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Interim Provisions of Shanghai Municipality on Unemployment Insurance

article 1 these provisions are formulated for the purpose of ensuring the basic livelihood of the unemployed during the period of unemployment and promoting their re-employment. Article 2 the scope of application of these provisions is:

(1) enterprises and institutions owned by the whole people;

(2) collectively-owned enterprises and institutions in cities and towns;

(3) foreign-invested enterprises;

(4) joint-stock enterprises and joint ventures;

(5) urban private enterprises;

(6) state organs and organizations;

(7) Other units approved by the Municipal People's Government. Article 3 Unemployed persons who enjoy unemployment insurance benefits according to these Provisions refer to those who have urban hukou in this Municipality, have worked in the unit specified in Article 2 of these Provisions for one year, and have dissolved or terminated their labor or work relationship with their unit for the following reasons, and completed the unemployment registration procedures:

(1) Dissolving or terminating the labor contract or employment contract;

(2) The enterprise is declared bankrupt according to law;

(3) The enterprise is on the verge of bankruptcy and has been downsized during the statutory rectification period;

(4) The enterprise has been downsized due to the approval of the people's government of the city, district or county to close down or stop production;

(5) being dismissed, removed or expelled by the unit;

(6) Having been reeducated through labor and sentenced during his employment, and now being released from reeducation through labor or released after serving his sentence;

(seven) approved by the Municipal People's government can enjoy unemployment insurance benefits. Article 4 the sources of unemployment insurance funds:

(1) unemployment insurance premiums paid by units;

(2) the interest income of the unemployment insurance fund;

(3) Value-added income of unemployment insurance funds;

(4) late fees;

(5) local financial subsidies when the unemployment insurance fund is insufficient. Article 5 The units listed in Article 2 of these Provisions must pay unemployment insurance premiums according to their number of employees (foreign-invested enterprises according to their number of employees) and according to the standard of .5% of the average monthly salary of employees in the city last year. Article 6 The unemployment insurance premium paid by the unit shall be paid according to the following provisions:

(1) The enterprise shall pay the unemployment insurance premium before paying the income tax;

(2) The organs, organizations and institutions shall be paid out of the administrative expenses or business expenses. Article 7 The unemployment insurance premium shall be uniformly withheld by China Industrial and Commercial Bank of China Shanghai Branch and transferred to the unemployment insurance fund account opened by the unemployment insurance institution in ICBC. If the bank fails to withhold on schedule due to the reasons of the unit, it shall be charged a late fee according to the regulations of the People's Bank of China.

the unemployment insurance fund should be specially stored and earmarked. Article 8 After the unit terminates the labor relationship or working relationship with the on-the-job personnel, it shall complete the procedures for terminating the labor relationship or working relationship within two weeks. Unemployed persons shall, within one month after receiving the notice of termination of labor or working relationship from the unit, go through the unemployment registration formalities with the district or county unemployment insurance institution where the household registration is located. When going through the formalities of unemployment registration, relevant documents and materials that can prove my unemployment should be submitted. Article 9 District and county unemployment insurance institutions shall, when going through the unemployment registration formalities, examine the unemployment situation of the personnel who have gone through the unemployment registration formalities, and issue the Unemployment Certificate and the Unemployment Relief Payment Certificate after confirming that they are really unemployed and verifying the unemployment relief period and standards they should enjoy.

Unemployed persons can enjoy unemployment insurance benefits according to regulations from the next month after going through the unemployment registration formalities.

if the unemployed fail to go through the unemployment registration formalities within the time limit or fail to receive unemployment benefits on time after going through the unemployment registration formalities, they will be given up automatically. However, except for the delay in obtaining unemployment insurance benefits due to disputes. Article 1 The duration of unemployment insurance shall be calculated according to the working years of the unemployed before unemployment (excluding the working years before the last unemployment). If you have worked for one year but less than two years before unemployment, the unemployment insurance period is six months; If you have worked for two years but less than three years before unemployment, the unemployment insurance period is eight months; For those who have worked for three years before unemployment, the unemployment insurance period will be increased by two months for each year of working experience; However, the term of unemployment insurance shall not exceed 24 months at most.

those who have exceeded the period of unemployment insurance will no longer enjoy unemployment insurance benefits. Article 11 Unemployment benefits shall be paid to unemployed persons who enjoy unemployment insurance benefits according to the following standards:

(1) For those who meet the provisions in Items (1), (2), (3) and (4) of Article 3 of these Provisions, 75% of the unemployment benefits shall be paid every month from the first month to the twelfth month; From the thirteenth to the twenty-fourth month, 5% of the unemployment relief fund is paid every month.

(2) In accordance with the provisions of Items (5) and (6) of Article 3 of these Provisions, the monthly unemployment relief fund shall be 6% of the base; From the thirteenth to the twenty-fourth month, 5% of the unemployment relief fund is paid every month.

the calculation and distribution base of unemployment benefits shall be stipulated separately. Article 12 The minimum amount of unemployment benefits is 75 yuan per month. Unemployment relief funds calculated according to the provisions of the preceding article are less than 75 yuan per month, and paid according to 75 yuan. When the living expenses of urban residents in this city change, the minimum amount of unemployment relief funds shall be adjusted in a timely manner. Article 13 If an unemployed person falls ill during the period of enjoying unemployment insurance benefits, he/she may see a doctor in a local hospital or a medical institution designated by the unemployment insurance institution of the city, district or county where his/her household registration is located, and he/she may apply to the unemployment insurance institution for a medical subsidy of 7% of the medical expenses incurred; If the medical expenses are large and it is difficult for me to bear them, I can apply to the unemployment insurance institution to increase the medical subsidy. However, due to the medical expenses incurred in violation of the national family planning regulations, Medicaid will not be granted.