Key Benefits:
(Health No. 140 of the Beijing People's Government of 25 November 2003) Chapter I General Article 1 establishes this approach in the light of the reality of the city, in order to implement the Work injury Insurance Regulations established by the State Department (hereinafter referred to as the Regulations). Article 2 Article 3. The municipal labour security administration is responsible for work injury insurance throughout the city. The district, district labour security administration is responsible for work injury insurance within the jurisdiction. The Social Insurance Agency established by the Municipal and District Labour Guarantees Administration (hereinafter referred to as an institution) specifically performs work injury insurance. Article IV Financial, auditing, under law, oversees the payment and management of the work injury insurance fund. Within their respective responsibilities, the Health Administration, the Safety and Productive Monitoring Administration assists the labour security administration in its work injury insurance. Article 5 Social security services in streets, communes (communes) are responsible for the socialization management of workers and persons who are entitled to pension benefits for relatives. Chapter II Work injury insurance fund Article 6. The work injury insurance fund is fully integrated into the financial specialties of the Social Security Fund and is administered on both income and expenditure lines. Article 7. In the event of adjustments in the base rates and buoys of the work injury insurance industry, the municipal labour security administration will propose adaptation programmes with the city's financial, health administration and safe production management, and post-commercial government approval. Article 8 The scheme was preceded by work injury insurance, which was determined by the Office of the United Nations High Commissioner for Human Rights on the basis of the payment rate established by the user unit. Article 9. The Urban Labour Security Administration, in conjunction with the city's financial, health administration and safe production management, has developed a buoyage programme based on expenditure on work injury, incidence of work injury and the level of occupational illness. In accordance with the buoyage programme at the rate, the office has identified the buoys of the user units. The following Article 10 projects are covered by the Work injury Insurance Fund: (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) Costs for the identification of workers' labour capacities. Article 11 Article 12 contains one of the following acts, and the contribution rate shall be added. Employees who do not participate in the injury insurance or work injury incurred by their employees during the unpaid work-related injury insurance premiums paid by the user unit shall not be added to the work injury insurance project, standard payments, in accordance with the Regulations and the scheme. (i) Participation in work injury insurance without participation; (ii) The low number of employees and the non-payment of employment injury insurance contributions to some workers; (iii) The unpaid payment of work injury insurance. In the absence of prompt payment of work injury insurance contributions by the user unit, the worker who had paid work injury insurance treatment by the work injury insurance fund had been paid by the work injury insurance fund and the work injury insurance treatment for the unpaid period was paid by the agent's unit; and the payment of the ex-contributory work injury insurance fund was added. The difference is partly filled by the user's unit with a lower salary of the employee, without paying the worker's injury in full, resulting in lower treatment of the worker's injury insurance. After paying their work injury insurance in full, the user unit reapproves the treatment of the injury insurance. The difference in the treatment of pre-employment injury insurance was re-approved and the work injury insurance fund was not closed. Article 14. The annual balance of the work injury insurance fund is partially incorporated into the reserve. When the reserve needs to be used, the Office shall report to the municipal labour security administration, which is approved by the Government of the city after the municipal labour security administration reviews its views with the municipal financial sector. Chapter III Article 15. A person's unit, a worker or his or her immediate family, a trade union organization may, as an applicant, make a claim for injury determination or, depending on the worker's injury, confirm the application (hereinafter referred to as a worker injury determination application). The application for work injury shall be determined to be submitted to the residence area registered by the licensee's units and to the district labour security administration in accordance with the time frame set out in Article 17 of the Regulations. Article 16 Employers engage in occupational disease hazards in their former employees' units and are diagnosed after the current user unit, which is now responsible for making applications for work injury determination. Article 17: The applicant shall, in the event of the finding of employment injury, complete the determination of the application and accompany the resident identification of the worker; in one of the following cases, shall also submit the corresponding evidence: (i) The owner's unit does not participate in the work injury insurance and submits a business licence or a search certificate from the business administration sector; (ii) Death of the worker and submission of death certificates; (iii) In cases of article 14, subparagraph (i), subparagraph (ii), of the Regulations, the relevant material of the accident; (iv) That is a case under article 14, paragraph (c), of the Regulations, where evidence is submitted to the public security sector or the judgement of the People's Court or other evidence; (v) In the case of article 14, subparagraph (v), of the Regulations, the certificate submitted to the public security sector or the proof of the relevant sector; (vi) In accordance with article 14, paragraph (vi), of the Regulations, to submit a certificate from the public