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Implementation Measures For The Work-Related Injury Insurance In Shanghai

Original Language Title: 上海市工伤保险实施办法

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(Adopted at the 28th ordinary meeting of the Government of the Shanghai City on 5 January 2004, No. 29 of the Order of the People's Government of the Shanghai City on 27 June 2004 (Act No. 29 of 1 July 2004)

Chapter I General
Article 1 (based)
Under the State Department's Work injury Insurance Regulations, this approach has been developed in conjunction with the realities of the city.
Article 2
This approach applies to enterprises, business units, State agencies, social groups and non-commercial units within the city's administration, individual businessmen with employment (hereinafter referred to as an owner unit) and their practitioners.
Article 3
The payment of work injury insurance is carried out in accordance with the relevant provisions of the State Department's provisional Social Insurance Receiving Regulations, and the Social Insurance of Workers in the City of Shanghai.
Article IV
The user units should be presented in the present unit.
In the event of work injury by practitioners, the user units should take measures to enable workers to be treated in a timely manner.
Article 5 (Management)
The Labour and Social Security Service of the Shanghai City (hereinafter referred to as the Industrial Labour Guarantee Authority) is the administrative authority for work injury insurance in the city and is responsible for the uniform management of work injury insurance in the city.
The Regional, District Labour and Social Security Agency (hereinafter referred to as zonal, district labour security administration) is responsible for the specific management of workplace injury insurance in the current administrative area.
Specific work injury insurance services are carried out in the city and district, district work injury insurance agencies (hereinafter referred to as the agency).
Article 6
Policy, standards and standards for the development of work injury insurance in sectors such as the Municipal Labour Security Agency should be consulted by trade union organizations, representatives of the user units.
Trade union organizations maintain the legitimate rights and interests of workers and injured persons in accordance with the law and supervise the work injury insurance of the user unit.
Chapter II Work injury insurance fund
Article 7
The work injury insurance fund is paid by the user unit, interest earned by the work injury insurance fund and other funds included in the work injury insurance fund in accordance with the law.
Inadequate payment of treatment for major accident work injury insurance, the work injury insurance fund is don't.
Article 8
The user unit shall pay the worker injury insurance on time. Individuals of practitioners do not pay their work injury contributions.
The cost of work injury insurance is determined in accordance with the principle of payment and balance of payments.
Article 9
The number of work-related injury insurance contributions paid by the user unit is determined in accordance with the base number of contributions paid by the unit for old-age premiums or for small and urban social insurance.
Article 10
The user unit pays a basic rate for work injury insurance, which is 0.5 per cent of the contribution base.
The buoyage rate is applied in accordance with the provisions on the basis of the basic rate for the user units involved in accidents.
The rate of buoyage is determined on the basis of the use of injury premiums by the user unit and the incidence of accidents. The buoyage rate is divided into five files, at 0.5 per cent of the contributory base, up to 3 per cent of the highest rate after the buoy (basic rate of buoyage) after buoyage, and at the lowest rate after the buoy. The buoyage rate is approved annually.
The specific approach to the buoyage of work injury insurance rates is developed by the Urban Labour Security Agency with sectors such as finance, health, safe production regulation, and reported to be implemented after approval by the municipality.
Article 11
The work injury insurance fund is used to cover the treatment of work injury insurance under this scheme, the identification of labour capacities and other costs for work injury insurance under the laws, regulations and regulations.
Article 12
The Work injury Insurance Fund is integrated throughout the city, with the establishment of a dedicated household, dedicated and no unit or individual may be automatically used.
In accordance with the law, the Labour Security Service oversees the payment of the work injury insurance fund.
The municipal finance, auditing sector is governed by law by the payments and management of the work injury insurance fund.
Article 13
The requirement for work injury insurance by the Office of the United Nations High Commissioner for Human Rights is included in the budget management by the financial sector, as required.
Chapter III
Article 14.
