Tibet Autonomous Region, The Implementation Of The Measures Of Unemployment Insurance Regulations

Original Language Title: 西藏自治区实施《失业保险条例》办法

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(September 11, 2002, the people's Government of Tibet Autonomous Region, the 18th Executive meeting by people's Government of Tibet Autonomous Region, on October 9, 2002, the 49th announcement) first in order to further improve the unemployment insurance system to guarantee the basic livelihood of unemployed workers during periods of unemployment, employment, maintain social stability, according to the State Council and other relevant provisions of the unemployment insurance regulations, combined with practical, these measures are formulated.
    Second autonomous region within the administrative area of State-owned enterprises, public institutions and foreign-funded enterprises, as well as the aforementioned enterprises other than joint-stock company (hereinafter referred to as enterprises and institutions) and their employees in accordance with the regulations, insurance premium has been paid.
    Enterprises, institutions in accordance with the regulations of the unemployed, receiving unemployment insurance benefits.
    And towns collective enterprises, joint-stock private enterprise, as well as other workers in urban enterprises and pay unemployment insurance premiums, unemployment insurance benefits approach, separately.
    Article autonomous region and prefectural (City), administrative departments of labor security supervision and administration of the unemployment insurance work within their respective administrative areas, carry out the following functions: (a) implementing unemployment insurance laws, regulations and policies, (ii) guide the work of unemployment insurance unemployment insurance agencies; (c) the collection of unemployment insurance premium and payment of unemployment insurance benefits for supervision and inspection.
    Fourth article labor guarantees administrative sector belongs of employment service institutions is handling unemployment insurance business of institutions, specific hosted unemployment insurance work, perform following duties: (a) is responsible for unemployment personnel of registration, and survey, and statistics; (ii) according to provides is responsible for unemployment insurance fund of management; (three) according to provides approved unemployment insurance treatment, issued unemployment insurance and other grant; (four) for unemployment personnel provides free Advisory Service; (five) allocated unemployment personnel career training, and career introduced subsidies costs;
    (Vi) responsible for the unemployment insurance budget, accounts, statistics, summary and reporting; (VII) by its other responsibilities under the State and the autonomous communities.
    State unemployment insurance agencies responsible for district-wide unemployment insurance specific business guidance and inspection, and be responsible for directly under the autonomous region (straight in) unemployment insurance specific business enterprises and institutions and their employees.
    (City) unemployment insurance agency at the local (City) belong to enterprises and institutions and their workers ' unemployment insurance specific business work.
    Its mainland offices commissioned by the administrative departments of labor security of the autonomous region, responsible for contractor owned and hosted by enterprise, institution and its workers ' unemployment insurance specific business.
    Fifth unemployment insurance agencies requirements are included in the financial budgets.
    Unemployment insurance unemployment insurance agency of sixth article commissioned Bank daikou.
    Article seventh unemployment insurance fund consists of the following components: (a) the unemployment insurance premium paid by enterprises and institutions and their employees; (b) interest of unemployment insurance fund; (c) the financial subsidies and (iv) other funds into unemployment insurance funds according to law. Eighth enterprises and institutions in accordance with 2% of the total wages paid unemployment insurance premiums; enterprises and institutions in accordance with my wages of staff and workers 1% insurance premium has been paid.
    Enterprises, institutions of contract workers and herdsmen I do not pay unemployment insurance premiums.
    Total wages of staff and workers approved in accordance with the National Bureau of the implementation of the provisions on the composition of wages.
    Unemployment insurance premium paid by the funding institution funding, in accordance with the financial provisions into the budgets at all levels.
    Nineth at the district level in accordance with the provisions of the unemployment insurance fund, by autonomous regions and regional (City) respectively, collecting, using, and accounted for separately.
    The tenth autonomous region established adjustment funds of unemployment insurance.
    State and local (municipal) unemployment insurance agencies with the same base shall be levied on the total amount of unemployment insurance premiums, in accordance with the proportion of 5%, in the first quarter of the following year pay adjustment funds of unemployment insurance to the State unemployment insurance agency.
