Key Benefits:
(Adopted at the 14th ordinary meeting of the Government of the Blue Sea on 14 May 2004, No. 42 of the Order of the People's Government of the Blue Sea of 19 May 2004 and published as of 1 July 2004) Chapter I General 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 All types of business workers and individual business workers in the administration of the province are entitled to work injury insurance treatment in accordance with the Regulations and the scheme. Individual business and industrial workers who are employed are involved in specific steps to work injury insurance, which are developed by the Provincial Government. Article 3. The provincial labour security administration is responsible for work injury insurance throughout the province. The Government's labour guarantees the executive branch responsible for work injury insurance in the present administration. The Social Insurance Agency (hereinafter referred to as the executing agency) conducts specific work injury insurance. Article IV Chapter II Work injury insurance fund Article 5 The work injury insurance of the Central Youth Industries Unit is integrated into provincial management. Article 6. The user unit shall be registered in accordance with the Regulations and this scheme for the conduct of work injury insurance by an agency in the integrated area, which shall be reviewed within 10 days of the date of receipt. Changes in the registration of injury insurance by a unit or termination by law shall be due to changes in or cancellation of work injury insurance by the institution of the organization within 30 days of the date of the change or termination. Article 7. The provincial Labour Guarantees Administration has established sectoral benchmarking standards with the provincial fiscal, health and safety management sector, in accordance with the conditions of work injury insurance, the incidence of work injuries, the level of occupational diseases, and the approval of the Government. In accordance with the business registration and operation of the user's unit, the office determines the type of industrial risk for the user unit. In accordance with the industrial benchmark rate, the initial payment rate of the user unit was determined, with the approval of the Integrated Area Labour Guarantee Administration, and after the approval of the Government. Article 8. The annual salary of the employee in the unit is less than 60 per cent of the average salary of the staff in the integrated area, with 60 per cent contributions, up from 30 per cent, and at 30 per cent. The contribution to work injury paid by the user unit is from the following charges for corporate management. Insolvency of the enterprise, in accordance with the actual costs paid by the work injury insurance fund during the previous year, a one-year insurance premium was paid from the asset to another in accordance with the statutory liquidation procedure. Article 9 In the category of industries, the rate was not buoyed at the industrial benchmark rate. Depending on the factors such as the use of injury premiums by the user's unit, the incidence of work injury and the level of occupational disease hazards, buoyed from 1 to 3 years. The specific approach to price buoys has been developed by the Integrated Regional Labour Administration with the same level of finance, health and safety regulation and reported to the provincial labour security administration. Article 10 (i) Employees' insurance contributions; (ii) Interest income earned on the work injury insurance fund; (iii) Other funds provided by law, regulations. Article 11 (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) Complete equipment; (ix) Costs for work injury recovery; (x) Accreditation of labour capacity and other identification fees associated with work injury; (xi) Other costs for work injury insurance under laws, regulations. Article 12 The percentage of the withdrawal of the reserve is based on 10 per cent of the actual fees incurred during the year of work injury insurance, which is used to pay for work-related injury insurance treatment for major accidents in the integrated area, as well as the payment of the annual work injury insurance fund over actual incomes. The work injury insurance fund was transferred in part to the work injury insurance reserve when the reserve was not paid by the Government of the Integrated Region. Chapter III Article 13 presents employment injury claims by a person's unit, a worker injured or his immediate family, a trade union organization (hereinafter referred to as the applicant) and shall be submitted to the integrated regional labour security administration in accordance with the time frame set out in Article 17 of the Regulations. As a result of traffic accidents, disappearances, accidents during public departures and other conditions that are temporarily not determined by prescribed time limits, the executive branch of the integrated area of labour guarantees agreed that the time period for application could be extended appropriately. Article 14. Requests for work injury determination shall be submitted to: (i) “Leal injury determination application form”; (ii) A copy of the labour contract or an effective certificate (including proof of labour relations); (iii) Injured workers' initial diagnostic certificates, or occupational diagnostic certificates (or occupational illness diagnostic certificates) granted by the Provincial Health Administration. Article 15 shall also provide relevant evidence: (i) Evidence submitted to the public security authorities and other effective evidence of an accidental injury, such as violence, to fulfil their duties; (ii) The fate of the disappearance of an accident during the outside of the work or in a risk response is unknown to the People's