Measures Of Beijing Municipality On The Implementation Of Work-Related Injuries Insurance Ordinance

Original Language Title: 北京市实施《工伤保险条例》办法

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(November 25, 2003, Beijing Municipal People's Government, the 17th Executive meeting on December 1, 2003, Beijing Municipal People's Government released 140th) Chapter I General provisions article in order to implement the State Council of the workers ' compensation insurance Ordinance (hereinafter referred to as the regulations), combined with the municipality, these measures are formulated.
    Article within the administrative area of the city of all kinds of enterprises, employees of individual businesses (collectively employer) and formed labour relations of workers (hereinafter employees) shall comply with the Ordinance and these rules.
    Third municipal labor and social security administrative departments are responsible for the city's workers ' compensation insurance.
    District and county administrative departments of labor security of work-related injury insurance work within their respective jurisdictions.
    The municipal, district and county administrative departments of labor security established by the social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
    Fourth financial and auditing departments to industrial injury insurance fund income and expenditure monitoring and management.
    Health Administration, safety supervision and management departments, within the scope of their respective duties to assist the administrative departments of labor security work injury insurance.
    V Street and township (town) Social Security Office is responsible for implementing socialization management of injured personnel and enjoy the benefits of dependent relative pension personnel of socialized management and services.
    Chapter II the work injury insurance fund sixth work injury insurance fund and manpower of the city.
    Accounts of the work injury insurance fund into the Social Security Fund, the two lines of income and expenditure management.
    Seventh article of the work injury insurance fund according to the regulations of the State and this city, expenditures, incidence of work-related injuries and occupational diseases harm, according to fixed income, balance of payments industry benchmark rate determines the principle of work-related injury insurance and float level (see table), to the public after its promulgation.
    Work injury insurance industry benchmark rates and floating classes when you need to adjust, by the administrative departments of labor security in conjunction with the municipal finance, health administration and safety supervision and management departments to revise the programme and submitted to the municipal people's Government for approval before implementation.
    Eighth after the implementation of these measures shall participate in work-related injury insurance, the agencies according to the business license unit of the the business scope or business license registration, in accordance with the different sectors of industry benchmark rates, determine the employer contribution rate.
    Buy employment injury insurance before the implementation of these measures, the agency determined according to the employer's contribution rate, determine rates float level. Nineth of municipal administrative departments of labor security in conjunction with the municipal finance, health administration and safety supervision and management departments, according to the work-related injury insurance expenditures, incidence of work-related injuries and occupational disease hazards in developing floating rate schemes in the city.
    Agency in accordance with the floating rate schemes, determining employer rates float level.
    Tenth Article following project by injury insurance fund expenditures: (a) injury medical; (ii) a to four level injury personnel disability allowance; (three) one-time disability grant; (four) life nursing fee; (five) funeral grant; (six) dependent relatives pension; (seven) one-time workers died grant; (eight) auxiliary apparatus fee; (nine) injury rehabilitation fee; (10) injury workers labor capacity identification costs.
    11th the work injury insurance fund does not pay for injured workers in foreign countries or Hong Kong, Macau S.A.R., and Taiwan the cost of treatment. 12th the employer has any of the following acts shall be to pay industrial injury insurance.
    Not participate in injury insurance of workers occurred injury or workers in employing units owes paid injury insurance fee during occurred injury of, by employing units according to Ordinance and this approach provides of injury insurance treatment project, and standard paid costs, injury insurance fund not fill support: (a) should participate in injury insurance and not participate in of; (ii) less reported workers number, not to part workers paid injury premium of; (three) not on time paid injury premium of.
    The employer fails to pay industrial injury insurance, arrears paid from the work injury insurance fund workers ' compensation insurance before treatment of injured workers, unpaid work injury insurance benefits paid by the employer for the period; to pay industrial injury insurance fund after filling. 13th employer underreporting of wages, industrial injury insurance fees not paid, resulting in injured workers enjoy work injury insurance benefits reduced, the difference by the employer make up. After the employer to pay industrial injury insurance, and re-verification of work injury insurance benefits.
    Before re-the difference between the treatment of work-related injury insurance, work injury insurance fund does not fill. 14th article of the municipal industrial injury insurance fund shall have a reserve. Work injury insurance fund's balance over parts incorporated into the reserve.
    When you need to use the reserve, the Agency shall report to the administrative departments of labor security, by the administrative departments of labor security in conjunction with the Municipal Finance Department, after examining the comments, submitted to the municipal people's Government. Chapter ascertainment 15th employers, employees or their immediate family members, the trade union organizations as applicants applied for industrial injury or industrial application (hereinafter referred to as the ascertainment).
