In China, Hainan Province, Hainan Provincial People's Government On The Revision Of The Urban Unemployment Insurance Rules For The Implementation Of Decision

Original Language Title: 海南省人民政府关于修改《海南省城镇从业人员失业保险条例实施细则》的决定

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In China, Hainan Province, Hainan Provincial people's Government on the revision of the urban unemployment insurance rules for the implementation of decision

    (May 14, 2012, people's Government of Hainan fifth 78th Executive Meeting May 29, 2012, Hainan Provincial people's Government announced come into force on the date of promulgation, order No. 238) provincial people's Government for decision on the town in Hainan Province in China implementing rules of the unemployment insurance regulations read as follows: First, modify the fourth paragraph of article to: "town in the administrative region of this province employers recruit foreigners in accordance with law, shall, in accordance with the provisions of the Ordinance to participate in unemployment insurance. But has signed with the China social security bilateral or multilateral agreements state the nationality of the personnel in the province the town employment of the employer, in accordance with the provisions of the agreement.

    ”

    Bis, fifth amendment: "registration and payment of unemployment insurance according to the following regulations:

    "(A) the following units at the provincial social insurance agency for the unemployment insurance registration and payment amount after approval, Haikou is imposed by the social insurance agency paid unemployment insurance premiums:

    "1. in Haikou region directly under the Central Government, provincial authorities and institutions at or above the provincial level of the home, such as registration of private non-enterprise units, social organizations, foundations, law firms, accounting firms and other organizations registered with the industrial and commercial administration departments at or above the provincial level enterprises, recruiting troops in Joan units with no army personnel;

    "2. the voluntary application at the provincial social insurance agencies have participated unemployment insurance, and submitted to the approval of the province, the social security administration, railways, ocean shipping, trans-regional mobility, production of larger enterprises.

    "(B) employers in the Yangpu economic development zone in Yangpu, the social insurance agency for unemployment insurance registration and contributions after the approval, in the Yangpu economic development zone is imposed by the social insurance agency paid unemployment insurance premiums. "(C) any other employer in the host cities, counties, autonomous counties of social insurance agencies after registration and contributions approved for unemployment insurance, is imposed by local social insurance agency paid unemployment insurance premiums.

    ”

    Third, will be the sixth article is revised as follows: "and the amount of the payment and payment of wages of employees of the employer and approved by the social insurance agency in accordance with the provisions of the Ordinance. "List of employer insurance practitioners in this unit should be public, declared to the social insurance institution of the unit base amount and the individuals contribution base should be separately signed by the legal representatives and employees confirmed.

    ” Four, addition of an article, as the seventh article: "social insurance agency is entitled to verify the employer's employee roster, payroll, and financial accounting records and other information required for unemployment insurance, investigation and inspection charge units and individuals of the insurance payment, the payer entities and individuals according to law to punish violations.

    ”

    Five, the eighth to Nineth, and this article in the "second Ordinance of State organs and by reference to other organs, national civil service management unit" amended to read "under article II of the regulations of the State institutions, social groups and the national civil service law".

    Six, the 11th to 12th, is revised as follows: "practitioner mobility across provinces, unemployment insurance and unemployment insurance premiums transfer modality, performed by the unemployment insurance agency in accordance with the relevant provisions of the State.

    "Practitioners within the province, trans-regional flow, transfer the unemployment insurance relationships, without transferring the unemployment insurance premium. "The transfer of employees when it comes to unemployment insurance, go to unemployment insurance agencies should provide unemployment insurance agencies in China provide unemployment insurance benefits that have been enjoyed.

    ”

    Seven, the 13th to 14th, amended to read: "mentioned in article III of the regulations not because of my willingness to interrupt employment refers to interruption of employment due to any of the following circumstances:

    "(A) in accordance with the labor contract law, the 44th article, the fourth the fifth rule terminates the labor contract;

    "(Ii) the employer in accordance with the labor contract law of the 39th, 40th, 41st, stipulates that discharges the labor contract;

    "(C) the employer to the worker in accordance with the labor contract law article 36th labor contracts and negotiate a labor contract with workers;

    "(D) the employer proposes to terminate the employment contract or the employer to dismiss or remove, dismiss;

    "(E) the worker himself terminates the labor contract in accordance with labor contracts 38th article; "(Vi) other circumstances as stipulated by laws, rules and regulations.