    State unemployment insurance agencies will collect adjustment funds of unemployment insurance uniform into the unemployment insurance fund account.
    Adjustment funds of unemployment insurance the main purpose of the autonomous and local (municipal) in the full collection of unemployment insurance premium not used enough, from State unemployment insurance agencies transfers.
    When the adjustment funds of unemployment insurance is still inadequate, and by co-ordinating district financial subsidies.
    11th payer should be on the end of the month carrying units within the 15th of last month's payroll rosters and related procedures, report to the local unemployment insurance agencies should pay unemployment insurance premiums next month the amount after it has been approved by the unemployment insurance agency, insurance premium has been paid this month. Payer in accordance with the provisions declared unemployment insurance premiums payable amount, by the temporary unemployment insurance agency as the 110% units last month, the payment amount to determine the amount payable without pay last month, temporary unemployment insurance agencies according to the unit's operating status, number of employees and other relevant information to determine the amount payable.
    Units go through the formalities of payment and in accordance with the approved amount after insurance premium has been paid, by the unemployment insurance agency in accordance with the provisions of the settlement. 12th article payment units and payment personal should to currency form by following provides full paid unemployment premium: (a) unemployment premium implemented by months levy paid; (ii) payment units should in accordance with this approach eighth article provides regular paid unemployment premium, payment personal by where units from its I wage in the generation buckle generation paid; (three) account Bank by unemployment insurance handling institutions opened of delegate collection voucher in 5 a days within, from payment units account General should paid unemployment premium full designated turned to unemployment insurance Fund levy paid designed households.
    Fee changes, commissioned by the Bank shall, within 5 working days of unemployment insurance agencies reflect the situation.
    Unemployment insurance premium not relief, not refused to pay.
    13th article unemployment insurance fund for following spending: (a) unemployment insurance; (ii) received unemployment insurance during of medical grant; (three) received unemployment insurance during death of unemployment personnel of funeral grant and its dependent of spouse, and immediate family of pension; (four) received unemployment insurance during accept career training, and career introduced of subsidies; (five) autonomous regions provides or approved of and unemployment insurance about of other costs.
    14th the unemployment insurance fund shall be deposited into the unemployment insurance fund run by State-owned commercial banks, the financial sector financial account, the two lines of income and expenditure management, financial sector supervision according to law.
    Deposited on account of unemployment insurance fund, unemployment insurance agencies included in the budget for that year. Bank and in accordance with the regulations of the State unemployment insurance fund to buy bonds, according to urban and rural residents over the deposit interest rates and interest on the national debt interest.
    Interest of unemployment insurance fund into the unemployment insurance fund over the same period, shall make the interests of the financial sector credentials are forwarded to the local unemployment insurance agency.
    The unemployment insurance fund earmarked shall not be diverted to other purposes, shall not be used to balance the fiscal expenditure.
    15th unemployment insurance fund budgets and final accounts, compiled by the unemployment insurance agencies at all levels, by the labour and social security administrative departments at the review, the financial sector review summary, incorporate the budgets and final accounts, approval of Governments at the same level.
    16th unemployment insurance fund of financial systems and accounting systems in accordance with the relevant provisions of the State and the autonomous communities.
    17th the following conditions of unemployed, receiving unemployment insurance: (I) according to have participated unemployment insurance, the unit and I have to meet their financial obligations as stipulated under 1 year; (b) not because I intend to terminate or rescind the labour relations, and (iii) have undergone unemployment registration and have requested new jobs.
    The unemployed during the period of receiving unemployment insurance compensation, while enjoying other unemployment insurance benefits as provided herein.
    18th article unemployment personnel in received unemployment insurance during has following case one of of, stop received unemployment insurance, and while stop enjoy other unemployment insurance treatment: (a) again employment of; (ii) recruitment military service of; (three) moved outside of; (four) enjoy basic pension insurance treatment of; (five) was sentenced prison implementation or was reeducation-through-labor of; (six) no due reason, refused to accept local unemployment insurance handling institutions introduced work of; (seven) has legal, and regulations provides of other case of.