    Applying for work injury certification in accordance with the 17th of the time limits provided for in article, registered with the business license of the employer's home district and county administrative departments of labor security.
    16th worker in the original employer engaged in the occupational-disease-inductive operation, to the employer was diagnosed with occupational diseases, employers have a responsibility to submit a work-related injury certification application. 17th article applicants proposed injury finds application Shi, should filled injury finds application table and attached workers of identity card; has following case one of of, also should respectively submitted corresponding evidence: (a) employing units not participate in injury insurance of, submitted employing units of license or business administration sector issued of query proved; (ii) workers death of, submitted death proved; (three) belongs to Ordinance 14th article subsection (a) items, and subsection (ii) items case of, submitted accident of related evidence material; (four) belongs to Ordinance 14th article subsection (three) items case of, submitted police sector of proved or Court of judgment or other proved; (five) belongs to Ordinance 14th article subsection (five) items case of, submitted police sector of proved or related sector of proved; (six) belongs to Ordinance 14th article subsection (six) items case of, submitted police traffic management sector of proved; not belongs to police traffic management sector processing of, submitted related sector of proved; (seven) belongs to Ordinance 15th article subsection (a) items case of,
    Submitted to medical rescue certificate; (VIII) belongs to the 15th of the article (b), submit proof of the Home Department or other relevant departments; (IX) belongs to the 15th of the article (c), introduced the disabled revolutionary certificates and proof of medical institutions for diagnosis of recurrence of injury.
    Article 18th applicant work injury certification application, shall be submitted to the injured or been diagnosed with occupational diseases labor contract with the employer or other proof of employment relationship. Because of labor disputes between workers and employers, the parties to a labour dispute arbitration Committee for arbitration, shall be determined by the labor dispute Arbitration Commission labor relations.
    According to the statutory procedures for dealing with labor disputes of the time does not count injury within the identified time frame.
    19th the applicant shall submit a medical diagnosis certificate issued by workers hurt in newly diagnosed, according to the medical certificate of occupational-disease diagnosis of occupational disease diagnosis certificate (or certificate of diagnosis of occupational disease).
    20th district and county administrative departments of labor security after receiving a work-related injury certification request shall be reviewed in the 15th, qualifying should be accepted; do not belong to the jurisdiction of the Department, shall inform the applicant in writing jurisdiction Department; application materials are complete and should inform the applicant in writing at once requires corrections of material applicant correction of all materials in the 30th, should be inadmissible.
    21st work injury cognizance application any of the following circumstances, not be accepted: (a) from the date of accident or diagnosis and appraisal of occupational disease for more than 1 year from the date of application, (ii) injured personnel are employed by the employer for retirees or beyond the statutory retirement age; (c) belongs to the 63rd of the circumstances set forth in the regulations.
    Inadmissible, district and county administrative departments of labor security shall be from the date of receipt of the application within the 15th inform the applicant in writing.
    22nd employees or their immediate family members believed to be injured at work, employers do not think injury, the employer should bear the burden of proof, and district and county administrative departments of labor security submit evidence within a specified time frame. 23rd District and county administrative departments of labor security shall accept an application for work-related injury certification within 60 days from the date of conclusion, and notify the employer and the employees or their immediate family members.
    Identified as or equated employees injured, the occupational certificate should be issued.
    Employers may not detain the occupational certificate. 24th district and county administrative departments of labor security according to the certificate of the medical diagnosis, determine the sites of injury or occupational disease name of injured workers.
    Directly by the work-related injury caused by disease, identified by the work Committee confirmed, be included in the body part injured.
    Article 25th after the work-related injury, employee shall, on the basis of the regulation article 45th medical institutions have signed service agreement, select 1 to 2 medical institutions (hereinafter referred to as work-related medical institutions) doctor.
    Selected employees after 1 years ' work-related medical institutions, you can reselect.
    The fourth chapter of work competency expertise 26th work competency expertise includes grade identification, self-care barrier identification, work-related injury directly cause disease and configuration AIDS for confirmation.
    27th injured workers pay shutdown leaves expiration or shutdown leaves injuries heal within the pay period, employers, injured workers, or their immediate family members should be in writing to the district/County of work competency expertise work competency expertise on applications to the Committee, and submit the certificate of ascertainment conclusions, diagnosis, examination results, medical records and other information. Injured worker injuries led directly to other disease, injury shall be furnished the relevant certificates issued by medical institutions.

    28th work competency expertise on the Committee should be randomly selected from the medical and health experts 3 or 5 relevant professional experts expert group work competency expertise.
