(November 24, 2003 Tianjin City Government 10th times Executive Conference considered through December 1, 2003 Tianjin City Government makes 12th, announced) first article to perfect injury insurance system, guarantees for work suffered accident hurt or patient occupational of workers get medical treatment and economic compensation, promote injury prevention and career rehabilitation, dispersed employing units of injury risk, according to People's Republic of China labor law and injury insurance Ordinance (State makes No. 375,),
Considering the actual situation in the city, these provisions are formulated.
Article all kinds of enterprises in the administrative area of the city (hereinafter called the employer) shall participate in work-related injury insurance, pay industrial injury insurance for the employees in this units. Labor relation with the employer (including the fact labor relationship) workers (hereinafter employees), it shall be entitled to work injury insurance.
Employees do not pay workers ' compensation insurance costs.
Employees of individual businesses and their employees since January 1, 2005 to participate in work-related injury insurance.
Third municipal labor and social security administrative departments are responsible for the city's workers ' compensation insurance, guiding the County and the Tianjin economic and technological development zone, the Tianjin Port free trade zone, Tianjin new technology industrial park in the administrative departments of labor security in this area of work injury insurance.
The social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
Finance, health, human services, business, safety supervision and Administration Department shall, in accordance with their respective responsibilities, in collaboration with the administrative departments of labor security work injury insurance.
Article fourth labour and social security administrative departments shall establish a work-related injury insurance agencies, with meet the needs of working personnel responsible for work injury insurance. Fifth article of the City set the work injury insurance fund, implement the city's overall plan.
The work injury insurance fund consists of the following components: (a) the employer to pay industrial injury insurance; (b) interest on the work injury insurance fund, and (iii) late fees; (iv) the social donation, (v) other funds covered by work injury insurance fund according to law.
Article sixth Agency in accordance with the employer's business register and produce a business case, determining the employer's industry risk category respectively. Classification benchmark rates according to the relevant regulations of the State, in accordance with the principle of fixed income, balance, according to the work-related injury insurance, workers ' compensation rates, occupational hazards, such as determined. Specific standards by the municipal labor and Social Security Department, in conjunction with municipal finance, health, safety supervision and management departments, and submitted to the municipal people's Government for approval before implementation.
Specific criteria can be adjusted periodically.
Agencies according to the employer's workers ' compensation insurance costs, injury rates, and other factors of occupational hazard control provides standard to determine the rates of employer contribution rate of industrial injury insurance next year and submitted to the municipal labor and social security administration departments. Seventh an employer after the implementation of these provisions shall in the 30th, after the implementation of this provision the employer shall set up according to law since its founding in the 30th, to register with the local agency for the work-related injury insurance.
The Agency should be processed from the date of acceptance of the 10th.
Employer's workers ' compensation insurance registration is changed or terminated according to law, shall from the date of modification or termination within 30th to the agencies for the work-related injury insurance change or cancellation procedures.
Eighth employing unit should be reported to the Agency on a monthly payment of industrial injury insurance, paid after it has been approved in the 3rd.
Nineth work injury insurance fund for the following expenditures: (a) work-related injury insurance benefits, (ii) work competency expertise on costs, (iii) industrial injury investigation fees; (iv) vocational rehabilitation costs, (v) other expenses of the laws and regulations for work-related injury insurance.
Tenth the work injury insurance fund shall, in accordance with the year 10% of the total work-related injury insurance fund reserve reserve total surpassed its total accumulated the work injury insurance fund 30%, can no longer extract.
This city work injury insurance fund is insufficient to pay for work-related injury insurance benefits major incidents, approved by the administrative departments of labor security and the financial sector, you can use the reserve.
When reserves are insufficient to cover, the municipal finance advance.
11th the labour and social security administrative departments are responsible for the determination of equivalents employees injured.
Municipal labor and social security administrative departments are responsible for occupational diseases employees and ascertainment of inter-provincial mobility operations employing staff.
Districts and the Tianjin economic and technological development zone, Tianjin Port free trade zone, Tianjin new technology industrial park administrative departments of labor security as provided in the preceding paragraph the employer the worker's work-related injury certification. 12th worker after the accident occurred, workers or site personnel shall immediately report to the employer.
