Key Benefits:
(Adopted at the 27th ordinary meeting of the Government of the Southern Province, on 16 March 2004, No. 185 of the Order of the People's Government of the Southern Province of Lake Lakes, effective 1 June 2004) Chapter I General Article 1 establishes this approach in the light of the State Department's Regulations on Work injury Insurance (hereinafter referred to as the Regulations) and relevant legislation. Article 2 Employees and individual business workers in all types of enterprises within the province's administration are entitled to work injury insurance treatment in accordance with the provisions of the Regulations and the scheme. Individual business and industrial workers who are employed are involved in specific steps and means of implementing work injury insurance, which are provided by the Government of the municipality and the self-government of the State in which the Government of the province is authorized. Article 3. The user unit shall make the list of workers participating in the work injury insurance, the amount of contributions and the occurrence of accidents in the production of a security accident on a regular basis within this unit. Individual units and workers should comply with the laws governing safe production and occupational diseases, implement safe sanitation protocols and standards, prevent accidents and avoid and reduce occupational diseases. In the event of injury to workers, the user unit should take measures to ensure that workers are treated in a timely manner. Article 4 The Labour Guarantees Agency (hereinafter referred to as the Agency) undertakes specific work injury insurance services. Chapter II Work injury insurance fund Article 5 (i) Employees' insurance contributions; (ii) The interest of the work injury insurance fund; (iii) The delay in payment of lag funds for work injury insurance; (iv) Other funds included in the Work injury Insurance Fund under the law. Article 6 The integrated regional office should determine the annual payment rate of the user unit, in accordance with the country-mandated benchmark rates and buoys for the work-related injury insurance industry, based on the use, incidence of work injury and security of the health situation of the user unit. In the event of adjustments in the base rates and buoys of the work injury insurance industry, the integrated area of labour security administration will work with the financial sector, the health administration, the safe production monitoring management, in accordance with national provisions, to report on the implementation of the integrated region's people's approval. Article 7. Employers do not pay their work injury contributions. The total number of employees paid by the user's unit for work injury insurance contributions is higher than that of the unit pay rate. Article 8 Article 9. The Labour injury insurance fund is integrated throughout the city and the State of self-government in the establishment area. The old-age insurance is managed directly by the province and its work injury insurance is administered directly by the provincial labour security administration. Article 10 (i) Medical injury; (ii) The disability allowance at the level to the level of work injury; (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 costs; (ix) Cost of work injury recovery; (x) Determination of the cost of investigation and labour capacity identification; (xi) Work injury prevention advocacy and incentives. Article 11 establishes a system of work injury insurance reserves at the provincial and municipal levels. In the integrated area, reserves were established in accordance with 10 per cent of the total collected by the local work injury insurance fund during the year. The municipalities in the area were retained by 7 per cent and 3% were removed to the provincial level. Inadequate payments are made by the Government of the Integrated Region. The work injury insurance reserve is used to cover work injury insurance treatment and work injury insurance funds for major accidents. The provincial work injury insurance reserve is used for the replenishment of the special accident and the integrated regional work injury insurance fund. The specific use of the work injury insurance reserve is developed by the provincial Labour Security Administration with the provincial financial sector, which is followed by the approval of the provincial Government. Chapter III Article 12 determines the scope of work injury or work injury to be carried out in accordance with articles 14, 15, 16 of the Regulations. Article 13. The worker shall be diagnosed or identified as a occupational disease under the Occupational Diseases Prevention Act, where the unit shall submit a claim for work injury to the Integrated Area Labour Security Administration within 30 days of the date of the accident or the date of the diagnosis and identification of occupational illnesses. In exceptional cases, with the consent of the executive branch of labour guarantees, the time limit for application could be extended appropriately, but the extension period should not exceed 60 days. In the absence of a claim for work injury, the worker or his or her immediate family, the trade union organization may, directly, lodge a employment injury determination request to the executive branch of the labour security in the area where the unit is integrated. The user unit did not submit the application for the determination of work injury within the time frame set out in paragraph 1 of this article, during which the related costs, such as the treatment of work injury, in accordance with the Regulations and the scheme, were borne by the user unit. Article 14. The applicant