Implementing Measures of Hebei Province on Work-related Injury Insurance
Implementing Measures of Hebei Province on Work-related Injury Insurance
Implementing Measures of Hebei Province on Work-related Injury Insurance
Order of the People's Government of Hebei Province [2011] No.21
December 31, 2011
The Implementing Measures of Hebei Province on Work-related Injury Insurance, which were adopted at the 99th executive meeting of the People's Government of Hebei Province on December 28, 2011, are hereby promulgated for implementation as of March 1, 2012.
Acting Governor Zhang Qingwei
Implementing Measures of Hebei Province on Work-related Injury Insurance
Chapter I General Provisions
Article 1 In order to ensure that employees suffering from accidents or occupational diseases due to work can receive medical rescues and financial compensations, the Implementing Measures of Hebei Province on Work-related Injury Insurance (hereinafter referred to as the "Measures") are formulated in accordance with the Social Insurance Law of the People's Republic of China and the Regulations on Work-related Injury Insurance (hereinafter referred to as the "Regulations")of the State Council and in light of the actual situation of Hebei province (hereinafter referred to as the "Province").
Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, foundations, law firms and accounting firms and individual business operators with hired workers within the administrative region of the Province (hereinafter referred to as the "employers") shall participate in work-related injury insurance in accordance the Regulations and the Measures.
Employers shall pay work-related injury insurance premiums for all of their staff members or hired workers (hereinafter referred to as the "employees"), who shall be entitled to the benefits of work-related injury insurance in accordance with the Regulations and the Measures.
Article 3 Administrative departments of social insurance of the people's government at county level or above shall be charge of matters concerning work-related injury insurance within their respective administrative regions.
The handling agencies, which are established by administrative departments of social insurance in accordance with relevant provisions of the State Council and the people's government of the Province (hereinafter referred to as the "handling agencies"), shall be responsible for specific matters concerning work-related injury insurance.
Article 4 The provincial administrative department of social insurance shall seek opinions from representatives of trade unions and employers when formulating the policies of work-related injury insurance and relevant standards.
Article 5 Employers shall establish responsibility systems for safety work and prevention and treatment of occupational diseases, take measures to prevent work-related injuries and to mitigate or avoid occupational diseases.
Chapter II Work-related Injury Insurance Fund
Article 6 Work-related injury insurance fund shall be planned as a whole within the Province. Detailed measures shall be formulated by the provincial administrative department of social insurance in concert with the provincial finance department, and shall be implemented after being submitted to the people's government of the Province for approval.
Article 7 The contribution rate of work-related injury insurance, which shall be paid by an employer, shall be determined by the handling agency of the provincial administrative department of social insurance (hereinafter referred to as the "provincial handling agency") on the basis of the contribution rate of the sector, to which such employer belong, its use of work-related injury insurance premiums and the frequency of occurrence of work-related injuries.
Article 8 Employers shall declare and pay the premium of work-related injury insurance on the basis of the total salaries of all employees in the previous year. Sectors, for which the premium is unable to be declared or paid on such basis, shall be subject to relevant provisions of the State and the Province.
Where there is any change in the number of employees of employers that participate in work-related injury insurance, employers shall report, within five days, the list of employees changed and relevant situations to the handling agencies.
Article 9 Employers shall declare the amounts payable of work-related injury insurance premiums on a monthly basis to the handling agencies, which shall conduct immediate reviews. Where such reviews cannot be conducted immediately due to special circumstances, they shall be conducted within three days upon the receipt of the declaration materials for payment by the handling agencies. Employers shall, within five days after the review of the handling agencies, pay full work-related injury insurance premiums in currency.
Where employers fail to declare the amounts payable of work-related injury insurance premiums as declared in accordance with provisions, the handling agencies shall temporarily determine the amounts payable on the basis of 110% of such amounts as paid by such employers in the preceding month; in case of no amounts paid in the preceding month, the handling agencies shall determine the amounts payable on the basis of relevant situations such as the status of operation and number of employees of such employers. After employers undertake the declaration procedures retroactively and pay the amount of work-relate injury insurance premiums as verified and determined, the handling agencies shall settle the same in accordance with provisions.
