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Tibet Autonomous Region Workers Maternity Insurance Schemes

Original Language Title: 西藏自治区职工生育保险办法

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Chapter I General

In order to preserve the legitimate rights and interests of the worker, article 1 guarantees the treatment of maternity insurance in accordance with the law of the People's Republic of China, the People's Republic of China's Social Insurance Act, the People's Republic of China Women's Rights Guarantee Act, and develops this approach in conjunction with the self-government area.

Article II. National organs, utilities, social groups, various types of businesses, non-commercial units, individual economic organizations and other social organizations (hereinafter referred to as the user's unit) at all levels of the self-government area shall participate in maternity insurance in accordance with the law and pay maternity contributions to their employees or employed workers (hereinafter referred to as workers).

The maternity insurance policy for employed persons in public interest is implemented in accordance with the provisional approach to the development of public goods in the Tibetan Autonomous Region.

Article 3. The Social Insurance Administration of the Self-Government Zone is responsible for the guidance, coordination, supervision and supervision of the management of maternity insurance for all-zone workers; relevant policy programmes such as the adjustment of maternity insurance payments standards, approval by the Government of the People's Republic of the autonomous region; and the administration of social insurance in all regions (communes), districts (zones) are responsible for the management of maternity insurance services in the current administration.

Social insurance agencies affiliated with the social security administration at all levels of the self-government area (hereinafter referred to as the executing agency) undertake specific work on the collection, construction, management and treatment of maternity insurance premiums, etc.; establish a safe maternity insurance operation process, fund security and risk management system, the Fund's pre-accounting system, financial accounting systems and internal audit systems, and produce statistical statements.

Various sectors such as hygienic, finance, audit, price and trade unions and gynaecologists are working in conjunction with their respective responsibilities for maternity insurance.

Article IV provides for integrated and decentralized management at the level of self-government, a unified system, collection, uniform accounting, unity of payments, and unity of settlement.

Chapter II Reproductive Insurance Fund

Article 5

(i) Payment of maternity insurance by a person's unit;

(ii) The interest of the maternity insurance fund;

(iii) Feasibility of maternity insurance;

(iv) Other funds under the Reproductive Insurance Fund are incorporated in accordance with the law.

Article 6. Maternity insurance funds are used as follows:

(i) Medical costs for workers, unemployed persons and workers who are not employed as spouses or for family planning operations;

(ii) The maternity allowance for the period of maternity leave for the employee;

(iii) A one-time nutritious allowance for spouses of employees, unemployed persons and workers who are not employed;

(iv) Other expenditures of the maternity insurance fund are incorporated in accordance with the law.

Article 7. The Maternity Insurance Fund raises the principle of payment, payment of basic balance of payments, payment of maternity insurance contributions by State agencies, treasury units, social groups, in accordance with the unit's total salary of 0.7 per cent, all types of businesses, civil service units, individual economic organizations and other social organizations pay maternity insurance contributions at 0.5 per cent of the total employee's salary in accordance with units.

Specific approaches to the payment, collection and management of maternity insurance are governed by the provisional Social Insurance Scheme Regulations, the Social Insurance Statement of Payments.

Article 8. The unit of the new owner (with 30 days from the date of its establishment) shall conduct the registration, payment and declaration of maternity insurance to the host social insurance agencies and pay maternity insurance in full in accordance with the monthly payment of maternity insurance. Maternity insurance shall not be granted.

For reasons such as difficulties, the user unit is temporarily unable to pay its maternity insurance contributions in full and in a timely manner, and the social insurance administration has been authorized by the local social insurance agency, the payment may be suspended for a period not exceeding six months, the period of payment is still subject to maternity insurance treatment; the termination or modification of the registered social insurance institution, as a result of the dismissal, cancellation, insolvency, etc., shall be terminated or modified by law, and the payment of maternity insurance units shall be made in accordance with the law.

Article 9. During the period of payment of contributions by the user unit for a continuing period of less than 12 months or after the insured person, its employees and workers did not have the employment spouse's maternity or the expenses incurred in connection with maternity insurance during the implementation of family planning operations, the maternity insurance fund was not paid, but the employee and the employee did not have maternity insurance treatment, and their maternity insurance treatment was paid by the user unit in accordance with the standards set out in the self-government area.

