Key Benefits:
(Summit 10th ordinary meeting of the Government of the People's Republic of 24 November 2003 to consider the adoption of Publication No. 12 of 1 December 2003 of the Order No. 12 of the People's Government of the city) Article 1 ensures medical treatment and economic compensation for workers who are victims of accidents or occupational illnesses, facilitates employment injury prevention and occupational rehabilitation, dispersal of the risk of work injury in the unit of the person, in accordance with the Law of the People's Republic of China and the Work injury Insurance Regulations (No. 375 of the Department of State Order) and, in conjunction with the realities of the present city, develops this provision. Article 2 Workers (including de facto labour relations) with the user unit should be treated in accordance with the law. Employers do not pay their work injury contributions. Individual commercial and industrial workers and their employed workers participated in work injury insurance effective 1 January 2005. Article 3. The municipal labour security administration is responsible for work injury insurance throughout the city, providing guidance to the districts and the zinc economic technology development zones, the SARS, the SARS, the SARS, and the Labour Safety Administration in the SAR. The Social Insurance Agency (hereinafter referred to as an institution) conducts specific work injury insurance services. The executive branch, such as finance, health, personnel, business and safety regulation, should work in conjunction with the labour security administration in the area of work injury insurance. Article IV. The labour security administration should establish a workplace injury insurance institution with the personnel required for adaptation and be responsible for work injury insurance. Article 5 The work injury insurance fund consists of the following: (i) Employees' insurance contributions; (ii) The interest of the work injury insurance fund; (iii) lagging; (iv) Social donations; (v) Other funds are included in the work injury insurance fund in accordance with the law. Article VI, according to the business registration of the user unit and the main production operation, identifies the types of industrial risk of the user unit, respectively. Benchmark rates for the classification industry are determined in accordance with the relevant provisions of the State, in accordance with the principle of payment and balance of payments, on the basis of the use of work injury insurance, the incidence of work injury and the level of occupational diseases. Specific criteria are developed by the municipal labour security sector in conjunction with the municipal finance, health, security and regulatory sectors, followed by the approval of the city's Government. Their specific criteria could be adjusted on a regular basis. In accordance with the factors such as the use of work injury insurance contributions by the user unit, the incidence of work injury, the level of occupational illness, the level of occupational illness, the rate of annual work injury insurance payments by the user unit was determined against the prescribed rates, and the municipal labour security administration was reported. Article 7. The user unit shall be established within 30 days of the implementation of this provision, and the unit of the agent established after the implementation of this provision shall be registered by the host agency for work injury insurance, within 30 days of the date of the establishment of the law. The institution shall be reviewed within 10 days of the date of receipt. Changes in the registration of work injury insurance by an agent's unit or termination by law shall be due to change or termination within 30 days of the date of the termination, or to the organization's body to process changes in or write-off proceedings. Article 8. Article 9 (i) Treatment of work injury insurance; (ii) Cost identification of labour capacities; (iii) Confirmation of the costs of the investigation; (iv) Vocational rehabilitation costs; (v) Laws, regulations stipulate other costs for work injury insurance. Article 10 The work injury insurance fund shall be relocated in accordance with the 10 per cent residual reserve of the total annual work injury insurance fund, with a total of more than 30 per cent of the total annual work injury insurance fund. In the event of a major accident in which the Industrial injury Insurance Fund was not sufficient to cover the treatment of work injury insurance, a reserve could be paid through the approval of the municipal labour security administration and the financial sector. The reserve is not sufficient to pay and is paid by the city's financial mattress. Article 11. The Labour Security Administration is responsible for the determination of work injury and injury. The municipal labour security administration is responsible for the worker suffering from occupational illnesses and for the worker's worker's work in the cross-ministerial mobile operation. In each district and zinc economic technology development area, the SARS, the Labour Safety Administration in the SARS, is responsible for the determination of work and injury of employees of an ex-posted unit. When a worker is injured by