shall, at the time of the request for work injury determination, complete the determination of the application and accompany the relevant evidence: (i) The identity of the injured worker; (ii) The user unit does not participate in the work injury insurance and submits a copy of the licensee's business licence or a search certificate from the business administration sector; (iii) Confirmation of labour relations with the user unit, including de facto labour relations; (iv) Medical diagnostic certificates or occupational illness diagnosis certificates (or occupational disease diagnostic certificates); (v) In working hours and in the workplace, evidence or other evidence from the judgement of the People's Court or the public security sector is submitted to the People's Court for the purpose of carrying out its duties as an accidental injury, such as violence; (vi) In the course of the road, the damage to motor vehicle accidents has been caused by the submission of evidence from sectors such as public safety transport management; (vii) Submission of evidence or other evidence from the public security sector for injuries due to work outside the work; (viii) In working hours and working hours, sudden sickness deaths or unavoidable deaths within 48 hours are submitted to medical institutions for recovery and death certificates; (ix) Be harmed in the maintenance of national interests, public interest activities, such as the seizure of disaster, in accordance with the provisions of the law, to submit evidence from the civil service or other relevant sectors; (x) Removal, demobilization and reintegration of military personnel due to war, public injury and injury, which has been recovered after the agent's unit, to submit a diagnostic certificate from the Revolutionary Disability Army and the medical institutions at the district level for the recovery of the old injuries. Article 15. The Labour Security Administration shall, upon receipt of the applicant's employment injury determination, be subject to review at the time of the applicant's submission of the material is incomplete, and the Labour Security Administration shall communicate to the applicant the full material that the applicant needs to be filled in writing within seven working days. The material provided by the applicant is complete and falls within the scope of the worker injury determination, and the labour security administration should be admissible. The labour security administration is admissible or inadmissible and should be informed in writing of the applicant's reasons. Article 16 The applicant submits a claim for work injury, one of the following cases, and the labour security administration is inadmissible: (i) More than apply for statute of limitation; (ii) Be incompatible with jurisdictional provisions; (iii) This is the case under article 63 of the Regulations. Article 17, after the Labour Guarantees Administration takes up the employment injury determination request, it is necessary to investigate the accident scene, visit the person concerned, access the accident records of the user's unit and the relevant information, which should be assisted by a person's unit, a worker, trade union organization, a medical institution and the relevant departments. The worker or his immediate family are considered to be a worker injury and the person's unit is not considered to be a worker injury and is charged with the burden of proof by the user unit. Article 18 The Labour Security Administration shall make a decision on the determination of the worker's injury within 60 days of the date of the receipt of the worker's injury and, in writing, inform the employee or his or her immediate family and the employee's unit. Chapter IV Article 19 Its agencies are specifically responsible for the organization and day-to-day work on the identification of labour capacities. Article 20 (i) Work injury determination of the executive branch; (ii) A copy of the worker's personal identity card; (iii) Medical diagnostic certificates or occupational illness diagnosis certificates (or occupational illness diagnosis certificates). Article 21, after having received a labour capacity identification request from the Integrated Regional Commission, three or five relevant experts should be drawn from their established health expert pools to provide medical advice by the Group of Experts. Where necessary, the Labour Capacity Identification Commission may directly commission qualified medical institutions to assist in the conduct of medical diagnosis. Article 2: The Commission shall, within 60 days of the date of receipt of the application for the identification of labour capacities and, if necessary, shall extend the period of 30 days. The results of the identification of labour capacities should be communicated in a timely manner to the units and individuals that apply for the identification. The identification findings of the Commission on the Integration of Labour Capacities in the Area are inconclusive and can be made available to the Provincial Commission for the Identification of Labour Capacity within 15 days of receipt of the findings, and the findings of the provincial Labour Capacity Identification Commission are final. After one year from the date of the conclusion of the identification of the labour capacity, the worker or his immediate family, the unit or the agency considered changes in the disability situation, may apply for a review of the labour capacity. Article 23 has been identified in the labour capacity of workers participating in the work injury insurance, which is based on the provision for payment from the work injury insurance fund. In the absence of work injury