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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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(Prelease No. 49 of the People's Government of the Tibetan Autonomous Region of 11 September 2002)

In order to further improve the unemployment insurance system, to guarantee the basic life of the unemployed, to promote re-employment and to maintain social security, and to develop this approach in line with the State Department's unemployment insurance regulations and other relevant provisions.
Article 2 State-owned enterprises, business units and foreign-investment enterprises within the administrative region of the autonomous zone and shares other than the previous enterprise (hereinafter referred to as businesses, business units) and their employees pay unemployment insurance under this scheme.
The unemployed persons in enterprises, units of the cause are treated under this scheme.
Collective enterprises, private businesses and other town enterprises and their employees pay unemployment insurance benefits, and are provided otherwise.
Article 3
(i) Implementation of unemployment insurance laws, regulations and policies;
(ii) To guide the work of the unemployment insurance agency;
(iii) Oversight inspection of the collection and treatment of unemployment insurance.
Article IV. Employment services that are affiliated to the executive branch are the institutions that conduct unemployment insurance operations and perform the following duties:
(i) Registration, investigation, statistics for unemployed persons;
(ii) The management of the unemployment insurance fund in accordance with the provisions;
(iii) The granting of unemployment insurance and other grants, in accordance with the provisions for the approved treatment of unemployment insurance;
(iv) Provide free advisory services to unemployed persons;
(v) The provision of vocational training for unemployed persons and the introduction of subsidies;
(vi) The budget, accounts, statistics, summary and presentation of the unemployment insurance fund;
(vii) Other responsibilities to be performed by the State and the autonomous areas.
In the self-government area, the unemployment insurance agency is responsible for the guidance, inspection of specific operations for the entire sector of unemployment insurance, and is responsible for the conduct of specific operations of the self-government sector's immediate (intermediate) enterprise, business unit and its employee unemployment insurance.
Unemployment insurance agencies are responsible for specific operational work of local (market)-based enterprises, business units and their employee unemployment insurance.
The field offices are entrusted by the executive branch of labour security in the self-government area and are responsible for the specific operational work of the enterprise, business units and their employee unemployment insurance.
Article 5
Article 6. Unemployment insurance contributions are paid by the unemployment insurance agency to the outgoing bank.
Article 7
(i) Unemployment insurance contributions paid by enterprises, utilities and their employees;
(ii) Interest in the Unemployment Insurance Fund;
(iii) Financial subsidies;
(iv) Other funds included in the Unemployment Insurance Fund by law.
Article 8 Aboriginal contract-making worker who is employed by an enterprise, a business unit does not pay a premium for unemployment.
The approval of the total salary of the employee is carried out in accordance with the National Statistics Office's provisions on the composition of the total salary.
Funds for unemployment insurance contributions paid by the treasury units are included in the financial budget at all levels.
Article 9. The unemployment insurance fund is charged, used and accounted for by self-government and local (markets) within the overall area.
Article 10 establishes unemployment insurance benefits in self-government areas.
In the self-governing area and in local (market) unemployment insurance institutions, the total unemployment insurance premiums that should be collected in the previous year are based on a total of 5 per cent, paying unemployment insurance premiums to the self-government sector in the first quarter of the year.
In the self-governing area, the unemployment insurance scheme will be reunited by the collected unemployment insurance premiums to the exclusive recipient of the unemployment insurance fund.
The main purpose of the unemployment insurance adjustment fund is to be used by the self-government sector and by the agencies of the self-government sector, when the unemployment insurance premiums are not fully used.
When the unemployment insurance premium is still unused, it is up to the same level of financial subsidies in the integrated jurisdictions.
Article 11. The contributory unit shall pay the monthly pay and related procedures within 15 days of the end of the month, to the amount of the unemployment insurance payable in the month of the declaration by the local unemployment insurance agency, and to pay the unemployment insurance premium within the month, as approved by the unemployment insurance agency.
The contributory units do not disclose the amount of the unemployment insurance payable, which is determined by the unemployment insurance agency by 10 per cent of the monthly contributions in that unit; the amount of unpaid prior-month contributions is not determined by the unemployment insurance agency to determine the amount of contributions due to the operating status of the unit and the number of workers. After the payment of the declaration by the paying unit and in accordance with the approved amount of the unemployment insurance, the agencies of the unemployment insurance are settled in accordance with the provisions.
Article 12
(i) The payment of unemployment insurance by month;
(ii) The contributory unit shall pay the unemployment insurance rate in accordance with article 8 of this scheme, and the contributory person shall be paid by the unit of the institution from its own salary;
(iii) In the course of five working days, in the case of the payment of unemployment insurance contributions from the accounts of the contributory units, the payment of the unemployment insurance premiums shall be transferred to the exclusive recipient of the unemployment insurance fund. If payments change, the Bank shall reflect the situation within five working days to the mandated unemployment insurance agency.
The unemployment insurance rate shall not be granted and shall not be refused.
Article 13
(i) Unemployment insurance;
(ii) Medical benefits for the period of unemployment insurance;
(iii) The funeral benefit of the unemployed during the period of unemployment insurance and the pension of their dependent spouse, immediate family;
(iv) Benefits for vocational training and career presentations during the receipt of unemployment insurance payments;
(v) The self-government area provides for or approves other costs related to unemployment insurance.
