>Shanghai Interim Measures for Comprehensive Insurance for Migrant Employees (issued by Shanghai Municipal People’s Government Order No. 123 on July 22, 2002) Article 1 (Purpose) is to protect the legitimate rights and interests of migrant employees, regulate the employment behavior of units, and safeguard the city’s
Labor market order, these measures are formulated based on the actual conditions of this city.
Article 2 (Meaning) Comprehensive insurance for migrant workers (hereinafter referred to as comprehensive insurance) as referred to in these Measures includes three types of insurance benefits: work-related injuries (or accidental injuries), hospitalization, and old-age subsidies.
The term "migrant employees" as mentioned in these Measures refers to people from other provinces, autonomous regions, and municipalities directly under the Central Government who meet the employment conditions of this city and work and do business in this city but do not have permanent residence in this city.
Article 3 (Scope of application) Within the administrative area of ????this city, state agencies, social groups, enterprises (including non-local construction enterprises), public institutions, private non-enterprise units, and individual economic organizations that have been approved to use external employees (hereinafter collectively referred to as employers
) and the foreign employees they use and the foreign employees without units, these Measures shall apply.
This method does not apply to the following foreign employees: (1) Personnel engaged in domestic services; (2) Personnel engaged in agricultural labor; (3) Personnel introduced in accordance with the "Interim Provisions on the Implementation of the "Shanghai Residence Permit" System for the Introduction of Talents.
Article 4 (Management Department) The Municipal Labor and Social Security Bureau is the administrative department of comprehensive insurance in this city and is responsible for the unified management of comprehensive insurance.
The migrant employment management agency affiliated to the labor and social security administrative department is responsible for the specific management of comprehensive insurance.
The municipal public security, construction, finance, industry and commerce, health and other departments shall coordinate and implement comprehensive insurance management work in accordance with their respective responsibilities.
Article 5 (Payers) Employers and non-united foreign employees shall pay comprehensive insurance premiums in accordance with the provisions of these Measures.
Article 6 (Registration Procedures) The employer shall go through the comprehensive insurance registration procedures at the migrant employment management agency within 30 days from the date of implementation of these measures.
Employers that use foreign employees for the first time or enter this city for construction for the first time shall go through the comprehensive insurance registration procedures within 30 days from the date of obtaining approval to use foreign employees.
Migrant employees without an employer should go to the Migrant Employment Management Agency to complete the comprehensive insurance registration procedures within 5 working days from the date of application for the "Shanghai Migrant Employment Certificate".
The specific registration matters for comprehensive insurance shall be separately stipulated by the Municipal Labor and Social Security Bureau.
Article 7 (Cancellation and Change) If the employer terminates or moves out of this city in accordance with the law, or the comprehensive insurance registration items are changed, it shall go to the original registration agency to handle cancellation or change registration procedures within 30 days from the date of the relevant circumstances.
If foreign employees without an employer no longer work in this city or if the comprehensive insurance registration items are changed, they should promptly go to the original registration agency to go through the cancellation or change of registration procedures.
Article 8 (Payment Period) Employers and non-united migrant workers shall pay comprehensive insurance premiums to the municipal migrant employment management agency starting from the month when they go through the comprehensive insurance registration procedures.
Comprehensive insurance premiums are paid in a three-month cycle, and three months of comprehensive insurance premiums should be paid each time.
Article 9 (Payment base and proportion) The base for the employer to pay comprehensive insurance premiums shall be the total number of foreign employees multiplied by 60% of the average monthly salary of the city's employees in the previous year.
The base amount for comprehensive insurance premiums paid by non-united migrant workers is 60% of the average monthly salary of the city's employees in the previous year.
Employers and non-employed migrant workers shall pay comprehensive insurance premiums at a rate of 12.5% ??of the payment base.
Among them, the payment ratio of foreign construction enterprises is 7.5%.
Article 10 (Channels for Comprehensive Insurance Premiums to be Disbursed) Comprehensive insurance premiums paid by the employer shall be disbursed according to the channels prescribed by the financial department.
Article 11 (Fund Usage) This city shall establish a comprehensive insurance fund.
The comprehensive insurance fund is mainly used for payment of comprehensive insurance benefits and operating expenses.
When the comprehensive insurance fund is insufficient, the payment ratio can be adjusted.
The adjustment of the payment ratio shall be proposed by the Municipal Labor and Social Security Bureau and implemented after being submitted to the municipal government for approval.
Article 12 (Fund Management) Comprehensive insurance funds are subject to centralized management, unit accounts, and dedicated funds. No department, unit, or individual may lend, misappropriate, or embezzle.
Comprehensive insurance funds are subject to the supervision of finance, auditing, supervision and other departments in accordance with the law.