insurance or the payment of workers' injury insurance in full and on time, the worker's labour capacity identification costs are borne by the user unit. The worker or his immediate family, his or her unit's re-identification or review of the identification findings were higher than the original level, and the identification cost was paid from the work injury insurance fund; the identification was less or the same as the original conclusions, and the identification costs were borne by the applicant. Chapter V Article 24 is determined by the Integrated Area Labour Guarantee Administration as a worker for work injury, and the medical costs for the treatment of work injuries are paid from the work injury insurance fund. Employers are treated for accident injuries or occupational illnesses, and prior to the finding that medical expenses are paid by a user unit; mattress payments and subsequent medical costs are paid from the work injury insurance fund after the approval of the institution. Employees' inpatient treatment work injury is paid by the unit in accordance with 70 per cent of the standard of payment for public travellers; according to the medical agency, the number of workers injured outside the integrated area has proved to be reimbursed by the units in which the transportation, accommodation costs are required. Article 25 Vocational Rehabilitation of workers, including vocational skills training and rehabilitation treatment, is charged from the work injury insurance fund. Article 26 Employees are required to obtain, install, maintain and replace supplemental devices, as confirmed by the Labour Capacity Identification Commission, for the purpose of installing support equipment such as matures, correctionals, recuperation, vouchers and wheelchairs, and for the acquisition, installation, maintenance, replacement of support equipment, in accordance with the relevant provisions of the State and the province. Article 27 defines the worker as a result of his or her disability at the level to four levels, retains the labour relationship and withdraws from the job and enjoys the relevant treatment in accordance with article 33 of the Regulations. The treatment of disability benefits continues to be enjoyed after the retirement age is reached and after the retirement process. Article 28 was identified as a result of the worker's disability at five levels and at the sixth level, in accordance with article 34 of the Regulations. As a result of the worker himself, the employee may disband or terminate labour relations with the user's unit, stop the disability allowance, pay a one-time injury medical grant and disability employment grant by the user unit and terminate the working injury insurance relationship. The specific criteria for a one-time work injury medical grant and disability employment benefits are: a one-time work injury medical grant, a five-year disability pay for himself for 24 months and a six-month disability pension for 18 months; a one-time disability employment grant, a fifth disability for 36 months' personal salary and a six-month disability salary for himself. Article 29, Staff members were identified as disabled by grades 7 to X, and a one-time disability grant was paid by the Workers' Insurance Fund in accordance with article 35 of the Regulations. The labour contract ended labour relations, or the worker himself proposed the removal of the labour contract by paying a one-time injury medical grant and disability employment benefits by the user unit to terminate the working injury insurance relationship. The specific criteria for a one-time work injury medical grant and disability employment benefits are: a one-time work injury medical grant, seven-year-old disability, 15-monthly personal salary, eight-monthly disability, 8-monthly personal salary, 10-year-old disability, and one-time disability employment grant, seven-monthly personal salary, eight-monthly personal salary, nine-eight-month-year-old salary, and ten-month-year salary. The voluntary removal or termination of labour relations between grades V to X of the workforce, which exceeds five years of the statutory retirement age, shall be paid in accordance with article 28 of this approach, article 29 of the twenty-ninth article, a one-time injury medical grant and disability employment grant, and less than 20 per cent per year for under five years, but the maximum deduction shall 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 31 Deaths of workers by their immediate family are treated in accordance with article 37 of the Regulations. The one-time surviving grant is the average monthly salary for employees in the 54-monthly integrated area due to death; the average monthly salary for workers in the 48-monthly integrated area, depending on the deaths of workers; and the average monthly salary for employees in the 60-monthly integrated area, as a result of the death of workers or the dismissal of workers as a result of the dismissal of workers. Article 32 Deaths of workers shall be taken by a person's unit within 30 days of the employee's death, the death certificate of the deceased person and the information of the relatives of the deceased person to the institution of the organization for the treatment of the injury insurance. The Agency shall, within 15 days of receipt of the declaration, grant a burial grant for the benefit of the extended family and a one-time surviving benefit. Article 33 Disability benefits, pension payments for foster relatives, living care expenses are adjusted in due course by the Integrated Area Labour Guarantees Administration on the basis of the average wage and changes in the cost of living. Specific adjustments are