In one of the following cases, practitioners should be identified as working injury:
(i) In working hours and in the workplace, the causes of the work were damaged by accidents;
(ii) In the workplace before and after working hours, work-related preparatory or end-time work is injured by accidents;
(iii) In working hours and in the workplace, unintended injuries, such as violence, to fulfil their duties;
(iv) Occupational diseases;
(v) In the course of the work outside, the damage suffered or the accident was unknown;
(vi) In the course of the trip, the injuries to motor vehicle accidents;
(vii) Legal, administrative and regulatory provisions should be determined as other cases of work injury.
Article 15
The practitioners have one of the following cases, depending on work injury:
(i) In working hours and working hours, sudden disease deaths or unavoidable deaths within 48 hours;
(ii) Be harmed in the maintenance of national interests, public interest activities, such as disaster relief;
(iii) Practitioners had previously been serving in the military and had been physically injured by war and public injury, and had obtained a revolutionary maiming of military personnel and released after the user unit.
In the case of former paragraph (i), subparagraph (ii), the practitioners are entitled to work injury insurance in accordance with the relevant provisions of this approach; the practitioners have the case of paragraph (iii) of the previous paragraph and are treated with work injury insurance other than a one-time disability grant in accordance with the relevant provisions of this scheme.
Article 16
In one of the following cases, practitioners may not be found to be working injury or to work injury:
(i) The management of casualties due to crime or in violation of the law;
(ii) Deaths and injuries caused by analytic alcohol;
(iii) Self-handling or suicide.
Article 17
In the event of accidents by practitioners or in accordance with the provisions of the Occupational Diseases Prevention and Control Act, the unit shall apply for the identification of work injury to the area in which the agent's unit is located, and the district labour security administration, within 30 days of the accident. In exceptional circumstances, the time limit for application could be extended appropriately, with the consent of the executive branch of the newspapers and district labour guarantees.
In the absence of an application for work injury determination under the preceding paragraph, a worker or his immediate family, a trade union organization may submit a claim for work injury directly to a district at the location of the agent's unit or the district labour security administration.
In the absence of a request for work injury determination within the time frame set out in paragraph 1 of this article, the costs associated with the treatment of workers and injuries, such as those subject to this approach, were borne by the unit of the agent.
Article 18
The following submissions shall be submitted:
(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 illness diagnosis certificates).
The work injury determination schedule shall include the basic circumstances of the time, location, cause and degree of injury to practitioners.
In addition to the material requested in the previous paragraph of this article, the request for work injury may be submitted to the author's units, the relevant administrative organ or the People's Court for the purpose of proof.
Article 19 (Option)
The worker injury determinations that the applicant submits a claim for work injury within the time frame set out in this scheme and the fullness of the requested material, and that the district, district labour guarantee administration should issue a letter of acceptance within 10 working days from the date of receipt of the employment injury determination request. Incompatible with the conditions of admissibility, the district, district labour security administration is inadmissible and informed the applicant in writing.
The worker injury finds that the applicant has made a claim for work injury within the time frame set out in this scheme, but the material is incomplete, and the executive branch of the district, district and district labour guarantees should inform the worker in writing of the full material that the applicant needs to be added. Injury determinations that the applicant shall be admissible within 30 days as required to supplement the material.
Article 20
When the district, the district labour guarantee administration receives a claim for injury, it is necessary to verify the accident damage and to assist the user units, practitioners, trade union organizations, medical agencies and the relevant departments. The identification of occupational diseases and diagnostic disputes is carried out in accordance with the relevant provisions of the Act on Occupational Disease Control. The executive branch of the district and district labour guarantees is no longer valid to carry out an investigation into the legal certificates of occupational illness diagnosis or the professional diagnostic certificate.
When the district, the district labour security administration conducts work injury determinations, the practitioners or their immediate family are considered to be working injury and the unit does not consider it to be a worker injury and the burden of proof is borne by the user unit.
Article 21
The district, district labour security administration shall take a decision on industrial injury determination within 60 days of the date of receipt of the employment injury determination and, within 10 working days, decide to send a worker or his or her immediate family and the unit of the practitioners.
During the work injury determination period, the security production regulation, public safety, health, civil affairs and other sectors have not yet been concluded with respect to the corresponding accidents, which may affect the determination of the work injury and may be suspended.