an accident, a worker or an on-site officer should report to the user unit immediately. The user units should report to the labour security administration within 24 hours, while making the case available to the office. Article 13. The unit of the person shall submit an application for work injury to the labour security administration within 30 days of the date of the accident injury or the date of the diagnosis and identification of the worker as a occupational illness, and submit the following material: (i) Applying the application form for work injury; (ii) Effective proof of labour contracts or labour relations; (iii) Medical diagnostic certificates or occupational diagnostic certificates; (iv) The personal status of the worker; (v) Other relevant evidence material. Article 14. The employer's unit does not make the application for the determination of work injury, the worker or his immediate family, the trade union organization may make a request for work injury directly to the labour security administration within one year of the date of the accident or the date of the diagnosis and identification of occupational illness. Article 15. The Labour Security Administration shall make a decision on the determination of the employment injury to which the application is admissible or inadmissible and shall notify the applicant in writing. The applicant shall be informed, in a written manner, of the incompleteness of the finding of the application for work injury. The Labour Security Administration shall make a decision on the determination of work injury within 60 days of the date of receipt of the employment injury determination and, in writing, inform the user unit, the worker or his immediate family and the institution. Article 16 Labour capacity determination committees are composed of labour security administrations, personnel administrations, health administrations, trade union organizations, representatives of institutions and representatives of user units. The ICRM assumes the following responsibilities: (i) The extent of barriers to the functioning of the workforce and the level of self-sustainability; (ii) Confirmation of the duration of work leave; (iii) Confirmation of a supporting tool; (iv) Reconfirmation of old injury; (v) Definition of work injury and non-worker injury; (vi) The worker's labour capacity for raising relatives; (vii) Other commissioned labour capacity identification. Under the guidance of the Committee on the Recognition of Labour Capacity of the Districts and the Oxford Economic Technology Development Zone, the SARS, the WCS and the ICRMW are responsible for the identification of the provisions of paragraph (iii) above. The Office of the Labour Capacity Identification Commission is located in the labour security administration, with specific responsibility for organizing and day-to-day management. Article 17 Article 18 The Labour Capacity Identification Commission shall make its findings within 60 days of the date of receipt. If necessary, 30 days could be extended. The results of the identification of labour capacities should be communicated in writing to the user's units, the workers and the institutions. The duration of the employee's suspension shall be determined by the Labour Capacity Identification Commission in accordance with the diagnostic certificates of the medical institutions that enter into the service agreement and the relevant provisions of the city, and in writing to inform the user unit, the worker or his immediate family and the institution of the institution. Article 19 (i) Medical injury; (ii) Remediation treatment fees; (iii) Acillary equipment; (iv) The cost of living care; (v) A one-time disability grant; (vi) Disability benefits at the level to the level of disability workers; (vii) The funeral grant; (viii) For the benefit of the family; (ix) One-time surviving benefits. Article 20 Deaths of workers, the one-time surviving grant is the average monthly salary for workers in the current city of 60 months. Article 21: The following work injury insurance treatment for workers and employees is the responsibility of the user unit: (i) Accommodation grant; (ii) Transportation and accommodation costs for medical care in the field; (iii) Treatment of wage benefits for the duration of work leave; (iv) Life care for the duration of work; (v) V- and 6-level disability workers' disability benefits; (vi) One-time work injury medical benefits and disability employment benefits. Article 2: Employers are subject to accident injuries or occupational illnesses, and should be treated by medical institutions that enter into service agreements. When the situation is urgent, it is possible to first aid the near medical institutions. The worker's treatment costs are paid by a user unit or by an individual. After the determination of the injury, the cost of treatment that had occurred was settled by the user unit with the agency. The continuing inpatient treatment costs are settled by medical institutions and by the agencies. Rehabilitation and support for workers and injured workers are financed by the medical institutions that have signed service agreements, the auxiliary body and the agency. Article 23. Employers receive treatment for rescue treatment in offshore medical