synchronized with the adjustment of old-age insurance treatment. Article 344 of the employee's accident during the departure of the worker or the whereabouts of the hiding in a risk-recovery response, which was paid by a user unit within three months of the accident, from the 4 months of the suspension of the salary, to be paid by the worker injury insurance fund to his or her relatives for the benefit of the family by month. There are difficulties in living and 50 per cent of one-time surviving benefits can be expected. After four months, the employee was reoccured for the return of a lump-sum grant to the institution for the benefit of the extended family for the month and for the benefit of the advance. Article 33 fifier units should provide workers with disability benefits, as prescribed annually, to the integrated regional office, as well as to the survivors of the worker, for the benefit of the parent pension. The conditions for the treatment of work-related injury insurance treatment for workers or workers survivors of the worker should be reported in a timely manner by a unit of the person, the worker or the employee's surviving spouse, and the services related to the adjustment of the work injury insurance for the next month of change in conditions. Article 36 quantification, consolidation and transfer of subsidiaries should assume the responsibility for work injury insurance for the former agent's unit; the former's unit has been involved in the work injury insurance, and the subsequent unit should be registered with local agencies for the processing of work injury insurance changes. The owner's unit operates a contract and the liability for work injury insurance is borne by the unit of the employee's labour relationship. The owner's unit will transfer the right to work, such as the right to manufacture, the labour engineering works or the contractor's operation or contract to the non-licensor, and the liability for work injury insurance is assumed by the user unit. The employee was injured by an accident during the secondment period and was covered by the former agent's unit, but the former unit could agree with the secondment unit. Insolvency in the enterprise, priority is given to the payment of the expenses of the insurance for work and injury paid by the unit in insolvency. Chapter VI Oversight management Article 37 specifically performs the following duties: (i) The collection of work-related injury insurance contributions and the regular publication of the income and expenditure of the work injury insurance fund; (ii) To verify the total salary of the user unit and the basic conditions of the individual salary, age, working species etc., to conduct work injury insurance registration and to maintain records of the payment of the royalties and the personal circumstances of the employee and the treatment of work injury insurance; (iii) Survey, statistical and information systems management of work injury insurance; (iv) In accordance with the provisions for the management of expenditures of the work injury insurance fund, the work and injury insurance fund shall be responsible for the pre-calculation work; (v) Approval of work injury insurance in accordance with the provisions; (vi) Provide free counselling services for workers or their immediate family members; (vii) In accordance with the income and expenditure of the Work injury Insurance Fund, recommendations were made to the Labour Security Administration for adjustments in the payment rate of the unit. Article 338 units should send the injured worker to health-care institutions that enter into service agreements with the agencies concerned in a timely manner, and, as a matter of urgency, may be sent to the health-care institutions that have concluded the service agreement after the stabilization of the injury. The health-care management approach for workers is developed by the provincial Labour Security Administration with the provincial health administration. Article 39 should be registered by the Integrated Regional Agency for the processing of work injury insurance for workers and employees within 30 days of the date of receipt of the results of the finding of a labour capability. Unregistered treatment relating to work injury insurance, disability benefits and life-care expenses for workers who were not employed during the period of time, are paid by the user unit in accordance with the standards set out in the Regulations and this scheme. Article 40 Article 40. The Labour Security Administration oversees the payment of the labour injury insurance fund by law. The financial sector and the audit body are governed by law by the payments and management of the Work injury Insurance Fund. Trade union organizations maintain the legitimate rights and interests of workers and injured workers in accordance with the law and supervise the work injury insurance of the user unit. Article 42 may be dealt with in accordance with the relevant provisions of labour disputes when there is a dispute between the worker and the user unit. The time to deal with labour disputes in accordance with the statutory procedure is not calculated within the time frame for the determination of the injury. Article 43 quantification by the parties of an application for dismissal or determination of misconduct for work injury, as well as other specific administrative actions taken by the executive branch, may apply for administrative review or administrative proceedings in accordance with the law. Article 44 deals with units and individuals that violate the provisions of the Regulations and this approach, in accordance with the provisions of the Regulations. Chapter VII Article 42 |
