Key Benefits:
(Adopted at the 20th ordinary meeting of the People's Government of Southern West Province, held on 25 May 2004, by Decree No. 132 of 10 June 2004 on the date of publication) Article 1 provides for the implementation of the Work injury Insurance Regulations (hereinafter referred to as the Regulations) in conjunction with the actual practice of the province. Article 2 All workers within the province's administration have the right to benefit from work injury insurance in accordance with the Regulations and the present provisions. Individual commercial and industrial workers who have been employed have participated in work injury insurance since the date of publication of this provision and are paid to workers for work injury under the law. Individual business and industrial workers themselves may not participate in work injury insurance. Self-employed workers participate in work injury insurance, which can be paid by 100 per cent of average monthly salary for their employees at the local level - 30 per cent. Article 3. The provincial labour security administration is responsible for work injury insurance throughout the province. The Labour Safety Administration is responsible for work injury insurance in the current administrative area in the city, the district (market, district). The Social Insurance Agency established by the executive branch at all levels (hereinafter referred to as the institution of the Agency) performs specific work injury insurance. Article IV. The financial sector and the audit body are governed by law by the payments and management of the work injury insurance fund. The Health, Safety and Productive Monitoring Administration, within its respective responsibilities, assists the Labour Security Administration in its work-related injury insurance. Article 5 The user unit shall be present in the present unit within 15 days after 30 days after the payment or changes in the payment rate. The content should include the scope of persons entitled to work injury insurance treatment, the duration of tenure and the payment of contributions. Employers have the right to take legal means to promote the participation of agents in work injury insurance and public attendance, and trade union organizations of the unit have an obligation to promote the participation of the agent's units in work injury insurance and public attendance. Work injury insurance should be combined with accident prevention and occupational rehabilitation. User units should establish a safe production responsibility and take effective measures to prevent accidents and to avoid and reduce occupational diseases. Article 7. Work injury insurance rates in this province will be implemented in accordance with the relevant provisions of the Regulations, in accordance with the Department of Labour Security of the Department of State. Article 8. The city, which is now integrated at the district level, should create conditions for the integration of the city as soon as possible. Article 9. The work injury insurance fund shall be subject to the early budget and end-of-count management in strict compliance with the Financial System of the Social Insurance Fund. In accordance with the budget, the collection funds will be incorporated into the financial pool of the same financial sector in the same-level financial sector, and funds are requested in accordance with the provisions. The specific tickets for the work injury insurance fund were compiled by the provincial financial sector. Article 10 (i) Work injury medical fees, rehabilitation treatment fees, support equipment fees, one-time disability benefits, disability benefits at the level-IV and living expenses for self-sustained personnel; (ii) Removal of medical expenses, funeral benefits, pensions for relatives and one-time surviving benefits for workers; (iii) Funding for labour capacity identification; (iv) Work injury prevention fees; (v) Work injury determination of investigation fees; (vi) Care for vocational rehabilitation; (vii) Laws, regulations stipulate other costs for work injury insurance. Any unit or person may not use the work injury insurance fund for investment operations, construction or alteration of office premises, awards or other purposes. Article 11 The reserve should be withdrawn by 20 per cent of the total annual work injury insurance fund balances in the current area, accumulated every year, reaching 50 per cent of the total annual work injury insurance fund. The reserve is used to cover work injury insurance treatment for major accidents in the area. In the event of a major accident in the insurance unit, the cost paid by the work injury insurance fund exceeds 50 per cent of the accumulated balance of the local work injury insurance fund, which is partly paid by the reserve. For the portion of the payments made by the reserve, the Office shall prepare a detailed schedule of payments, with the approval of the Government of the People of the Region following a review by the Labour Guarantee Administration, the financial sector. Inadequate reserves are paid by the communes' governments, and mattress funds are gradually returned from the future distributed reserves. In the event of injury to workers, the user unit should take measures to deal with them in a timely manner and apply for the identification of workers in accordance with the procedures set out in the Regulations. The Labour Security Administration shall make a decision on the determination of work injury within 60 days of the date of receipt of the worker's injury determination and, in writing, inform the employee who has been identified for the injury or his or her immediate family and the employee's unit. Where a worker is found to be injured or treated as work injury, the worker shall be granted a certificate of work injury. Article 13. Staff members have suffered injury, with disabilities and labour-related capacity following the relative stability of the treatment and injury, and work capacity should be identified. The following materials should be made available to the Commission for the Identification of Labour Capacities in the Area, using a person's unit, a worker or his or her immediate family for the identification of the labour capacity: (i) Identification of the application form for labour capacity; (ii) Decisions on work injury; (iii) Medical institutions receive ministers, medical diagnostic certificates or occupational illness diagnostic certificates (the occupational illness diagnosis certificate), work-related illnesses and medical video check-up information; (iv) Other relevant evidence material. The Labour Capacity Identification Commission shall communicate to the applicant the full material required by the applicant in writing. After a written notification of the request to supplement the material, the Commission shall be admissible. Article 14. Districts (markets, zones) do not have the Commission for the Identification of Labour Capacity, which is mandated by the Commission for the Identification of Labour Capacities of Employed Workers. Article 15. Labour capacity determination committees should be actively coordinated by medical institutions when they verify the medical diagnosis of workers and employees. Article 16: The Labour Capacity Identification Commission shall communicate the results of the legal determination of the labour capacity to the units and individuals that apply for identification in a timely manner; to the level of disability, and to the worker's employees shall also issue the certificate of work disability. Article 17 provides for the identification of units or individuals who apply for the identification of the Commission's labour capacity in the area of the establishment, and may apply for re-identification to the Provincial Commission