of the annual contribution of the injury insurance premium, 30 per cent of which was recovered as a provincial reserve. The reserve is paid for work injury insurance treatment for major accidents, and the municipal reserves are paid in proportion to payments made by the same-level people's Government, and provincial reserves. The specific approach was developed by the provincial Labour Security Administration with the provincial financial sector.
Article 11. The payment of work injury insurance contributions is carried out in accordance with the relevant provisions of the State and the provisional provision for social insurance payments in the Ablem province.
The number of employees participating in the work injury insurance, the payment of wages, and the amount of contributions, should be shown in this unit.
Chapter III
Article 12 Including casualty accidents by a person unit shall report on a timely basis on the executive branch of integrated regional labour guarantees. The maximum length of time does not exceed 48 hours.
Article 13 presents exceptional circumstances in which the executive branch of the integrated area of labour security agrees that the time limit for the application could be extended by 30 days.
Article 14.
Article 15. Requests for work injury determination shall be submitted to:
(i) Applying the application form for work injury;
(ii) Confirmation of labour relations with the user unit, including de facto labour relations;
(iii) Medical diagnostic certificates or occupational illness diagnosis certificates (or occupational disease diagnostic certificates);
(iv) Confirmation material for special reasons
Evidence or legal instruments made by public security organs or the People's Court against violence;
Evidence from the transport accident treatment sector for traffic accidents;
Evidence from the civil affairs sector or other relevant sectors for the maintenance of State interests, public interest, such as the seizure of disaster;
The Labour Capacity Identification Commission confirms the material of recovery of injuries;
The accidental injury certificate provided by other relevant units or individuals.
Article 16 Staff members or their immediate family apply for work injury determinations that the person's unit is not considered to be a worker injury and the person's unit shall submit a material of proof within 15 days from the date of receipt of the notification of the labour security administration. The time for proof is not calculated within the time period determined by the work injury.
Chapter IV
Article 17 is established in the provinces and territories by the Labour Guarantee, Personnel, Health Administration and Trade Union organizations, representatives of the agencies and the Labour Capacity Identification Commission composed of representatives of the human rights units. The number of members of the Labour Capacity Identification Commission shall be single.
Article 18
(i) Initial identification and review of the extent of labour functional barriers;
(ii) Initial identification and review of the extent of self-sustainable barriers;
(iii) Confirmation of the duration of work leave;
(iv) Reconfirmation of the need for continued treatment after the expiry of the pay period;
(v) Confirmation of illness resulting directly from work injury;
(vi) Recognition of rehabilitation treatment;
(vii) Reconfirmation of old injury;
(viii) Confirmation of a supporting tool;
(ix) Accreditation for the labour capacity of relatives;
(x) Other identification and recognition projects under laws, regulations and regulations.
Paragraphs 3 to 8 above require the identification of experts by experts, which are organized by the ICRM.
Article 19
Article 20 Standards for the identification of costs by the Labour Capacity Identification Commission are presented by the provincial labour security administration and the provincial price sector is approved with the provincial financial sector.
Article 21, when workers are treated for injury to work or are in a relatively stable situation, medical institutions should make medical findings and units or individuals should apply for the identification of labour capacity in a timely manner.
Chapter V
Article 22 defines the worker's disability at the level to four levels, retains the labour relationship and withdraws from the job and enjoys the relevant treatment in accordance with article 33 of the Regulations.
During the receipt of the disability allowance, the number of disability benefits was based on the number of disability benefits paid by the person's unit and the employee, and the payment of the basic health insurance expenses is provided. After deduction of the basic health insurance payments paid by individuals, the actual amount of the disability allowance is lower than the local minimum wage, and the difference is added to the work injury insurance fund.
Article 23. Staff members are identified as five-level and sixth-level disability, and in accordance with article 34 of the Regulations, the labour relationship is retained and the work is arranged by an appropriate unit of the user and is difficult to arrange for the work to be carried out by a person's unit to grant disability benefits under the Regulations. During the receipt of the disability allowance, the user unit and the individual worker shall be based on the disability allowance, which shall be paid in accordance with the provisions of social insurance payments for the deduction of the social insurance contributions paid by the individual, with the actual amount of the disability allowance less than the local minimum wage standard and be filled by the user unit.
