|
(Promulgated on July 22, 2002 by Decree No. 123 of the Shanghai
Municipal People's Government)
Article 1 (Purpose)
In order to ensure the legitimate rights and
benefits of out-of-town employees, normalize the act of employment of the units,
and
safeguard the order of labor market in this Municipality, these Procedures
are formulated with full consideration to the actual
circumstances of this
Municipality.
Article 2 (Definition)
The comprehensive insurance for
out-of-town employees mentioned in these Procedures (hereinafter referred to as
the comprehensive
insurance) refers to the three insurance benefits with
industrial injuries (or unexpected injuries), hospital treatment, and old-age
allowance included.
The out-of-town employees refer to the personnel from
other provinces, autonomous regions and municipalities directly under the
Central Government without the permanent Shanghai residence registration who do
physical labor or commercial business in this Municipality
and meet the
employment requirements of this Municipality.
Article 3 (Scope of
Application)
These Procedures apply to the state organs, mass organizations,
enterprises (including out-of-town construction enterprises), institutions,
private institutions, individual economic organizations with the approval of
employing out-of-town employees in the administrative
area of this Municipality
(hereinafter referred to as the employer-units), and the out-of-town employees
they employ and the out-of-town
employees not affiliated with any unit.
These
Procedures do not apply to the following out-of-town employees:
1. The
persons doing household service;
2. The persons doing agricultural work;
and
3. The talents introduced according to the "Interim Provisions on the
Implementation of the System of 'Residence Permit of Shanghai
Municipality' to
Introduced Talented Personnel".
Article 4 (Administrative
Department)
The Municipal Labor and Social Security Bureau is the competent
administrative department of the municipal comprehensive insurance
in charge of
the unified administration of the comprehensive insurance. The administrative
agency in charge of the employment of
out-of-town employees under the labor and
social security administrative department shall be responsible for the specific
administrative
work.
The municipal departments of public security,
construction, finance, industry and commerce, public health and sanitation shall
coordinate
in doing a good job of the administration of the comprehensive
insurance according to their respective duties.
Article 5 (Subject of
Payment of Premium)
The employer-units and the out-of-town employees not
affiliated with any unit shall pay the comprehensive insurance premium according
to the provisions of these Procedures.
Article 6 (Registration
Procedures)
The employer-units shall, within 30 days upon the implementation
of these Procedures, go through the registration procedures of the
comprehensive
insurance with the administrative agency in charge of the employment of the
out-of-town employees. The employer-units
that employ out-of-town employees for
the first time or the employer-units that enter the construction market of the
Municipality
for the first time shall, within 30 days upon the reception of the
approval of employing out-of-town employees, go through the registration
procedures of the comprehensive insurance.
The out-of-town employees not
affiliated with any unit shall, within 5 working days upon reception of the
"Work Permit for Out-of-town
Employees in Shanghai Municipality", go through the
registration procedures of the comprehensive insurance with the administrative
agency in charge of the employment of out-of-town employees.
The specific
registration items of the comprehensive insurance shall be separately formulated
by the Municipal Labor and Social
Security Bureau.
Article 7
(Cancellation and Alteration)
When a employer-unit that winds up or moves out
of this Municipality according to law, or there is an alteration of the
registration
items of the comprehensive insurance, it shall, within 30 days upon
the occurrence of such situations, go through the cancellation
or alteration
registration procedures with the original registration organizations.
When
the out-of-town employees not affiliated with any unit no longer work in this
Municipality, or there is an alteration of their
registration items of the
comprehensive insurance, they shall go through the cancellation or alteration
registration procedures
with the original registration organizations.
Article
8 (Time Limit for Payment of Premium)
The employer-units and the
out-of-town employees not affiliated with any unit shall, within the same month
upon the completion of
the registration procedures of comprehensive insurance,
pay the comprehensive insurance premium to the Municipal Administrative
Organization of the Employment of Out-of-town Employees. The cycle period of
payment of the comprehensive insurance premium shall
be 3 months. The payer
shall each time pay 3 months' comprehensive insurance premium.
Article
9 (Payment Base and Rate)
The employers-unit' s base of payment of
comprehensive insurance premium shall be 60% of the sum total of the total
number of the
out-of-town employees they employ multiply by the average monthly
salary and wage of the last year of all the staff members and
workers of this
Municipality. The base of payment of comprehensive insurance premium for the
out-of-town employees not affiliated
with any unit shall be 60% of the average
monthly salary and wage of the last year of all the staff members and workers of
this
Municipality.
The employer-unit and the out-of-town employees not
affiliated with any unit shall pay the rate of 12.5% of the payment base as the
comprehensive insurance premium. Among them, the payment rate for out-of-town
construction enterprises shall be 7.5%.
Article 10 (The Channel of
Arrangement and Payment of Comprehensive Insurance Premium)
The comprehensive
insurance premium paid by the employer-units shall be arranged and paid through
the channel stipulated by the
finance department.
Article 11 (Use of
the Fund)
This Municipality shall establish a Comprehensive Insurance Fund.
The Comprehensive Insurance Fund shall be used chiefly for the
payment of
comprehensive insurance benefits and the operation fee.
In case of
insufficiency of the Comprehensive Insurance Fund, the rate of payment of
premium may be adjusted. The adjustment of
the rate of payment of premium shall
be proposed by the Municipal Labor and Social Security Bureau, and be
implemented after being
approved by the Municipal Government.
Article
12 (Management of the Fund)
The Comprehensive Insurance Fund shall
practice centralized management, open separate bank account, and be earmarked
for its specific
purpose only. No departments, units, or individual persons
shall relend, misappropriate, or embezzle the money.
The Comprehensive
Insurance Fund shall accept the supervision of the finance, auditing and
supervisory departments in accordance
with law.
