social insurance
The so-called social insurance is to take the state as the main body, and to adopt legislative means for wage-earning workers who temporarily or permanently lose their ability to work, or who have the ability to work, that is, lose their source of livelihood. A system that uses social forces to compensate these workers for their income loss to a certain extent, so that they can continue to reach the basic living standard, thus ensuring the normal operation of labor reproduction and expanded reproduction, and ensuring domestic social stability.
China's social insurance includes five types of insurance: endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. Now, a new rural cooperative medical system for 9 million farmers is being piloted. These are all national welfare policies, which are not for profit.
Labor law workers in China enjoy social insurance benefits according to law under the following circumstances:
(1) Retirement;
(2) getting sick or injured;
(3) being disabled at work or suffering from occupational diseases;
(4) unemployment;
(5) bearing.
conditions for enjoying pension insurance benefits
In China, the conditions for workers to enjoy pension insurance are different because the reasons for workers to quit the labor field are divided into retirement, retirement and resignation.
1. Conditions for enjoying old-age insurance benefits due to retirement
On March 9, 1999, the Ministry of Labor and Social Security issued the Notice on Stopping and Correcting Issues Related to Handling Early Retirement of Enterprise Employees in Violation of State Regulations (No.8 [1999] of the Ministry of Labor and Social Security), which pointed out that the legal retirement age of enterprise employees in the country is 6 years old for men, 5 years old for women workers and 55 years old for women cadres. Engaged in underground, high temperature, high altitude, especially heavy manual labor or other jobs harmful to health, the retirement age is 55 years old for men and 45 years old for women, and the retirement age is 5 years old for men and 45 years old for women who are disabled due to illness or non-work-related injuries and are completely incapacitated by the hospital and confirmed by the labor appraisal committee.
according to the relevant provisions of the notice of the State Council on deepening the reform of the old-age insurance system for enterprise employees (annex I), employees who have reached the statutory retirement age can enjoy pension benefits and receive a monthly pension.
2. Conditions for enjoying old-age insurance benefits due to retirement
Anyone who has one of the following conditions and meets the statutory retirement conditions can enjoy old-age insurance benefits:
(1) Joined the revolutionary army led by the China Communist Party before September 3, 1949;
(2) Before September 3, 1949, he participated in revolutionary work in the liberated areas and enjoyed the treatment of supply system and contract system;
(3) engaged in revolutionary work in enemy-occupied areas before September 3, 1949;
(4) Before the end of 1948, he participated in revolutionary work in the liberated areas and enjoyed the salary system formulated by the local people's government;
The above-mentioned veteran cadres are 6 years old for men and 55 years old for women. They can retire and enjoy retirement pension insurance benefits.
3. Conditions for enjoying the old-age insurance benefits due to resignation
Those who have completely lost their ability to work due to work-related injuries and do not meet the conditions of retirement age, length of service or other retirement conditions shall resign and enjoy the old-age insurance benefits.
the meaning and conditions of medical insurance
medical insurance is a kind of material help given by the state or society when people are sick or injured, that is, a social security system that provides medical services or economic compensation.
In December 1998, the State Council issued the Decision of the State Council on Establishing the Basic Medical Insurance System for Urban Employees (Guo Fa [1998] No.44), which deployed the nationwide comprehensive reform of the medical insurance system for employees, and required that the basic medical insurance system for employees be basically established nationwide in 1999. According to the provisions of this decision, the conditions for enjoying medical insurance benefits in China should not only belong to enterprises and their employees covered by basic medical insurance, but also the enterprises and their employees should pay medical insurance premiums according to regulations.
the State Council's decision on establishing the basic medical insurance system for urban workers covers all employers in cities and towns, including enterprises (state-owned enterprises, collective enterprises, foreign-invested enterprises, private enterprises, etc.), organs, institutions, social organizations, private non-enterprise units and their employees. Whether township enterprises and their employees, owners of economic organizations in cities and towns and their employees participate in basic medical insurance shall be decided by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government.
the medical insurance premium shall be paid by both the employer and the individual. The State Council's Decision on Establishing the Basic Medical Insurance System for Urban Employees clearly stipulates that the employer's contribution rate should be controlled at about 6% of the total wages of employees, and the employee's contribution rate is generally 2% of his salary income. Retirees participate in the basic medical insurance, and individuals do not pay the basic medical insurance premium. Appropriate care shall be given to the amount included in the personal account of retirees and the proportion of medical expenses borne by individuals.
