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Measures Of Xinjiang Uyghur Autonomous Region, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 新疆维吾尔自治区实施《工伤保险条例》办法

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Chapter I
Article 1 establishes this approach in the light of the National Plan of Work and Injury Insurance (hereinafter referred to as the Regulations).
Enterprises in the administrative area of the second self-government zone, individual businessmen with employment (hereinafter referred to as the user unit) should participate in the work injury insurance and pay work injury premiums for all employees or employed workers of the unit (hereinafter referred to as “persons”).
Employers of the user unit are entitled to the treatment of work injury insurance in accordance with the provisions of the Regulations and the scheme.
Article 3 works injury insurance is integrated at the state, city (local) level (hereinafter referred to as integrated areas).
Article IV Labour guarantees the executive branch responsible for work injury insurance throughout the region.
The State, the municipality (territory), the district (market) labour security administration is responsible for work injury insurance in the current administration.
The Social Insurance Agency (hereinafter referred to as the Office of the United Nations High Commissioner for Human Rights) provides specific services for work injury insurance.
Chapter II Work injury insurance fund
The Article 5 integrated area should establish a labour injury insurance fund and establish a liability reserve for work injury insurance risks.
Article 6 work injury insurance rates vary according to the level of work injury in different industries.
The difference in the work injury insurance industry is determined by the Government of the people of the integrated region in accordance with the principle of payment and balance of payments, based on the average payment rate and the benchmarking rates of the various industries determined by the State.
The rates of the various industries and the specific criteria for the intra-sector rate files are adjusted on a regular basis in accordance with the relevant national provisions.
Article 7 agencies shall determine their rate of work injury insurance contributions based on the industrial differential rate and the operating rate approved by the user's unit and business registration project, in accordance with the operating rate of the industry counterpart and the operating rate in the industry.
Article 8 takes part in the work injury insurance to be handled by the host agency; cross-regional, mobile and larger user units can be processed by the host agency in a relatively centralized manner.
Article 9. The user unit shall pay the contribution of the worker and injury on a monthly basis. Employers do not pay their work injury contributions.
The scope of expenditure of the 10 work injury insurance fund:
(i) Medical injury;
(ii) Disability benefits;
(iii) One-time disability grant;
(iv) The cost of living care;
(v) A funeral grant for workers killed;
(vi) The pension of relatives;
(vii) A lump-sum benefit;
(viii) Complete equipment;
(ix) Costs for work injury recovery;
(x) Feasibility of labour capacity;
(xi) Laws, regulations stipulate other costs for work injury insurance.
Article 11 units shall be made public in this unit by 31 January of the year's participation in the list of workers affected by work injury insurance, the period of payment, the status of contributions, the determination of work injury, labour identification, work injury treatment and accidents. The notice shall not be less than 15 days, and the information is submitted to the office.
The Article 12 Work injury insurance risk reserve was extracted by 10 per cent of the annual work injury insurance fund in an integrated area, which was deposited with the Financial Excellence of the Integrated Regional Social Security Fund for the payment of work injury insurance for major accidents, which was not paid and paid by local financial advances. The cumulative balance of the work injury insurance risk reserve shall not exceed the income of the annual work injury insurance fund in the integrated area.
Chapter III Work injury determinations
The Article 13 unit shall, on the date of the accident injury or within 30 days of the date on which the worker has been diagnosed or identified as an occupational illness, submit a claim for work injury to the integrated regional labour security administration and provide for the identification of the worker's injury. In exceptional cases, with the consent of the labour security administration, the time limit for application could be extended appropriately, but the extension period should not exceed 15 days.
In the absence of a request 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 the executive branch of labour security in an integrated part of the unit.
When the labour security administration takes up the employment injury determination request, it should be informed that the worker and the applicant shall submit the relevant material for the worker's injury determination within 10 days.
The owner's unit did not submit the application for the determination of the injury, as set out in paragraph 1 of this article, during which the cost of working injury was incurred in accordance with the provisions of the Regulations and the scheme and was borne by the unit.
The application for industrial injury determination should be completed.
Article XIV workers or their immediate family are considered to be working injury, and the person's unit considers that it is not working injury, that the burden of proof is borne by the user unit and that it submits the relevant evidence to the labour security administration within 10 days; and that the labour security administration can conclude in accordance with the law on the basis of the evidence provided by the worker or his immediate family.
The Article 15 Labour Guarantees Administration shall, within 60 days of the date of receipt of the worker's injury determination, make a decision on the determination of the worker's injury and transmit to the employee's immediate family or his/her personal unit the employee's employee's notice of the worker's injury (removal) employee's determination and transmit the worker's certificate of work injury to the worker.
The relevant units and individuals should cooperate in the verification of accident injuries and related issues during the determination of work by the Article 16 Labour Guarantees Administration, if any, to provide information.