    ”

    Eight, add one, as the 15th: "serving prison sentence for being a person who performs or reeducation through labor, compulsory isolation rehabilitation and employer terminates the labor contract in their prison, reeducation through labor expires, compulsory isolation rehabilitation after discharge or senior citizen's parole, are eligible to receive unemployment insurance benefits, unemployment insurance benefits since the date on which the register with the unemployment. "The unemployed during the period of receiving unemployment insurance compensation was sentenced to prison execution, reeducation through labor, or compulsory isolation rehabilitation ceased to receive unemployment insurance benefits, and their sentences, reeducation-through-labor expires, compulsory isolation rehabilitation after being lifted or parole is still unemployed, restoration of receiving unemployment insurance compensation and or other unemployment insurance benefits.

    ”

    Article nine, the 14th to 16th and in the article "the 23rd article of the rules" is amended as "the 22nd article of the Ordinance". Ten, the 15th to 17th and amended as: "before January 1, 1994, according to the national regulations of uninterrupted work or treated as a period of contributions, and the actual time to consolidate insurance premium has been paid.

    Veterans attend town employee unemployment insurance according to state regulations, the military service period treated as a period of contributions. "Re-employment of the unemployed unemployed again after the period of contributions is recalculated.

    ”

    Plenary, and the 16th to the 18th, and the article in the "18th of the regulation is amended as" article 17th of the regulations ". 12, and will 18th article to 20th article, and will the article second paragraph modified for: "by Qian paragraph provides standard calculation of unemployment insurance, above or is equal to this province a area provides of workers minimum months wage standard of, according to a area minimum months wage standard of 98% issued; below or is equal to Haikou city residents minimum life guarantees standard of 150%, according to Haikou city residents minimum life guarantees standard of 150% issued.

    ” 13, the addition of an article, as the 21st: "unemployed during the period of receiving unemployment insurance compensation of self-employment, business license and tax registration certificate and other proof of unemployment insurance agency provides material to the unemployment insurance agency applications for lump sum remaining term of unemployment insurance.

    ”

    Article 14, the 19th to 22nd and amended as: "the unemployed during the period of receiving unemployment insurance compensation, participating in basic medical insurance for urban workers, enjoy basic health insurance benefits. "Unemployed persons shall pay the basic medical insurance premiums paid from the unemployment insurance fund, the contribution base for the province last year's average monthly wage of fully employed staff, rates for employer and employee contribution rates and.

    Individuals do not pay medical insurance premiums.

    "Stopped because the legal situation of unemployed persons receiving unemployment insurance benefits, unemployment insurance funds pay their medical premiums. "Of receiving unemployment insurance compensation of people participating in basic medical insurance for urban employees specific measures formulated by the province, the social security administration authorities and the provincial financial department.

    ”

    Section XV, by deleting its 20th, 22nd, 23rd.

    Under article 16, the 21st to the 23rd, and the article in the "host cities, counties, autonomous counties" is amended as "the province".

    17, the addition of an article, as the 24th: "following payment of the subsidy programs and specific standards, by the social security administration of the province in conjunction with provincial financial departments concerned:

    "(A) during the period of receiving unemployment insurance compensation received vocational training of unemployed persons, vocational skill identification, job subsidies and own businesses small secured loan payments;

    "(B) the unemployed during the period of receiving unemployment insurance compensation be absorbed by the employer re-employment of job subsidies or social insurance subsidy;

    "(C) stable jobs on-the-job training subsidies or social insurance subsidy. "Subsidy programs and Reemployment funds similar benefits in the preceding paragraph shall not be enjoyed.

    ”

    Under article 18, the 25th to 26th and amended as: "the unemployment insurance agency shall, in accordance with the provisions of the Ordinance of the expenditure ranges to the unemployment insurance fund, development of annual spending plans reported to the social security administration and finance departments for examination and approval in the unemployment insurance fund's budget. "The social security administration and the financial sector to the unemployment insurance agency 1/3 per cent of the budget allocated to the funds, after acceptance by stipulation.

