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(The 47th ordinary meeting of the Government of the Shanghai City of 23 August 2004 considered the adoption of Decree No. 34 of 30 August 2004 on the date of publication) of the People's Government of Shanghai. The Government of the city decided to amend the provisional scheme for the integrated insurance of external practitioners in the Shanghai City as follows: Paragraph 1 of Article 3 reads as follows: In the city's executive region, the use of State bodies, social groups, businesses (including field construction enterprises), business units, non-commercial units, individual economic organizations (hereinafter referred to as a user unit) and their use of external practitioners and non-united external practitioners is applied. Article 4, paragraph 2, was amended to read: The Urban Construction and Management Commission, in collaboration with the Ministry of Labour and Social Security, is responsible for the organization of the construction of an integrated insurance for external practitioners in enterprises. The sectors such as municipal public safety, finance, business and health are in line with their respective responsibilities for integrated insurance management. Article 6, paragraph 1, and paragraph 2, was amended to read: The user unit should conduct comprehensive insurance registration procedures within 30 days of the date of operation of the scheme for external employment management agencies. The use of external practitioners or the user units entering the construction of the city should be carried out within 30 days of the date of the use of external practitioners for comprehensive insurance registration. Unstructured external practitioners should be able to conduct comprehensive insurance registration procedures for external employment management agencies. Paragraphs Page Entities and non-united external practitioners should pay an integrated premium to the employment management authorities in the city on a monthly basis, starting with the comprehensive insurance registration process. Paragraph 2 of Article 9. In the case of a person's unit and a non-conductor external practitioners, the contributions were paid in accordance with the proportion of 12.5 per cent of the contributions base. Of these, the proportion of contributions from field construction enterprises was 5.5 per cent. Article 11, paragraph 1, was amended to read: The Integrated Insurance Fund was established in this city. The Integrated Insurance Fund is mainly used to pay and operating expenses for integrated insurance treatment. Article 16, paragraph 1, was amended to read: In the case of one year of continuous payment by a person's unit and a non-united external practitioners, external practitioners can receive an old-age subsidy certificate of 7 per cent of their actual contributions base. Paragraphs Page External practitioners who meet the conditions set forth in Articles 14, 15 and 16 of this approach may consult their own identity cards, labour manuals, old-age subsidy vouchers and related supporting materials for the treatment of work injury (or accidental injury), inpatient medical treatment or old-age subsidies. Paragraphs Page The Labour Guarantees Administration shall be responsible for the payment of its deadline for the user units that do not pay the combined contributions as required and for the non-consistency of external practitioners, which are not paid at the date of the payment, receive a lag of 2 per person per day and may impose a fine of one to two times the amount paid by each person. The Labour Security Administration may apply to the People's Court for enforcement by law for the delay in the payment of the combined insurance, lag or fine. This decision is implemented from the date of publication. The Provisional Scheme for Integrated Insurance for Foreign practitioners in the Shanghai City was re-issued following the consequential changes in this decision. Annex: Provisional insurance scheme for external practitioners in Shanghai City (Amendment 2004) (Act No. 123 of 22 July 2002 of the Supreme People's Government Ordinance No. 123 of 30 August 2004 Amendments to the Decision of the Government of the Shanghai City to amend the provisional insurance scheme for external practitioners in the Shanghai City) Article 1 In order to guarantee the legitimate rights and interests of foreign practitioners, normative units use work, maintain the labour market order in the city, and develop this approach in accordance with the practice of the city. Article 2 The comprehensive insurance of external practitioners referred to in this approach (hereinafter referred to as integrated insurance), includes three insurance treatments such as work injury (or accidental injury), inpatient medical and old-age subsidies. This approach refers to external practitioners who are eligible for employment in the city, who are employed in the overseas provinces of the city, business, but do not have a permanent household in the city, self-governing areas, and in the immediate municipalities. Article 3 In the city's executive region, the use of State bodies, social groups, businesses (including field construction enterprises), business units, non-commercial units, individual economic organizations (hereinafter referred to as a user unit) and their use of external practitioners and non-united external practitioners is applied. The following external practitioners do not apply this approach: (i) Persons engaged in domestic services; (ii) Persons engaged in agricultural work; (iii) Persons introduced in accordance with the provisional provisions of the introduction of talents for the implementation of the residence permit in the Shanghai City. Article IV (Management) The Ministry of Labour and Social Security is the administrative authority for integrated insurance in the city and is responsible for the uniform management of integrated insurance. The Employment Management Authority of Foreign Personnel, which is a part of the executive branch, is responsible for the specific management of integrated insurance. The Urban Construction and Management Commission, in collaboration with the Ministry of Labour and Social Security, is responsible for the organization of the construction of an integrated insurance for external practitioners in enterprises. The sectors such as municipal public safety, finance, business and health are in line with their respective responsibilities for integrated insurance management. Article 5 In accordance with this approach, the user unit and the non-united external practitioners pay the combined premium. Article 6 The user unit should conduct comprehensive insurance registration procedures within 30 days of the date of operation of the scheme for external employment management agencies. The use of external practitioners or the user units entering the construction of the city should be carried out within 30 days of the date of the use of external practitioners for comprehensive