decree of the state council of the people's republic of china
No.586
The Decision of the State Council on Amending the Regulations on Work-related Injury Insurance, which was adopted at the136th executive meeting in the State Council on February 8, 2065, is hereby promulgated and shall come into force as of February 8, 2065.
Premier Wen Jiabao
20 10 year120 February
The State Council's Decision on Modification
The State Council has decided to make the following amendments to the Regulations on Industrial Injury Insurance:
1. Article 2 is amended as: "Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations in People's Republic of China (PRC) and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees).
"Employees of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and employees of individual industrial and commercial households in People's Republic of China (PRC) have the right to enjoy industrial injury insurance benefits in accordance with the provisions of these Regulations."
Second, the second paragraph of Article 8 is amended as: "The state determines the differential rates of different industries according to the degree of industrial injury risks in different industries, and determines a number of rate grades in each industry according to the use of industrial injury insurance premiums and the incidence of industrial injuries. Industry differential rates and intra-industry rate grades are formulated by the social insurance administrative department of the State Council, and announced and implemented after being approved by the State Council. "
Three. Article 9 is amended as: "The administrative department of social insurance in the State Council shall regularly know the income and expenditure of industrial injury insurance funds in various regions of the country, put forward a plan to adjust the industry differential rates and intra-industry rates in a timely manner, and publish it for implementation after being approved by the State Council."
4. One paragraph is added to Article 10 as the third paragraph: "For industries that have difficulties in paying work-related injury insurance premiums according to the total wages, the specific payment method of work-related injury insurance premiums shall be formulated by the administrative department of social insurance of the State Council."
Five, the first paragraph of Article 11 is amended as: "Work-related injury insurance funds shall be gradually coordinated at the provincial level."
6. Article 12 is amended as: "The industrial injury insurance fund shall be deposited in the financial special account of the social security fund to pay the industrial injury insurance benefits, labor ability appraisal, publicity and training on industrial injury prevention and other industrial injury insurance expenses stipulated by laws and regulations.
"The specific measures for the extraction ratio, use and management of work-related injury prevention expenses shall be formulated by the administrative department of social insurance of the State Council in conjunction with the departments of finance, health administration and safety production supervision and management of the State Council.
No unit or individual may use the industrial injury insurance fund for investment and operation, office building or decoration, bonus payment or other purposes.
7. Item (6) of Article 14 is amended as: "On the way to and from work, he is injured by a traffic accident for which he is not primarily responsible or an urban rail transit, passenger ferry or train accident;"
Eight. Article 16 is amended as: "An employee meets the provisions of Articles 14 and 15 of these Regulations, but under any of the following circumstances, it shall not be deemed as a work-related injury or regarded as a work-related injury:
"(a) Intentional crime
"(2) being drunk or taking drugs.
"(3) Self-mutilation or suicide."
Nine. Article 20 is amended as: "The administrative department of social insurance shall, within 60 days from the date of accepting the application for ascertainment of work-related injuries, make a decision on ascertainment of work-related injuries, and notify the employees who apply for ascertainment of work-related injuries or their close relatives and the units where the employees work.
"The administrative department of social insurance shall make a decision on the determination of work-related injuries within 15 days for the application with clear facts and clear rights and obligations.
"If the determination of work-related injury needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making the determination of work-related injury shall be suspended while the judicial organ or the relevant administrative department has not yet made a conclusion.
"If the staff of the social insurance administrative department has an interest in the applicant for work-related injury identification, they should withdraw."
10. One article is added as Article 29: "The time limit for re-appraisal and re-appraisal by the labor ability appraisal committee in accordance with the provisions of Articles 26 and 28 of these Regulations shall be implemented in accordance with the provisions of Paragraph 2 of Article 25 of these Regulations."
1 1. Article 29 is changed to Article 30, and the fourth paragraph is revised as follows: "The food allowance for hospitalization of injured workers and the transportation and accommodation expenses for injured workers to seek medical treatment outside the overall planning area shall be paid by the industrial injury insurance fund, and the specific standards for the fund payment shall be stipulated by the people's government of the overall planning area."
The sixth paragraph is amended as: "The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid from the work-related injury insurance fund if they meet the requirements."
12. One article is added as Article 31: "If the social insurance administrative department files an administrative reconsideration or an administrative lawsuit after making a decision on work-related injury identification, it will not stop paying the medical expenses for the work-related injury treatment of the employees during the administrative reconsideration and administrative lawsuit."