Article 2 (Curr injury determination of matters)
The decision shall contain the following matters:
(i) The basic situation of the person's unit and the worker;
(ii) The Ministry of injury, the time of the accident and the time of the medical treatment or the name of the occupational illness, the injury and verification, and the basic conditions and diagnostic findings of the medical rescue;
(iii) Be determined to be the basis for injury to work, injury to work or for finding that it is not the basis for work injury or injury;
(iv) Determination of conclusions;
(v) No determination of the sectors and duration of the decision to apply for administrative review;
(vi) Time to determine the decision.
Work injury determinations should be accompanied by a special seal for labour security administration workers.
Article 23 (Acknowledgement of obligations)
In the case of regional, district labour guarantees, the executive branch shall inform the labour capacity of the application procedure in writing when it determines that the work injury is to be delivered to the practitioners or their immediate family and the unit of the practitioners.
Chapter IV
Article 24
In the event of injury by practitioners, there is a disability after the relative stability of the treatment and injury, affecting the labour capacity, which should be identified in terms of the extent of labour functional barriers and the level of living self-sustainable barriers.
Labour functional barriers are divided into 10 maimal levels, with life-saving barriers divided into three levels.
Labour capacity identification criteria are implemented in accordance with the relevant national provisions.
Article 25
The City and Regions, the District Commission for the Identification of Labour Capacity (hereinafter referred to as the Commission) is composed of the same-tiered labour guarantees, personnel, health and trade union organizations, representatives of the executive branch and representatives of the user unit. The Office of the Municipal and Districtal Identification Commission is located in the same-tiered labour security administration to identify the Committee's daily work.
The Urban Labour Capacity Identification Centre was commissioned by the Urban Identification Commission to identify specific matters such as the labour capacity of occupational sick persons and the re-identification of workers.
The Regional, District Labour Capacity Identification Commission is responsible for the identification of workers and injured persons in the present administration.
The Commission has established a pool of health specialists in accordance with the law to conduct the identification of labour capacities.
Article 26
The worker's labour capacity is validated and may apply to the Identification Commission by a person's unit, a worker or his immediate family.
The following materials should be submitted for the identification of labour capacity:
(i) Completion of the full list of labour capacity identification applications;
(ii) Decisions on work injury;
(iii) Information on the medical treatment of injuries by the health insurance contract's targeted medical institutions.
Article 27
Upon receipt of the Commission's application for the identification of labour capacity, the expert group shall be constituted by law and shall be validated by the Group of Experts. On the basis of the expert group's assessment, the Commission concluded that the labour capacity of workers and injured persons had been identified within 60 days of the date of receipt of the application for identification. If necessary, the time frame for the conclusion of a labour capacity can be extended by 30 days. The results of the identification of labour capacities should be communicated in a timely manner to the user units, workers or their immediate family members who apply for the identification of labour capacities.
At the time of the conclusion of the Commission's assessment of labour capacity, written notification should be made to the user units, workers and injured persons or their immediate family members for the treatment of work injury insurance and to the form of application for work injury insurance treatment.
Article 28 (Reconfirmation)
The applicant's unit, the worker or his or her immediate family's conclusions on the identification of the labour capacity or the finding of an occupational illness may submit a request for re-identification to the ICRM within 15 days of receipt of the findings.
Reconfirmation of the finding of occupational illnesses, the Commission shall organize another expert group to conduct a re-identification.
The re-confirmation concluded by the Urban Identification Commission is final.
Article 29 (Review of identification)
After one year from the date of the conclusion of the Working Captainability Identification, the worker or his immediate family, the user unit or the agency considered changes in the disability situation, may submit a request for a review of the labour capacity.
Article 31 (Option costs)
The initial labour capacity identification costs for workers and injured persons are covered by the work injury insurance fund.
The user units, workers or their immediate family have proposed for re-identification or review of the application, once again validate the findings to maintain the pre-identification conclusions, or review the findings that have not changed, the cost of identification is borne by the user units, workers, or their immediate family members that have submitted for re-identification or review of the application; re-confirmation of conclusions or review of the findings, and the cost of identification is borne by the work injury insurance fund.
Chapter V
Article 31
Practitioners receive medical treatment for work injuries due to accidents or occupational illnesses.