insurance registration. Unstructured external practitioners should be able to conduct comprehensive insurance registration procedures for external employment management agencies. Specific registrations of integrated insurance are provided by the Municipal Labour and Social Security Agency. Article 7 A person's unit shall terminate or relocate the city by law or change in the case of a comprehensive insurance registration, and shall, within 30 days of the date of the occurrence of the relevant circumstances, proceed with the cancellation or modification of registration procedures by the original registration body. Unstructured external practitioners are not subject to changes in the business or in integrated insurance registration matters in this city and should be sent to the original registration body for write-off or modification of registration procedures. Article 8 Entities and non-united external practitioners should pay an integrated premium to the employment management authorities in the city on a monthly basis, starting with the comprehensive insurance registration process. Article 9 The unit pays the base of the combined insurance rate, which is 60 per cent of the average monthly salary for its employed external practitioners over the year. Ununited external practitioners pay the base of the combined insurance rate of 60 per cent of the average monthly salary for the previous year's full-market workers. In the case of a person's unit and a non-conductor external practitioners, the contributions were paid in accordance with the proportion of 12.5 per cent of the contributions base. Of these, the proportion of contributions from field construction enterprises was 5.5 per cent. Article 10 The combined contributions paid by the user unit are charged on the basis of the channels provided by the financial sector. Article 11 (Up of the Fund) The Integrated Insurance Fund was established in this city. The Integrated Insurance Fund is mainly used to pay and operating expenses for integrated insurance treatment. The proportion of contributions could be adjusted when the Integrated Insurance Fund was not used. Adjustments to the proportion of contributions are made by the Ministry of Labour and Social Security, which is followed by the approval of the municipal government. Article 12 (Management of funds) The Integrated Insurance Fund is centrally managed, single-independent, exclusive, and any sector, unit and individual may not be borrowed, diverted and seized. The Integrated Insurance Fund is subject to the supervision of the financial, audit and inspection sectors by law. Article 13 In accordance with this approach, the obligation to pay is fulfilled, and in accordance with the following provisions: (i) External practitioners employed by a person's unit enjoy three treatments for work injury, inpatient medical care and old-age benefits; (ii) Outstanding external practitioners enjoy three treatments for accidental injury, inpatient medical care and old-age benefits; (iii) External practitioners in construction enterprises in the field enjoy both work injury and inpatient medical treatment. Article 14. External practitioners, non-united external practitioners used by a person's unit in the event of accidents (or accidental injury) during their participation in the integrated insurance, occupational illnesses are treated with work injury (or accidental injury) in the light of the worker injury treatment standards set by this city. An insurance payment for work injury (or accidental injury). Article 15 Outpatient medical costs incurred during the participation of external practitioners for illness or for non-worker injury during the integrated insurance period are covered by external practitioners in part of the payment standard, with over 80 per cent of the payment standard and 20 per cent for external practitioners. The rate of payment for hospitalization is 10 per cent of the average annual average salary for all workers in the previous year. (b) The maximum annual average annual salary of full-time workers for up to three months of continuous payment; Article 16 In the case of one year of continuous payment by a person's unit and a non-united external practitioners, external practitioners can receive an old-age subsidy certificate of 7 per cent of their actual contributions base. Foreign practitioners are able to deliver old-age benefits on a one-time basis from an old-age subsidy voucher when they reach the age of 60 years for males and 50 years for females. Article 17 External practitioners who meet the conditions set forth in Articles 14, 15 and 16 of this approach may consult their own identity cards, labour manuals, old-age subsidy vouchers and related supporting materials for the treatment of work injury (or accidental injury), inpatient medical treatment or old-age subsidies. Article 18 The Integrated Insurance Fund is paid by the external employment administration. The Integrated Insurance Fund may also be entrusted with the payment and operation of insurance companies in accordance with the relevant provisions of the State and the city and in accordance with the standards set out in this scheme. Article 19 The labour inspectorate, affiliated to the executive branch, is responsible for monitoring the payment of the combined insurance. The Labour Guarantees Administration shall be responsible for the payment of its deadline for the user units that do not pay the combined contributions as required and for the non-consistency of external practitioners, which are not paid at the date of the payment, receive a lag of 2 per person per day and may impose a fine of one to two times the amount paid by each person. The Labour Security Administration may apply to the People's Court for enforcement by law for the delay in the payment of the combined insurance, lag or fine. In advance of the payment of combined insurance contributions, the costs incurred by outside practitioners for work injury (or accidental injury), inpatient costs are borne by the user unit in accordance with the standards set out in this scheme or by the individual non-united external practitioners. Article 20 (Report) Any organization and individuals have the right to report to the executive branch on violations committed by the combined insurance. The Labour Security Administration should investigate reports in a timely manner, deal with them in accordance with the provisions and keep the reporting person confidential. Article 21 Foreign practitioners and agents may apply to the Labour Dispute Conciliation Commission for conciliation in the event of controversy with respect to the payment of the combined insurance premium, or directly to the Labour Dispute Arbitration Commission for arbitration. The decision is not uniform and can be brought before the People's Court by law. Article 22 The executive rules of this approach are developed by the Ministry of Labour and Social Security. Article 23. This approach has been implemented effective 1 September 2002. |
