Insurance refers to the commercial insurance behavior in which the applicant pays the insurance premium to the insurer according to the contract, and the insurer bears the responsibility of paying the insurance premium for the property losses caused by the possible accidents agreed in the contract, or when the insured dies, suffers from disability, illness or reaches the age and time limit agreed in the contract.

Insurance is an economic form to establish the economic relationship between the two parties in the form of a contract, and to compensate or pay the losses caused by disasters and accidents by paying insurance premiums within the scope stipulated in the insurance contract, thus establishing an insurance fund.

Insurance belongs to the economic category, which reveals the essence and essence of insurance.

Insurance essentially embodies an economic relationship, which is manifested as: (1) the commodity exchange relationship between the insurer and the insured; (2) Income redistribution between the insurer and the insured.

From an economic point of view, insurance is a way of loss sharing. Most units and individuals pay premiums to establish insurance funds, so that the losses of a few members are shared by all the insured.

Legally speaking, insurance is a kind of contractual behavior, that is, by signing an insurance contract, the rights and obligations of both parties are clarified, and the insured obtains compensation within the scope stipulated in the insurance contract by paying the premium, while the insurer has the right to accept the premium and the obligation to provide compensation.

Therefore, insurance is the unity of economic relations and legal relations.

Social insurance is stipulated by the state in the form of law. When workers temporarily or permanently lose their ability to work, they get all kinds of systems that do not provide or even provide material help and maintenance. Article 70 of China's Labor Law stipulates that "the state develops social insurance, establishes a social insurance system and a social insurance fund, so that workers can get help and compensation in cases of old age, illness, work injury, unemployment and maternity."

Corresponding to social insurance, commercial insurance is operated by specialized insurance enterprises with profit as the insurance purpose by concluding insurance contracts. Commercial insurance relationship is a contractual relationship concluded by the parties voluntarily. The insured pays the insurance premium to the insurance company according to the contract, and the insurance company shall be liable for the property losses caused by the possible accidents agreed in the contract, or the death, disability, illness or reaching the agreed age and time limit of the insured. Commercial insurance can be divided into life insurance and property insurance.

The so-called social insurance is a system in which workers with wage income temporarily or permanently lose their ability to work, or even if they have the ability to work, they lose their source of livelihood. Through legislative means, social forces are used to compensate these workers for their income losses 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 pension insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance, all of which are national welfare policies and are not for profit.

China's labor law workers enjoy social insurance benefits in accordance with the law under the following circumstances:

(1) Retirement;

(2) Being 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 old-age insurance are different, because the reasons for workers to quit the labor field are divided into retirement, resignation and resignation.

1. Conditions for enjoying pension insurance benefits due to retirement

1on 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 issued by the Ministry of Labor and Social Security [1999]), pointing out that the legal retirement age of enterprise employees is 60 years for men, 50 years for women employees and 55 years 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, disabled by illness or non-work-related injuries, and completely incapacitated by the hospital appraisal and confirmed by the labor appraisal committee, the retirement age is 50 years old for men and 45 years old for women.

According to the relevant provisions of the Notice of the State Council on Deepening the Reform of the Pension 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 pension insurance benefits due to retirement.

Who has one of the following circumstances, and meet the statutory retirement conditions, can enjoy retirement pension insurance benefits:

(1) 65438+1join the revolutionary army led by the China * * * production party before September 30, 949;

(2) 1949 participated in revolutionary work in the liberated areas before September 30, and enjoyed the treatment of supply system and contract system;

(3) Engaged in revolutionary work in enemy-occupied areas before September 30,1949;

(4) Take part in the revolutionary work in the liberated areas before the end of1948 and enjoy the wage system formulated by the local people's government;

The above-mentioned veteran cadres are 60 years old male and 55 years old female. They can retire and enjoy retirement pension insurance benefits.

3. Conditions for enjoying pension insurance benefits due to resignation

Those who have completely lost their ability to work due to work-related injuries and do not meet the retirement age, length of service or other retirement conditions shall resign and enjoy pension 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 February 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 was deployed to comprehensively promote the reform of the employee medical insurance system nationwide, and required that the basic medical insurance system for employees be basically established nationwide in February 1999. According to the provisions of this decision, the conditions for China to enjoy medical insurance benefits should not only belong to enterprises and their employees covered by basic medical insurance, but also enterprises and their employees should pay medical insurance premiums according to regulations.

The basic medical insurance system for urban workers in the State Council covers all employers in cities and towns, including enterprises (state-owned enterprises, collective enterprises, foreign-invested enterprises and private enterprises). ), organs, institutions, social organizations, private non-enterprise units and their employees. Whether township enterprises and their employees, owners of urban economic organizations 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.