    19th enterprises and institutions should be issued in time for the unemployed terminates or proof of termination of labor relations, informed of his right to receive unemployment insurance benefits pursuant to the provisions, and who will lose jobs and files from the end or termination of labor relations within 7 working days from the date reported to local unemployment insurance filings.
    Enterprises, workers lost jobs, time should be given to the local unemployment insurance agency for registration.
    20th the unemployed when they apply for unemployment insurance benefits shall be made out of the unemployment insurance claim form, and provide the following information: (a) my identity, (ii) proof of termination or termination of labor relations unit, (iii) the registration of the unemployed and job-seekers to prove; (d) the employment service agencies require proof of the other. 21st unemployment insurance agencies should be unemployed persons receiving unemployment insurance applications received within 10 working days of the date, the unemployed applying for eligibility for unemployment insurance benefits is audited, and I and other matters related to the audit results.
    Audited qualified individuals, from its date of register with the unemployment benefits. 22nd monthly unemployment insurance unemployment insurance bodies.
    Unemployed with unemployment insurance unemployment insurance application registration form issued by the Agency on a monthly basis to receive unemployment insurance unemployment insurance and unemployment insurance agencies should be truthfully explain job and vocational training.
    23rd the unemployed former Unit today and I in accordance with the provisions of contribution times for 1 year less than 5 years of age receiving unemployment insurance benefits for a maximum period of 12 months total payment 5 years less than 10 years ' time, receiving unemployment insurance benefits for a maximum period of 18 months, cumulative time in payment for more than 10 years, receiving unemployment insurance benefits for a maximum period of 24 months. After the re-employment, unemployed again, payment time is recalculated, the period of receiving unemployment insurance compensation to previously unemployed shall receive and have not yet collected unemployment insurance period of consolidation, but shall not exceed 24 months.
    Unemployed to regain employment within 1 year after unemployment again, you can continue to apply for the previously unemployed shall receive and have not yet collected unemployment insurance.
    24th receive standard unemployment insurance, according to local urban minimum living standard 155%~165% release, and on this basis, each full 1-year monthly increase of 2.
    Unemployed during the family's average per capita living standards failed to meet minimum living standards for urban residents, should apply to the local Civil Affairs Department grants.
    25th after the expiry of the unemployed receive unemployment insurance benefits, re-employment is not implemented, in line with the conditions of subsistence allowances for urban residents, with proof of unemployment insurance agency, after the examination by the local departments of Civil Affairs, enjoy the benefits of subsistence allowances for urban residents.
    26th enterprises and institutions to hire contract workers and herdsmen completed 1 year of continuous service, and the unit has paid unemployment insurance premiums, labor contract expiration or termination of the labor contract in advance, by the unemployment insurance agency to a one-time living subsidy, every period of 1 year, 1 month issued NT equivalent to the average wage in society.
    27th of the unemployed receive unemployment insurance benefits during the basic medical insurance, unemployment insurance agencies in accordance with 60% of the local workers ' monthly salary of the previous year as base pay, from unemployment insurance funds of basic medical insurance funds directly into the accounts, and to enjoy basic medical care insurance benefits. 28th death of unemployed during the period of receiving unemployment insurance compensation, the families can the unemployed death certificates, unemployed families of identity, proof of relationship to the unemployment insurance and the unemployed receive a one-time funeral grant, pensions.
    Funeral expenses grant and pension reference to the staff regulations, according to relevant provisions of the State.
    29th the unemployed during the period of receiving unemployment insurance compensation, should be actively seeking work, active in vocational training, and in accordance with the regulations, enjoy preferential policies in employment services.
    30th unemployed career training, employment agency fees according to current year total amount of unemployment insurance funds 12%, within 6% control.