Article 13 (Benefits
Enjoyed)
Anyone who has performed the obligation of premium payment according
to the provisions of these Procedures shall enjoy benefits of
the comprehensive
insurance according to the following provisions:
1. The out-of-town employees
used by the employer-units shall enjoy three benefits, including industrial
injuries, hospital treatment
and old-age allowance;
2. The out-of-town
employees not affiliated with any unit shall enjoy three benefits, including
unexpected injuries, hospital treatment
and old-age allowance; and
3. The
out-of-town employees used by the out-of-town construction enterprises shall
enjoy two benefits, including industrial injuries
and hospital
treatment.
Article 14 (Insurance Benefits for Industrial or unexpected
Injuries)
In case that the out-of-town employees used by the employer-units,
and the out-of-town employees not affiliated with any unit suffer
industrial
injury (or unexpected injury), or industrial disease during the valid period of
the comprehensive insurance, they shall,
after being affirmed and have the
appraisal of the sufferer' s labor ability issued by the relevant department,
enjoy insurance
benefits for industrial injury (or unexpected injury) taking the
standard of industrial injury benefits set by this Municipality
as reference.
The insurance for industrial injury (or unexpected injury) shall be paid to the
sufferer in a lump sum.
Article 15 (Insurance Benefits for Hospital
Treatment)
In case that the out-of-town employees are hospitalized for
illness or non-industrial injury during the period of validity of the
comprehensive insurance, the portion of the payment for medical treatment in
hospital below the starting payment standard shall
be born by the sufferer; for
the portion above the starting payment standard, the comprehensive insurance
shall bear 80%, and the
out-of-town employees shall bear 20%. The starting
payment standard for medical treatment in hospital shall be 10% of the average
annual salary and wage of the last year of the staff members and workers of this
Municipality.
In case that the employer-units or the out-of-town employees
not affiliated with any unit have paid the insurance premium for three
months,
the maximum benefit for the medical treatment in hospital to be enjoyed shall be
as much as the average annual salary and
wage of all staff members and workers
of this Municipality of the last year. In case of a continuous payment of
premium for six
months, the maximum benefit for medical treatment in hospital to
be enjoyed shall be two times as much as the average annual salary
and wage of
the staff members and workers of this Municipality of the last year. In case of
a continuous payment of premium of
nine months, the maximum benefit for the
medical treatment in hospital to be enjoyed shall be three time as much as the
average
annual salary and wage of the staff members and workers of this
Municipality of the last year. In case of a continuous payment of
premium of
more than one year, the maximum benefit for medical treatment in hospital to be
enjoyed shall be four times as much
as the average annual salary and wage of the
staff members and workers of the last year of this Municipality.
Article
16 (Benefit for Old-age Allowance)
In case that the employer-units or
the out-of-town employees not affiliated with any unit have continuously paid
the insurance premium
for one year, the out-of-town employees may obtain a
certificate for old-age allowance, and its specific amount shall be 5% of the
payment base actually paid by the employee.
The out-of-town employees may, at
the age of 60 for male and at the age of 50 for female, cash the old-age
allowance in a lump sum
with the certificate for old-age allowance.
Article
17 (Going Through the Procedures for Comprehensive Insurance
Benefits)
The out-of-town employees who have satisfied the conditions
provided in Article 14, Article 15 and Article 16 of these Procedures
may, with
his/her Personal ID, "Work Permit for Out-of-town Employees of Shanghai
Municipality", Certificate for Old-age Allowance
and other relevant certifying
materials, go through the procedures for enjoying benefits for industrial
injuries (or unexpected
injuries), hospital treatment or old-age
allowance.
Article 18 (Payment of the Comprehensive Insurance
Compensation)
The comprehensive insurance compensation shall be paid by the
administrative organization in charge of the out-of-town employment
of the
employees.
The comprehensive insurance compensation may, according to the
relevant provisions of the State and this Municipality, and according
to the
standard provided in these Procedures, be entrusted to insurance companies for
payment and operation.
Article19 (Supervision and Inspection)
The
labor supervisory organization under the labor security administrative
department shall be responsible for the supervision over
and inspect of the
payment of the comprehensive insurance premium.
The labor security
administrative department shall order the employer-units and the out-of-town
employees not affiliated with any
unit who do not pay the comprehensive
insurance premium according to the provisions, to make the payment within a time
limit. If
they still do not pay when the payment is overdue, they shall pay an
overdue fine of 2бы each day. Those who refuse neither to pay
the comprehensive
insurance premium when it is overdue nor the overdue fine, the labor security
administrative department may apply
to the People' Court for enforcement of
paying the premium.
Before the make-up of the payment of the comprehensive
insurance premium, the employer-units or the out-of-town employees not
affiliated
with any unit shall bear themselves the expense for industrial
injuries (or unexpected injuries) and hospital treatment.
Article 20
(Report against Wrongful Acts)
Any organization or individual person has the
right to report against the wrongful acts related to the payment of the
comprehensive
insurance premium to the labor security administrative department.
The labor security administrative department shall timely investigate
the case
upon receiving the report, deal with the case according to provisions of laws,
and keep it confidential for the reporter.
Article 21 (Settlement of
Dispute)
In case of a dispute over the payment of the comprehensive insurance
premium with the employer-unit, the out-of-town employees may
apply to the
mediation committee of labor disputes for mediation, or may directly apply to
the arbitration committee of labor disputes
for arbitration. In case that the
award is not accepted, either party may bring a lawsuit in the People's Court
according to law.
Article 22 (Implementation Bylaws)
The
implementation bylaws of these Procedures shall be formulated by the Municipal
Labor and Social Security Bureau.
Article 23 (Effective Date)
These
Procedures shall become effective on September 1, 2002.
|