The treatment of workers and injuries shall be medically available at the targeted medical body in the current municipal health insurance contract or at the medical facility for occupational illnesses, which may be sent to the medical facility for medical treatment in the nearest medical institution when the injury is stabilized. There is a need for referrals to the communes, and workers should be brought to the competent institutions.
Article 32 (Security treatment)
The medical costs required for the treatment of work injury should be in line with the directory of work injury insurance treatment projects in the country and in the city, the directory of work-related injury insurance medicines, and the standards for hospitalization services for work injury insurance insurance. In addition to the portions covered by the Medical Insurance Fund in accordance with the provisions of this city, the remaining medical costs are borne by the Workers' Insurance Fund.
The directory of work injury insurance treatment projects in this city, the directory of work injury insurance medicines, the standards for the hospitalization of work injury insurance insurance, are implemented in accordance with the provisions of this city related to the scope of the basic health insurance treatment project, the scope of drug use and the scope of medical services facilities.
The treatment of non-worker injuries caused by work injury is not included in the coverage of the work injury insurance fund.
Article 33 (Spatient food and transport accommodation standards)
In-patient care for workers and injured workers, the unit was paid in accordance with 70 per cent of the standard of payment for public travellers in accordance with this unit's salary grant; the transportation, accommodation costs were reimbursed by the unit in accordance with the standard of public travel.
Article 34
As a result of daily or employment needs, the identification board confirmed that a supporting tool such as matures, correctionals, recuperation, dental and wheelchairs could be installed, and that the cost would be paid from the work injury insurance fund in accordance with the standards and supporting equipment projects established by the State and the city.
Article XV (Prevention of work duration)
Practitioners are subject to accident injuries or occupational illnesses to suspension of work-related injury treatment, and in the period of suspension of work, the old salary benefits are treated without change and are paid by the unit in month.
The duration of unpaid work is generally not more than 12 months. The injury is serious or exceptional and, as confirmed by the Identification Commission, may be extended appropriately, but not more than 12 months. After the workers' assessment of the level of disability, the treatment was suspended and the disability was treated in accordance with the relevant provisions of the scheme. The medical treatment of work injury continues to be treated after the termination of the work injury.
Life cannot be self-sustained workers to be cared for during the suspension period of work.
Article XVI (Protection of Living Care)
The workers have assessed the level of disability and confirmed by the Commission that they need life care, paying the cost of living care from the work injury insurance fund in the month.
The cost of living care is not entirely self-sustainable, most of the life is not self-sustainable or part of the life sector cannot be paid at three different levels, with the standard of 50 per cent, 40 per cent or 30 per cent of the average monthly salary of the previous year-wide worker.
Article 37 (Multiation 1 - 4 treatment)
Workers and injured persons were identified as maiming at the level to four levels and retained labour relations, withdrew from their jobs and enjoyed the following treatment:
(i) A lump-sum grant from the work injury insurance fund. At the level of disability, the salary paid to the worker for a period of 24 months prior to his injury; the secondary disability for 22 months; the third-tier disability for 20 months; and the four-tier disability for 18 months;
(ii) The payment of disability benefits from the work injury insurance fund by month. At the level of disability, 90 per cent of the salary paid by the worker and the injured person prior to his injury; 85 per cent at the secondary level; 80 per cent at the third level; 75 per cent at the fourth level;
(iii) After the payment of a pension by month of work injury, the disability allowance was discontinued and the old-age insurance treatment was enjoyed. The basic pension is lower than the disability allowance and is filled by the work injury insurance fund. The arrival of workers in the statutory retirement age is not in accordance with the monthly pension conditions, and the work injury insurance fund continues to pay disability benefits;
(iv) A person's unit and a worker who participates in the basic health insurance in the city are based on disability benefits, which are treated under basic medical insurance payments in the month. Workers and injured persons continue to enjoy basic health insurance treatment after the mandatory retirement age.
