Xiamen City's Regulations on the Implementation of the "Regulations on Work-related Injury Insurance" (Xiamen Government Order No. 158, hereinafter referred to as the "Regulations") have been passed by the executive meeting of the municipal government and will come into effect on July 1 this year.

The relevant extended interpretation is now made based on the revision background and drafting status of the "Regulations".

Revision background and principles The original "Xiamen City Regulations on the Implementation of the Work-related Injury Insurance Regulations" (Xiamen Government Order No. 113) were regulations promulgated by the municipal government in 2004.

In 2010, the State Council revised the "Regulations on Work-related Injury Insurance" (hereinafter referred to as the "Regulations"), and the provincial government also made adjustments to the province's work-related injury insurance policy. Parts of the "Regulations" are inconsistent with the provisions of the higher-level law and need to be revised urgently.

At the same time, after ten years of practice, some effective practices need to be supplemented and improved in the Regulations. Therefore, it is necessary to revise the Regulations.

Considering the connection with higher-level laws, the "Regulations" will not repeat the content that has been stipulated by the "Regulations" and the provincial government. It only supplements and refines the content that needs to be operated in practice and has formed a common sense.

Main contents of the revision 1 Regarding the scope of application, the "Regulations" stipulate that enterprises, institutions, social groups, private non-enterprise units, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees within the administrative region of this city

Work-related injury insurance should be participated in in accordance with the "Regulations" and these regulations, which is consistent with the provisions of the "Regulations".

However, at the same time, it is stipulated that central and provincial public institutions in Xiamen can choose to participate in work-related injury insurance in our city.

Regarding the issue of including civil servants and staff of public institutions and social groups managed with reference to the Civil Servant Law into the scope of work-related injury insurance.

Considering that the identification of work-related injuries among civil servants and related dispute resolution procedures are not consistent with the current work-related injury insurance regulations, the "Regulations" do not explicitly include such personnel in the scope of work-related injury insurance.

However, taking into account the necessity of protecting the rights and interests of this type of workers in work-related injury insurance, and referring to the practices in other parts of the country, we will work with relevant departments to formulate separate policies to stipulate them in the near future and establish a unified work-related injury insurance system.

2. Regarding industry differential rates and floating rates. The "Regulations" delete the provisions on base rates and floating rates in the original "Regulations" and authorize the social insurance administrative departments to jointly formulate relevant policies with relevant departments.

Mainly considering that the determination of relevant industry differential rates and floating rates needs to be adjusted in a timely manner, and the business activities of enterprises in the three types of industries themselves are not consistent in the risk of accidents, so they should be based on industry rate standards.

Give more specific details.

Our bureau has three main considerations: First, based on the actual balance of work-related injury insurance premiums in our city, we can further reduce the burden on employers and appropriately reduce work-related injury insurance premium rates; second, set a number of premium rates in each of the three types of industries to reflect the differences.

; The third is to formulate more reasonable standards and basis for floating fee rates and give full play to the role of economic leverage in a more reasonable manner.

3. Regarding the insurance participation methods of construction, transportation and other construction enterprises. In view of the industry characteristics of construction, mining and stone processing enterprises, our city issued the "Measures for Participating in Work-related Injury Insurance for Migrant Workers in Construction, Mining and Stone Processing Enterprises (Trial)" in 2005.

(Xiafu (2005) No. 356), stipulates that they participate in work-related injury insurance on a project-by-project basis and stipulates corresponding payment rates, which better protects the legitimate rights and interests of workers in construction enterprises.

To this end, the "Regulations" further legalizes it and appropriately expands the scope, stipulating that all construction, transportation and other construction project construction companies shall pay work-related injury insurance premiums based on the project under construction based on a certain proportion of the total project cost.

Specifically, in addition to construction and transportation construction companies, projects under construction by all construction companies such as decoration, decoration, landscaping, etc. will also be included.

4 In addition, the "Regulations" have made specific modifications in other aspects to resolve disputes and protect the benefits of workers injured at work.

1. In order to resolve disputes between injured workers and employers regarding the suspension of work and salary periods, it is clarified that the Municipal Labor Capacity Appraisal Committee shall confirm the disputes over the suspension of work and salary periods.

2. In order to further rationalize the jurisdiction over the identification of work-related injuries and enable workers injured at work to obtain work-related injury compensation in a timely and effective manner, it is stipulated that employees of employers who have not registered and filed in our city, and who have not participated in work-related injury insurance in our city, shall report to

The social insurance administrative department where the employer is located applies for work-related injury recognition.

3. If the employer underreports the total wages of employees and the amount of individual wages of employees, resulting in a reduction in the benefits of workers injured at work, it is clear that the workers' units will make up for the benefits.

However, if an employee with a work-related injury is identified as Level 1 to Level 4, after the employer makes a supplementary payment, the work-related injury insurance fund will issue benefits according to the standard after the supplementary payment starting from the month after the supplementary payment.

Xiamen City's Regulations on the Implementation of the "Regulations on Work-related Injury Insurance" Chapter 1 General Principles Article 1 These regulations are formulated to implement the "Regulations on Work-related Injury Insurance" of the State Council (hereinafter referred to as the "Regulations") and in light of the actual situation of this city.