    ”

    Article 19, the 27th to 28th, and in the article "administrative departments of labor security" is amended as "social security administration".

    20 in China, Hainan Province towns of detailed rules for the implementation of other provisions of the unemployment insurance regulations "Ordinance" is amended as "the regulations", "the collector" is amended as "is imposed by the social insurance institution".

    This decision shall come into force as of the date of.

    Implementing rules of the towns in China, Hainan Province, the unemployment insurance act be amended accordingly and the provisions under this decision be adjusted accordingly in the order promulgated anew.

    : A town in Hainan Province in China implementing rules for the regulations on unemployment insurance 2012 (revised)

    (July 22, 2002, Hainan Provincial people's Government to the 158th released on May 29, 2012 in China, Hainan Province, the Hainan Provincial people's Government on the changes of urban revision of the unemployment insurance regulations of the rules for the implementation of decisions)

    First in China, Hainan Province, in accordance with the cities and towns of the unemployment insurance regulations (hereinafter referred to as the regulations), these rules are formulated.

    Within the scope of article II of the Ordinance provides employees, regardless of where the residence or their access to specific forms of remuneration, shall, in accordance with the regulations to have unemployment insurance.

    Third provincial agencies in Joan's employees shall participate in unemployment insurance as provided for in the regulations, but household registration, personnel files outside the province and outside the province, excluding unemployment insurance.

    Fourth section established within the administrative region of this province of foreign organizations representative offices in Hong Kong, Macao and Taiwan areas organizations representative offices and the hiring of Chinese workers should participate in unemployment insurance as provided for in the regulations.

    Employed in the administrative area of the province of Taiwan residents and Chinese citizens in the Hong Kong and Macao residents should participate in unemployment insurance as provided for in the regulations. Town in the administrative region of this province employers recruit foreigners in accordance with law, shall, in accordance with the provisions of the Ordinance to participate in unemployment insurance.

    But has signed with the China social security bilateral or multilateral agreements state the nationality of the personnel in the province the town employment of the employer, in accordance with the provisions of the agreement.

    Fifth unemployment insurance registration and payment according to the following regulations:

    (A) the following units at the provincial social insurance agency for the unemployment insurance registration and payment amount after approval, Haikou city in LISU is imposed by the social insurance agency paid unemployment insurance:

    1. in Haikou region directly under the Central Government, provincial authorities and institutions at or above the provincial level of the home, such as registration of private non-enterprise units, social organizations, foundations, law firms, accounting firms and other organizations registered with the industrial and commercial administration departments at or above the provincial level enterprises, recruiting troops in Joan units with no army personnel;

    2. voluntary at the provincial social insurance agencies have participated unemployment insurance, and submitted to the approval of the province, the social security administration, railways, ocean shipping, trans-regional mobility, production of larger enterprises.

    (B) employers in the Yangpu economic development zone on Yangpu social insurance agency for the unemployment insurance registration and contributions after the approval, in the Yangpu economic development zone is imposed by the social insurance agency paid unemployment insurance premiums.

    (C) any other employer in the host cities, counties, autonomous counties of social insurance agencies after registration and contributions approved for unemployment insurance, is imposed by local social insurance agency paid unemployment insurance premiums.

    Sixth article and the amount of the payment and payment of wages of employees of the employer and approved by the social insurance agency in accordance with the provisions of the Ordinance.

    List of employer insurance practitioners in this unit should be public to the social insurance agency to declare the unit base amount and the individuals contribution base should be separately signed by the legal representatives and employees confirmed.

    Seventh employees of the social insurance agency shall have the right to verify the employer roster, payroll tables, financial accounting and bookkeeping required for unemployment insurance information, investigation and inspection charge units and individuals of the insurance payment, the payer entities and individuals according to law to punish violations. Eighth an employer and its employees shall not participate in two or more unemployment insurance; already, unemployment insurance agencies should repeat to pay unemployment insurance premiums into the unemployment insurance fund, individual contributions refunded himself.