Article 10 Work-related injury insurance premiums shall be collected by the handling agencies in accordance with relevant provisions of the State and the Province.
When collecting work-related injury insurance premiums, the handling agencies shall issue vouchers, which are uniformly prepared and printed by the provincial finance department.
Article 11 Work-related injury insurance funds shall be used for the expenditure of the following items:
1. medical expenses for work-related injury treatment and rehabilitation;
2. meal allowance for hospitalization;
3. travel and accommodation expenses for medical treatment in medical institutions outside the city divided into districts;
4. expenses for installing or equipping the injured with supporting instruments for the injured and disabled;
5. nursing expenses as determined by the work capability assessment committee for employees who lose the self-care ability;
6. lump-sum allowance for the injured or disabled and monthly allowance for injured and disabled employees between grade one to grade four;
7. lump-sum medical allowance in the case of termination or release of employment contracts;
8. funeral allowance, pension and lump-sum allowance for family dependents of the deceased dying due to work;
9. expenses for prevention of work-related injury;
10. investigation fees for the determination of work-related injury;
11. work capability assessment fee; and
12. other items required by laws, rules and regulations to be expensed out of the work-related injury insurance fund.
The expenditure of the investigation fees for the determination of work-related injury shall be subject to the plan submitted by the provincial administrative department of social insurance in concert with the provincial finance department, and shall be implemented after being submitted to the people's government of the Province for approval.
The withdrawal proportion, use and management of expenses for prevention of work-related injury shall be subject to the relevant provisions formulated by the state and provincial administrative departments of social insurance in concert with the provincial finance, sanitation, work safety supervision and management departments.
Article 12 The provincial handling agencies shall, before the end of a year, reserve 10% of the total work-related injury insurance premiums collected in the whole year in the Province as the reserve for work-related injury insurance for the payment of work-related injury insurance for serious or extra serious accidents.
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Order of the People's Government of Hebei Province [2011] No.21
December 31, 2011
The Implementing Measures of Hebei Province on Work-related Injury Insurance, which were adopted at the 99th executive meeting of the People's Government of Hebei Province on December 28, 2011, are hereby promulgated for implementation as of March 1, 2012.
Acting Governor Zhang Qingwei
Implementing Measures of Hebei Province on Work-related Injury Insurance
Chapter I General Provisions
Article 1 In order to ensure that employees suffering from accidents or occupational diseases due to work can receive medical rescues and financial compensations, the Implementing Measures of Hebei Province on Work-related Injury Insurance (hereinafter referred to as the "Measures") are formulated in accordance with the Social Insurance Law of the People's Republic of China and the Regulations on Work-related Injury Insurance (hereinafter referred to as the "Regulations")of the State Council and in light of the actual situation of Hebei province (hereinafter referred to as the "Province").
Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, foundations, law firms and accounting firms and individual business operators with hired workers within the administrative region of the Province (hereinafter referred to as the "employers") shall participate in work-related injury insurance in accordance the Regulations and the Measures.
Employers shall pay work-related injury insurance premiums for all of their staff members or hired workers (hereinafter referred to as the "employees"), who shall be entitled to the benefits of work-related injury insurance in accordance with the Regulations and the Measures.
Article 3 Administrative departments of social insurance of the people's government at county level or above shall be charge of matters concerning work-related injury insurance within their respective administrative regions.
The handling agencies, which are established by administrative departments of social insurance in accordance with relevant provisions of the State Council and the people's government of the Province (hereinafter referred to as the "handling agencies"), shall be responsible for specific matters concerning work-related injury insurance.
Article 4 The provincial administrative department of social insurance shall seek opinions from representatives of trade unions and employers when formulating the policies of work-related injury insurance and relevant standards.