Employers were identified as five- and six-tier disability, and, as a result of their work, they were able to remove or terminate their labour relations with the user's unit and the person's unit should pay a one-time injury medical grant and disability employment grant and discontinue disability benefits. Standard for a one-time work injury medical benefits: average monthly salary for five-year-old workers in an integrated area of 20 months, six-tiered disability is 15 months; one-time disability employment grant criteria: average monthly salary for five-monthly workers in an integrated area of 35 months, with a sixth disability of 30 months.
Article 24, Staff members were identified as disabled by grades 7 to 10, and the labour contract ended or the employment contract was terminated by the employee and a one-time injury medical grant and disability employment grant was paid by the user unit. The standard for a one-time work injury medical grant: average monthly salary of seven-year-old workers in an integrated area of 10 months, eight-phase disability is 8 months, nine-year disability is 6 months, 10 months, and one-time disability employment grant criteria: average monthly salary for seven-year-old workers in an integrated area of 20 months, eight-year disability is 15 months, 9-10 months and ten-year disability.
Article 25, in accordance with article 23 of this approach and article 24, provides that a lump-sum employment grant is granted to a worker who receives a one-time disability employment benefit from a legal age of less than five years, and a one-time disability employment grant is implemented according to the following criteria:
(i) Less than two years, to be paid by 60 per cent in full;
(ii) Less than three years, to be paid in full by 70 per cent;
(iii) Less than four years, which is paid in full by 80 per cent;
(iv) Less than five years, which is paid by 90 per cent in full.
Article 26 Handicapped workers are not paid for a lump-sum medical grant and disability employment benefits, as prescribed by the law.
Article 27: The treatment of work injury under the employee is paid by the Workers' Insurance Fund:
(i) Medical injury;
(ii) Costs for disability support equipment;
(iii) The cost of living care;
(iv) A lump-sum benefit;
(v) A one-time disability grant;
(vi) Disability benefits for disabled workers from grades I to IV;
(vii) The funeral grant;
(viii) For the benefit of the family;
(ix) Other costs under laws, regulations and regulations.
Article 28
(i) Removal of the pay period of care;
(ii) Removal of salary benefits;
(iii) Accommodation grant for inpatient care in integrated areas;
(iv) Medical traffic and accommodation costs outside the integrated area;
(v) The difference in the rate of hospitalization after the expiry of the pay period;
(vi) V- and 6-level disability workers' disability benefits;
(vii) A one-time work injury medical benefits and disability employment benefits;
(viii) Other costs under laws, regulations and regulations.
Article 29 is unknown for the period of departure of the worker or in the event of a risk response, and the subsequent reoccupation or dismissal of the death finding by the People's Court, and the treatment of the worker received shall be returned.
Article 33 Employers are injured by accidents during the labour relations unit's export of their labour relations, and are responsible for work injury insurance. The unit of the labour relationship shall agree with the work-related injury insurance scheme.
Employees who have processed domestic work injury insurance are not paid for their domestic work-related injury insurance treatment while they were dispatched to work abroad, but external compensation is less than the treatment of integrated regional work injury insurance.
Article 31, Staff injured by re-identification, changes in the level of disability, the monthly departure from the review findings, the payment of the corresponding work injury insurance treatment in the light of the new findings, the higher levels of disability than in the previous period and the replacement of a lump-sum disability grant.
Article 32 does not agree with the City Commission for the Identification of Labour Capacities, with the application to the Provincial Commission for the Identification of Labour Liabilities, the treatment of work-related injury insurance for workers is calculated and paid in accordance with the findings of the Commission's Identification Commission of Labour Capacity, and the findings of the Provincial Labour Capacity Identification Commission are calculated in accordance with the findings of the Provincial Commission.
Article 33 of the disability allowance, for the benefit of an extended family and for the adjustment of the cost of living care are developed by the provincial labour security administration with the provincial fiscal sector.