overview of unemployment insurance
unemployment insurance refers to a system that is enforced by the state through legislation, and the society sets up funds to provide material assistance to workers who have temporarily interrupted their livelihood due to unemployment. It is an important part of the social security system and one of the main items of social insurance. (The social security system includes social insurance, social relief, social welfare, social preferential treatment and resettlement, basic living security and reemployment of laid-off workers from state-owned enterprises, among which social insurance includes five items: endowment insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance. )
Unemployment insurance has the following main features: First, it is universal. It is mainly established to ensure the basic life of wage-earning workers after unemployment, and its coverage includes most members of the labor force. Therefore, in determining the scope of application, the insured units should be regardless of departments and industries, regardless of the nature of ownership, and their employees should be regardless of the form of employment, regardless of their home towns and rural areas. After the dissolution or termination of labor relations, as long as they meet the conditions, they have the right to enjoy unemployment insurance benefits. Analyzing the changes of the scope of application of unemployment insurance in China, it shows a trend of gradual expansion, from four kinds of people in state-owned enterprises to seven kinds of people in state-owned enterprises and employees in enterprises, and then to all enterprises and institutions in cities and towns and their employees as stipulated in the Unemployment Insurance Regulations, which fully embodies the principle of universality. The second is mandatory. It is enforced by laws and regulations formulated by the state. According to the regulations, units and their employees within the coverage of the unemployment insurance system must participate in unemployment insurance and fulfill their payment obligations. According to the relevant regulations, units and individuals that fail to fulfill their payment obligations shall bear corresponding legal responsibilities. The third is mutual aid. The unemployment insurance fund mainly comes from social fund-raising, which is shared by units, individuals and the state. The payment ratio and payment method are relatively stable. The unemployment insurance premiums raised are all incorporated into the unemployment insurance fund, regardless of the source channel and the nature of the payer, and are uniformly dispatched and used in the overall planning area to play the function of mutual assistance.
the unemployed referred to in the unemployment insurance regulations are only those who have the ability to work and become unemployed within the legal working age. According to the relevant regulations, the current legal working age in China is 16-6 years old, and sports, literature and art and special craft units can recruit minors under the age of 16 after performing the examination and approval procedures in accordance with state regulations. The retirement system will be implemented for employees in enterprises who have reached the age of 6 and women who have reached the age of 5, and for employees in government agencies and institutions who have reached the age of 6 and women who have reached the age of 55. The retirement age can be reduced for employees who are engaged in toxic and harmful work and who are sick and disabled at work. The so-called ability to work means that the unemployed have the behavioral ability to engage in normal social labor. People within the legal working age can't be regarded as unemployed if they don't have the corresponding working ability, such as mental patients, completely disabled people who can't engage in any social work, etc. At present, having no job and looking for a job in some way means that the unemployed have job requirements, but they have not yet achieved employment due to objective factors. Those who have no job at present but have no job requirements cannot be regarded as unemployed. These people have voluntarily given up their employment rights and have already left the workforce, so they do not belong to the workforce, so there is no unemployment problem.
There are many reasons for unemployment, and the leading factors are not exactly the same in different countries or different periods of a country. Internationally, the causes of unemployment are generally divided into the following categories: friction unemployment, which is caused by the time difference between the workers applying for jobs and the positions that need to be provided, such as the new labor force can't find a job and the job interruption when workers want to change jobs; Seasonal unemployment refers to unemployment caused by seasonal changes in the demand for labor force due to the influence of climatic conditions, social customs or purchasing habits on the production conditions or products of some industries; Technical unemployment refers to the unemployment caused by the surplus of local labor force in society due to the use of new machinery, equipment and materials, the adoption of new production technology and new production management methods; Structural unemployment refers to unemployment caused by changes in economic and industrial structure, as well as changes in production form and scale, which promotes the corresponding adjustment of labor structure; Periodic unemployment, the unemployment caused by the periodic economic contraction in market economy countries.