Court for the conclusion of the death; (iii) Injured by a motor vehicle accident, a certificate of responsibility for a public safety transport management or related unit should be submitted; (iv) Removal of old injuries by military personnel, submission of confirmations of the Revolutionary Military Liuation and the labour capacity to validate the Commission's old injuries; (v) Be harmed in the maintenance of State interests, public interest activities, to submit evidence from civil affairs or other relevant departments. The Labour Security Administration shall, after having received the applicant's employment injury determination, be promptly reviewed to the extent that the applicant's application is incomplete, and the labour security administration should communicate to the applicant the full material that the applicant needs to be filled in writing within 15 working days. After a written notification of the request to supplement the material, the labour security administration should be admissible. The Labour Security Administration shall make a decision on the determination of work injury within 60 days of receipt and shall issue the notice of the worker's injury to be sent to the person's unit, the worker or his or her immediate family and the institution. Article 17, the Labour Guarantees Administration may, in accordance with the evidence provided by the worker or his or her immediate family, make a finding of the worker's injury in accordance with the law after the investigation verification. Chapter IV Article 18 The Office of the Labour Capacity Identification Commission is located in the same-tiered labour security administration, responsible for the day-to-day work identified by the labour capacity. The Commission has the following responsibilities: (i) Level of identification (i.e., disability classification); (ii) A hierarchy of living barriers; (iii) Extensive confirmation of the duration of work staying; (iv) Accreditation of a supporting tool; (v) Reconfirmation of old injury; (vi) Confirmation of the link between sickness and work injury; (vii) Employers for the sole loss of their labour capacity. Article 19 The Commission shall establish a pool of health-care experts, in accordance with article 24 of the Regulations, to include experts in the expert pool, who shall be elected by the Commission. It should be avoided by the membership of the Labour Capacity Identification Commission or by participating in the identification of experts in the interest of the parties. Article 20, when workers and employees have a disability impact on the labour capacity following the relative stability of treatment and injury, shall submit a written application to the Integrated Regional Labour Capacity Identification Commission for the identification of their labour capacity and submit the following materials: (i) The letter of work injury determination; (ii) The Labour Capacity Identification Table; (iii) Disadvantages, diagnostic certificates, inspection and testing materials from work-related medical institutions; (iv) Working capacity identification of other materials provided by the Commission. Article 21, after having received a labour capacity identification request, the Labour Capacity Identification Commission concluded its conclusions and the relevant confirmations in accordance with the procedure set out in article 25 of the Regulations, and issued a Work injury certificate by the Labour Security Administration. The Labour Capacity Identification Table is maintained by the user unit and the office agency respectively, and the Workers' Guardian's Witnesses. In accordance with article 26 of the Regulations, the applicant's identification of the State (territorial, municipal) Labour Capacity Identification Commission is inconsistency and may submit a re-identification application to the Provincial Commission for the Identification of Labour Capacities, which is ultimately concluded. The Provincial Commission for the Identification of Labour Capacities was found to be inadmissible. Changes in the disability of workers require review, in accordance with article 28 of the Regulations. Article 23. The application for re-identification or review of the findings of their identification, as well as the identification of illness and work injury without direct cause and causation, is borne by the applicant. Chapter V Article 24 requires the suspension of the treatment of work-related injury workers and, in accordance with article 31 of the Regulations, the treatment of the duration of the suspension. The specific provision for the duration of the work stays is made by the provincial labour security administration. Employees may not remove or terminate labour relations with them during the suspension of their work. Article 25 Employees who have been injured shall send them to the medical facility for medical care in a timely manner, when the situation is emergency, they may be taken to rescue near-medical institutions and be transferred to the medical facility for injury. In the field hospitals, the user units should report to the institution within 15 days of the injury. The cost of treatment for work injury is in line with the standard of the directory of work injury and is paid by the work injury insurance fund. The health-care facility shall receive the consent of the worker or his family for the treatment of work injury beyond the medical directory of the work injury and shall be borne by the worker. Article 26 Retirement of work injury to workers (removal of old-injured military personnel containing the revolution), and the Medical Agency for Work-related Injuries issued diagnostic certificates that the Labour Capacity Identification Commission confirmed that the medical treatment of workers and injuries could