    Repeated access to unemployment insurance benefits, be recovered by the unemployment insurance agency.

    Nineth under article II of the regulations of the State and the civil servant law institutions, social organizations shall enter into a labor contract in China and no army personnel in the contingent, according to my salary the months 1% pay unemployment insurance premiums, employer insured salary the months 2% pay unemployment insurance premiums.

    Tenth employer implementation of weeks, days, hours, wages or wages must be paid immediately after the completion of a specific task, declared and authorized payment of the insurance premium has been paid when the wage base, should be in accordance with the People's Republic of China 50th of the Labour Code provides that the conversion of this type of pay is paid for months.

    Insurance premium has been paid monthly salaries shall not be less than the city, County, autonomous county 60% in the previous year's average monthly wage of fully employed staff; no more than of the city or County, autonomous county 300% in the previous year's average monthly wage of fully employed staff. 11th the employer in violation of the regulations in China led to failing to receive unemployment insurance benefits and related costs paid by the employer for the period of unemployment.

    The employer refused to pay, the party concerned may in accordance with the regulations to the labor dispute arbitration institution for arbitration; for the arbitration decision, may bring a civil action.

    12th employee mobility across provinces, unemployment insurance and unemployment insurance premiums transfer modality, performed by the unemployment insurance agency in accordance with the relevant provisions of the State.

    Practitioners within the province, trans-regional flow, transfer the unemployment insurance relationships, without transferring the unemployment insurance premium.

    Transfer of employees when it comes to unemployment insurance, go to unemployment insurance agencies should provide unemployment insurance agencies in China provide unemployment insurance benefits that have been enjoyed.

    13th due to bankruptcy of the employer, revoked statutory termination shall be debts due to payment of unemployment insurance premiums and interest according to law.

    Employer restructuring, merger, Division, transfer, the original unit in default of payment of unemployment insurance premiums shall be liquidated in accordance with law; the original units in China in the new unit to continue employment, continuous calculation in the original number of years insured.

    The 14th article of the Ordinance not because I intend to interrupt the employment referred to in article, refers to interruption of employment due to any of the following circumstances:

    (A) in accordance with the labor contract law, the 44th article, the fourth the fifth rule terminates the labor contract;

    (B) the employer in accordance with the labor contract law, the 39th, 40th, 41st, stipulates that discharges the labor contract;

    (C) the employer to the worker in accordance with the labor contract law article 36th labor contracts and negotiate a labor contract with workers;

    (D) the employer proposes to terminate the employment contract or the employer to dismiss or remove, dismiss;

    (E) the worker himself terminates the labor contract in accordance with labor contracts 38th article;

    (Vi) other circumstances as stipulated by laws, rules and regulations.

    15th in-service personnel sentenced to prison execution or reeducation through labor, compulsory isolation rehabilitation and employer terminates the labor contract in their prison, reeducation through labor expires, compulsory isolation rehabilitation after being lifted or parole, are eligible to receive unemployment insurance benefits, unemployment insurance benefits since the date on which the register with the unemployment.

    The unemployed during the period of receiving unemployment insurance compensation was sentenced to prison execution, reeducation through labor, or compulsory isolation rehabilitation ceased to receive unemployment insurance benefits, and their sentences, reeducation-through-labor expires, compulsory isolation rehabilitation after being lifted or parole is still unemployed, restoration of receiving unemployment insurance compensation and or other unemployment insurance benefits. 16th the unemployed unemployment insurance agencies should be personally undergone unemployment registration and apply for unemployment insurance benefits and other related procedures.

    22nd provision of the Ordinance may be entrusted to another agency of other special circumstances, refer to the following:

    (A) the unemployed action due to injury problems, was unable to take care of;

    (B) unemployed persons unable to handle due to force majeure;

    (C) other circumstances stipulated by laws and regulations. 17th before January 1, 1994, according to the State regulations of uninterrupted work or treated as a period of contributions, and the actual time to consolidate insurance premium has been paid.

    Veterans attend town employee unemployment insurance according to state regulations, the military service period treated as a period of contributions.

    Unemployed people back to work again after the unemployment period of contributions is recalculated.

