Shanghai, Shanghai Municipal People's Government On The Revision Of The Foreign Employees The Decision Of Interim Measures For The Comprehensive Insurance

Original Language Title: 上海市人民政府关于修改《上海市外来从业人员综合保险暂行办法》的决定

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(August 23, 2004 Shanghai City Government 47th times Executive Conference considered through August 30, 2004 Shanghai City Government 34th, makes released since released of day up purposes) City Government decided, on Shanghai City foreign practitioners integrated insurance provisional approach for following modified: a, and third article first paragraph modified for: this city administrative within, using foreign practitioners of State, and social groups, and Enterprise (including field construction enterprise), and institutions, and private non-enterprises, and
    Individual economic organizations (hereinafter referred to as the employer) and the use of external practitioners and non-practitioners of foreign, these measures shall apply. Second, the fourth paragraph is amended as: municipal construction and Management Commission, in concert with the municipal labor and Social Security Bureau is responsible for construction enterprises in Shanghai in China foreign insurance organizations.
    Municipal public security, finance, Commerce, health and other sectors in accordance with their respective responsibilities, in collaboration with comprehensive insurance management. Third, sixth, first and second paragraphs be amended as: the employer shall from the date of implementation of this approach in the 30th, to the employment of foreign personnel management agency registration procedures for comprehensive insurance.
    Use of external practitioners or go to construction employers in the city, should use outside practitioners within 30th of, registration procedures for comprehensive insurance.
    No units of foreign practitioners, should be to the outside employment registration procedures for comprehensive insurance management institutions.
    Four, eighth revised as follows: the employer and no units of foreign employees shall with effect from registration procedures for comprehensive insurance for the current month, monthly employment service to city personnel paying comprehensive insurance. Five, Nineth article is revised as follows: employers and foreign workers with no units in accordance with the proportion of base pay 12.5% pay comprehensive insurance.
    Among them, the 5.5% of payment in construction enterprises in the field. Six, 11th paragraph modified as follows: the city establish a comprehensive insurance fund.
    Comprehensive insurance fund is mainly used for comprehensive treatment of insurance payments and operating costs.
    Seven, the 16th article is revised as follows: employers and foreign workers pay for less than a year in a row with no units, foreign workers can get old-age subsidy certificate, its quota for your actual contribution base of 7%.
    Eight, 17th revised as follows: subject to this article 14th, 15th, 16th foreign practitioners of prescribed conditions, can present their identity cards, manual labor, elderly subsidy vouchers and related documents, and handle work-related injury (or injury), hospitalization or treatment of old-age subsidy procedures. Nine, and 19th article second paragraph modified for: on not by provides paid integrated premium of employing units and no units of foreign practitioners, labor guarantees administrative sector should ordered its deadline fill paid; late still not paid of, from owes paid of day up, by day added received 2 ‰ of late fees, and can on employing units sentenced per person not paid amount a to twice times of fine.
    On comprehensive insurance, late fees, or refusing to pay overdue fines, administrative departments of labor security may apply to the Court for enforcement. Purposes from the date of publication of this decision.