Chapter VI
Article 34 regulates the operation of a targeted medical institution and the structure of a targeted supporter. The targeted medical institutions are identified and made public by the integrated regional labour security administration, and the structure of the identification and announcement by the provincial labour security administration.
Article XV The worker's treatment work injury shall be medically medical institutions that are eligible and enter into service agreements. The situation can be quickly rescued and should be transferred in a timely manner to the treatment of the medical institutions of the agreement. Staff treatment should be followed in a timely manner.
In the case of near-recovery treatment, the user units should report integrated regional institutions within 5 days of the injury and replicate the procedures.
Article XVI Costs for the treatment of accidents by employees are paid by the treasury unit of the employee, who participates in the work injury insurance after the labour security administration determines that the employee's injury is the subject of an application by the user's unit to the institution of the institution; the continued medical costs incurred are settled directly by the agreement medical agencies and the institution.
The following materials are required when the worker or the agent's unit is liquidated with the institution of the organization:
(i) Work injury certificate material;
(ii) Medical institutions provide for diagnostic certificates, cost documents, cost inventories and related illnesses.
Access to medical care in the field should also be provided with the approval of the institution.
Article 338 requires care for inpatient care during the injury of the worker's inpatient care work, as evidenced by the medical agency, the payment of care expenses by the unit of the employee in the month. The rate of care is 80 per cent of the average monthly salary for the yearly workers in the integrated area. Prior to the medical institution, the standard of under-managed living care that had been paid was added to the unit.
Article 39 does not pay for work injury insurance funds owing to the costs incurred in the following cases:
(i) Medical costs incurred by non-agreement medical institutions without approval;
(ii) Configuration costs for the non-agreement subsidiary body;
(iii) In addition to the directory of work injury insurance treatment projects, in addition to the directory of work injury insurance medicines, and inpatient services for work injury insurance;
(iv) Medical costs not related to the treatment of work injury;
(v) Other costs that are not covered by laws, regulations and regulations.
Chapter VII Legal responsibility
Article 40. Staff of the Labour Guarantees Administration are treated by law in one of the following cases:
(i) The non-requirement of the application for the injury of the worker or the identification of a person who would be incompatible with the conditions of work;
(ii) The lack of proper custody of the evidence obtained by the application for work injury and the loss of the evidence;
(iii) The receipt of the property of the party.
Article 40 consists of one of the following acts by the labour security administration, disciplinary action against the competent and other responsible persons directly responsible, in accordance with the law; serious circumstances constitute criminal liability by law; causing the economic losses of the parties; and liability by the institution under the law:
(i) No record of the collection of royalties and the treatment of workers for work injury insurance, as prescribed;
(ii) The treatment of approved work injury insurance, as prescribed;
(iii) The receipt of the property of the party.
Article 42 punishes a person's unit, a worker or his or her immediate family, a medical institution, a subsidiary body, in violation of the scheme, in accordance with articles 58 and 59 of the Regulations.
In violation of this approach by any unit and individual, there is no reason to go unwarranted, glomerate, in violation of the management of the security sector, which is punishable by the public security authorities in accordance with the provisions of the Code of Conduct Management Punishment; and constitutes an offence punishable by law by the judiciary.
Chapter VIII
Article 44 of this approach implements the cost of pre-worker care for disabled workers, for work-related deaths, and for raising the family's pension, which has been paid in accordance with the standards of the Regulations since 1 January 2004. The old treatment criteria are higher than those set out in the Regulations and are implemented in accordance with the original treatment criteria, which are adjusted in accordance with article 33 of this approach, above the original criteria.
Article 42, which did not participate in accidents during work injury insurance by 1 January 2004, was paid by disabled workers, death workers for the benefit of their relatives, and was progressively integrated in the management of the various integrated areas. Specific approaches are developed by integrated regions.
Article 46, in which individual business and industrial workers are employed, participates in work injury insurance, and municipalities may establish enforcement rules based on local realities.
The issue in the application of article 47 is explained by the provincial labour security administration.
Article 48 The provisional scheme for work and injury insurance in Arguégué Province, issued by the Government of the People of the province on 20 February 1997, was also repealed.