be enjoyed. There is a need to put an end to the treatment of work, which can be treated for the duration of work. The medical treatment needs to be returned to the home, and a medical facility shall be chosen in his or her long-term residence as a medical facility for medical work injury, by a user unit to the institution for approval. The work injury and medical expenses incurred without the approval of the agreement are not covered by the work injury insurance fund. Article 27 provides for the rehabilitation of workers and injured workers, with the advice of the medical institution, with the approval of the office and the treatment of the designated rehabilitation facility. Article 28 Employees or their immediate family apply for work injury insurance treatment, which is submitted by the user unit to the institution of the Agency for the treatment of work injury insurance, the notice of work injury, the work injury certificate, the work injury certificate, the labour competency assessment form. The user unit refused to submit an application for the treatment of work injury insurance, and the worker or his immediate family could submit a request for treatment for work injury insurance directly to the institution. The following supplementary materials are submitted in accordance with the requested treatment project for the benefit of the extended family: (i) Survival certificates, identity cards, public safety and household management of the breadwinner; (ii) The communes' Government and the street offices have proven to have no means of life; (iii) Evidence from the civil service of unaccompanied or orphaned children; (iv) The relationship between parenthood and children; (v) Confirmation of the full loss of labour capacity by relatives; (vi) Other material provided by the Labour Safety Administration. Article 29, after the acceptance of the applicant's submission, shall be completed within 15 days and shall be implemented in accordance with the provisions. The disability allowance, living care fees, pension benefits for the dependent family and a one-time disability grant should be paid, starting in the month of the Board's findings. Article 31 Staff members who require installation or installation of support equipment for daily or employment needs, with recommendations from the work-related medical institutions, and with the confirmation by the Labour Capacity Identification Commission, are installed or equipped to the established subsidiary body. The cost of installing or equipping a subsidiary body is paid from the work injury insurance fund. Article 31 is determined as a result of the worker's disability at the first to four levels, with the payment of basic old-age premiums and basic health insurance fees to the retirement age by the user unit and the worker in his or her disability allowance. The disability allowance is deducted from the payment of basic old-age premiums, basic medical insurance expenses, which are actually paid less than the standard of minimum wages in the integrated area, and is supplemented by the work injury insurance fund. The scheme has been followed up by one to four work-related injury workers prior to the implementation of the scheme, without disability benefits, access to basic old-age insurance treatment, which is in line with other work injury insurance benefits. The retirement age of one to four workers or the closure of the business by law, the insolvency shall be subject to retirement proceedings and the suspension of the disability allowance shall enjoy the basic pension insurance treatment. The approved basic old-age insurance treatment is less than the disability allowance, which is filled by the work injury insurance fund. Other work injury insurance treatment is paid by the work injury insurance fund. Article 32 defines the worker's disability as between 5 and 10 years, and the person's unit and the disability worker shall pay social insurance to the age of retirement in accordance with his or her disability allowance or salary. After deduction of the social contributions paid by himself, the disability allowance or the actual payment of wages is less than the standard of minimum wages in the integrated area, which is filled by the user unit. Article 33, paragraphs 5 to 10 of the labour contract for workers injured by workers or by themselves proposing the removal or termination of labour relations with the user's unit, shall pay a one-time medical injury and disability employment grant, and two merger calculations shall be based on 30 months to 15 months of the salary of the worker when the labour relationship is terminated or terminated. Of these, five were 30 months, at 627 months, at seven 24 months, at 821 months, at 918 months and at 10 15 months. In the event of termination or dissolution of labour relations, workers are injured by less than five years of age, a one-time medical injury and disability employment benefits are paid by 80 per cent of the amount, less than 60 per cent for a four-year period, less than 40 per cent for three years, less than 20 per cent for two years and less than 10 per cent for a year. Workers who work injury to the age of retirement or work in the process of retirement are not paid by a person's unit for a one-time medical injury and disability employment benefits. In the case of a one-time work injury medical grant and disability employment grant, a termination of the work injury insurance relationship with the user unit and the office of the institution was made public by the public certificate. In accordance with the treatment of unemployment insurance, unemployment insurance treatment is provided. New work injury after re-employment has been reinstated, in accordance with the Regulations and the scheme, in order to carry out work