Social Security of Migrant Workers in Shanghai

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1. Why should foreign workers and employees of suburban employers be included in the social insurance for urban workers in this city?

A: Since 2009, the State has successively promulgated the Interim Measures for the Transfer and Continuation of the Basic Old-age Insurance for Employees in Urban Enterprises and the Interim Measures for the Transfer and Continuation of the Basic Medical Insurance for Migrant Workers, and revised the Regulations on Industrial Injury Insurance. These regulations clearly stipulate that migrant workers should also participate in social insurance for urban workers, and the relationship between basic old-age insurance and medical insurance can be transferred across provinces and cities according to regulations. In addition, the Social Insurance Law, which will take effect in July, 20 1 1, clearly stipulates that "rural residents who are employed in cities shall participate in social insurance in accordance with the provisions of this Law". In order to implement the social insurance law and ensure the fair rights of migrant workers and employees of suburban employers, it is necessary to include migrant workers and employees of suburban employers in the social insurance coverage of urban employees in this city.

2. Which migrants and employees of suburban employers should participate in the social insurance for urban workers in this city?

A: All foreign employees who have established labor relations with employers in this city should participate in social insurance for urban workers in this city, such as pension, medical care, work injury, maternity and unemployment. Among them, non-urban household registration personnel currently participate in three social insurances: pension, medical care and work injury.

Employers in the suburbs of this Municipality and their employees with household registration in this Municipality shall participate in social insurance such as pension, medical care, work injury, maternity and unemployment for urban employees in this Municipality.

3. How do foreign employees and employees of suburban employers pay insurance?

Answer: Foreign workers and employees of suburban employers participate in the social insurance for urban workers in this city. Units and individuals shall pay social insurance premiums in accordance with the payment base and proportion stipulated in the social insurance for urban workers in this Municipality.

4. Why should we set a transition period? Which migrant workers and employees of suburban employers can adopt transitional payment methods?

A: Considering that this policy adjustment involves a wide range, has a great social impact, and the actual burden of enterprises and individuals has increased substantially, in order to achieve a smooth transition, the city has set a transition period of five years and three years for employees from non-urban household registration and employees from suburban employers to participate in social insurance for urban employees respectively. Non-urban household registration among migrant workers, and employees of suburban employers who have participated in social insurance in small towns and are still paying in June 20 1 1, can take transitional measures and pay 20 1 1 after being converted into social insurance for urban employees in July.

The above-mentioned non-local employees and employees of suburban employers can also pay directly according to the current social insurance regulations for urban employees in this Municipality after consultation with the employers.

5. How to determine the payment base for non-urban household registration foreign employees who pay according to the transitional method?

A: For non-urban migrant workers who pay by the transitional method, the payment base will be transitioned for five years. The specific measures are as follows: 20 1 1 year (from the date of publication to March of the following year), the individual contribution base is 40% of the average monthly salary of employees in the city in the previous year; 20 12 years (from April of that year to March of the following year, the same below), and the individual contribution base is 45%; 20 13 individual contribution base is 50%; 20 14 individual contribution base is 55%; Starting from 20 15, the individual payment base is determined according to the average monthly salary of the previous year. The part of my average monthly salary last year that is higher than 300% of the average monthly salary of employees in the city is not included in the payment base, and the part that is lower than 60% of the average monthly salary of employees in the city last year is determined according to 60% of the average monthly salary of employees in the city last year. For example, 20 10, the average monthly salary of employees in the city is 3896 yuan. According to the transitional regulations, the individual contribution base of 201kloc-0/non-urban registered employees is 40% of the average monthly salary of employees in the whole city in the previous year, that is, 1558 yuan.

6. How to determine the proportion of non-urban household registration foreign employees who pay according to the transitional measures?

A: The proportion of non-urban migrant workers who pay according to the transitional method is: the proportion of units and individuals is 37.5% of the payment base. Among them, the unit contribution rate is 28.5%, which is 22% for pension, 6% for medical treatment and 0.5% for work injury; The proportion of individual contributions is 9%, pension is 8%, and medical care 1%.

7. How can foreign workers enjoy the old-age insurance benefits after participating in the social insurance for urban workers in this city?

Answer: After foreign workers participate in the social insurance for urban workers in this city, 8% of the endowment insurance premiums paid by individuals are included in personal accounts.

