Current location - Trademark Inquiry Complete Network - Tian Tian Fund - Can individuals in Zhejiang Province pay maternity insurance?
Can individuals in Zhejiang Province pay maternity insurance?
Legal subjectivity:

The parties concerned shall not pay maternity insurance premiums by themselves. Maternity insurance that employees should participate in shall be paid by the employer according to the regulations, and individual employees do not need to pay. If the parties do not have an employer, they cannot pay by themselves as flexible employees.

Legal objectivity:

Maternityinsurance is a social insurance system that the state and society provide medical services, maternity allowance and maternity leave when pregnant and childbirth female workers temporarily stop working, and the state or society provides necessary economic compensation and medical care for maternity workers. Maternity insurance benefits in China mainly include two items. One is maternity allowance, and the other is maternity medical care. The Measures for Maternity Insurance in Ministry of Human Resources and Social Security (Draft for Comment) has been open to the public for comments since 2012165438+10. The opinion draft makes it clear that maternity insurance benefits will no longer be limited to household registration, and units that do not pay maternity insurance must pay maternity fees. The specific policies of maternity insurance in Zhejiang Province are as follows: Interim Provisions on Maternity Insurance in Zhejiang Province Article 1 In order to safeguard the legitimate rights and interests of employees, guarantee the basic life and medical care of female employees during their maternity period, and promote women's equal employment, these provisions are formulated in accordance with the Labor Law of People's Republic of China (PRC), the Law on the Protection of Women's Rights and Interests of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of our province. Article 2 All kinds of enterprises, self-supporting or enterprise-managed institutions, private non-enterprise units (hereinafter referred to as employers) and their employees within the administrative area of this province shall participate in maternity insurance in accordance with these Provisions. Where conditions permit, all institutions, state organs, social organizations, urban individual industrial and commercial households with employees and their employees and employees can be included in maternity insurance. Article 3 The administrative departments of labor and social security at or above the county level shall be in charge of maternity insurance within their respective administrative areas. Social insurance agencies at or above the county level (hereinafter referred to as agencies) specifically undertake maternity insurance business. Departments of finance, local taxation, personnel, health, family planning and other organizations, trade unions, women's federations and other organizations shall, according to their respective functions and duties, work together to do a good job in maternity insurance. Article 4 Maternity insurance premiums shall be collected by local tax authorities according to law. Article 5 Maternity insurance funds shall be raised in accordance with the principle of "fixed income by expenditure and balance of payments". Article 6 The maternity insurance fund consists of the following items: (1) Maternity insurance premium paid by the employer; (two) maternity insurance fund interest and other value-added income; (3) Maternity insurance premium; (four) other funds incorporated into the maternity insurance fund according to law. Seventh maternity insurance funds shall be co-ordinated at the county level, and cities divided into districts shall be co-ordinated at the municipal level in principle. The maternity insurance for employees in the old-age insurance industry as a whole is organized and implemented by the provincial social insurance management center. Eighth maternity insurance funds to implement two lines of revenue and expenditure and financial accounts management, supervision by the financial sector according to law. The maternity insurance fund shall bear interest according to the interest-bearing method for bank deposits of the basic old-age insurance fund. The maternity insurance fund shall be earmarked for special purposes, and no unit or individual may use it for other purposes or balance the financial budget. Maternity insurance funds are exempt from taxes and fees. Article 9 The maternity insurance fund shall be used for the following expenses: (1) Maternity allowance during maternity leave; (2) Medical expenses incurred due to childbirth; (three) the medical expenses required for the implementation of family planning contraception and the implementation of recanalization surgery in line with the birth policy; (four) other expenses related to maternity insurance as stipulated by the state. Article 10 The employing unit shall, in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Fees, go through the registration formalities of maternity insurance at the agency. The newly established employer shall go through the relevant registration formalities within 30 days from the date of establishment. If the employer terminates or changes the registered items of maternity insurance according to law, it shall go through the cancellation or change of registration procedures at the original registration authority in accordance with the regulations. Article 11 The employer shall pay the maternity insurance premium at 0.5% to 1% of the total wages of all employees. Self-employed workers do not pay maternity insurance premiums. The employer's contribution ratio shall be determined by the people's government of the overall planning area, and adjusted in a timely manner according to the economic development and the use of funds. The maternity insurance premium paid by the employer shall be charged according to the channels stipulated by the financial department. Article 12 To enjoy maternity insurance benefits, employees must meet the following conditions at the same