Article 338 (Discrimination 5 - 6)
Workers and injured persons were identified as five-level and sixth-level disability, with the following treatment:
(i) A lump-sum grant from the work injury insurance fund. At the fifth level, the worker was injured for a 16-month working injury and paid his pay for the previous month; the sixth disability was 14 months;
(ii) Reservation of labour relations with the user unit and arrangements for appropriate work by the user unit. It is difficult to arrange for work by the user unit to grant the disability allowance by month. The five-tier disability is 70 per cent of the salary paid by the worker and the injured person prior to his injury; the sixth level of disability is 60 per cent. Payments of social contributions are also continued by the user units and workers. The actual amount of the disability allowance is lower than the minimum monthly wage rate for workers in this city and is filled by the user unit.
As a result of the work injury himself, the worker may either disband or terminate the labour relationship with the user unit and pay a one-time medical grant and disability employment grant by the user unit. The five-tier disability standard combined the average monthly salary for full-market-wide workers for 30 months; the six-tier disability is 25 months.
The treatment provided for in paragraph 2 of this article is not subject to the treatment provided for in paragraph 2 of this article because of the retirement or death of workers.
Article 39 (Discrimination 7 - 10)
Workers and injured persons were identified as being disabled by grades 7 to 10, with the following treatment:
(i) A lump-sum grant from the work injury insurance fund. The seven-month period of disability was injured by the worker's pay for the previous month; the eight-tier disability was 10 months; the nine-year disability was 8 months; the ten-year disability was 6 months;
(ii) The expiry of the labour contract or the dismissal of the labour contract by the worker himself, and the payment of a one-time medical grant and disability employment benefits by the user unit. At the seventh level, the two grant criteria were combined with the average monthly salary of all urban workers for a period of 20 months; the eight-tier disability was 15 months; the nine-year disability was 10 months; and the ten-year disability rate was 5 months.
The treatment provided for in paragraph 1 (ii) of this article is not subject to the treatment provided for in paragraph 1 (b) of this article owing to the retirement or death of workers.
Article 40
The work injury was recovered and, as confirmed by the Identification Commission, was required to receive work injury insurance treatment under articles 31 to 33 of the scheme.
Workers and injured in connection with the removal or termination of labour relations with an agent's unit and in accordance with the provisions of this scheme receive a lump-sum medical and disability employment benefits, no longer enjoy the treatment provided for in articles 31 to 33 of this scheme.
Article 40
As a result of the death of the practitioners, their immediate relatives receive burial benefits from the work injury insurance fund, pension benefits for relatives and one-time work-life benefits, as set out below:
(i) The funeral grant is the average monthly salary for all-urban workers in the previous six months of the death of practitioners;
(ii) The pension of relatives for the benefit of the family is provided by a certain proportion of the salary paid by the practitioners themselves for the month prior to the death of the worker, to the parent of the main source of life and the family with no labour capacity. Of these, 40 per cent of spouses per month and 30 per month for each other's relatives; 10 per cent increase on the basis of the above-mentioned criteria per person who is unaccompanied or orphaned. The approved pension for the raising of relatives and shall not be higher than the remuneration paid by the practitioners prior to the death of the worker;
(iii) A one-time work surviving benefits are the average monthly salary of practitioners for the last 50 months of their work.
Workers and wounded died during the suspension of work during the period of staying, and their immediate family members receive the treatment provided for in paragraph 1 of this article.
Workers and injured at the level to four levels die after the expiry of the life leave period, their immediate family can receive the treatment provided in paragraph 1 (a) and (ii) of this article; in the case of death after the monthly pension, the funeral grant paid by the old-age insurance fund is less than the standard in paragraph 1 (i) of this article, which should be filled by the injury insurance fund.
The specific scope for foster relatives is implemented in accordance with the relevant national provisions.
Article 42
Article 37, paragraph 1 (a) and (ii), article 38, paragraph 1 (i), article 39, paragraph 1 (i) and article 41, paragraph 1 (ii), of this scheme, determine the average monthly salary rate of workers or employees who have been injured by the worker or who have died prior to the injury or death of the worker, in accordance with the average monthly salary standards for the full month of the employee of the previous year.
Article 43
The criteria for disability benefits, for raising the family's pension, and for living care are adjusted in due course by the Urban Labour Guarantee Agency in accordance with the average salary of the entire city employee and changes in the consumer price index. Adjustments were developed by the Municipal Labour Security Agency, followed by the approval of the municipal government.
