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Regulations of People's Republic of China (PRC) Municipality on Labor Insurance
Chapter I General Provisions Article 1

In order to protect the health of employees and alleviate their special difficulties in life, these regulations are formulated according to the current economic conditions. second

The implementation of this Ordinance, take key pilot measures, once the implementation of achievements, experience, and then promote. At present, its scope of application is tentatively defined as the following enterprises:

State-owned, public-private partnerships, private and cooperative factories and mines with employees 100 or more, their affiliated units and enterprise management organs.

B railway, shipping, post and telecommunications enterprises and affiliated units. essay

For enterprises and seasonal enterprises that do not fall within the scope of the first and second paragraphs of Article 2, labor insurance matters may be stipulated by the administrative departments of each enterprise or by the employer and the grass-roots committee of the trade union through consultation according to the principles of these Regulations and the actual situation of the enterprise. Article 4

These Regulations shall apply to all workers and employees (including apprentices) who work in enterprises that implement labor insurance, regardless of nationality, age, sex and nationality, except those who are deprived of political rights. Article 5

The labor insurance benefits of temporary workers, seasonal workers and probationers working in enterprises that implement labor insurance shall be stipulated separately in the detailed rules for the implementation of these regulations. Article 6

Enterprises within the scope of application of these Regulations, which are difficult to maintain due to special economic difficulties, or have not yet officially started business, may suspend the implementation of these Regulations with the consent of the enterprise administration or the management and the grass-roots committee of the trade union through consultation, and report to the labor administrative organ of the local people's government for approval. Chapter II Collection and Custody of Labor Insurance Money Article 7

All the labor insurance expenses stipulated in these Regulations shall be borne by the administrative department of the enterprise or the employer who implements labor insurance, part of which shall be paid directly by the administrative department of the enterprise or the employer, and the other part shall be paid by the administrative department of the enterprise or the employer and handed over to the trade union organization for handling. Article 8

Where labor insurance is implemented in accordance with these regulations, the administration or the employer shall pay 3% of the total wages of all employees of each enterprise as labor insurance. This labor insurance premium shall not be deducted from the wages of employees, nor shall it be levied on employees alone. Article 9

The collection and storage methods of labor insurance money are as follows:

1. The administrative or managerial personnel of an enterprise shall, according to the total wages of last month, pay the labor insurance money at the national bank designated by the All-China Federation of Trade Unions once every month from 1 day to1day, so as to pay the labor insurance money of that month.

B among the first two labor insurances, all the monthly labor insurance premiums paid by the enterprise administration or the employer are deposited in the All-China Federation of Trade Unions as the general labor insurance fund for holding collective labor insurance undertakings. Since the third month of implementation, 30% of the monthly labor insurance premium has been deposited in the All-China Federation of Trade Unions as a general labor insurance fund; 70% of the funds are deposited in the grass-roots committees of enterprise trade unions as labor insurance funds to pay pensions, subsidies and relief funds payable to employees according to the provisions of these regulations. Article 10

When the administrative department or the employer of each enterprise fails to pay or default the labor insurance premium within the time limit, an overdue fine shall be charged on a daily basis, and the amount is 1% of the unpaid part. If the payment is not made within 20 days, the grass-roots committee of the trade union shall notify the local national bank to withhold the funds from the enterprises operated by state-owned, public-private partnerships and cooperatives; For private enterprises, the grass-roots committee of the trade union shall report to the labor administrative organ of the local people's government and hold the management of the enterprise accountable. Article 11

The All-China Federation of Trade Unions entrusts the People's Bank of China to handle labor insurance. Chapter III Provisions on Various Labor Insurance Benefits Article 12

Provisions on industrial injury and disability treatment:

1. Employees injured at work should be treated in medical clinics, hospitals or specialized hospitals of enterprises. If an enterprise medical clinic, hospital or specialized hospital cannot be treated, it shall be transferred to other hospitals for treatment by the administrative department of the enterprise or the employing unit, and all the expenses for treatment, medicine, hospitalization, meals and medical expenses during hospitalization shall be borne by the administrative department of the enterprise or the employing unit. During medical treatment, wages are paid as usual.

B if an employee is disabled at work, the labor insurance fund will pay the work-related injury pension or work-related injury disability subsidy on a monthly basis according to the following circumstances.

1. If a person is unable to work and resigns after completely losing his labor force and needing help in daily life, the amount of his work-related injury disability pension will be 75% of his salary and will be paid until his death.

Two, after the total loss of labor force can not work, the amount of work-related disability pension is 60% of my salary, and it has been paid until I resume my labor force or die.

Third, for some employees who can still lose their labor force, the enterprise administration or the employing unit will arrange appropriate jobs, and according to the degree of their loss of labor force after disability, they will be given a work-related injury disability allowance until retirement or death, the amount of which is 5% to 20% of their pre-disability wages, but the total amount of their wages when they return to work shall not exceed their pre-disability wages. The specific measures are stipulated in the implementation rules.

Four, the determination and change of disability status shall be reviewed by the Disability Review Committee. The specific measures are stipulated in the implementation rules.