Article 14. The unemployment insurance fund shall be subject to the financial sector's financial specialization of the Unemployment Insurance Fund, which is operated by State commercial banks, and shall be governed by law by the financial sector.
The unemployment insurance fund, which was deposited with the financial exclusive, was incorporated into the budget by the unemployment insurance agencies.
Receipt in banks and unemployment insurance funds that purchase State debts in accordance with the State's provisions, interest rates and national debt interest payments are paid in the same period as rural and urban residents. The interest of the Unemployment Insurance Fund was incorporated into the same period of unemployment insurance funds, and the financial sector should transmit the interest vouchers to local unemployment insurance agencies at the time.
The unemployment insurance funds are earmarked and cannot be diverted from him or not to be used to balance financial expenditures.
Article 15. Budgets and accounts for the unemployment insurance fund, prepared by all levels of unemployment insurance institutions and reviewed by the same-level labour security administration, incorporated in the current financial budget, accounts and approved by the same Government.
Article 16 Financial systems and accounting systems of the Unemployment Insurance Fund are implemented in accordance with the relevant provisions of the national and autonomous areas.
Article 17 Persons who have the following conditions may receive unemployment insurance benefits:
(i) In accordance with the provision for participation in unemployment insurance, the unit and himself have fulfilled the payment obligation of one year in accordance with the provisions;
(ii) No termination or dismissal of labour relations as a result of his or her will;
(iii) The registration of unemployed persons and the requirement for employment.
During the receipt of unemployment insurance payments, unemployed persons enjoyed other unemployment insurance treatment under this scheme.
Article 18 The unemployed persons have one of the following conditions during the receipt of the unemployment insurance and have stopped receiving unemployment insurance payments while at the same time ending other unemployment insurance treatment:
(i) Reemployment;
(ii) The recruitment of military service;
(iii) Transmission;
(iv) Access to basic old-age insurance treatment;
(v) Execution or rehabilitation of a sentenced person;
(vi) To reject, without justification, the work of the local unemployment insurance agency;
(vii) Other cases provided for by law, regulations.
Article 19 Business, cause units shall communicate, in a timely manner, evidence of termination or dismissal of labour relations for unemployed persons, their right to unemployment insurance treatment, as set out in the provisions, and the lists and archives of unemployed persons shall be reported to the local unemployment insurance office for seven working days from the date of termination or removal of labour relations.
After the unemployment of the enterprise, the employee of the cause unit, it should be timely to the local unemployment insurance agency to conduct unemployment registration.
Article 20: The unemployment insurance scheme shall be completed in the event of the introduction of the unemployment insurance scheme, and the following evidence is provided:
(i) The personal status certificate;
(ii) proof of termination or dismissal of labour relations from the unit in place;
(iii) Unemployment registration and job registration certificates;
(iv) Employment service providers require other evidence.
Article 21, the unemployment insurance agency shall, within 10 working days of the date of receipt of the unemployment insurance scheme, review the eligibility of unemployed persons to receive unemployment insurance benefits and inform themselves of the findings and related matters. An unemployment insurance pension was paid from the date on which it was registered.
Article 2 The unemployment insurance scheme, which was granted by the Agency's Agency for the Insurance of Unemployment Insurance, was paid by the unemployment insurance agency by month to the unemployment insurance agency, and should provide job-seekers and vocational training.
Article 23 of the former employee's unemployment unit and himself for a period of less than five years in accordance with the provision for a cumulative payment period of less than one year, for a period of up to 12 months; for a cumulative payment period of less than five years, the unemployment insurance was for a maximum of 18 months; and for more than 10 years the cumulative pay period for unemployment insurance was up to 24 months.
After re-employment, the payment period was recalculated and the unemployment insurance payment period could be consolidated at the previous period of unemployment insurance payments that had not been paid but not more than 24 months. In the first year of re-employment, the unemployed could continue to claim that their former unemployment insurance payments should be received and that they have not yet been paid.
Article 24 of the unemployment insurance scheme provides a standard of 155 to 165 per cent of the minimum standard of living for the local urban population and, on that basis, the work has increased by $2 per month every one year.
The standard of living of the household in the period of unemployment of the unemployed persons has not reached the minimum standard of living for the urban population and should be applied to the local civilian sector.
Article 25 After the expiry of the unemployment insurance scheme, no further employment has been achieved, in accordance with the minimum living conditions of the urban population, as evidenced by the unemployment insurance agency, and the minimum living security of the urban population has been enjoyed by the local civil service.
Article 26 Employers who have been employed by businesses, units of the cause have worked for a consecutive period of up to one year, and the unit has paid their unemployment insurance contributions, the labour contract has expired or otherwise removed the labour contract in advance, and the unemployment insurance agencies receive a lump-sum payment for every one month.
Article 27 provides for basic health insurance expenses for unemployed persons during the period of unemployment insurance benefits, with 60 per cent of the average monthly salary of employees on the ground as a contribution base, directly from the unemployment insurance fund to the exclusive of the basic health insurance fund and access to basic health insurance treatment.