time: (1) The employer and its employees have participated in maternity insurance and fulfilled their payment obligations for six months; (two) in line with the statutory fertility conditions or the implementation of family planning contraception and recanalization surgery. Thirteenth maternity insurance medical services in accordance with the basic medical insurance for urban workers drug list, diagnosis and treatment items and medical service facilities standards and other relevant provisions. Article 14 Those who meet the provisions of Article 12 of these Provisions shall enjoy maternity leave and maternity allowance according to the following time periods (that is, wages during maternity leave): (1) Those who have given birth for more than 7 months (including 7 months) or are premature for more than 7 months shall enjoy 90 days of maternity leave and maternity allowance; (two) more than 3 months of pregnancy (including 3 months) less than 7 months of abortion and induced labor, enjoy 50 days of maternity leave and maternity allowance; (three) within 3 months of pregnancy abortion (including natural abortion, induced abortion) or ectopic pregnancy surgery, enjoy 30 days of maternity leave and maternity allowance. Female workers who are entitled to maternity allowance according to the provisions of Item (1) of the preceding paragraph may also enjoy maternity leave and maternity allowance according to the following provisions: (1) In case of cesarean section during childbirth, maternity leave and maternity allowance shall be increased by 15 days; (2) For multiple births, the maternity leave and maternity allowance will be increased by 15 days for each additional baby; (three) maternity leave and maternity allowance shall be increased for 7 days in case of stillbirth. Fifteenth maternity allowance for female employees is based on the monthly payment salary of endowment insurance in the last month when I give birth or have an abortion. If the female employees do not participate in the old-age insurance, the average monthly salary of female employees before childbirth or abortion 12 shall be taken as the base. If the average monthly wage is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated as 300% of the average wage of employees in the overall planning area; If the average monthly wage is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area. Sixteenth female workers in pregnancy, childbirth and puerperium due to maternity medical expenses, by the maternity insurance fund in accordance with the quota standard compensation. The quota standards and compensation methods for maternity medical expenses shall be jointly formulated by the labor and social security, finance and health departments in the overall planning area. The medical expenses for family planning contraception and recanalization surgery stipulated by the state and the province shall be paid by the maternity insurance fund. Seventeenth employees who meet the provisions of Article 12 of these Provisions shall apply for maternity insurance benefits to the designated maternity insurance agency within 3 months after delivery or operation. The following materials should be provided when applying: (1) my ID card; (2) A family planning certificate issued by the family planning administrative department; (3) A certificate of reproductive medicine issued by a medical institution; (four) the labor contract (or employment contract) signed by the employer and the employee. Where an application is entrusted to another person, the power of attorney issued by the applicant and the client's ID card shall be provided. Eighteenth agencies shall, within 20 days from the date of accepting the application, review the conditions of the applicant. To meet the conditions, approved to enjoy treatment, and to be a one-time plan; Do not meet the conditions, it shall be informed in writing. Nineteenth employers or employees by illegal means to cheat maternity insurance benefits, the agency shall order it to make corrections. If the circumstances are serious, the administrative department of labor security shall give administrative punishment in accordance with the relevant provisions of the state, and hold the parties and relevant personnel accountable. If a crime is constituted, criminal responsibility shall be investigated according to law. Twentieth agencies or staff in violation of these provisions, one of the following acts, the administrative department of labor security shall order it to make corrections within a time limit. If losses are caused to the employing unit or individual, it shall be liable for compensation, and administrative sanctions shall be imposed on the person in charge and the person directly responsible. If the case constitutes a crime, the judicial organs shall investigate the criminal responsibility of the relevant personnel according to law. (1) Failing to keep the records of employer's payment and employees' enjoyment of maternity insurance benefits in accordance with regulations; (two) to increase or decrease the maternity insurance premium payable by the employer without authorization; (3) delaying payment without reason or increasing, reducing or stopping the payment of maternity insurance premiums without authorization; (four) breach of privilege, favoritism, dereliction of duty, resulting in the loss of maternity insurance fund; (five) interception, embezzlement, misappropriation and corruption of maternity insurance funds; (six) other acts in violation of laws and regulations. Article 21 If an employer fails to participate in maternity insurance in accordance with these regulations, the maternity insurance benefits of its employees shall be paid by the employer in accordance with these regulations and the supporting policies promulgated in the overall planning area. Article 22 These Provisions shall come into force as of the date of promulgation. If the original relevant provisions of our province are inconsistent with these Provisions, these Provisions shall prevail. Cities and counties can formulate implementation measures in light of local actual conditions.