The employer shall report to the administrative departments of labor security within 24 hours, and simultaneously to the Agency record.
13th article employing units should since accident hurt occurred of day or workers was diagnosis, and identification for occupational of day up 30th within, to labor guarantees administrative sector proposed injury finds application, and submitted following material: (a) injury finds application table; (ii) labor contract or labor relationship effective proved; (three) medical diagnosis proved or occupational diagnosis proved; (four) workers I ID Ming; (five) other related proved material.
14th if an employer did not apply in work injury certification in accordance with the regulations, injured workers or their immediate family members, the trade union organization in the accident date or date of diagnosis and appraisal of occupational disease within 1 year, can apply directly to the administrative departments of labor security work-related injury certification and the 13th article of evidence. 15th administrative departments of labor security work injury certification application should be accepted or not to accept the decision and notify the applicant in writing.
On work-related injury certification application materials are incomplete, it shall inform the applicant in writing at once completed in the 15th.
Labour and social security administrative departments shall accept an application for work-related injury certification within 60 days from the date of work-related injury certification decision and give written notice to the employer, the injured workers or their immediate families and agencies. 16th work competency expertise on the Committee by the administrative departments of labor security, personnel administration, health administration, trade unions, representatives of agencies and employers representatives.
City labor capacity identification Committee bear following duties: (a) labor function obstacles degree and life themselves obstacles degree of grade identification; (ii) shutdown left paid period of confirmed; (three) configuration auxiliary apparatus of confirmed; (four) old injury recurrence of confirmed; (five) injury and non-injury of defined; (six) workers died workers dependent relatives of labor capacity identification; (seven) other by delegate for of labor capacity identification.
Districts and the Tianjin economic and technological development zone, the Tianjin Port free trade zone, Tianjin new technology industrial park of work competency expertise in work competency expertise under the guidance of the Commission, the Commission responsible for the preceding paragraph (c) identification of the requirements.
Labour assessment Committee Office in the administrative departments of labor security, specifically responsible for the Organization and day-to-day management.
17th occupational disease of workers and inter-provincial mobility job employer workplace competencies, capability approval of the municipal Labor Committee. 18th the work injury lay-off of workers paid expiration or shutdown leaves cured during the pay period, disability, affecting the ability to work, should apply for work competency expertise. Of work competency expertise should be made within 60 days from the date of the acceptance of the Commission conclusions. If necessary, you can extend the 30th.
Work identification shall notify the employer, injured workers and operate institutions.
Injured workers shut down period should be determined by salary work appraisal Committee under the service agreement of medical institutions proving and the relevant provisions of this municipality, and give written notice to the employer, the injured workers or their immediate families and agencies.
19th article injury workers of following injury insurance treatment from injury insurance fund in the paid: (a) injury medical; (ii) rehabilitation sex treatment fee; (three) auxiliary apparatus configuration fee; (four) life nursing fee; (five) one-time disability grant; (six) a level to four level disability workers of disability allowance; (seven) funeral grant; (eight) dependent relatives pension; (nine) one-time workers died grant.
20th employee who died, the one-time death benefit eligibility for 60 months, last year, the average monthly wage of employees.
21st article injury workers of following injury insurance treatment by employing units is responsible for: (a) hospital food subventions; (ii) field medical of traffic, and accommodation costs; (three) shutdown left paid period of wage welfare treatment; (four) shutdown left paid period of life nursing; (five) five level, and six level disability workers of disability allowance; (six) one-time injury medical grant and disability employment grant. 22nd employee accidents due to work injury or occupational disease, should be treated in medical institutions have signed service agreement.
When the urgency of the situation, you can to the nearest medical facility for treatment. The treatment of injured workers, by the employer or the employees ' personal advance. Found after injury, has been the cost of treatment, by the employer and the Agency settled.
Continuing hospital treatment costs incurred by medical institutions and agencies in the settlement.
Rehabilitative treatment of injured workers and AIDS for configuration, service agreements signed by medical institutions, assistive devices configured institutions and agencies in settlement.