Medical insurance premiums are paid jointly by employers and individuals. The State Council's "Decision on Establishing the Basic Medical Insurance System for Urban Workers" 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 should 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 the system that the state enforces it through legislation and the society sets up a fund to provide material assistance to workers who have temporarily stopped their livelihood because of 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 for laid-off workers from state-owned enterprises and re-employment, among which social insurance includes five items: endowment insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance. )

Unemployment insurance mainly has the following characteristics: First, it is universal. It is mainly established to ensure the basic life of wage earners after unemployment, covering 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 hometown 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 categories of people in state-owned enterprises to seven categories of people in state-owned enterprises and employees, and then to all enterprises and institutions in cities and towns and their employees stipulated in the Unemployment Insurance Ordinance, 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 relevant regulations, units and individuals that fail to fulfill their payment obligations shall bear corresponding legal responsibilities. The third is mutual assistance. The unemployment insurance fund mainly comes from social fund-raising and is shared by units, individuals and the state. The payment ratio and payment method are relatively stable. The unemployment insurance premiums raised are all included in 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 role of mutual aid.

The unemployed referred to in the Unemployment Insurance Regulations only refer to those who have the ability to work and are unemployed within the legal working age. According to the relevant regulations, the current legal working age in China is 16-60 years old, and sports, literature and art and special craft units can recruit minors under 16 years old after performing the examination and approval procedures in accordance with state regulations. Employees of enterprises who have reached the age of 60, women who have reached the age of 50, employees of government agencies and institutions who have reached the age of 60 and women who have reached the age of 55 shall be subject to the retirement system. The retirement age can be reduced for employees who are engaged in toxic and harmful work and are disabled due to work-related illness. 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, finding a job by some means without a job means that the unemployed have a job demand, 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 considered unemployed. These people voluntarily gave up their right to employment and have left the labor force, so they do not belong to the labor force, 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 is caused by the time difference between the job-seeking and the positions that need to be provided. For example, if the newly-added laborers cannot find jobs, their jobs will be interrupted when they want to change jobs; Seasonal unemployment refers to the unemployment caused by seasonal changes in labor demand due to the influence of climatic conditions, social customs or buying habits on the production conditions or products of certain industries; Technical unemployment refers to unemployment caused by local labor surplus in society due to the use of new machines, equipment and materials and the adoption of new production technologies 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, unemployment caused by periodic economic contraction in market economy countries.

From the analysis of China's current situation, 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 reached1250,000, of which the economically active population reached 71000,000. Especially since 1980s, 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 10 percentage point 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. According to the development trend, in the coming period, there will be about100000 new laborers every year, and about 30 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 workers formed in history will be gradually solved, and it will be an inevitable trend for a large number of redundant workers accumulated over the years to enter the social competition for employment. It can be said that the contradiction of oversupply of labor force 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, 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 sectors of primary and secondary industries, can not only expand employment capacity, but also reduce the number of employees and divert part of the labor force, resulting in an increase in unemployment. Fourth, because many unemployed people have single skills, low professional and technical level, it is difficult to meet the needs of employers, and the concept of choosing a job is outdated, so it is difficult to rely on their own efforts to open up employment opportunities and realize re-employment. Fifth, China's current social security system is imperfect, its coverage is narrow, the market employment mechanism is not fully established, and there are obvious constraints on the flow and rational allocation of labor.

Unemployment is a social and economic phenomenon. Labor resources are an important part of economic resources, and job competition is a necessary prerequisite for the optimal allocation of labor resources. In the process of competition, there will inevitably be some 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 gold" is strictly five insurances, including endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. "One gold" refers to the housing accumulation fund. Among them, old-age 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. It should be noted here that "four risks" are legal, but "one gold" is not.

Xu introduced that the payment amount of "four insurances and one gold" is different in each region, based on the total salary. Some enterprises have a basic salary and some related subsidies when paying wages, but some enterprises only pay a basic salary when paying wages, 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, they can only be collected under the statutory permission and issued by the insurance registration department. He said: "For example, the old-age insurance can only be obtained when you reach the legal age, and unemployment insurance benefits can only obtain the unemployment certificate at the street office where your household registration is located and the employment certificate at the same time, which means that you must have the will to apply for a job after you lose your job. 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 believes that since the probation period is an integral part of the contract period, you should also get insurance during the probation period. In addition, it is the legal obligation of enterprises to insure employees, which does not depend on the intention or will of the parties. Even if employees say that they do not need insurance, commercial insurance cannot replace social insurance.

Commercial insurance, also known as financial insurance, is relative to social insurance. Commercial insurance organizations collect insurance premiums from the insured according to the insurance contract, establish insurance funds, and be liable for compensation for property losses caused by the contract; Or when the insured dies, is disabled, falls ill, or reaches the age and time limit agreed in the contract, it is a contractual act that bears the responsibility of paying insurance benefits.

Commercial insurance has the following characteristics:

1. The business entity of commercial insurance is a commercial insurance company.

2. The insurance relationship reflected by commercial insurance is embodied in the insurance contract.

3. The objects of commercial insurance can be people and things (tangible and intangible), and the specific objects are people's life and body, property, interests, responsibilities and credit related to property.

4. Commercial insurance shall be operated for profit, so as to obtain the maximum profit and ensure that the insured can enjoy the maximum economic security.