Article 44
As a result of work injury caused by a motor vehicle accident or other third-party civil abuse, a person's unit or the work injury insurance fund shall be paid in accordance with the work injury insurance treatment provided under this scheme, and the worker or his immediate family shall be reimbursed accordingly after obtaining civil compensation such as a motor vehicle accident.
Article 42 (Discrimination of persons who have been affected by accidents outside the work or by the seizure of a disaster)
Practitioners have incurred accidents during their work or have been left unaccounted for in the context of a risk-recovery, paying from the accident for a period of three months after the incident, from the 4 months of the suspension of wages and from the work injury insurance fund to pay their relatives for the payment of their pension payments in accordance with the criteria set out in article 41, paragraph 1 (ii) of this scheme. There are difficulties in living and 50 per cent of one-time surviving benefits can be expected. The practitioners have been declared dead by the People's Court and are dealt with in accordance with article 41 of this approach.
Article 46 (Cessation of treatment)
There are one of the following cases in which workers and injured persons are stopped enjoying work injury insurance treatment:
(i) The loss of the conditions of treatment;
(ii) To reject the recognition of labour capacity;
(iii) To deny treatment;
(iv) The sentence is being executed.
Article 47
The sub-offices, mergers and transfers should assume the responsibility for work injury insurance for the former agent units.
The responsibility for work injury insurance is assumed by the unit of the worker's labour relationship.
The practitioners were injured during the secondment period by work-related accidents, which were assumed by the former agent's units to work injury insurance liabilities, but the former unit could agree with the secondment unit.
Insolvency in the enterprise, priority is given to the payment of the expenses of the insurance for work and injury paid by the unit in insolvency.
Article 48
Practitioners are dispatched to work on the basis that laws travelling to the country or area should participate in local work injury insurance, participate in local work injury insurance, suspend their domestic work injury insurance relations; they cannot participate in local work injury insurance, and their domestic work injury insurance relations are not suspended and are treated under this scheme.
Article 49
In the case of work injury or injury, the worker or his or her immediate family, the person's unit is involved in the conduct of work-related injury insurance treatment by the agency and provides the following:
(i) To complete the full application for work injury insurance treatment;
(ii) The payment of vouchers for work injury medical expenses;
(iii) Evidence of labour relations between workers and those responsible for work injury;
(iv) The identity of the person being treated and the evidence of the dependency relationship with the person killed;
(v) Distinguished or declaration of proof of death;
(vi) Other relevant materials.
The office shall, within 30 days of the date of receipt of the application for the treatment of work injury insurance, review the conditions for the worker or his or her family for the treatment of work injury insurance. In accordance with conditions, the criteria for their treatment were approved and paid in full on time; the conditions were not met and should be communicated in writing.
Chapter VI
Article 50
The user unit of a non-time practitioners should pay the paid worker's injury premium to the individual in the labour pay and be paid at his/her own expense in accordance with the scheme's operating injury premiums and rates.
Article 50
The working relationship with the user unit is implemented in accordance with the provisions of the Labour Contracts Regulations of the Shanghai City following the injury or occupational illness caused by the work of the non-first-time practitioners and the following work injury insurance:
(i) The treatment of work-related injury insurance payments made by the work injury insurance fund pursuant to this scheme;
(ii) The user units responsible for work injury shall not be less than the monthly minimum wage for the full-market worker, in the light of the scheme;
(iii) At the level of maiming and at the fourth level, the disability allowance enjoyed by the user units and workers responsible for work injury is based on a one-time payment of the basic medical insurance expenses to the workers' injury to the statutory retirement age and the basic health insurance treatment;
(iv) Disadvantages 5-10, a one-time medical grant and disability employment grant, in accordance with the standards set out in this scheme, is paid by the user unit responsible for work injury.
Article 52
Employees are employed by the employment-registered consortia, whose salary income is not taken into account in the payment base for the injury insurance of the agent's unit.
Accompanied workers may be treated for work injury insurance under this scheme, but the buoyage rate for the next year of the authorized unit of the agent is established by the institution.