Article 5 Employers shall establish responsibility systems for safety work and prevention and treatment of occupational diseases, take measures to prevent work-related injuries and to mitigate or avoid occupational diseases.
Chapter II Work-related Injury Insurance Fund
Article 6 Work-related injury insurance fund shall be planned as a whole within the Province. Detailed measures shall be formulated by the provincial administrative department of social insurance in concert with the provincial finance department, and shall be implemented after being submitted to the people's government of the Province for approval.
Article 7 The contribution rate of work-related injury insurance, which shall be paid by an employer, shall be determined by the handling agency of the provincial administrative department of social insurance (hereinafter referred to as the "provincial handling agency") on the basis of the contribution rate of the sector, to which such employer belong, its use of work-related injury insurance premiums and the frequency of occurrence of work-related injuries.
Article 8 Employers shall declare and pay the premium of work-related injury insurance on the basis of the total salaries of all employees in the previous year. Sectors, for which the premium is unable to be declared or paid on such basis, shall be subject to relevant provisions of the State and the Province.
Where there is any change in the number of employees of employers that participate in work-related injury insurance, employers shall report, within five days, the list of employees changed and relevant situations to the handling agencies.
Article 9 Employers shall declare the amounts payable of work-related injury insurance premiums on a monthly basis to the handling agencies, which shall conduct immediate reviews. Where such reviews cannot be conducted immediately due to special circumstances, they shall be conducted within three days upon the receipt of the declaration materials for payment by the handling agencies. Employers shall, within five days after the review of the handling agencies, pay full work-related injury insurance premiums in currency.
Where employers fail to declare the amounts payable of work-related injury insurance premiums as declared in accordance with provisions, the handling agencies shall temporarily determine the amounts payable on the basis of 110% of such amounts as paid by such employers in the preceding month; in case of no amounts paid in the preceding month, the handling agencies shall determine the amounts payable on the basis of relevant situations such as the status of operation and number of employees of such employers. After employers undertake the declaration procedures retroactively and pay the amount of work-relate injury insurance premiums as verified and determined, the handling agencies shall settle the same in accordance with provisions.
Article 10 Work-related injury insurance premiums shall be collected by the handling agencies in accordance with relevant provisions of the State and the Province.
When collecting work-related injury insurance premiums, the handling agencies shall issue vouchers, which are uniformly prepared and printed by the provincial finance department.
Article 11 Work-related injury insurance funds shall be used for the expenditure of the following items:
1. medical expenses for work-related injury treatment and rehabilitation;
2. meal allowance for hospitalization;
3. travel and accommodation expenses for medical treatment in medical institutions outside the city divided into districts;
4. expenses for installing or equipping the injured with supporting instruments for the injured and disabled;
5. nursing expenses as determined by the work capability assessment committee for employees who lose the self-care ability;
6. lump-sum allowance for the injured or disabled and monthly allowance for injured and disabled employees between grade one to grade four;
7. lump-sum medical allowance in the case of termination or release of employment contracts;
8. funeral allowance, pension and lump-sum allowance for family dependents of the deceased dying due to work;
9. expenses for prevention of work-related injury;
10. investigation fees for the determination of work-related injury;
11. work capability assessment fee; and
12. other items required by laws, rules and regulations to be expensed out of the work-related injury insurance fund.
The expenditure of the investigation fees for the determination of work-related injury shall be subject to the plan submitted by the provincial administrative department of social insurance in concert with the provincial finance department, and shall be implemented after being submitted to the people's government of the Province for approval.
The withdrawal proportion, use and management of expenses for prevention of work-related injury shall be subject to the relevant provisions formulated by the state and provincial administrative departments of social insurance in concert with the provincial finance, sanitation, work safety supervision and management departments.
Article 12 The provincial handling agencies shall, before the end of a year, reserve 10% of the total work-related injury insurance premiums collected in the whole year in the Province as the reserve for work-related injury insurance for the payment of work-related injury insurance for serious or extra serious accidents.
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