security transport administration, which is not dealt with by the public security transport administration, and to submit evidence from the relevant sectors; (vii) In accordance with article 15, paragraph (i), of the Regulations, the medical institutions are submitted to the medical facility for rescue certificates; (viii) In accordance with article 15, paragraph (ii), of the Regulations, the evidence submitted to the civil affairs department or other relevant sectors; (ix) This is a case under article 15, paragraph (iii), of the Regulations, submitted to the Revolution maiming military evidence and medical agencies diagnostic certificates of recidivism. The applicant's claim for work injury shall be submitted to the labour contract between the employee's injury or the person's unit in the diagnosis of occupational diseases or other proof of labour relations. The parties should apply to the Labour Dispute Arbitration Commission for arbitration between the worker and the agent's unit to determine labour relations in accordance with the law. The time taken to deal with labour disputes under the statutory procedure is not calculated within the time period determined by the injury. Article 19 The applicant shall submit an initial diagnostic certificate of injury to a medical institution or a certificate of occupational illness from a medical institution that is subject to a medical diagnosis of occupational illness (or a certificate of occupational illness diagnosis). Article 20, the district and district labour security administration shall be reviewed within 15 days after the receipt of the employment injury determination request, in accordance with conditions; in the absence of this sector, the applicant shall be informed in writing by the competent department; in the incompleteness of the application, the applicant shall be informed in writing of the material that the applicant needs to be filled; and the applicant shall receive the full material within 30 days. Article 21 found that the application was one of the following cases: (i) The date of the accident or the date of diagnosis, identification of an application for more than one year from the date of the accident; (ii) The injured person is a retired person employed by a person's unit or exceeds the statutory retirement age; (iii) This is the case under article 63 of the Regulations. Inadmissibility, the district and district labour security administration should inform the applicant in writing within 15 days of receipt of the request. Article 2 or their immediate family are considered to be work injury, and the person's unit considers that it is not a worker injury and that the person's unit should assume the burden of proof and submit the evidence within the time frame specified by the district, district labour guarantee administration. Article 23, Sectoral and District Labour Guarantees Administration shall make conclusions within 60 days of the date of receipt of the employment injury determination of the application and inform the user unit and the worker or his immediate family in writing. An industrial injury certificate shall be issued for the purpose of determining the injury or injury to the worker. The owner's unit shall not be in possession of the accident. Article 24, Sectoral and district labour security administrations should determine the place of injury or occupational illnesses for workers, in accordance with medical diagnostic certificates. Diseases directly caused by work injury are included by the Labour Capacity Identification Commission. Article 25 determines that the worker shall choose between 1 and 2 medical institutions (hereinafter referred to as a medical institution) for the service agreement pursuant to article 45 of the Regulations. After one year after the appointment of a worker's medical facility, it may be re-elected. Chapter IV Article 26 Work capacity identification includes identification of disability levels, identification of living self-sustainable barriers, direct result of disease recognition and the identification of conciliatory devices. Article 27 provides for the identification of labour capacity to the District, the District Commission for the Identification of Labour Capacities and the submission of material such as the findings of the injury determination, diagnostic certificates, inspection findings, medical treatment. The worker considers that the injury caused directly to other diseases, and should also submit the relevant evidence from the medical facility for work injury. Article 28: The Labour Capacity Identification Commission shall be composed of expert groups of three or five relevant professional experts from the Medical Expert's pool to conduct a labour capacity determination. The Labour Capacity Identification Commission, based on the views of the Group of Experts, has concluded its findings on the identification of labour capacities and the relevant conclusions of recognition, and has written notification of the user's units and workers or their immediate family members. The Labour Capacity Identification Commission shall make the identification conclusions within 60 days of the date of receipt of the application for the identification of labour capacities. The workforce's labour capacity is identified as involving higher and complex health-care professionals and the period of identification may be extended appropriately, but the extension period should not exceed 30 days. In the opinion of the Group, further medical inspections are needed, and workers may be required to conduct medical inspections by designated medical institutions. The duration of the inspection is not calculated at the time of the identification of the labour capacity. Article 29 does not validate the Commission's finding of labour capacity for district, district and district workers or their immediate family members, and shall apply for re-identification to the Commission within 15 days of the date of receipt of the conclusions and for written reasons. The Commission's findings are final. The labour capacity identification process under this approach is applicable to review. Article 31 does not participate in the work injury insurance or pay the worker's contribution to work injury, and the worker's