Chapter IV Labour capacity identification
The Article 17 Self-Government Zone, the State, the City (territorial) Labour Capacity Identification Commission consists of the same Labour Guarantee Executive, the Personnel Administration, the Health Administration, the Trade Union Organization, representatives of the executing agencies and representatives of the user unit. The daily work of the Labour Capacity Identification Commission is vested with the executive branch at this level.
The Commission should establish a pool of health specialists. Professional technicians in various sections of the expert pool are generally less than 3 to 5.
The Labour Capacity Identification Commission of Article 19 assumes the following identification:
(i) Identification of working and injury workers' labour capacity;
(ii) Self-safety identification;
(iii) Reconfirmation of the duration of the suspension;
(iv) Confirmation of a supporting tool;
(v) Identification of diseases linked to work injury;
(vi) Accreditation of relatives without labour capacity;
(vii) Recognition of the rehabilitation of workers;
(viii) Accreditation of commissioned labour capacities.
Article 20 of the Code of Conduct, Employees or their immediate family members shall submit to the Commission for the Identification of Labour Capacity the application for the identification of their labour capacity and complete the application for the identification of the labour capacity, for submission to the notice of the employee's determination, for work injury (removal) for work, forfeiture of workers, diagnostic certificates, illness and other information relating to the medical treatment of workers.
The XXI Labour Capacity Identification Commission shall, within 60 days of the date of receipt of the application for the identification of labour capacities, validate the findings and relevant confirmations on workers and injured workers on the basis of the criteria for the identification of labour capacities established by the State and the identification of the health-care expert group, and transmit them to the units and individuals requesting the identification.
The time period for the identification of labour capacity could be extended appropriately, but the extension period should not exceed 30 days.
The Group of Health Experts considers that the level of disability of workers and injured workers requires further medical examination, and it may recommend that the Labour Capacity Identification Commission authorize qualified medical institutions to conduct medical inspections. The duration of medical inspections is not calculated at the time of the identification of the labour capacity.
The first finding of the Commission for the Identification of Labour Capacities in Part II, State, city (territorial) is not conclusive and should be submitted to the Committee for the Identification of Labour Capacity in the Self-Government Zone, within 15 days of the receipt of the letter of Understanding on Labour Capacity.
The self-governing area's labour capacity is determined once again by the organization of the Commission, and no experts may be elected to participate in the identification process.
The self-government region's labour capacity determination was the ultimate conclusion.
The costs identified in article 23 of the Labour Capacity are covered by the Work injury Insurance Fund, which is not covered by the work injury insurance or is paid by the user unit in full and on time. There was no change in the identification of conclusions, which were charged by the applicant. The requirement for extension of the duration of work, the allocation of support equipment and the identification of occupational rehabilitation is borne by the user unit.
Chapter V
Article 24 of the Code of Employees or Employees, the worker's immediate family shall apply for employment injury insurance treatment, and shall be submitted to the Agency for the Work injury (Lifty) certificate, the letter of labour capability identification. The following relevant material should also be submitted for the benefit of the extended family, in accordance with the requested treatment project:
(i) Survival certificates, identity cards, public security agencies obtained by breadwinners;
(ii) The economic situation of the breadwinner of the street office or the commune (town);
(iii) Evidence from the civil affairs sector of unaccompanied or orphaned children;
(iv) The Civil Affairs Department gives birth certificates for parents and adoptive children.
The breadwinner has no labour capacity, and the Agency has drawn the Commission's findings.
Article 25 is a disabled worker participating in the work injury insurance, which is paid by the user unit prior to the cost incurred by the work-related medical facility, pending determination as a result of the injury, in accordance with the cost of the work-related injury medical expenses paid by the work injury insurance fund.
The treatment of medical management and settlement of workers is developed by the self-government sector's labour security administration.
Inpatient care workers in Article 26 were injured by the non-implementation of the food subsidy system for public travellers, which was paid by the user's unit to the inpatient food allowance rate by 70 per cent of the general standard for the payment of food assistance to local travellers.
The disability allowance at the twenty-seventh level to a four-tier worker after deducting the portion of the basic medical insurance expenses to which the person should pay, the actual disability allowance is less than the local minimum wage, which is filled by the work injury insurance fund; the non-participation of the work injury insurance, and the difference is filled by the user unit.
The twenty-eighth grade 5 and the six-level workers' employees themselves may propose the removal or termination of labour relations with the user unit and the payment of a one-time medical grant and a one-time disability employment grant in accordance with the monthly average salary standards of the employee in the area of integration. The five-level workers' one-time work injury medical benefits were issued for 11 months, at six hours, at 10 months, and a lump-sum employment grant for five workers was issued for 27 months, with a total of 24 months.
