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In Shaanxi Province, The Implementation Of The Measures Of Work-Related Injury Insurance Ordinance

Original Language Title: 陕西省实施《工伤保险条例》办法

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(Act No. 97 of the People's Government Order No. 97 of 2 April 2004 in Chungi Province, which came into force on 1 June 2004)

Article 1 establishes this approach in the light of the State Department's Regulations on Work injury Insurance (hereinafter referred to as the Regulations).
Article 2
Article 3
Article IV provides for the integration of the Workers and Injuries Insurance Fund in the municipalities where it is established, with the exception provided by the State.
Article 5
The Labour Guarantees Administration and Finance, the Audit Administration, in accordance with the Regulations and the scheme, oversees the income and expenditure of the Industrial Insurance Fund and the management situation.
Article 6. The office shall determine the initial payment rate of the user's unit, based on the conditions of the business registration of the user unit and the major production operation. The production of a user unit is operating across the industry and the payment rate is determined in accordance with the high-risk industry.
The office shall, in accordance with the circumstances of the use, incidence of work injury and the level of occupational illness, make recommendations for the adjustment of the user unit rate, adjusted the rate of contributions of the user unit after approval by the Integrated Area Labour Guarantee Administration.
Article 7.
(i) The total monthly average salary of the employee of the unit is paid at the unit rate of contributions and the individual worker is not paid.
(ii) The average monthly salary of the employee of the user unit is less than 60 per cent of the average monthly salary of the previous employee at the location, 60 per cent of the average monthly salary of the employee at the location, up from 30 per cent of the average monthly salary of the employee at the seat, and 30 per cent of the average monthly salary of the employee at the location as a contribution base, exceeding the non-payment of some of the agent units.
(iii) Individual commercial and industrial workers with employment are paying the annual average monthly wage of employees at the location.
Article 8
(i) Medical injury;
(ii) The disability allowance for work injury at the first to four levels;
(iii) One-time disability grant;
(iv) The cost of living care;
(v) The funeral grant;
(vi) The pension of relatives;
(vii) A lump-sum benefit;
(viii) Acillary equipment;
(ix) Costs for work injury recovery;
(x) Accreditation fees for working injury workers' labour capacity;
(xi) Other costs under laws, regulations.
Article 9. The unpaid work injury insurance by the user unit has been paid by the worker and the employee who paid work injury for the treatment of the work injury insurance and the injury incurred during the unpaid period, which is paid by the agent's unit in accordance with the projects and standards set out in the Regulations and the present methodology, and subsequently paid by the work injury insurance fund.
Article 10. The integrated area should refer to 10 per cent of the work injury insurance funds collected in the year to establish a risk reserve for work injury insurance treatment for major accidents in the region. The specific approach to the use of the risk reserve was developed by the Ministry of Labour Security of the Provincial People's Government with the financial administration.
Article 11. The applicant shall submit an application for the determination of employment injury to the executive branch of the integrated area of labour security registered in the work injury insurance, in accordance with the provisions of the Regulations and the Work injury determination method. The following cases should provide relevant documentation:
(i) As a result of the injury caused by the traffic accident, the relevant evidence, such as the identification of the responsibility of the transport administration or other effective legal instruments;
(ii) Be harmed in the maintenance of national interests, public interest activities, such as the seizure of disaster, by submitting evidence from the relevant sectors of the Government of the people at the district level above;
(iii) To submit proof of the public security sector, judgement of the People's Court or other evidence due to violence in the performance of its duties;
(iv) Removal of public, war-related, demobilization and reintegration of former veterans, presentation to the Civil Affairs Department of the Revolution maiming of military certificates, as well as the confirmation by the Labour Capacity Identification Commission of old injuries;
(v) Death of sudden diseases during the work period and submission of death certificates from medical institutions;
(vi) In the course of work, the whereabouts of the accident are unknown to the people's courts to pronounce the death judgement.
Article 12. The material provided by the applicant is incomplete, and the labour security administration should, within 15 days, communicate to the applicant the full material that is needed. The applicant shall supplement all the material from 30 days of the date of the communication.
The time frame for dealing with labour relations in accordance with statutory procedures is not calculated within the time period determined by the injury.
The Labour Capacity Identification Commission in provincial and district municipalities should establish a pool of health specialists. The Labour Capacity Identification Commission is located in the same-level labour security administration in provincial and district municipalities.
Article 14.
(i) Identification of the level of labour functional barriers;
(ii) Identification of the level of self-pace barriers;
(iii) Recognition of the extension of the duration of the work stay;
(iv) Confirmation of illness resulting directly from work injury;
(v) Confirmation of a supporting tool;
(vi) Accreditation for the full loss of labour capacity by relatives;
(vii) Other matters under the law, legislation and regulations.
Article 15. The applicant shall submit information on the determination, diagnostic certificates, inspection findings, treatment of illnesses, etc., when applying to the Commission for the identification of labour capacity in the area. In the opinion of the applicant, the injury caused directly to other diseases, the applicant should also submit the relevant evidence from the medical facility for work injury.
