Current location - Trademark Inquiry Complete Network - Tian Tian Fund - What are the provisions on social security funds in the new labor law? Where are the mandatory policy provisions?
What are the provisions on social security funds in the new labor law? Where are the mandatory policy provisions?
Look for more, there must be,

Social insurance refers to a social security system that is enforced by the state through legislation, funded by workers, enterprises (employers) or communities, and established by the state to provide material assistance to workers themselves or their immediate family members when they lose their ability to work or temporarily lose their jobs due to old age, work injury, illness, maternity, disability, unemployment, death and other reasons. It has the functions of guaranteeing the basic livelihood of workers, maintaining social stability and promoting economic development. Social insurance includes endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

Old-age insurance: The basic old-age insurance system combining social pooling with individual accounts is a new basic old-age insurance system initiated by China in the world. This system adopts the traditional basic endowment insurance fund raising mode, that is, the state, units and individuals share the burden; The basic old-age insurance fund implements social mutual aid; In the calculation and payment of basic pension, the structural calculation and payment method is adopted, emphasizing the incentive factors and labor contribution differences of personal account pension. Therefore, the system not only absorbs the advantages of the traditional pension insurance system, but also draws lessons from the advantages of the personal account model; It not only embodies the characteristics of social mutual assistance, risk dispersion and strong security in the traditional sense, but also emphasizes the self-protection consciousness and incentive mechanism of employees. With the continuous improvement of this system in the practice of China, it will have a far-reaching impact on the development history of world endowment insurance.

Medical insurance: The publicly-funded medical care and labor insurance medical care established in the early 1950s in China are collectively referred to as employee medical insurance. It is an important part of the national social security system and one of the important items of social insurance.

Medical insurance has the basic characteristics of social insurance, such as compulsion, mutual assistance and sociality. Therefore, the medical insurance system is usually legislated and implemented by the state.

Establish a fund system, with the expenses paid jointly by employers and individuals, and the medical insurance premium paid by medical insurance institutions to solve the medical risks brought by employees' illness or injury.

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.

Since the implementation of medical insurance in China for more than 40 years, it has played a positive role in safeguarding the health of employees and maintaining social stability. However, with the establishment of the socialist market economic system and the deepening of the reform of the state and enterprises, this system has been difficult to solve the basic medical security problems of employees under the conditions of market economy.

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.

Unemployment insurance: unemployment insurance refers to a system that is enforced by the state through legislation and set up by the society to provide material help 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. 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.

Industrial injury insurance; Industrial injury insurance is an important part of social insurance system. It refers to a social security system that the state and society provide medical care, living security, economic compensation, medical treatment and vocational rehabilitation for workers and their relatives who suffer from accidents and occupational diseases in production and work. The direct consequence of industrial injury, that is, occupational injury, is to damage the life and health of employees, and thus cause mental pain and economic losses to employees and their family members, that is to say, the rights of life and health, survival and labor of workers are affected, damaged or even deprived. Workers working in the unit will inevitably form a mutual labor relationship between workers and employers. In the process of labor, the employer not only has to pay wages to the workers, but also has the right to enjoy industrial injury insurance if an accident unfortunately causes the workers to be disabled, die or suffer from occupational diseases. This right of workers is fundamentally guaranteed by the national constitution and labor law. Article 73 of the Labor Law of People's Republic of China (PRC) promulgated by the State Council1July 5, 1994 stipulates: "Workers shall enjoy social insurance benefits in accordance with the law in any of the following circumstances: ┄┄ (3) Work-related injuries or occupational diseases". This basic law, in the form of national laws, guarantees employees and their relatives to enjoy work-related injury insurance benefits. In order to enable workers to effectively enjoy the treatment of work-related injury insurance, the Ministry of Labor promulgated the Trial Measures of Work-related Injury Insurance for Enterprise Employees on August 12, 1996 (No.266 issued by the Ministry of Labor [1996]), which is the policy measure to implement the work-related injury insurance system at this stage and the main basis to implement the treatment of work-related injury.

Maternity insurance: maternity insurance is a social insurance system stipulated by national legislation, which provides timely material assistance by the state and society when the labor force is temporarily interrupted due to maternity.

Maternity insurance benefits in China mainly include two items. First, maternity allowance is used to protect the basic needs of female employees during maternity leave; The second is maternity medical care, which is used to ensure the basic medical care needs of female employees during pregnancy, childbirth and birth control surgery.

Maternity insurance is related to the vital interests of the majority of female workers and plays a very important role in protecting the production and reproduction of social labor. The practice of maternity insurance in China proves that under the condition of market economy, the implementation of social pooling of maternity expenses and socialized management services has played an important role in balancing the burden on enterprises, improving the employment environment for women and effectively protecting the basic rights and interests of female workers during their maternity. At the same time, it also has a positive impact on family planning and prenatal and postnatal care.

The legal basis of maternity insurance is:1People's Republic of China (PRC) Labor Law promulgated on July 5, 1994; Trial Measures for Maternity Insurance for Enterprise Employees issued by the former Ministry of Labor 1994 12 14 (No.504 issued by the Ministry of Labor [1994]). Relevant regulations include: 2 1, Provisions on Labor Protection of Female Workers promulgated in July, 65438 (the State Council Decree No.9); The former Ministry of Labor 1988 issued the Notice on Several Issues Concerning the Maternity Treatment of Female Workers (Lao Xian Zi [1988] No.2).

References:

China labor security network