Article 10. The unit of the person shall, as in the case of the actual declaration of the number and total wages of the worker; the information on the actual provision of the employee's roster, the wage sheets, the financial accounts. The above-mentioned information must not be forged, altered, false, concealed or concealed.

The average monthly wage of the employee was calculated by the user unit at the average of 60 per cent of the average monthly salary for the full-time active employee in the previous year, based on 60 per cent of the average monthly salary of the employee in the previous year, up from 30 per cent per cent of the average monthly salary of the full-time workers in the previous year, at 30 per cent per cent of the average monthly salary of the full-blowner. The total wages of workers are determined in accordance with the projects set by the National Statistics Office.

Article 11 gives birth insurance contributions to the full allocation of funds, in the financial budget, and in the balance sheets and self-funding funds for the financial budget arrangements; maternity insurance contributions paid by various enterprises, civil service units, individual economic organizations and other social organizations from labour insurance contributions and funds.

Article 12. The maternity insurance fund has been incorporated into the financial specialization, with the introduction of the “payment of income and expenditure line” management, with separate accounts, accounting, exclusive storage, specialization, and no unit or person may be stopped, crowded and diverted.

The maternity insurance fund is stored and spent through self-government zones, local (commune) social insurance agencies and the fiscal sector in the State commercial banks through the self-government zone, the “income households, the financies, the expenditure wards”, and the financial sector of the local (market) shall be vested in the executing agency in the timely payment of the funds earmarked for the self-government sector, such as the monthly payment of maternity insurance contributions and Government subsidies, the interest of the exclusive household.

The Maternity Insurance Fund and its benefits are not taxable.

Chapter III Maternity insurance treatment

Article 13. Medical expenses incurred by workers, unemployed persons and employees who do not have a spouse of employment or carry out family planning operations have been implemented, with a specific settlement being developed by the Social Insurance Administration of the self-government area with the financial, health-care components.

Article 14. The wages that had been paid were fully deducted from the maternity allowance until maternity benefits were paid.

The maternity allowance is calculated on the basis of the average monthly wage base of the employee's unit, which is 30 days in addition to the 30-day period. The maternity allowance is paid in full from the maternity insurance fund by a social insurance agency and is paid in full to the employee on time after deduction of the salary paid.

The difference is partly filled by the unit of the employee, where the maternity allowance is less than his or her maternity or termination of the pregnancy and the application of the pre-stige salary.

Unemployed persons and employees do not receive maternity benefits.

Article 15. Employers receive 120 days of maternity benefits (15 days of prenatal leave). An increase in the number of days of maternity benefits:

(i) A 15-day increase in hardship;

(ii) More than 15 days of births;

(iii) Two and more infant survival for a period of four months and more, up to 30 days;

(iv) An increase of 30 days by providing for the use of the first creed.

At the same time, the number of days receiving maternity benefits is calculated in accordance with the above paragraphs.

During the period of maternity of workers, their spouses enjoyed 15 days of care benefits, which were paid in accordance with the maternity allowance standard.

Article 16 Employers carry out family planning operations to end pregnancy and receive maternity benefits.

(i) The termination of pregnancy (including natural abortions, artificial abortions, etc.) after two months of pregnancy, with 20 days of maternity benefits;

(ii) The termination of pregnancy for more than four months (two months) and 30 days of maternity benefits;

(iii) The termination of pregnancy for more than four months (four months) with 50 maternity benefits;

(iv) The right to 50 days of maternity allowance for outside of the home;

(v) Implementation of the transmission (former) operation, with 20 days of maternity benefits.

The above-mentioned subparagraphs (i) to (iv) put an end to the pregnancy at the same time as the placement of nutrients and the introduction of nutrients, respectively, of three days and five days of maternity benefits.

Article 17 participates in the maternity insurance in my district, and participates in the residential health insurance or in the medical system of the pastoral areas, with no repayment of maternity medical expenses.

Article 18 Employers, unemployed persons and unemployed spouses are granted a lump-sum payment for a one-time nutrition benefit, which is 1 per cent of the average annual salary for the full-blowner.

Article 19

(i) In line with the relevant provisions of the National Population and Family Planning Act, legislation and self-government in relation to maternity policy;

(ii) The user unit participates in maternity insurance under this scheme and pays for 12 months.

