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Regulations of Yunnan Province on Unemployment Insurance
Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Labor Law of People's Republic of China (PRC), the Regulations on Unemployment Insurance of the State Council and other relevant laws and regulations, combined with the actual situation of this province, in order to ensure the basic livelihood of the unemployed during their unemployment period and promote the reemployment of the unemployed. Article 2 Enterprises and institutions within the administrative area of this province and their employees, social organizations and their full-time staff, private non-enterprise units and their employees, urban individual industrial and commercial households and their employees with employees, state organs and workers who have established labor contract relations with them (hereinafter referred to as employers and employees) shall participate in unemployment insurance and pay unemployment insurance premiums. Unemployment insurance for civil servants and those who are approved to refer to the management of civil servants shall be implemented in accordance with the relevant provisions of the state. Article 3 Employees who participate in unemployment insurance shall enjoy unemployment insurance benefits according to law after they lose their jobs. Article 4 The people's governments at or above the county level shall strengthen their leadership over unemployment insurance, incorporate unemployment insurance into the national economic and social development plan, control the unemployment rate, arrange financial subsidies for unemployment insurance, and strengthen the construction of unemployment insurance institutions. Fifth provincial labor security administrative departments in charge of the province's unemployment insurance work. State (city) and county-level labor and social security administrative departments are in charge of unemployment insurance within their respective administrative areas. The unemployment insurance institutions affiliated to the administrative department of labor security specifically undertake unemployment insurance work. Local taxation, finance, auditing, industry and commerce, personnel, civil affairs, supervision and other departments shall, according to their respective responsibilities, do a good job in unemployment insurance. Trade unions shall urge employers to participate in unemployment insurance according to law and safeguard the legitimate rights and interests of employees. Article 6 The unemployment insurance fund shall be co-ordinated by the state (city), and the provincial people's government may decide the provincial co-ordination according to the actual situation of economic and social development. The provincial people's government to establish unemployment insurance transfers. Chapter II Unemployment Insurance Fund Article 7 The unemployment insurance fund consists of the following items: (1) unemployment insurance premiums paid by employers and employees; (2) Interest of the unemployment insurance fund; (3) Paying unemployment insurance premiums as required; (4) financial subsidies; (five) other funds incorporated into the unemployment insurance fund according to law. Article 8 The employer shall pay the unemployment insurance premium at 2% of the total wages of employees who should participate in unemployment insurance in the current year, and the employees shall pay the unemployment insurance premium at 1% of their wages in the current year. The farmer contract workers recruited by the employer do not pay unemployment insurance premiums themselves. Unemployment insurance premiums paid by enterprises and individual industrial and commercial households with employees shall be charged before income tax; Unemployment insurance premiums paid by state organs, institutions, social organizations and private non-enterprise units shall be charged to administrative funds or units' own funds. The income used by individual employees to pay unemployment insurance premiums is not included in the scope of personal income tax collection. Article 9 The employing unit shall provide the local county (city, district) unemployment insurance institutions with relevant information on the payment of unemployment insurance premiums in a timely manner, and the unemployment insurance institutions shall, jointly with the finance department at the same level and the local tax authorities, verify the unemployment insurance premiums payable and formulate the annual unemployment insurance premium collection plan. The employing unit shall pay unemployment insurance premiums to the designated local tax authorities on a monthly basis. The unemployment insurance premium paid by individual employees shall be withheld and remitted by the employer on a monthly basis. Article 10 Where an employing unit goes bankrupt according to law, it shall notify the local county (city, district) unemployment insurance institution and local tax authorities in writing, and its unpaid unemployment insurance premium shall be paid according to law. If the employing unit changes or terminates, it shall pay unemployment insurance premium according to law. Eleventh overall planning areas shall be turned over to the provincial unemployment insurance adjustment fund in accordance with the provisions of the provincial people's government. The provincial unemployment insurance adjustment fund is used to co-ordinate the adjustment of unemployment insurance funds between cities. Measures for the collection, management and use of provincial unemployment insurance transfers shall be formulated by the provincial people's government. The unemployment insurance fund fails to meet its expenses in the current year; And it is impossible to guarantee payment with the balance fund over the years; You can apply for the use of the provincial unemployment insurance adjustment fund. If it is still insufficient after adjustment, it shall be subsidized by the overall financial plan; When the provincial unemployment insurance adjustment fund is insufficient, it will be subsidized by the provincial finance. Article 12 The unemployment insurance fund shall be used for the following expenses: (1) unemployment insurance benefits; (2) Medicaid during the period of receiving unemployment insurance benefits; (3) Funeral grants for the unemployed who died during the period of receiving unemployment insurance benefits and pensions for their dependent spouses and immediate family members; (4) Vocational training and job introduction subsidies for unemployed persons receiving unemployment insurance benefits; (five) self-employment subsidies during the period of receiving unemployment insurance benefits; (6) Employment subsidies under unemployment control; (seven) other expenses related to unemployment insurance stipulated or approved by the State Council. Thirteenth unemployment insurance funds deposited in the financial accounts of social security funds, the implementation of two lines of revenue and expenditure management. The unemployment insurance fund shall not be used to balance fiscal revenue and expenditure. Article 14 The draft budget and final accounts of the unemployment insurance fund shall be worked out by the unemployment insurance institutions as a whole, audited by the administrative department of labor and social security at the same level, audited by the financial department, submitted to the people's government at the same level for examination and approval, and sent to the provincial unemployment insurance institutions for the record. The approved final accounts of the unemployment insurance fund shall be announced to the public. Chapter III unemployment insurance benefits Article 15 Unemployed persons who meet the following conditions at the same time can receive unemployment insurance benefits: (1) Participating in unemployment insurance according to regulations, and the employer and himself have fulfilled their payment obligations for a total of 1 year; (two) the employment is not interrupted because of my will; (three) have been registered as unemployed and have job requirements. Unemployed persons enjoy other unemployment insurance benefits during the period of receiving unemployment insurance benefits.