within 15 days of the date of receipt of the findings. The provincial Labour Capacity Identification Commission concluded the final conclusion. Employers' treatment work injury should be medically available in the form of a service agreement, which is emergencyly available to first aid the near-school medical institution and to report the institution within 24 hours by the user unit. After the relative stability of the worker's injury, treatment continues to be carried out by a medical body determined by the institution concerned whether the injury was transferred to a service agreement. Article 19 (i) The application form for treatment; (ii) Conclusions on the identification of labour capacities, the certificate of work disability; (iii) Participation in the relevant material of the work injury insurance; (iv) Other material requested by the Office of Internal Oversight Services. Article 20 Deaths of workers and their immediate family members shall, depending on the circumstances, provide the following relevant material to the institution: (i) The application form for treatment; (ii) Employers' death determinations; (iii) Participation in the relevant material of the work injury insurance; (iv) Family certificates, identification or public safety at home for relatives; (v) testimony from street offices, communes (communes) to the Government of the people for the unavailability of the family; (vi) Evidence from the civil affairs sector of unaccompanied or orphaned children; (vii) For the family to attend school students, evidence of attendance at school should be provided; (viii) For the adoption of a child by the family, a copy of the registration certificate of adoption by the civil service should be provided; (ix) Other material requested by the Office of Internal Oversight Services. Article 21, the applicant for the treatment of work injury insurance provides incomplete material, and the institution should inform the applicant in a written manner of the full material required to be filled. The applicant shall be admitted to the institution after the written notification of the request for the replenishment of the material. Paragraphs 5 and 6 disabled workers themselves submit a lump-sum medical grant and disability employment grant under the following criteria: (i) In the case of the dismissal of labour relations between grades V and ten-year-old disabled workers and the user unit, their age (age of 10 years) is higher than the statutory retirement age or equal to 10 years, and a one-time work injury medical grant is based on 40 months, 34 months, 28 months, 22 months, 16 months and 10 months' own salary; (ii) A one-time disability employment grant at grades V to X is paid at 12 months, 11 months, 10 months, 9 months, 8 months and 7 months. In accordance with article 23, paragraphs 5 to 10, disabled workers receive a one-time injury medical grant and disability employment benefits, while the work injury insurance relationship ceased to pay their work injury treatment. The employee may participate in or receive basic old-age insurance and basic health insurance according to local provisions, and receive the corresponding treatment; it is eligible for unemployment insurance treatment in accordance with unemployment insurance provisions. Article 24, Disability benefits, pension benefits for foster relatives, living care expenses are duly proposed by the executive branch in the area of labour security, in accordance with the average salary and changes in living expenses of the previous year's workers in this city, and are reported to be implemented by the Government. Article 25 Demobilization, insolvency, closure, conversion should be prioritized to address social premiums, including for work injury insurance. The cost of work injury insurance and the treatment of work injury insurance are treated in accordance with the following provisions: (i) The related work injury insurance costs at the level to the four-tier disability workers are calculated by the user unit in accordance with the standards set out in the Regulations to pay to the office for a one-time period of 75 years; and the treatment of work injury insurance is paid by the institution after a one-time payment. (ii) V-10 disabled workers are paid by a user unit, in accordance with the standards set out in this provision, for a one-time medical injury and disability employment benefits, while termination of work injury insurance relations; disability workers with special illnesses such as the non-law-protected occupational illness, whose future medical treatment costs are paid by the sickness funds. (iii) As a result of the worker's related work injury insurance costs, a one-time payment is made to his/her relatives under the standards set out in the Regulations or a one-time payment to the institution of the office, which is maintained on a regular basis by the agency. It is calculated that the spouses and parents of the workers who have been killed are counted to the age of 75 years; the minor counts to 18 years. Article 26 Employees are dispatched to work out and their domestic work injury insurance relations are not suspended, and after work injury, they are treated accordingly in accordance with the Regulations and the present provisions, and their offshore medical costs are borne by the user unit. Article 27 re-employment of persons with disabilities who are partially deprived of their labour capacity has once again occurred, and is performed by a user unit in accordance with the Regulations and the procedures set out in the present Regulations and in accordance with the procedures for the identification of work injury and the identification of the labour capacity, with the corresponding disability treatment at the new level of disability. Article twenty-eighth units should conduct occupational health inspections prior to termination, removal of labour relations or retirement procedures, and inform the employee himself of the findings. Care is confirmed for occupational illnesses and the authorization for work injury determinations, labour capacity identification, work injury insurance treatment shall be processed, in accordance with the Regulations and the present provisions, and the diagnosis of treatment of workers who are suspected to be occupational diseases shall be treated as occupational illnesses. The user unit does not carry out a job health examination for the worker's departure or prior to retirement, and the employee's departure or post-retirement status has been identified as having a occupational illness and is responsible for the termination of the labour relationship, the dismissal of former or pre-retirement procedures and the payment of work injury insurance treatment. Article 29 does not pay a worker's contribution to work injury or to work injury, or shall be recovered by the institution in accordance with the law. The treatment of work injury insurance during unpaid or suspension of work injury insurance was paid by the user unit and the work injury insurance fund was not repaid. There is a difficulty in the ability of the user unit to pay on time, with the approval of the Office of the United Nations High Commissioner for Human Rights, but the period of time may not exceed three months. During the probationary period, the agencies should continue to pay for work injury insurance treatment for workers. Article 33 Employers have been injured by accident or suffered by occupational illness prior to the operation of the Regulations and have been identified as work-related injury, the treatment of a one-time injury insurance is carried out in accordance with the provisions of the Regulations, and the regular work injury insurance treatment is carried out in accordance with the provisions of the Regulations; Article 31 |