Article 23rd injured workers receiving treatment outside medical institutions, out of danger later signed a service agreement shall promptly send the City medical facility for further treatment. 24th employee for work disability were identified as five levels, six levels of disability, as I proposed, rescission or termination of labor relations can and employers; seven to ten levels was identified as disabled, or expiration of labor contract worker I propose termination of labor contract, rescission or termination of labor relations.
Labor contracts or termination of labor relations of employees, the employer paid a one-time injury medical benefit and disability employment grant. Specific criteria for 5-30 months, last year, the average monthly wage of staff and workers.
Five for 30 months, six for 25 months, seven for 20 months, eight for 15 months, nine for 10 months, ten for 5 months.
25th recipients a one-time injury medical benefits and disability employment grant after reemployment of the old injury, for the treatment of work-related injuries cost more than a one-time injury medical benefits and disability employment grant over 50% part, paid from the work injury insurance fund.
26th article received disability allowance of workers or received dependent relatives pension of personnel, its resident to is not this city of, can according to following standard one-time enjoy injury insurance treatment, injury insurance relationship while terminated: (a) received disability allowance of, highest not over 15 years; (ii) received dependent relatives pension of, children discontent 18 age of calculation to 18 age; other dependent relatives highest not over 15 years.
27th after the retirement of diagnosed occupational disease shall enjoy work injury insurance benefits except for one-time disability benefits; died after being identified as one to four disability, dependent family members should enjoy work injury insurance benefits except the one-time death benefit.
28th pension, disability allowance, dependent relatives living cost by the municipal labor and social security administration, last year, according to the workers ' average monthly wage and the minimum wage adjustment.
Article 29th by work-related injuries involve civil damages, damage compensation in the total amount below the treatment of work-related injury insurance, make up the difference from the work injury insurance fund the remuneration shall not be enjoyed.
Employees or their immediate family members to obtain compensation, should pay for the work injury insurance fund or employer fee paid. 30th work-related injury insurance benefits injured workers or their immediate family members, shall submit to the Agency the relevant material.
Agencies should be approved finished 15th, and in accordance with the provisions related to the treatment.
31st a labour and social security administrative departments shall, jointly with relevant departments of the employer and employee awareness of injury prevention education, to prevent and reduce the incidence of occupational injuries and diseases, and gradually creating the conditions, arrangements for rehabilitative treatment of injured workers.
Article 32nd injured workers identified and confirm the restore or partially restore the ability to work should be subject to appropriate duties as assigned by the employing unit.
33rd the employer is not required to pay industrial injury insurance, paid by the administrative departments of labor security ordered; still fails to pay the past due, in addition to pay the outstanding amount, from the date of default of payment by the day plus 2 of the late fee.
Employers refusing to pay workers ' compensation insurance fee and late fee, the administrative departments of labor security request the people's Court according to law enforcement collection.
The employer fails to pay industrial injury insurance as required during the treatment of the injured worker's work-related injury insurance, paid by the employer.
Article 34th before October 1, 1996, industrial workers, confirmed by the audit needs to be treated, and configuration of assistive devices cost, paid from the work injury insurance fund since July 1, 2004. After October 1, 1996 to the injuries occurred before the present provisions of the trade unions, has occupational costs paid by the employer.
After the implementation of these provisions, continuing occupational costs audited belongs to the scope of the work injury insurance fund payment (apart from a one-off disability grants), paid from the work injury insurance fund since July 1, 2004.
After October 1, 1996 to the present provisions prior to the implementation of industrial workers was identified as four-level disability reaches retirement age, retirement formalities should, of its basic old-age insurance than disability allowance, from the work injury insurance fund to make up the difference.
35th article of the injury that occurred during the year before the implementation of the provisions, have submitted applications for work-related injury certification, after the implementation of these provisions complete the work injury certification, work-related injury insurance benefits in accordance with this regulation.
36th of municipal labor and social security administrative departments may, jointly with relevant departments, according to the relevant regulations of the State and the city, develop a work-related injury insurance program approach.
37th article of the regulations come into force on January 1, 2004.