    Shanghai foreign practitioners of the interim measures for the comprehensive insurance accordingly modified according to this decision, publish it again.
    Attached: Shanghai City foreign practitioners integrated insurance provisional approach (2004 amendment this) (July 22, 2002 Shanghai City Government makes 123th, released according to August 30, 2004 Shanghai City Government on modified straddling Shanghai City foreign practitioners integrated insurance provisional approach of decided Amendment) first article (purpose) to guarantees foreign practitioners of lawful rights and interests of, specification units labor behavior, maintenance this city labor market order, according to this city actual, developed this approach.
    Article (meaning) foreign practitioners of comprehensive insurance in these measures (hereinafter referred to as comprehensive insurance), including work-related injury (or injury), medical and old-age subsidy of the three in the hospital insurance benefits.
    Foreign employees in these measures refers to this, conditions of employment, migrant workers in this city, doing business, permanent residence, but they don't have the people of other provinces, autonomous regions and municipalities.
    Article III (scope of application) within the administrative area of the city, use of external employees of State organs, social organizations, enterprises (including in the field of construction enterprises), institutions, privately-run non-enterprise unit, individual economic organizations (hereinafter referred to as the employer) and the use of external practitioners and non-practitioners of foreign, these measures shall apply.
    Following foreign practitioners do not apply these measures: (a) persons in domestic service, (ii) persons engaged in agricultural work, (iii) in accordance with the talent the implementation of provisional regulations on residence permit system in Shanghai to introduce personnel. Fourth (management) municipal Bureau of labour and social security is the comprehensive insurance administrative departments, is responsible for the unified management of comprehensive insurance.
    Employment of foreign personnel of the administrative departments of labor security authority, responsible for comprehensive insurance management work. Municipal construction and Management Commission, in concert with the municipal labor and Social Security Bureau is responsible for construction enterprises in Shanghai in China foreign insurance organizations.
    Municipal public security, finance, Commerce, health and other sectors in accordance with their respective responsibilities, in collaboration with comprehensive insurance management.
    Fifth (payment) employers and foreign workers with no units in accordance with this regulation, to pay comprehensive insurance. Sixth (registration) the employer shall from the date of implementation of this approach in the 30th, to the employment of foreign personnel management agency registration procedures for comprehensive insurance.
    Use of external practitioners or go to construction employers in the city, should use outside practitioners within 30th of, registration procedures for comprehensive insurance.
    No units of foreign practitioners, should be to the outside employment registration procedures for comprehensive insurance management institutions.
    Comprehensive insurance for registered items, shall be determined separately by the municipal labor and Social Security Bureau.
    Seventh (cancellation and alteration) the employer terminate or move out of the city, or comprehensive insurance registration changes, should the situation occur within 30th of, to the original registration agency for cancellation or change of the registration.
    No units of foreign workers are not city employees or comprehensive insurance registration changes, time should be given to the original registration agency for cancellation or change of the registration.
    Eighth (terms of payment) the employer and no units of foreign employees shall with effect from registration procedures for comprehensive insurance for the current month, monthly employment service to city personnel paying comprehensive insurance. Nineth (base and scale) the employers pay the premiums for comprehensive base for its using the total number of foreign workers by more than the city's average monthly wage of employees 60%.
    No foreign employees pay premiums for comprehensive base units, last year the city's average monthly wage of employees 60%. Employers and foreign workers with no units in accordance with the proportion of base pay 12.5% pay comprehensive insurance.
    Among them, the 5.5% of payment in construction enterprises in the field.
    Tenth (comprehensive insurance of Liechtenstein) the employer pay comprehensive insurance premiums, in accordance with the financial institutions channel expenses. 11th (Fund) comprehensive insurance fund established in this city.
    Comprehensive insurance fund is mainly used for comprehensive treatment of insurance payments and operating costs. Comprehensive insurance fund is no longer enough, you can adjust the payment ratio.
    Fee adjustments proposed by the municipal Bureau of labor and social security, reported to the municipality for approval before implementation.
    12th (Fund management) integrated centralized management, a separate account, insurance funds earmarked any departments, units and individuals shall not be lent, misappropriation, embezzlement.
    Comprehensive insurance funds shall be subject to the financial, auditing, monitoring and oversight of the sector.
    13th article (enjoy treatment) in accordance with this approach provides perform payment obligations of, by following provides enjoy integrated insurance treatment: (a) employing units using of foreign practitioners, enjoy injury, and hospital medical and old subsidies three items treatment; (ii) no units of foreign practitioners, enjoy accident hurt, and hospital medical and old subsidies three items treatment; (three) field construction enterprise of foreign practitioners, enjoy injury, and hospital medical two items treatment. 14th (treatment of work-related injury or accident insurance) the employer uses external professionals in China, no units of foreign participation in the insurance accident occurred during (or injury), occupational diseases, a determination is made by the relevant departments and the ability to work after identification by reference to specified occupational standards for the treatment of, work-related injury (or injury) in insurance benefits.
    Work-related injury (or injury) insurance premiums paid. 15th (inpatient treatment) foreign practitioners participating in the insurance period due to illness or non-work-related injuries in hospital, hospital's standard of paying medical expenses in the following part of by external practitioners conceit; part above the payment standard, by the General Insurance Fund 80%, foreign practitioners to take 20%.
    On hospitalization expenses standard for annual average wage of workers in the city of 10%. Employing units and no units of foreign practitioners payment full three months of, enjoy hospital medical treatment of highest amount, for Shang annual city workers years average; continuous payment full six months of, enjoy hospital medical treatment of highest amount, for Shang annual city workers years average of twice times; continuous payment full nine months of, enjoy hospital medical treatment of highest amount, for Shang annual city workers years average of 3 times times; continuous payment full one years above of, enjoy hospital medical treatment of highest amount,
    Last year 4 times times the average wage of workers in the city.
    16th (treatment of old-age subsidy) the employers and foreign workers pay for less than a year in a row with no units, foreign workers can get old-age subsidy certificate, its quota for your actual contribution base of 7%.
    Foreign workers in males reaching the age of 60 and women 50 years of age, can elderly one-time cash subsidy vouchers old subsidies. 17th (treatment procedures for comprehensive insurance)

    Subject to this article 14th, 15th, 16th foreign practitioners of prescribed conditions, can present their identity cards, manual labor, elderly subsidy vouchers and related documents, and handle work-related injury (or injury), hospitalization or treatment of old-age subsidy procedures.
    18th (comprehensive insurance pays) comprehensive insurance premiums paid by the foreign workers employment service.
    Comprehensive insurance in accordance with the relevant provisions of the State and this municipality, and in accordance with the criteria set out in these measures, Commission payment and operation of insurance companies.
    19th (supervision) labor administrative departments of labor security supervision organs responsible for supervising the comprehensive payment of insurance premium checks. For not paying comprehensive insurance the employer and no foreign practitioners, labour and social security administrative departments shall instruct its deadline to pay; still fails to pay the overdue, from the date of default of payment, plus 2 of the daily late fee, and employers can be fined-twice times the amount unpaid fines.
    On comprehensive insurance, late fees, or refusing to pay overdue fines, administrative departments of labor security may apply to the Court for enforcement.
    Before the pay comprehensive insurance, foreign workers due to work-related injury (or injury), hospitalization expenses incurred, by the employer in accordance with the criteria set out in these measures assume no units or foreign practitioners of personal commitment. 20th (report) any organizations and individuals concerning violations of the comprehensive collection and payment of insurance has the right to report to the administrative departments of labor security.
    Should report to the administrative departments of labor security investigations in a timely manner, in accordance with the provisions of, and the informer confidential. 21st (disputes) for foreign employees and employers pay comprehensive insurance premium disputes, may apply to the labour disputes Mediation Committee mediation, or directly to a labour dispute arbitration Committee for arbitration.
    Not satisfied with the ruling and may initiate litigation to the people's Court according to law.
    22nd (implementing rules) the detailed rules for the implementation of this approach, developed by the municipal Bureau of labor and social security.
                                23rd (date) these measures shall take effect on September 1, 2002.

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