    17th to 18th article of the Ordinance necessary period of receiving unemployment insurance, approved by the following ways:

    Paying more than 1 year of age, the cumulative contribution times every 5 months, approved to receive unemployment insurance benefits for a period of 1 month.

    Calculated according to the provision of the preceding paragraph, the cumulative lack of contribution times for 5 years 10 years calculated duration of up to 18 months, approved by the 18-month total contributions for more than 10 years, calculated duration of more than 24 months and 24 months for final approval.

    19th the unemployed back to work again after the unemployed, the period for receiving unemployment insurance benefits and previously unemployed shall receive and have not yet collected unemployment insurance period of consolidation, but shall not exceed 24 months.

    The unemployed return to the workforce during the period of receiving unemployment insurance compensation after less than 1 year unemployment again, you can continue to access to previous unemployment should not receive unemployment insurance benefits, but the term shall not exceed 24 months.

    20th unemployment insurance plan standard for the first 12 months of unemployment I paid unemployment insurance premiums monthly wage 60%.

    Unemployment insurance based on the standards prescribed in the preceding paragraph, is higher than or equal to the province to a minimum monthly wage of staff and workers of the region, according to a monthly minimum wage of 98% released; less than or equal to 150% of the minimum living standards for urban residents in Haikou city, according to the Haikou 150% issued minimum living standards for urban residents.

    21st the unemployed during the period of receiving unemployment insurance compensation of self-employment, business license and tax registration certificate and other proof of unemployment insurance agency provides material to the unemployment insurance agency applications for lump sum remaining term of unemployment insurance.

    22nd the unemployed during the period of receiving unemployment insurance compensation, participating in basic medical insurance for urban workers, enjoy basic health insurance benefits. Unemployed persons shall pay the basic medical insurance premiums paid from the unemployment insurance fund, the contribution base for the province last year's average monthly wage of fully employed staff, rates for employer and employee contribution rates and.

    Individuals do not pay medical insurance premiums.

    Stopped because the legal situation of unemployed persons receiving unemployment insurance benefits, unemployment insurance funds pay their medical premiums.

    Of receiving unemployment insurance compensation of people participating in basic medical insurance for urban employees specific measures formulated by the province, the social security administration authorities and the provincial financial department.

    The 23rd death of unemployed during the period of receiving unemployment insurance compensation, provincial unemployment insurance agencies according to the amount of the average monthly wage of fully employed staff for 4 months of the year, payment of funeral grants; dependent spouses and dependent of immediate family members, unemployment insurance agencies according to last year's average monthly wage of fully employed staff in the province 20 months the amount of disposable to pensions.

    24th following payment of the subsidy programs and specific standards, by the social security administration of the province in conjunction with provincial financial departments concerned:

    (A) during the period of receiving unemployment insurance compensation received vocational training of unemployed persons, vocational skill identification, job subsidies and own businesses small secured loan payments;

    (B) the unemployed during the period of receiving unemployment insurance compensation be absorbed by the employer re-employment of job subsidies or social insurance subsidy;

    (C) stable jobs on-the-job training subsidies or social insurance subsidy.

    Subsidy programs and Reemployment funds similar benefits in the preceding paragraph shall not be enjoyed.

    25th career training institutions and employment agencies are not allowed to receive vocational training and placement of unemployed persons received vocational training and employment agency fees; unemployed persons may not be appropriate or divert funds for vocational training and employment subsidies.

    26th unemployment insurance agencies should be in accordance with the Ordinance provides that Fund expenditure range, development of annual spending plans reported to the social security administration and finance departments for examination and approval in the unemployment insurance fund's budget.

    Social security administration and the financial sector to the unemployment insurance agency 1/3 per cent of the budget allocated to the funds, after acceptance by stipulation.

    27th unemployment insurance agency provides funds required for payment of unemployment insurance benefits, paid from the unemployment insurance fund.

    28th article of the specific problems in the application of rules, by Social Security Administration Department is responsible for the interpretation of the province. The 29th article of the regulations come into force on September 1, 2002. Implementing rules of the Hainan special economic zone in China town unemployment insurance Act repealed simultaneously.