The termination of the labour contract between the twenty-ninth seven to ten employees or the dismissal of the labour contract by the employee himself is paid by the user's unit for a one-time medical injury and a one-time disability employment grant in accordance with the average monthly wage of the employee in the area of integration. A one-time work injury medical grant for seven workers was issued for a period of nine months, eight were released eight, seven months, 10 at six months, and a lump-sum employment grant for seven workers was issued 21 months, eight at 18 months, nine at 15 months and 10 at 12 months.
Between grades V and ten workers are less than five years from the statutory retirement age, and they have proposed the removal of labour contracts, a one-time work injury medical grant and a one-time disability employment grant are paid at a 20 per cent reduction rate per year; and 10 per cent of the standard of a one-time medical grant and a one-time disability employment grant is paid from less than one year of the statutory retirement age. Employees who have reached retirement age and are in the process of retirement are not granted a lump-sum medical grant and a one-time disability employment grant.
Article 31, a one-time work surviving grant for workers killed, is based on the average monthly salary for workers in an integrated region and a lump-sum grant for work aged 48 months to 60 months. In accordance with the provisions of article 14, subparagraphs (i), (ii), (iv), (v), (vi), (vii) and 15, subparagraph (i), of the Regulations, the death grant was granted to 48 months, in accordance with the provisions of article 14, subparagraph (iii), article 15, subparagraph (ii), of the Regulations, for a period of 54 months, and the death grant was granted to the martyrs for a period of 60 months.
Article 32 disability benefits, living care payments, and family pension benefits are provided by the Labour Security Administration in the self-governing area, in accordance with the income and expenditure of the Integrated Regional Insurance Fund and the average wage changes of the employee, to be implemented after approval by the Government of the self-government.
In the case of insolvency of article 33, the cost of work injury insurance paid by an agent's unit should be reimbursed as a matter of priority in the context of insolvency liquidation:
(i) The following cost of treatment for work injury insurance should be liquidated:
The basic health insurance fees to be paid by workers at the level to the four levels;
Level V, six work injury workers shall receive disability benefits, one-time work injury medical benefits;
A one-time medical grant for work injury and a one-time disability employment grant for workers aged 7 to 10 years.
(ii) Without participation in the work injury insurance, the following cost of treatment for injury insurance should be liquidated:
The worker shall be entitled to the pension of the family;
At the level-IV, disability benefits should be paid to workers, living care fees, support equipment fees and basic medical insurance payments to be paid, old-age premiums;
Level V, six work injury workers shall receive disability benefits, one-time work injury medical benefits;
A one-time medical grant for work injury and a one-time disability employment grant should be enjoyed by workers at the seventh to ten levels.
In line with the work injury insurance treatment paid by the Work injury Insurance Fund, payments continue to be made by the agency.
Insolvency of a lump-sum medical grant and a one-time disability employment grant for a third-fourth grade 5-10 worker in insolvency, the Work injury (Davage) certificate shall be transferred to the liquidation team, and the liquidation team shall process the termination of the work injury insurance relationship with the Agency.
The third article XV has one of the following cases in which the person enjoys the treatment of work injury insurance:
(i) A survival certificate should be provided without the provision;
(ii) In violation of the provisions on medical management for work injury;
(iii) In line with the conditions in which the school was denied;
(iv) A breach of the regulations governing the staffing of the auxiliary equipment;
(v) Other violations of the relevant provisions of the insurance.
The preceding paragraph stipulates that the suspension shall be eliminated and the related treatment of work injury insurance shall be restored.
The third-sixth work injury worker shall be entitled to medical treatment from work injury from the date of work injury and shall be treated with disability in accordance with the provisions of the next month of the finding by the Labour Capacity Identification Commission.
Chapter VI Legal responsibility
In accordance with the Regulations and this approach, the third-seventh unit of the agent shall be entitled to participate in the work injury insurance scheme, which is being reorganized by the Labour Guarantee Executive Order, and the treatment of the employee's work injury insurance is paid by that unit in accordance with the regulations and the standards set out in this approach.
Article 338 units or individuals are in breach of article 16 of this scheme, which impedes the determination of work injury and is being converted by the time limit of the executive order of labour security; unprocessarily, by a fine of 1000 dollars for units and 200 for individuals.
Chapter VII
Article 39 of this scheme refers to the average monthly salary of workers who suffered injury due to work, occupational illnesses, work-related deaths for 12 months prior to the death of the worker, which is calculated at the average monthly salary of the employee at the unit of the employee.
Article 40 of the Work injury determination application form, the notice of the worker's determination of work injury (dies), the work injury (dies) worker certificate, the Labour competency identification application form, and the letter of labour capacity assessment, are implemented in a uniform format developed by the State or the self-government sector.
Article 40 was implemented effective 1 January 2004. Employers who have been victims of accidents or occupational diseases in the previous year have not been identified for work injury and are executed in accordance with the provisions of the Regulations and this scheme.