(1) Employees of enterprises declared bankrupt according to law;
(two) employees who have been laid off during the legal rectification of enterprises on the verge of bankruptcy;
(3) Employees who have been approved to cancel or dissolve the enterprise according to relevant state regulations;
(four) in accordance with the relevant provisions of the state to approve the suspension of production for rectification, closure of enterprises to be downsized workers;
(5) Employees whose labor contracts are dissolved or terminated;
(six) employees who are dismissed, removed or expelled from the enterprise;
(seven) the provisions of laws and regulations or the provisions of the provincial people's government can enjoy other employees in unemployment insurance benefits. Fifth unemployed people in any of the following circumstances, do not enjoy unemployment insurance benefits:
(1) The continuous working hours are less than 1 year;
(2) farmer contract workers;
(3) Voluntary resignation with the consent of the enterprise. Article 6 The labor administrative departments at all levels shall be responsible for organizing the implementation of these Provisions. The unemployment insurance institutions affiliated to the labor administrative department (hereinafter referred to as the unemployment insurance institutions) handle unemployment insurance business. Chapter II Raising and Management of Unemployment Insurance Fund Article 7 Sources of Unemployment Insurance Fund:
(1) Unemployment insurance premiums paid by enterprises;
(2) Unemployment insurance premiums paid by employees;
(3) Interest income of the unemployment insurance fund;
(four) the enterprise delays the payment of unemployment insurance premiums;
(5) financial subsidies. Article 8 The standard for enterprises to pay unemployment insurance premiums is 1% of the total wages of employees, and the standard for employees to pay unemployment insurance premiums is 1 yuan per person per month.
If the total wages cannot be approved, the average monthly salary of employees in the administrative region last year 1% shall be taken as the standard, and all employees of the enterprise shall be taken as the payment base.
When the unemployment insurance fund is insufficient or accumulated more, the provincial people's government will adjust the payment standard, but the enterprise payment standard shall not be less than 0.6% of the total wages of employees. Article 9 Unemployment insurance premiums paid by enterprises shall be deducted before paying income tax. Article 10 The unemployment insurance premium paid by an enterprise and its employees shall be withheld monthly by the bank where the enterprise opens an account and transferred to the "special account for unemployment insurance fund" opened by the unemployment insurance institution of the city or county (city). The unemployment insurance premium collected by the county (city) unemployment insurance institution shall be turned over quarterly to the "unemployment insurance fund account" opened by the city (administrative office) unemployment insurance institution in the bank, which shall be stored in a special account and used for special purposes. No unit or individual may intercept, occupy or misappropriate.
The unemployment insurance fund shall bear interest according to the interest rate of urban and rural residents' savings deposits, and the interest earned shall be included in the special account of the unemployment insurance fund. Eleventh unemployment insurance premiums shall not be reduced or exempted. If an enterprise is temporarily unable to pay unemployment insurance premiums due to the suspension or reduction of wages, it shall be approved by the local unemployment insurance agency before going through the formalities of holdover. Twelfth unemployment insurance fund by the city (administrative office) as a whole. The city (administrative office) will turn over 10% of the total unemployment insurance fund to the "special account for unemployment insurance fund" opened by the provincial unemployment insurance institution in the bank on a quarterly basis for the province's adjustment and use. Article 13 If the unemployment insurance fund of the city (administrative office) fails to meet its expenses in the current year, it shall use the balance of previous years, and when the expenses are still insufficient, it may apply to the provincial unemployment insurance institution for adjustment. Article 14 The budget and final accounts of the unemployment insurance fund and its management service fees shall be compiled by the labor administrative department according to the overall scope, and shall be included in the budget and final accounts at the same level after being reviewed and summarized by the financial department at the same level, and submitted to the people's government at the same level for examination and approval. The unemployment insurance fund shall not be used to balance fiscal revenue and expenditure.
Social insurance fund committees established by people's governments at or above the county level shall guide and supervise the management of unemployment insurance funds. Fifteenth unemployment insurance funds and their management services are not taxed and charged. The balance of the current year is carried forward to the next year. Chapter III Use of Unemployment Insurance Fund Article 16 The unemployment insurance fund shall be used for the following expenses:
(1) Unemployment benefits;
(two) the medical expenses of the unemployed during the period of receiving unemployment benefits;
(3) Funeral grants for the death of the unemployed during the period of receiving unemployment benefits, pensions and relief funds for supporting immediate family members;
(four) maternity allowance for unemployed women during the period of receiving unemployment benefits;
(five) to promote the re employment of unemployed people;
(six) production self-help expenses to promote the reemployment of unemployed people;
(seven) to promote the reemployment of unemployed people;
(eight) the management service fee of the unemployment insurance institution;
(nine) other expenses approved by the provincial people's government to solve the living difficulties of unemployed workers. Article 17 The standard of assistance for the unemployed is based on the local minimum wage, and 70% of the standard is for those who work continuously 1 year.
Unemployed people who worked continuously 1 year before unemployment will be given 3 months' relief after unemployment. Every 65,438+0 years of continuous work, an additional 3 months' allowance will be paid, with a maximum of 24 months' allowance.