    Vocational training, employment subsidies mainly for: (a) free for unemployed in receipt of unemployment insurance benefits during vocational training, job placement, career counseling, career guidance and other services, (ii) other unemployed to have local residency provides vocational skills training, job placement, career counseling, career guidance, and deficiency payments such as employment support services. Autonomous regions and the around (City) according to actual need, according to Shang annual unemployment insurance fund accounts report prepared this year career training, and career introduced subsidies budget, autonomous regions unemployment insurance handling institutions according to autonomous regions and the around (City) unemployment insurance Fund levy paid amounts, and career training, and career introduced scale, and effect, reality balance budget, and according to this approach 15th article provides of program approved Hou by autonomous regions labor guarantees, and financial sector respectively to autonomous regions and the around (City) labor employment, and financial sector issued career training, and
    Indicators of employment subsidies.
    Vocational training, job credentials directly from the actual subsidy costs would be covered by the unemployment insurance fund, report on the use of financial departments at the same level. 31st the unemployed during the period of receiving unemployment insurance compensation interprovincial flow or migration, unemployment insurance transferable, should enjoy the unemployment insurance unemployment insurance relationship transfer. Unemployment insurance costs include unemployment insurance, medical benefits and vocational training, employment subsidies. Among them, the medical benefits and vocational training, employment subsidies according to the unemployed should enjoy unemployment insurance 50% of the total costs of transfer.
    Unemployed by floating across the integrated area within the administrative area for the State unemployment insurance with the transition boundaries, unemployment insurance costs no longer transfer.
    32nd financial and auditing departments to supervise the payment and administration of the unemployment insurance fund.
    33rd article does not meet the conditions of receiving unemployment insurance benefits are, unemployment insurance and other insurance benefits, unemployment insurance agencies ordered to return in serious cases, cheated by the administrative departments of Labor Security 3 times more than 1 time times times the amount of a fine.
    34th article payment units not according to provides declared should paid of unemployment premium amounts of, by labor guarantees administrative sector ordered deadline corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel can at 1000 Yuan above 5000 Yuan following of fine; plot special serious of, on directly is responsible for of competent personnel and other directly responsibility personnel can at 5000 Yuan above 10000 Yuan following of fine. 35th toll is not paid as prescribed and the withholding of unemployment insurance premium, the administrative departments of labor security ordered to pay late is still not paid, except to pay unpaid amount, from the date of default of payment, plus 2 of the late fee on a daily basis.
    Late payments into the unemployment insurance fund. 36th article payment units violation about financial, and accounting, and statistics legal, and regulations and national about provides, forged, and variable made, and deliberately destruction about account book, and material, or not set account book, led unemployment insurance payment base cannot determine of, except in accordance with about legal, and regulations of provides give punishment outside, in accordance with this approach 11th article second paragraph of provides levy paid; delay paid of, by labor guarantees administrative sector in accordance with this approach 35th article of provides added received late fees,
    And directly responsible for the charge and the other persons sentenced to more than 5000 Yuan 20000 Yuan fine.
    The 37th payment units and individuals on labor and social security administration punishment decision may apply for administrative reconsideration; administrative reconsideration is dissatisfied, you can file an administrative lawsuit in accordance with law.
    38th toll late refusing to pay unemployment insurance premiums, fines, the labor security administration departments request the people's Court shall enforce collection.
    39th labor Security Administration Department, unemployment insurance agencies of personnel who abuse their power, malpractice, negligence, resulting in loss of unemployment insurance, the labor security administration departments to recover the loss of unemployment insurance premium constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    40th article of any unit and individual embezzlement of unemployment insurance fund, unemployment insurance to recover misappropriated funds; their illegal gains, illegal income shall be confiscated and merged into unemployment insurance funds constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    41st specific problems in the application of these measures by the labor Security Administration Department is responsible for the interpretation of the autonomous region. 42nd these measures come into force on December 1, 2002.
                1994 issued by the autonomous regional people's Government of the Tibet Autonomous Region, the State-owned enterprise workers unemployment insurance measures repealed simultaneously.