Article 28 Deaths of the unemployed persons during the receipt of the unemployment insurance pension can be certified by their families as a result of the death of the unemployed, the status of the family of the unemployed, the relationship with the unemployed, and the payment of a lump burial grant to the unemployment insurance agency. The funeral payment and pension payments are applied in accordance with the relevant provisions of the self-government area, in the light of the provisions of the current employee.
During the receipt of unemployment insurance payments, the unemployed should be given active employment, proactive vocational training and preferential policies for the provision of employment services.
Article 33 Vocational training for unemployed persons and occupational introduction subsidies are administered in an internal manner in accordance with 12 per cent of the total unemployment insurance fund for the year.
Vocational training, occupational presentation subsidies are mainly used:
(i) Provide vocational skills training, vocational presentations, vocational counselling, vocational guidance, etc. for unemployed persons who receive unemployment insurance payments free of charge;
(ii) Provide occupational skills training, career presentations, vocational counselling, vocational guidance, employment promotion services for other unemployed persons with local towns.
In accordance with actual needs, in accordance with the annual unemployment insurance fund's accounts statement, the self-governing institution has prepared the current annual vocational training, occupational introduction subsidy budget, which is based on the self-government area and local (market) unemployment insurance funds, vocational training, vocational training, job description, effectiveness, etc., and, in accordance with the procedures set out in article 15 of this scheme, is subject to labour security in the self-governance area, the financial sector provides employment, vocational training, job subsidies to the self-governing area and to the local (market).
Vocational training, job descriptions of the actual subsidy costs are charged directly from the unemployment insurance fund and are used in a timely manner in the same financial sector.
Article 31 provides for the movement or relocation of unemployed persons during the receipt of unemployment insurance, and the subsequent transfer of unemployment insurance relations, and the cost of unemployment insurance that they should receive is also transferred to unemployment insurance relations. The cost of unemployment insurance includes unemployment insurance payments, medical grants and vocational training, occupational introduction subsidies. Of these, medical grants and vocational training, occupational introduction subsidies were transferred by 50 per cent of the total cost of unemployment insurance benefits to be enjoyed by the unemployed. Unemployment workers are moving across integrated areas within the administration of self-government zones, and unemployment insurance relations are being relocated and unemployment insurance costs are no longer transferred.
Article 32. The financial sector and the audit sector are governed by law by the income and expenditure of the Unemployment Insurance Fund.
Article 33 is not in accordance with the conditions for the treatment of unemployment insurance, for example, for unemployment insurance and other unemployment insurance treatment, which is returned by an agency responsible for unemployment insurance, and, in serious circumstances, is fined by the Labour Guarantee Administration for more than three times the amount.
Article XIV of the contributory unit has not reported the amount of unemployment premiums to be paid in accordance with the provisions of the regulations, which are modified by the time limit of the executive order of labour security; in the case of serious circumstances, a fine of up to 5,000 dollars for the direct responsible supervisors and other direct responsibilities may be imposed; in exceptional circumstances, a fine of up to 5,000 dollars for the direct responsible and other direct responsibilities.
Article XV did not pay and deduct the unemployment insurance under the provisions, which was paid by the Labour Security Administration for a period of time; the late non-payment was still outstanding and, with the result of the unpaid contributions, 2 per 1,000 per 1,000 per 1,000 per day. The garner was incorporated into the Unemployment Insurance Fund.
Article 36 contributory units violate the relevant financial, accounting, statistical laws, regulations and national provisions, forfeiture, conversion, intentional destruction of the relevant books, materials, or forfeitures, rendering the unemployment insurance payments base undetermined and, in addition to the penalties imposed under the relevant laws, regulations, payments pursuant to article 11, paragraph 2, of this scheme, for delays in payment, to be paid by the Labour Guarantee Administration to cover the payment of funds in accordance with article 35 of this scheme, and impose a fine of $50 million for the directly responsible personnel.
Article 37 contributory units and contributory individuals may apply for administrative review in accordance with the law; administrative proceedings may be instituted in accordance with the law.
Article 338's late refusal to pay for unemployment insurance and lag funds was imposed by the Labour Guarantee Administration for the payment of the People's Court by law.
Article 39 of the Labour Guarantees Authority, staff members of the unemployment insurance agency abuse their duties, provocative fraud, instruction, negligence, resulting in loss of unemployment insurance premiums, unemployment insurance premiums recovered by the labour guarantee administration, legal accountability, and non-crime and administrative disposition by law.
Article 40 Any unit, individual misappropriation of the unemployment insurance fund, recovery of the misappropriated unemployment insurance fund, the confiscation of proceeds of the law and the integration of proceeds of the offence into the unemployment insurance fund, the legal accountability of the offence, the absence of an offence, and the administrative disposition of the person responsible for the direct responsibility.
The specific issues in the application of this approach are explained by the executive branch responsible for labour security in the self-government area.
Article 42 The Western Tibetan Self-Autonomous Region (WAA) scheme was also repealed in 1994 by the People's Government.