Article 20, Staff members, unemployed persons and unemployed spouses shall be given the following evidence:

(i) Applications for maternity insurance treatment;

(ii) The original and photocopy of the Family Planning Administration;

(iii) The identification of the spouses, the original marriage certificate and the reproduction of copies;

(iv) Sources such as birth medical certificates from medical institutions, baby death certificates, maternity or family planning medical certificates;

In addition to the submission of the above-mentioned (i) to (iv) materials, the unemployed workers are required to submit to the Labour Employment Service in the Tibetan Autonomous Region for the examination of the employment registration certificate and the original and photocopy of the unemployment insurance treatment;

In addition to the submission of the above-mentioned (i) to (iv) material, the employee is required to submit a certificate of non-working units from the employee's unit or the spouse's village (resident) committees.

Article 21 shall be subject to timely review of the submissions submitted by the applicant, in accordance with conditions that shall receive and receive maternity insurance treatment from the authorized worker and the employee's non-employed spouses within 30 days of the date of receipt and receipt, and shall be given a lump-sum payment; and, in the event of non-conditional conditions, written notice shall be given in a timely manner.

In order to ensure that maternity benefits from the financial allocation unit are paid in full and on time, the user unit should receive the number of maternity benefits, days, allowance standards, etc., as well as a detailed summary of the total amount of the same financial sector on time.

Chapter IV Management and oversight

Article 23. Any organization or person has the right to report, complain about violations of the laws and regulations governing maternity insurance.

Various sectors such as social security administration, hygienic, financial, audit and price should be treated in accordance with the law and should inform and refer to sectors entitled to be dealt with in writing. Sectors entitled to be addressed in a timely manner should not be construed.

Article 24, where a person considers that his or her maternity insurance is lawfully infringed, may apply to administrative review or administrative proceedings in accordance with the law; the person and the user's unit may apply for conciliation, arbitration and prosecution.

Article 25 The verification sector should conservative the relevant secrets of the user unit.

Oversight inspections are carried out by means of regular inspections, periodic inspections and the combination of reporting inspections.

Chapter V Legal responsibility

Article 26 Unregisters of maternity insurance are not registered by the social insurance administration, which is corrected by the time period of time, with a fine of more than three times the amount of the child's unit paying the child's contribution rate, and a fine of up to three thousand dollars for its direct responsible supervisors and other direct responsibilities.

Article 27 does not pay maternity contributions in full and on time, and is paid by social insurance for the duration of the institution's responsibilities or for the addition of five lags per day from the date of the contributory payment; the amount of unpaid payments is less than three times the amount owed.

Article 28 of the Social Insurance Agency's self-imposed changes in the payment base, rate, resulting in a lack of receipt or multiple receipt of maternity insurance contributions, which are paid by the social insurance administration in the autonomous region or returned to unpaid maternity insurance contributions that should not be paid; and the legal disposition of the direct responsible and other direct responsibilities.

Article 29 of the Social Insurance Agency and its staff members are disbursed without delay, increased or reduced the treatment of child-care insurance, and are redirected by the Social Insurance Administration; liability is vested under the law to the maternity insurance fund, the user unit or the individual for loss; and the treatment of the competent and other direct responsibilities directly responsible.

Article 31 violates this provision by concealing, transferring, intrusing, misappropriating and using the maternity insurance fund, which is recovered by the social security administration, the financial sector, the audit department responsible, and by the law by the competent and other persons directly responsible. Those suspected of committing crimes were transferred to the judiciary.

Article 31 of the medical institution violates the present provision to the relevant units, individuals for false birth or for the implementation of family planning operations, which are certified to be serious, and the competent and other persons directly responsible under the law of the relevant authorities.

Article 32, any organization or individual, by means of fraud, is charged with the treatment of maternity insurance, which is recovered by the Social Insurance Administration, and is charged with a fine of up to five times the amount. Those suspected of committing crimes were transferred to the judiciary.

Annex VI

The number of days to receive maternity benefits is calculated by natural days, with statutory holidays.

The self-government sector's family planning policy has been adjusted to the number of days and criteria for maternity benefits for workers, specifically by the Social Insurance Administration of the self-government zone, with the health and financial sector of the self-government area.

Article 34 of this approach is implemented since the date of publication. The Maternity Insurance Scheme for Urban Employers in the Tibetan Autonomous Region (No. 76 of the People's Government Order No. 76 of the Tibetan Autonomous Region) was introduced on 1 March 2007.