I. Background of the promulgation of the Notice
The Interim Measures for Advance Payment of Social Insurance Fund (OrderNo. Ministry of Human Resources and Social Security 15) was promulgated and implemented in July, 201/year. In view of the fact that Fujian Province has not yet issued relevant supporting implementation rules, the business process of fund advance, the verification of industrial injury insurance benefits for uninsured enterprises, the accounting and financial treatment of fund payment by social security agencies, and the refusal or non-payment of employers. In order to effectively protect the legitimate rights and interests of workers with work-related injuries, according to the actual situation in our city, our bureau has formulated and promulgated the Notice on Doing a Good Job in Advance Payment of Work-related Injury Insurance Fund.
Two. Main contents of the notice
The work-related injury insurance in our city belongs to the municipal overall planning, and the work-related injury identification is entrusted by the Municipal Bureau to the county (city, district) Human Resources and Social Security Bureau. The notice is to implement the spirit of the Interim Measures for the Advance Payment of Social Insurance Funds (Ministry of Human Resources and Social Security DecreeNo. 15), supplement and refine the relevant provisions of the Interim Measures, and put forward specific implementation and operational opinions suitable for the actual situation of our city. The main contents are summarized as follows:
(1) According to the work division of work-related injury identification, the Notice clarifies the jurisdiction of advance payment and fund recovery. Advance payment and fund recovery work shall be managed at different levels, that is, according to the principle of who finds who accepts and who recovers who pays, it is convenient for injured workers in counties (cities, districts) to apply and pay nearby.
(2) The Interim Measures for Advance Payment of Social Insurance Fund (OrderNo. Ministry of Human Resources and Social Security 15), Item (2) (The case where the employer refuses to pay all or part of the expenses) and Item (4) (The case where the employee thinks that the employer does not pay) have been clarified and refined, so that the injured workers can seek help from all sides and obtain clear application materials through multiple channels. On the other hand, there are also
(III) In order to ensure the safe and effective use of the work-related injury insurance fund, obtain written evidence materials of each payment link for the legal recovery of the work-related injury insurance fund in the later period, and clarify the fund payment process, the Notice specially stipulates all kinds of application materials for advance payment.
(four) the advance payment of the industrial injury insurance fund involves a wide range of policies. Because there are no implementation rules at the provincial level, many advance items are unclear, and the advance amount of work-related injury insurance benefits is controversial or unclear, and grass-roots work-related injury insurance institutions cannot pay. The notice provides the applicant with a solution channel confirmed by the labor and personnel dispute arbitration commission or the people's court.
(5) In view of the fact that the uninsured employer fails to pay the medical expenses and treatment for work-related injuries, which seriously infringes on the legitimate rights and interests of work-related injuries, the recovery work after the first payment adds a lot of administrative costs to the work-related injury insurance fund management department, and the notice clearly requires the labor security supervision institutions of human and social departments at all levels to strengthen supervision and inspection of the employer according to law. If the employer refuses to pay or fails to pay the treatment for work-related injuries, it will be listed as the key monitoring object and ordered to make rectification within a time limit; Those who refuse to rectify will be severely punished according to law.
Third, the policy highlights of the Notice
In the absence of detailed implementation rules issued by the relevant provincial departments, the Notice puts forward specific implementation opinions on implementing the Interim Measures in light of local conditions, which embodies the work style of government departments for doing practical things for the people, is conducive to solving the petition problems caused by the inadequate implementation of work-related injury insurance benefits in recent years, safeguarding the legitimate rights and interests of work-related injuries, and laying a good foundation for social stability. ;