Article 53
In the light of the contribution base and the proportion of work injury paid under this scheme, non-employment organizations may benefit from the treatment of work injury insurance payments paid by the work injury insurance fund following the payment of work injury insurance contributions.
Chapter VII Legal responsibility
Article 54
There are one of the following cases in which the staff of the executive branch are guaranteed by law, which is subject to administrative disposition; in serious circumstances, constitutes a crime and is held criminally by law:
(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 55
A unit or a person violates the provisions of the expropriation of work injury insurance fund, which constitutes a criminal offence and is criminalized by law; it is not yet a crime and is subject to administrative or disciplinary action by law. The funds transferred were recovered by the Municipal Labour Security Agency and incorporated into the work injury insurance fund.
One of the following acts by the Office of Internal Oversight Services is to be rectified by the municipal Labour Guarantee Bureau and to disciplinary action against the competent and other responsible persons directly responsible by law; serious circumstances constitute criminal liability under the law; causing the economic loss of the parties, which is subject to the legal liability of the institution.
(i) No record of the receipt of work injury insurance treatment by the depository's unit and the worker injury;
(ii) The treatment of approved work injury insurance, as prescribed;
(iii) The receipt of the property of the party.
Article 56
(b) In the event of a serious nature, constituting an offence, a subsidiary body to deceive the expenses of the work injury insurance fund, which is returned by the Municipal Labour Security Agency for a period of up to three times the amount;
Article 57
The organization or individuals involved in the identification of labour capacity are one of the following cases, which is being restructured by the CEP and fined by more than 1 million dollars in 2000; in serious circumstances, constitute a crime and hold criminal responsibility under the law:
(i) Provision of falsely validated opinions;
(ii) Provision of false diagnostic certificates;
(iii) The receipt of the property of the party.
Article 58
The user unit shall participate in the work injury insurance without participation or in the payment of the worker's injury insurance as prescribed by the Labour Guarantee Executive Order and shall be treated in accordance with the relevant provisions of the State Department's provisional regulations on social insurance payments, the Social Insurance for the Shanghai City. Work injury was incurred by practitioners who did not participate in work injury insurance or did not pay for work-related injury insurance contributions, during which work injury was paid by the user unit in accordance with the work injury insurance projects and standards set out in the scheme.
Article 59
Workers and injured persons are disputed with respect to the treatment of work injury by the user unit and are treated in accordance with the relevant provisions dealing with labour disputes.
Article sixtieth (Administrative review and administrative proceedings)
The units and individuals concerned are not consistent with the specific administrative acts provided by the Labour Guarantee Administration or by the Office of the United Nations High Commissioner for Human Rights under this scheme, and may apply for administrative review or administrative proceedings in accordance with the law.
Chapter VIII
Article 61 (Special provisions on the scope of application)
The State provides otherwise for work injury insurance for State organs, social groups, business units and non-commercial units, which are adjusted in accordance with national provisions.
Article 62 (Option of retirees)
Retirements employed by a user unit were injured and paid their work injury insurance treatment in the light of the scheme.
Article 63
This approach is followed by accident injuries or occupational illnesses, and by a user unit responsible for the payment of work-related injury insurance treatment, which is transferred to the specific scheme paid by the work injury insurance fund, which is developed by the Municipal Labour Security Agency and subsequently by the municipal government.
Until the specific approach is not implemented, the treatment of work-related injury insurance under this article is still paid by the user's unit on the basis of the original method.
Article 64 (External practitioners' provisions)
The occupants' units use expatriate practitioners to carry out work-related injuries, in accordance with the provisions of the Provisional Insurance Scheme for Foreign practitioners in Shanghai City.
Article 65 (Representation provisions)
The occupants' units participating in rural social old-age insurance and their practitioners do not participate in work injury insurance under this scheme. In the event of work injury, the user unit pays its work injury insurance treatment in the light of this approach.
Article 46 (As of implementation)
This approach has been implemented effective 1 July 2004.
The matter relating to the determination of work injury, the identification of labour capacities and the enjoyment of the treatment of work injury insurance, effective 1 January 2004, is implemented in accordance with the provisions of this approach.