labour capacity is charged by the user unit. The user unit applied to the Commission for the identification of whether the worker was granted the duration of his/her work, which was paid by the user unit. Specific charges are developed by the municipal price authorities with the municipal financial sector. Chapter V In the period of suspension of work, the unit of the person shall not be removed or terminated. The duration of the employee's suspension is due to the fact that the worker's medical institution has received evidence of the continuation of the leave, which may extend the duration of the stay. The user unit does not agree with the extension, and the author's unit submits a request for confirmation to the district, district and district council for the identification of labour capacity, which does not make the request for confirmation, as an extension. Article 33 applies for the treatment of an extended family, and shall be submitted to the institution of the institution for the benefit of the breadwinner, resident identification, work injury pay certificate, and the economic situation of the breadwinner, the commune (commune) government. In one of the following cases, the corresponding material should also be submitted: (i) The fosterer is an unaccompanied elderly, orphaned and submitted to the Government of the street offices, communes (communes); (ii) The fosterer is a parent and a dependent child and is submitted to the public certificate; (iii) The breadwinner is completely deprived of the labour capacity and is presented to the Commission for the identification of labour capacity. Article 34 provides for an average monthly wage for a one-time worker for a worker who died. Article III, paras. At the time of the approval of the basic pension, the difference between the basic pension of the worker and the employee's basic pension below the disability allowance was partly filled by the work injury insurance fund. A third article 5 to 10 work injury workers has one of the following cases, and a lump-sum medical and disability employment grant is paid by a person's unit to work injury workers, the recovery of the work injury certificate and the referral to the institution to deal with the termination of the working injury insurance relationship between the workers' employees: (i) The worker himself submits, in writing, a voluntary dismissal or termination of labour relations with the user unit; (ii) The removal of labour relations in accordance with article 25, subparagraph (ii), (iii) and (iv), of the People's Republic of China Labour Code; (iii) The expiry of the labour contract between the seven to ten workers and the termination of labour relations by the unit of the person against the renewal of the labour contract; (iv) Insolvency and disbandment by a user unit in accordance with the law. A one-time work injury medical benefits and disability employment benefits are computed on the average monthly salary for the previous year of workers in the current city of 5 to 30 months of dissolution or termination of labour relations. Of these, 530 months, 625 months, 7-20 months, 815 months, 9 10 months and 10 months. In accordance with paragraph 1 (i) of this article, workers injury should be paid for a full one-time injury medical grant and disability employment benefits, which are less than 20 per cent of the total annual deduction, but the maximum deduction should not exceed 90 per cent of the total. Employees who have reached retirement age or are in the process of retirement are not granted a lump-sum medical benefit and disability employment benefits. Article 37 Persons who have participated in the work injury insurance are in accordance with the law and are dissolved and are eligible for work injury treatment under the Work injury Insurance Fund, at the level to the four-tier workers, persons who have been treated for the benefit of their relatives, those who have retired workers, and the socialization services for the treatment of work-related injuries at their place of origin or in the streets of their permanent residence, in the commune (community) social security services, and in the absence of active workers in the city, are covered by social security services. After the insolvency of the law, the disbandment of the worker's inpatient meal payment is determined by the user unit in consultation with the workers' injury workers on the basis of the actual situation of the worker. Article 338, which requires the installation of, equipping of subsidiary equipment for daily or employment needs, shall be made by a medical agency for work injury, which is confirmed by the district, district working capacity identification board, by the installation, configuration of a worker injury support body established under Article 45 of the Regulations. Specific provisions for the installation and distribution of support equipment are developed by the municipal labour security administration. Article 39 Pensions for work-related injury workers, pension and disability benefits are treated by the municipal labour security administration and the city's financial sector, in accordance with the average wage and changes in living expenses for workers in this city, and, where appropriate, the adjustment programme is submitted to the Government of the city after approval. Article 40 was reviewed by the Labour Capacity Identification Commission, changing the level of disability of workers and the level of living self-sustainable barriers, and since the conclusion of the Labour Capacity Identification Commission, its disability allowance and the cost of living care were adjusted accordingly. Article 40 states that persons who receive employment injury are deprived of their conditions and that the unit of the person or the social security service shall be informed by the institution in a timely manner. Annex VI Article 42 The Beijing Industrial Workers and Injuries Insurance Act, enacted by the Government of the people of 18 November 1999, was repealed. Annex Note: The scope of the operation registered by the owner's unit, the licence of the business of the corporate person, or the licence of the business, is not clear and requires buoyage rates to be restricted by the industrial category; |