    Work competency expertise on the Committee according to the opinion of the expert group, confirm the conclusions of the evaluation conclusions and related working capacity, and give written notice to the employer and injured workers or their immediate family members. Labour assessment Committee shall receive work within 60 days from the date of application to make conclusions.
    Injured workers ' competencies related to medical and health professional are more complex, appraisal period can be prolonged, but extend the deadline shall not be later than 30th. Expert Group think need further medical examinations, injured workers may be required to the designated medical institutions for medical examination.
    Checking calculation of time during the term of work competency expertise.
    29th employers, injured workers, or their immediate family members on the district/County of work competency expertise work refuses to accept the conclusions of the Committee, shall, on the date of receiving the conclusions apply to the Municipal Commission of work competency expertise within the 15th and retesting, and explain the reasons in writing.
    Work competency expertise on the conclusions of the Committee for a final conclusion.
    30th labor capability approval procedure specified herein apply to review expert.
    31st the employer does not participate in work-related injury insurance or not to the injured worker to pay industrial injury insurance, and injured workers ' ability appraisal costs paid by the employer.
    Capability approval of employer applications for the Labor Committee confirm that the injured worker extended shutdown leaves pay period, the costs paid by the employer.
    Specific criteria formulated by the Municipal Department in charge of price together with the municipal financial department.
    Fifth chapter work injury insurance benefits article 32nd employees during the shutdown leaves pay period, the employer shall not discharge or termination of labor relations. Expiration of the lockout of workers paid, proof of injury issued by a medical institution continue to leave, you can extend the shutdown leaves pay period.
    The employer does not agree to extend, by the employer to the district and County work competency expertise on application to the Commission, the employer fails to make the application, agree to extend.
    33rd dependent relative pension treatment, should be submitted to the Agency by providers booklet, identity card, proof of injured workers wages as well as sub-district offices and township (town) people are dependent economic situation issued by the certificate.
    Has following case one of of, also should respectively submitted corresponding material: (a) was dependent people belongs to belonged, and orphans of, submitted subdistrict offices, and Xiang (town) Government issued of proved; (ii) was dependent people belongs to raised parents, and raised children of, submitted public certificate; (three) was dependent people completely lost labor capacity of, submitted labor capacity identification Committee of labor capacity identification conclusion.
    Article 34th fatal worker a one-time death benefit criteria for 48 months of the previous year's average monthly wage of employees in the city. Four-level article 35th level to injured worker reaches the statutory retirement age or their work units in accordance with bankruptcy, dissolution, retirement formalities should, suspension of disability allowance, access to basic old-age insurance benefits.
    Approved basic pension, industrial workers ' basic old-age pension is lower than the difference of disability allowance from the work injury insurance fund up. 36th article five level to 10 level injury workers has following situation one of of, by employing units to injury workers paid one-time injury medical grant and disability employment grant, recovered injury card and make to handling institutions, handle injury workers of injury insurance relationship terminated procedures: (a) injury workers I written proposed voluntary and employing units lifted or terminated labor relationship of; (ii) employing units according to People's Republic of China labor law 25th article subsection (ii) items, and subsection (three) items, and
    (D) provision of termination of labor relations and (c) seven to ten injured workers labor contract has expired, the employer no longer labour contract renewal and termination of labor relations (iv) employer bankruptcy, dissolution by law. One-time injury medical benefit and disability employment grant together, the standard for rescission or termination of labor relations 5-30 months of the previous year's average monthly wage of employees in the city.
    Among them: five levels of 30 months, six levels of 25 months, the seven levels of 20 months, eight levels of 15 months, nine levels of 10 months, ten for 5 months.
    Belonging to the first paragraph of this section (a), injured workers more than five years from the legal retirement age (five years), should pay the full one-time injury medical benefit and disability employment grant for less than five years, each year of reduced debit of the full amount of the 20%, but the maximum amount of deduction shall not exceed the full amount of 90%.
    Injured worker reaches retirement age or retirement formalities, does not enjoy a one-time injury medical benefit and disability employment grant. 37th article has participate in injury insurance of employing units law bankruptcy, and dissolved Hou, meet injury insurance fund paid project of injury treatment by injury insurance fund paid, a level to four level of injury workers, and enjoy dependent relatives pension treatment of personnel, and has retired of injury personnel, by its household location or perennial live to of street, and Xiang (town) social security firm is responsible for injury insurance treatment of socialization management service work; not live in this city of, can by employing units location of street, and
    The township (town) Social Security Office is responsible for the treatment of work-related injury insurance formalities.