Article 16 quantification of the initial labour capacity of workers and injuries, which directly result in disease recognition, the identification of auxiliary devices and the full loss of labour capacity for foster relatives, are charged by the work injury insurance fund; re-identification or review of the costs incurred by the applicant, and the identification of the undisplaced costs of the finding changes to be paid by the work injury insurance fund; the cost of the extension of the work leave period is borne by the user units. The cost of identification is borne by the user's unit without participating in the injury insurance or in full payment of the injury.
Labour fees are established by the Ministry of Labour Security of the Government of the Provincial People, with the financial, price administration.
Article 17 deals with the management of work injury services, which is developed by the Government of the Provincial People's Labour Guarantees Administration in accordance with national provisions.
Article 18 Employees may not be removed or terminated in their labour relations during the suspension of their work. The duration of the work-related work was completed and the work-related medical facility was certified by the continuation of the leave and was extended under article 31 of the Regulations. The user unit does not agree with the extension, and the author's unit submits an application for confirmation to the Commission for the identification of municipal labour capacity in the established area. The author's unit did not make the request for confirmation, as agreed.
Article 19 shall apply for the benefit of a dependent family and shall be determined by the worker's death injury and shall provide the following material to the institution of the organization:
(i) Books, identity cards for the breadwinner;
(ii) The economic situation of the breadwinners provided by the street office of the breadwinner, the commune government;
(iii) Evidence from the civil affairs sector for the benefit of the elderly or orphaned;
(iv) Parents and public certificates for the surviving worker;
(v) The full loss of labour capacity by the breadwinner is required to submit the findings of the Commission's Labour Capacity Identification Commission.
Article 20 requires that workers be installed, equipped with supporting equipment, and recommended by the work-related health-care agency, and with the confirmation by the Labour Capacity Identification Commission that they be installed, equipped with the services of the workers' subsidiary bodies. Its costs are addressed directly by the Office of the United Nations High Commissioner for Human Rights and the Agency's services.
Article 21 Protection of workers and injured workers for the second month of the Commission's identification of conclusions.
Article 22, paras. At the time of the approval of the basic pension, the difference between the basic pension of the worker and the employee's basic pension below the disability allowance was partly filled by the work injury insurance fund.
Article 23, paragraphs 5 and 6 work injury workers may be removed from labour relations with the user's unit, which is based on the average monthly salary of the employed person at the location where the working relationship is dissolved, paying 24 months, 21 months of a one-time injury medical grant and 24 months and 21 months respectively.
Article 24, paragraphs 7 to 10, is one of the following cases where a one-time work injury medical grant and disability employment benefits are paid by a user unit to the employee:
(i) The voluntary removal of labour relations by themselves;
(ii) The removal of labour relations by a person unit in accordance with article 25 of the Labour Code;
(iii) End labour relations with the expiration of labour contracts.
A one-time work injury medical benefits and disability employment benefits are based on the average monthly salary of the previous employee at the location of the labour relationship. The standard for a one-time work injury medical grant is seven-15 months, eight-12 months, nine-months, 10 months, and one-time disability employment grant, respectively: Seventy-five months, eight 12 months, 9 months and 10 months.
Article 25 Employees are less than five years from the statutory retirement age, and one-time work injury medical benefits and disability employment benefits are paid by a 20 per cent reduction rate per year. However, less than 1 year of the statutory retirement age was paid by 10 per cent in full. Employees who have reached retirement age or are in the process of retirement are not granted a lump-sum medical benefit and disability employment benefits.
Article 26 Insolvency, withdrawal, disbandment or closure of a person's unit, the written notice shall be given, within 15 days of the date of the notice, to the institution participating in the liquidation of the property and, in accordance with the law, shall assign priority to the cost of the treatment of work injury insurance paid by the agent's unit. Workers who receive disability benefits at the level of up to four levels, those who receive the benefits of the breadwinner and those who have been retired, are paid by the agency.
V-10 workers who do not meet the mandatory retirement age are paid by a person's unit in accordance with article 23 of this scheme and the criteria set out in article 24 of this scheme, a one-time medical injury and disability employment benefits and termination of the working injury insurance relationship.
Article 27, disability benefits for workers, living care fees, family pension benefits for the benefit of the extended family are adjusted for a period of 1 to 3 years, in accordance with the average salary and changes in living costs for local workers.
Under article 28, the employee had suffered work injury for a period of less than one year, and in the calculation of work-related injury treatment, monthly wages could be calculated at the average monthly wage base for the actual work; in the absence of monthly wages, the average monthly salary of the employee could be calculated at this unit.
Article 29 Employees who had been injured by accident or suffered by occupational illness prior to the implementation of the Regulations had been determined by work injury, whose treatment and payment channels were no longer altered, but had been involved in local disability benefits, living care and adjustments for family pension payments; and had not been determined by work injury and had been implemented in accordance with the provisions of the Regulations and the scheme.
Article 33