Thirteen, thirty-third to thirty-fifth, the first-level disability is my salary for 27 months, the second-level disability is my salary for 25 months, the third-level disability is my salary for 23 months, and the fourth-level disability is my salary for 2 1 month; "
Item (3) of the first paragraph is amended as: "After the workers with work-related injuries reach retirement age and go through retirement procedures, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the work injury insurance fund will make up the difference. "
14. Article 34 is changed to Article 36, and item (1) of the first paragraph is amended as: "One-time disability allowance shall be paid by the industrial injury insurance fund according to the level of disability, and the standard is: level 5 disability is my salary 18 months, and level 6 disability is 16 months;"
The second paragraph is amended as: "Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the industrial injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Fifteen. Article 35 is renumbered as Article 37 and amended as: "Employees whose work-related disability is identified as level 7 to level 10 disability shall enjoy the following benefits:
"(1) A one-time disability allowance is paid by the industrial injury insurance fund according to the level of disability. The standards are: level 7 disability is 13 months of my salary, level 8 disability is 16 months of my salary, level 9 disability is 9 months, and level 10 disability is 7 months of my salary.
"(two) the labor employment contract expires, or the employee himself proposes to terminate the labor employment contract, and the industrial injury insurance fund pays a one-time work-related injury medical subsidy, and the employer pays a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. "
Sixteen, article 37 is changed to article 39, and item (3) of the first paragraph is amended as: "The standard of one-time work-related death allowance is 20 times of the per capita disposable income of urban residents in the previous year."
Seventeen, fortieth to forty-second, by deleting item (four).
18. Article 41 is changed to Article 43, and the fourth paragraph is amended as: "If an enterprise goes bankrupt, the industrial injury insurance benefits that should be paid by the unit shall be distributed according to law during bankruptcy liquidation."
XIX. Article 53 is renumbered as Article 55 and amended as: "Under any of the following circumstances, the relevant unit or individual may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law:
"(a) the employees who apply for work-related injury identification or their close relatives and the units where the employees work are dissatisfied with the decision not to accept the application for work-related injury identification.
"(two) the employees who apply for work-related injury identification or their close relatives and the units where the employees work are dissatisfied with the conclusion of work-related injury identification.
"(three) the employer refuses to accept the unit payment rate determined by the agency.
"(four) the medical institutions and auxiliary equipment allocation institutions that have signed the service agreement think that they have not fulfilled the relevant agreements or regulations.
"(5) Employees with work-related injuries or their close relatives have objections to the treatment of work-related injury insurance approved by the agency."
20. Article 58 is renumbered as Article 60, which is amended as: "If an employer, an employee with work-related injuries or his close relatives defraud the treatment of work-related injury insurance, and if a medical institution or an assistive device allocation institution defrauds the work-related injury insurance fund, the social insurance administrative department shall order it to be refunded and impose a fine of more than 2 times and less than 5 times the amount defrauded; If the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law. "
2 1. Article 60 is changed to Article 62, which is amended as: "If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premium that should be paid, and impose a late fee of 0.5% on a daily basis from the date of default; Failing to pay within the time limit, a fine of 1 times shall be imposed.
"In accordance with the provisions of this Ordinance shall participate in work-related injury insurance and did not participate in work-related injury insurance, the employer shall pay the fees in accordance with the provisions of this Ordinance.
"After the employer participates in work-related injury insurance and pays back the work-related injury insurance premium and late payment fee that should be paid, the work-related injury insurance fund and the employer shall pay new fees in accordance with the provisions of these Regulations."
22. One article is added as Article 63: "If an employer violates the provisions of Article 19 of these Regulations and refuses to assist the social insurance administrative department in investigating and verifying the accident, the social insurance administrative department shall order it to make corrections and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan."
Twenty-three, sixty-first to sixty-fourth, delete the first paragraph.
Twenty-four, Article 62 is changed into Article 65, which is amended as: "Civil servants and staff members of institutions and social organizations managed by reference to the Civil Service Law who suffer from accidents or occupational diseases due to their work shall be paid by their units. The specific measures shall be formulated by the social insurance administrative department of the State Council in conjunction with the financial department of the State Council. "
In addition, the individual words of the articles have been revised and the order of the articles has been adjusted accordingly.
This decision shall come into force as of 20111.
The Regulations on Work-related Injury Insurance shall be revised according to this decision and re-promulgated. After the implementation of these regulations, before the implementation of this decision, if the employees are injured by accidents or suffer from occupational diseases, the provisions of this decision shall prevail.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.