    Employer bankruptcy according to law, after the dissolution of injured workers in hospital food allowances, according to injured workers situation, determined in consultation with the injured employee by the employer subsidy and one-time payment. Article 38th injured workers because of daily life or employment needs to be installed, configured, assistive devices, should make recommendations from the work injury medical institutions, confirmed by the district/County of work competency expertise Committee, signed a service agreement under the Ordinance to 45th assistive devices configuration in which bodies installed, configured.
    Auxiliary appliance installation, configuration, specific provisions of the settlement by the municipal labor and social security administration departments.
    39th injured workers nurse, treatment of dependent relatives and disability benefits, by the administrative departments of labor security in conjunction with the Municipal Finance Department, according to the workers ' average wages and cost of living change, and timely adjustment programme, submitted to the municipal people's Government for approval before implementation.
    40th article identified by the labour assessment Committee review, injured workers, self-care barriers varying levels of disability from the work conclusions next month, disability benefits, life care fees adjusted accordingly.
    41st receiving injury treatment conditions of personnel loss of enjoyment, the employer or firm shall inform the institutions in charge of social security. Sixth chapter supplementary articles article 42nd these measures shall take effect on January 1, 2004.

    November 18, 1999 promulgated by the municipal people's Government of the Beijing workers ' injury insurance provisions repealed simultaneously.                                                                                    Annex: injury insurance industry benchmark rates and floating grade table = ┌-the-the ┬-the-the-the ┬-the-the-the-the-the ┬-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┐ │ industry │ industry base │ industry within rates │ industry name │ │ category │ associate rates │ floating grade │   │ ├-The-the ┼-the-the-the ┼-the-the-the-the-the ┼-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┤│││ 0.2 │ banking, securities industry, insurance, other financial activities industry, residents services, other services, rental industry, business services, │ │ a │ 0.5 │ 0.3 │ accommodation industry, catering, wholesale industry, retail industry, warehouse industry, post industry, telecommunications and other transmission services, computer services, ││││ 0.4 │ software industry, health, social security industry, social welfare industry, news publishing, broadcast, and TV, and movie and audio industry, culture art ││││ 0.5 │ industry, education, research and test development, professional technology services, technology exchange and promotion services, city public traffic industry │ ├-the-the ┼-the-the-the ┼-the-the-the-the-the ┼-the-the-the-the -The-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┤│││ 0.5 │ real estate industry, sports, entertainment, water management industry, environment management industry, public facilities management industry, agricultural food processing, food │││││ manufacturing, beverage manufacturing, tobacco manufacturing, textile, textile clothing, and shoes, and Cap manufacturing, leather, and fur, and feathers (velvet ││││ 0.8 │) and products industry, wood Processing and the wood, and bamboo, and vine, and Brown, and grass products industry, furniture manufacturing, paper and the paper products industry, printing │││││ and records media of copy, educational sports supplies manufacturing, chemical fiber manufacturing, medicine manufacturing, General equipment manufacturing, designed │ │ II │ 1 │ 1 │ with equipment manufacturing, traffic transport equipment manufacturing, electrical mechanical and the equipment manufacturing, instrument instrument and the culture, and Office with mechanical business │││││ made industry, non-metallic mineral products industry, metal business Products industry, rubber products industry, plastic products industry, communications equipment, and computer and he electric ││││ 1.2 │ child equipment manufacturing, crafts and the other manufacturing, chemical fiber manufacturing, abandoned resources and waste material recycling processing, power │││││, and thermal of production and supply industry, gas production and supply industry, water of production and supply industry, housing and civil engineering construction, building ││││ 1.5 │ installation industry, building decorative industry, other construction, geological exploration Industry, railway transportation, road transportation, water transportation, aviation │

││││ Transport, pipeline transport, handling handling and other transport services │ ├-the-the ┼-the-the-the ┼-the-the-the-the-the ┼-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┤│││ 1 │ oil processing, and coking and the nuclear fuel processing, chemical raw materials and the chemical products manufacturing, ferrous metal smelting and the pressure extended added                                                                                    Industry, ││││ 1.6 │-metal smelting and rolling processing industry, oil and gas extraction industry, ferrous metal mining and dressing industry, non-ferrous metal mining and dressing industry, non-gold │ │ │ 2 ¦ 2 is mining and dressing industry, coal mining and dressing industry, other mining industries ││││ 2.4 │ │
│    │      │    3     │                                                                                    │
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                                                                                                                          -The-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┘ =tbl/> Note: employing units enterprise corporate license or license registration of business range not clear of, need floating rates Shi, not by industry category of limit; in this approach implementation Hou participate in injury insurance of, according to second class industry of benchmark rates determine of payment rates; in this approach implementation Qian participate in injury insurance of, according to employing units has determine of payment rates, determine rates floating grade.