from the analysis of the current situation in China, the main reasons for unemployment are as follows: First, the supply of labor exceeds demand. China is the most populous country in the world. At the end of 1998, the total population reached 1.25 billion, of which the economically active population reached 71 million. Especially since the 198s, China has entered the peak period of working-age population, and the proportion of working-age population in the total population has obviously increased, with an increase of nearly 1 percentage points in ten years. On the other hand, China is a developing country with a relatively low level of economic development and a relative shortage of other economic resources, which restricts the development and utilization of labor resources. From the development trend, in the coming period, there will be about 1 million new laborers every year, and about 3 million rural surplus laborers will flow across regions, and a considerable part of them will join the urban employment team. In addition, with the deepening of the reform of enterprises and institutions, the problem of redundant personnel formed in history will be gradually solved, and it will be an inevitable trend for a large number of redundant personnel accumulated over the years to enter the social competition for employment. It can be said that the contradiction of labor supply exceeding demand will exist for a long time. Second, China is making major adjustments to its economic structure, and accordingly, the labor structure will inevitably be adjusted accordingly, which will inevitably cause some people to lose their jobs. This structural unemployment situation has increased the unemployment pressure. Third, with the progress of science and technology and the improvement of labor productivity, some fields, especially the traditional departments of primary and secondary industries, can not only expand the employment capacity, but also reduce the number of employees and divert some labor, resulting in an increase in the number of unemployed people. Fourth, because many unemployed people have single skills and low professional and technical level, it is difficult to meet the needs of employers, and the concept of choosing a job is outdated, so they can't rely on their own efforts to open up employment opportunities, which makes it more difficult to achieve re-employment. Fifth, China's current social security system is imperfect, its coverage is narrow, and the market employment mechanism has not been fully established, which also has obvious constraints on the flow and rational allocation of labor force.
unemployment is a social and economic phenomenon. Labor resources are an important part of economic resources, and the competition for jobs is a necessary prerequisite for the optimal allocation of labor resources. In the process of competition, there will inevitably be a part of the labor force temporarily unable to achieve employment for various reasons. To solve the unemployment problem, it is not to completely eliminate unemployment, but to develop jobs through economic development, improve the quality and skills of workers through vocational training, and control the number of unemployed people within the acceptable range of society. At the same time, through the implementation of unemployment insurance, help workers who can't find jobs temporarily, guarantee their basic livelihood, provide re-employment services, and minimize the negative impact of unemployment. Therefore, developing and perfecting China's unemployment insurance system plays a very important role in sharing unemployment risks and solving unemployment problems.
"Four insurances and one fund" is strictly five insurances, including pension insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance, and "one fund" refers to housing accumulation fund. Among them, pension insurance, medical insurance and unemployment insurance are paid by enterprises and individuals, while industrial injury insurance and maternity insurance are entirely borne by enterprises, and individuals do not need to pay them. It should be noted here that "four risks" are legal, but "one gold" is not.
Xu Chengxiang introduced that the payment amount of "four insurances and one gold" varies from region to region, based on the total wages. Some enterprises have a basic salary and some related subsidies when paying, but some enterprises only pay a basic salary when paying, which is against the law. The specific proportion should be consulted with the local labor department. With regard to the withdrawal of endowment insurance, unemployment insurance and medical insurance, it can only be collected under the statutory permission, and it is issued by the insurance registration department. He said: "For example, old-age insurance can only be received when you reach the legal age, and unemployment insurance benefits can only be received if you apply for unemployment certificate at the street office where your household registration is located, and at the same time apply for a job permit, which means that you must have the will to apply for a job after unemployment. If you don't want to work after losing your job, you can't pay insurance money. In addition, pensions and unemployment benefits cannot be enjoyed at the same time. "
whether you should enjoy insurance during the probation period is the most concerned issue for job-hoppers. Xu Chengxiang thinks that because the probation period is an integral part of the contract period, you should also get insurance during the probation period. In addition, it is a legal obligation for an enterprise to insure its employees, which does not depend on the intention or willingness of the parties concerned, even if the employees say that they do not need insurance, and commercial insurance cannot replace social insurance.
new rural cooperative medical system
the new rural cooperative medical system is a medical mutual aid and economic system for farmers, which is organized, guided and supported by the government, with farmers participating voluntarily, and financed by individuals, collectives and the government. From 23 onwards, all provinces, autonomous regions and municipalities directly under the Central Government should choose at least 2-3 counties (cities) to carry out pilot projects first, and gradually push them away after gaining experience. By 21, we will achieve the goal of establishing a new rural cooperative medical system that basically covers rural residents, reduce the economic burden of farmers due to diseases, and improve their health.
characteristics of social insurance: ① the objective basis of social insurance is the risks existing in the labor field, and the object of insurance is the person of the worker; ② The subject of social insurance is specific. Including workers (including their relatives) and employers; ③ Social insurance is compulsory; ④ The purpose of social insurance is to maintain the reproduction of labor force; ⑤ Insurance funds come from the contributions and financial support of employers and workers. The scope of insurance is limited to employees, excluding other social members. The scope of insurance is limited to all kinds of risks in labor risks, excluding other risks such as property and economy.