The transfer of basic old-age insurance for foreign employees shall be implemented in accordance with the relevant provisions of the state and this Municipality. Foreign workers who flow to other provinces and cities for employment after being insured in this city shall be transferred according to the sum of 12% of their actual payment wages in each year when transferring the overall fund (unit payment); When transferring the deposit amount in personal account, the accumulated principal and interest will be transferred according to the personal payment before 1998 1, and from 1998 1 to 2005 12 3 1.

If foreign workers reach the legal retirement age and the place where they receive retirement benefits is determined in this city, the pension benefits shall be calculated and paid in accordance with the provisions of the Notice of the Shanghai Municipal People's Government on Several Issues Concerning the Measures for Calculating and Paying Basic Pensions for Employees of Urban Enterprises in this Municipality (No.Shanghai 1 1).

8. How do migrant workers enjoy medical insurance benefits after participating in social insurance for urban workers in this city?

Answer: Non-urban household registration foreign employees can enjoy outpatient and inpatient medical insurance benefits from the second month of participating in the basic medical insurance for urban workers in this city. In terms of outpatient medical insurance benefits, all the basic medical insurance premiums paid by individuals are included in my personal medical account (for outpatient use only). From 20 1 1 to 20 14 (during the transition period), if the monthly basic medical insurance premium paid by individuals is lower than that of 30 yuan, the individual medical account will be included in the standard according to the monthly 30 yuan. Personal medical account (special for outpatient service) can be used to buy medicines at designated pharmacies and designated medical institutions in this city for outpatient and emergency medical treatment until it is used up; In terms of medical treatment of hospitalization and emergency observation room, the medical expenses incurred by non-local residents in hospitalization or emergency observation room shall be paid in accordance with the relevant provisions of the Measures of Shanghai Municipality on Basic Medical Insurance for Urban Workers; Non-urban household registration foreign employees do not enjoy outpatient serious illness and family bed medical treatment for the time being.

The payment scope, payment standard and transfer of non-urban household registration foreign employees participating in the basic medical insurance for urban employees shall be implemented in accordance with the relevant provisions of the basic medical insurance for urban employees.

Non-urban migrant workers who receive pensions in this city after participating in this city's basic social insurance can be converted according to the payment period of this city's urban basic medical insurance measures (the payment ratio is less than 65438+ 0.4% of the payment period), and the converted accumulated payment period can reach the minimum payment period for retirees who can enjoy retirement medical insurance benefits as stipulated in this city's basic medical insurance, and can enjoy medical insurance benefits for urban workers in this city. Measures for the conversion of payment period shall be formulated separately by the Municipal Human Resources and Social Security Bureau.

After foreign employees with urban household registration participate in social insurance for urban workers, the enjoyment of medical insurance benefits shall be implemented in accordance with the provisions of social insurance for urban workers in this Municipality.

9. How can foreign workers enjoy work-related injury treatment after participating in social insurance for urban workers in this city?

Answer: If an accident or occupational disease occurs in the work of foreign employees after insurance, their work-related injury identification, labor ability appraisal, work-related injury insurance treatment project standards, application and payment and related legal responsibilities shall be implemented in accordance with the relevant provisions of this Municipality on work-related injury insurance. Among them, non-urban migrant workers with work-related injuries and disabilities of Grade I to Grade IV can enjoy the treatment of work-related injury insurance according to the treatment item standards and payment methods stipulated in the Measures for the Implementation of Work-related Injury Insurance in Shanghai, or they can choose to enjoy it in a lump sum according to the provisions of the Notice on Relevant Issues Concerning Migrant Workers' Participation in Work-related Injury Insurance. After the treatment of work-related injury insurance is received in one lump sum, the relationship of work-related injury insurance is terminated.

10. after the adjustment of the industrial injury insurance policy for foreign employees, what changes have been made in the project standards and payment methods of industrial injury insurance benefits?

A: The municipal government has made great efforts to adjust the industrial injury insurance policy for foreign employees, which is mainly reflected in the following aspects:

1. It is clear that foreign employees employed by employers in this Municipality shall participate in work-related injury insurance in accordance with the Implementation Measures of Shanghai Municipality (hereinafter referred to as the Implementation Measures) and enjoy work-related injury insurance benefits in accordance with the provisions of the Implementation Measures;

2. Non-urban migrant workers who are disabled due to work-related injuries 1-4 can choose to enjoy it monthly and once, but they must sign an agreement with the industrial injury insurance agency;

3, clear by the employer to the insured area of county-level industrial injury insurance agencies to apply for treatment procedures. Among them, according to the Interim Measures of Shanghai Municipality on Comprehensive Insurance for Foreign Employees (hereinafter referred to as "comprehensive insurance"), foreign employees who participated in work-related injury insurance were recognized as work-related injuries before June 30, 201/year, and the standards and payment methods of work-related injury insurance benefits were implemented according to the provisions of comprehensive insurance, and they applied for treatment at relevant insurance companies; After July of 20 1 1 year, the project standard and payment method of work-related injury insurance benefits shall be implemented in accordance with the implementation measures, and the treatment application procedures shall be handled at the work-related injury insurance agency in the place where the unit is insured.

