Decision of the State Council on the Revision of the Regulations on Work-Related Injury Insurance
Decision of the State Council on the Revision of the Regulations on Work-Related Injury Insurance
Decision of the State Council on the Revision of the Regulations on Work-Related Injury Insurance
Order of the State Council No. 586
December 20, 2010
The Decision of the State Council on the Revision of the Regulations on Work-Related Injury Insurance which was adopted at the 136th executive meeting of the State Council on December 8, 2010 is hereby promulgated and shall come into effect on January 1, 2011.
Premier: Wen Jiabao
Decision of the State Council on the Revision of the Regulations on Work-Related Injury Insurance
The State Council decides to make the following amendments to the Regulations on Work-Related Injury Insurance
Article 1 Article 2 shall be revised to read as follows:
Enterprises, public institutions, social bodies, privately-owned non-enterprise entities foundations, law firms, accounting firms, and other organizations in China as well as individual business operators in China that hire workers ( hereinafter referred to as employers) shall participate in work-related injury insurance and pay work-related injury insurance premiums for all of their staff members or hired workers (hereinafter referred to as employees) in accordance with the provisions hereof.
The employees of public institutions, social bodies, privately-owned non-enterprise entities foundations, law firms, accounting firms, and other organizations in China and the hired workers of individual business operators in China shall have the right to enjoy the benefits of work-related injury insurance in accordance with the provisions hereof.
Article 2 Paragraph 2 of Article 8 shall be revised to read as follows:
The State shall determine differential premium rates for industries according to the degree of risk of work-related injuries in different industries and shall determine several tiers of premium rates within each industry on the basis of circumstances such as the employment of work-related injury insurance premiums and the frequency of occurrence of work-related injuries. Differential premium rates for industries and intra-industry premium rate tiers shall be formulated by the administrative department of labor security of the State Council and shall be promulgated and implemented upon approval by the State Council.
Article 3 Article 9 shall be revised to read as follows:
The administrative department of labor security of the State Council shall periodically obtain the details of receipt and payment of work-related injury insurance funds of all of the integrally planed regions throughout China, and shall promptly put forward a proposal for the adjustment of differential premium rates for industries and intra-industry premium rate tiers. Such a proposal shall be promulgated and implemented upon approval by the State Council.
Article 4 A new paragraph shall be added to Article 10 to serve as Paragraph 3 which reads as follows:
For any industry in which it is difficult to pay work-related injury insurance premiums on the basis of the gross amount of wages, specific methods for paying such premiums shall specified by the administrative department of labor security of the State Council.
Article 5 Paragraph 1 of Article 11 shall revised to read as follows:
Work-related injury insurance funds shall be gradually subject to planning as a whole on a province-wide basis.
Article 6 Article 12 shall be revised to read as follows:
Work-related injury insurance funds shall be deposited into a financial account dedicated for social security funds and shall be used for the distribution of benefits of work-related injury insurance, the work capability assessment, the publicity and trainings with respect to work-related injury prevention and other expenses prescribed herein and the payment of other expenses required by laws or regulations to be used for work-related injury insurance.
......