institutions and, after the risk, should be sent in a timely manner to medical institutions that signed service agreements in the city. Article 24 was identified as a result of work maiming as a fifth and sixth-level disability, and, if so, it could be removed or terminated with the user's unit; it was identified as a result of seven to ten disability, the expiry of the labour contract or the dismissal of the labour contract by the employee herself could be removed or terminated. Dismoval of labour contracts or termination of workers' relations are paid by a person's unit for a one-time injury medical grant and disability employment benefits. The specific criteria are 5 to 30 months of the average monthly salary of workers in this city. The fifth level of disability is 30 months, with a sixth disability of 25 months, seven-phase disability is 20 months, eight-age disability is 15 months, nine-year-old disability is 10 months and 10-months. Article 25 has been reintroduced after the re-employment of a worker who has received a one-time injury medical grant and disability employment benefits, for work-related injury treatment more than 50 per cent of a one-time medical grant and disability employment benefits, paid from the work injury insurance fund. Article 26 (i) To receive disability benefits up to 15 years; (ii) To receive payment for the benefit of the family, the child is calculated at 18 years of age and 18 years; and the other extended family is up to 15 years. Article 27 states that after retirement of a worker shall be treated for work injury insurance other than a one-time disability grant; the death of a person who has been identified as a disability shall be treated for work injury insurance other than a one-time work surviving benefit. Under article 28, disability benefits, pensions for foster relatives, living care expenses, are adjusted by the municipal labour security administration in accordance with the average monthly wage and minimum wage standards for workers in this city. Article 29, Staff injury relates to other civil injury compensation, which is less than the treatment of work injury insurance, and is partly offset by the worker injury insurance fund, whose treatment is not repeated. When a worker or his immediate family obtains compensation, the cost of the work injury insurance fund or the person's unit has been paid. Article 33 Employees who are entitled to work injury insurance treatment or their immediate family members shall submit the relevant material to the institution. The office shall be approved within 15 days and shall implement the relevant treatment in accordance with the provisions. The Labour Guarantee Administration should conduct work injury prevention education with the relevant departments, prevent and reduce the occurrence of work injury and occupational illnesses, and create conditions for the rehabilitation of workers and employees. Article 32 recognizes the recovery or partial resumption of labour capacity by workers and shall be subject to appropriate work arranged by the user units. Article 33 does not pay the contribution of work injury as prescribed by the unit of the agent, which is paid by the labour security administration for a period of time; is still unpaid and, with the exception of the amount owed, receives a lag of up to 2 per 1,000 per day from the date of payment. The user unit refused to pay the injury premiums and lags, and the labour security administration applied to the People's Court for mandatory payment. The employee's unit does not pay the worker's work injury insurance for the period covered by the provision of the worker injury insurance, which is paid by the user unit. Article 34 Employees who had suffered work injury by 1 October 1996 were reviewed for the recognition of the need for treatment and the cost of the auxiliary equipment and paid from the work injury insurance fund effective 1 July 2004. The cost of work and injury that had occurred after 1 October 1996 to the employee who had occurred before the application of the present provision was paid by the user unit. After the implementation of this provision, the cost of work injury continued, which was reviewed as part of the work injury insurance fund (other than a one-time disability grant) and paid from the work injury insurance fund effective 1 July 2004. Employees who had been injured prior to the implementation of the provisions from 1 October 1996 to 1 October 1996 were identified as one to four levels of disability and reached the retirement age, and retirement procedures should be processed, with basic old-age insurance payments lower than the disability allowance standard, to be filled by the work injury insurance fund. Article 55 of the present provision provides for work injury that occurred in the previous year, which has been made for the determination of employment injury, which has been completed after the implementation of this provision, and the treatment of work injury insurance is carried out in accordance with this provision. Article 36 provides that the municipal labour security administration may be in conjunction with the relevant sectors to develop a work injury insurance package based on the relevant provisions of the State and the city. Article 37 |