1 1. How to determine the payment base for employees of suburban employers to pay according to the transitional method?

Answer: For employees of suburban employers who pay according to the transitional method, the specific method for determining the payment base is: the individual payment base is determined according to 60% of the average monthly salary of employees in the whole city in the previous year. For example, 20 10, the average monthly salary of employees in the city is 3896 yuan. According to the transitional regulations, from July, 20 1 1 year to March, 20 12, the individual contribution base of employees in suburban employers who pay by transitional method is 60% of the average monthly salary of employees in the whole city in the previous year, that is, 2338 yuan.

12. how to determine the proportion of employees in suburban employers who pay according to the transitional method?

A: For the employees of suburban employers who pay according to the transitional method, the payment ratio is determined according to the following methods:

Endowment insurance: from July of 20 1 1 year to March of 20 12, the unit contribution ratio is 17%, and the individual contribution ratio is 5%; From April 20 12 to March 20 13, the proportion of unit contributions was 19%, and the proportion of individual contributions was 8%; From April 20 13 to March 20 14, the proportion of unit contributions was 22%, and the proportion of individual contributions was 8%.

Medical insurance: from July of 20 1 1 year to March of 20 12, the unit contribution rate is 7%, and the individual contribution rate is1%; From April 20 12 to March 20 13, the unit contribution rate was 9% and the individual contribution rate was 2%; From April of 20 13 to March of 20 14, the unit contribution rate was 12%, and the individual contribution rate was 2%.

The payment ratio of work-related injury insurance, maternity insurance and unemployment insurance shall be implemented in accordance with the relevant provisions of social insurance for urban workers in this Municipality.

13. how do employees of suburban employers enjoy social insurance benefits after participating in social insurance for urban employees in this city?

Answer: After employees of suburban employers participate in the social insurance for urban employees in this city, the social insurance benefits they enjoy shall be implemented in accordance with the relevant provisions of the social insurance for urban employees in this city.

Individuals who have participated in social insurance for urban workers, social insurance for small towns and rural social endowment insurance shall transfer their social insurance relationship and social insurance fund in accordance with the relevant provisions of social insurance for urban workers in this Municipality.

Individuals who participate in the basic old-age insurance and basic medical insurance for urban workers can receive a monthly pension and enjoy basic medical insurance benefits when they reach the statutory retirement age and have paid a total of 15 years. If the accumulated payment is less than 15 years, the payment can be continued. The specific measures shall be formulated separately by the Municipal Human Resources and Social Security Bureau.

Individuals who have participated in social insurance for urban workers and social insurance for small towns are unemployed, and the time limit for receiving unemployment insurance benefits is approved by sections in accordance with the Measures of Shanghai Municipality on Unemployment Insurance and the Interim Measures of Shanghai Municipality on Social Insurance for Small Towns, and consolidated according to regulations. After consolidated calculation, the maximum period for the unemployed to receive unemployment insurance benefits continuously shall not exceed 24 months.

14, The Social Insurance Law stipulates that foreigners participate in social insurance according to the Social Insurance Law. How will this city be adjusted?

A: At present, the state is studying the specific measures for foreigners to participate in insurance, and the city will further study and improve the relevant measures according to state regulations. Before the promulgation of the specific measures of the state, this Municipality still implements the provisions of the Notice on Several Issues Concerning the Participation of Foreigners Working in Shanghai, Persons with Permanent (Long-term) Residence Status in Foreign Countries and Residents of Taiwan Province Province, Hong Kong and Macao in Social Insurance for Urban Workers (No.38 [2009] of Shanghai People's Society). Any foreigner who has established a labor (employment) relationship with the employer who participates in the basic old-age insurance for cities and towns in this Municipality, and has obtained a foreign expert certificate, a Shanghai residence permit B, a foreigner employment certificate, a Taiwan, Hong Kong and Macao employment certificate, and a Shanghai foreign resident employment approval certificate, and has obtained the permanent (long-term) residency abroad, and comes to work in Shanghai, can be handled at the same time in accordance with relevant regulations. After the relevant national measures are promulgated, the city will make adjustments.