injury determinations and labour capacity identification procedures in the process. Article XV Deaths of workers, which is paid in accordance with article 37 of the Regulations, the criterion for a one-time surviving grant is calculated at 54 months of the average monthly salary of employees in an integrated area. Article 36 closed and insolvency, socialized management services should be implemented through the transfer of one to four employees, the benefit of the extended family pensioner to the long-term residence street or town labour security services. The treatment of work-related injury insurance in line with the work injury insurance fund's payment is granted by the agency. In the absence of a five to ten-year-old worker and an agent's removal from the labour relationship, a lump-sum medical grant and disability employment grant was paid by a user unit in accordance with the criteria set out in article 33 of this scheme and terminated the working injury insurance relationship. Article 37 Disability benefits, pension payments for foster relatives, living care fees, etc., by the provincial labour security administration and the financial sector, in accordance with the average wage and changes in life costs for all-provincial workers, the adjustment programmes are presented at a time when appropriate, and the provincial government is approved. Other costs for the treatment of work injury insurance are paid by the user unit. The user unit reminds the Labour Identification Commission to confirm whether the worker has extended the pay period for the work injury and that the cost is paid by the user unit. Chapter VI Oversight management In accordance with the characteristics of accidents and occupational diseases in the province's administration, the provincial labour security administration has developed a health-care management approach for work injury insurance, integrated planning and identification of medical institutions, rehabilitation agencies and supporting equipment, which will enhance the supervision of health, drug control management, price-related institutions. The State (local, municipal) labour security administration, in accordance with the needs of work injury insurance, has been identified in the integrated region as a health-care institution for work injury insurance, with the relevant sectors such as local health, drug control management, price enhancements to the supervision of local work injury insurance medical services. The executive branch at all levels should conduct research and injury prevention campaigns with the relevant departments to prevent or reduce the occurrence of work injury and occupational diseases. Article 40 Integral institutions shall enter into service agreements, specify the rights and obligations of both parties and make them available to society in a timely manner. Article 40 Medical institutions, rehabilitation agencies and supporting equipment should strictly adhere to the provisions of the work injury insurance, provide good medical services for workers and work injury insurance in conjunction with the labour security administration, as well as the labour-capacity identification body, and the Agency for Work injury insurance. Chapter VII Article 42, which occurred prior to 31 December 2003, was determined by work injury and the treatment of workers and the means of payment were carried out in accordance with the relevant provisions. It is still in line with the payment of work injury benefits, the cost of living care, the payment of pension benefits for the dependent family, the condition for the recovery of medical expenses from the social integration of the work-related injury insurance, which is paid by the work injury insurance fund and has not been recovered in the past. The treatment of work-related injury insurance during the unpaid work-related insurance rate was paid by the user unit in full. Failure to participate in the social integration of work injury insurance is paid by the user unit. Article 43 XIII of the employee's work was not carried out for a year and, in calculating the treatment of work injury insurance, monthly wages could be calculated in accordance with the average monthly salary for the actual month of work; and in the absence of monthly wages, the average monthly salary of the employee could be calculated in accordance with the average monthly salary of the employee in this unit. Article 44 employees who are in contact with occupational hazards shall be subject to occupational health inspections prior to the termination, removal of labour relations or the processing of retirement proceedings, and inform the worker of the results. The treatment of work injury insurance shall be paid in the event of injury determinations, labour capacity identification, treatment of approved procedures. The diagnosis of the retirement of a worker suspected to have been treated as a occupational illness may be determined by work injury and the treatment of work injury insurance. The user unit does not carry out a pre-emptive occupational health examination of the worker, shall not terminate, remove labour relations, be treated with occupational illness after retirement, with the responsibility of the former agent's unit and pay for work injury insurance treatment. Article 44 15 Prohibitions, treatment and identification of workers without undue delay, affecting the normal conduct of work injury insurance, and the suspension of the treatment of the person and the executing agency. The work of the unit was denied by the Labour Capacity Identification Commission for the full or most recovery of its labour capacity, and the unit of the user was treated in accordance with the provisions of the Business Employer Awards. Article 46 is implemented effective 1 July 2004. |
