The table of contents of the five insurance and social security law policy hot questions and answers

Chapter I: Work Injury Insurance

Section I: Recognition of Work Injury

1. Who can enjoy the treatment of work injury insurance?

2. If an enterprise does not participate in work-related injury insurance, can an employee apply for work-related injury recognition, and can he/she enjoy the relevant treatment according to the state regulations?

3. Is the clause "no responsibility for work-related injuries" in the labor contract legally valid?

4. What are the circumstances under which an injury to an employee can be recognized as a work-related injury?

5. What are the circumstances that cannot be recognized as work-related injuries?

6. Can interns who are injured at work be treated as work-related injuries? If not, what should be done?

7. Is the accidental injury suffered by the applicant during the recruitment and assessment period a workplace accident?

8. Is a nanny injured while working at her employer's house considered a work-related injury?

9. Can a long-term replacement worker who is injured in a work-related accident during his/her working hours be entitled to work-related injuries?

10. Can a minor worker who is injured at work during working hours be regarded as injured at work?

11. If an employee is hit by a motorcycle while riding his bicycle on his way to and from work, can it be recognized as a work-related injury?

12. Can an employee who is injured in a motor vehicle accident while commuting to and from work due to a violation of the law be recognized as having a work-related injury?

13. Is a cab driver injured and disabled in the course of his business a work-related injury?

14. Can a driver who is injured or killed in a traffic accident at work be recognized as a work-related injury?

15. Is it recognized as a work-related injury if an employee is disabled due to a natural disaster during a family visit?

16. Should an accident on the way out of work be recognized as a work injury?

17. Employees traveling on business during a private tour of accidental injuries, is it work-related injuries?

18. Can an accidental injury occurring in the course of receiving clients, associating with partners or accepting partners' reception arrangements be recognized as a work-related injury?

19. Can an injury sustained while working overtime on a holiday be recognized as a work-related injury?

20. Is an injury sustained in the course of performing one's duties at work considered a work-related injury?

21. Is it a workplace injury to be injured in a fight at work?

22. Is it a workplace injury if an employee commits suicide at work?

23. Employees in the production work due to improper operation of the injury should be recognized as a work injury?

24. Employees in the work time and work area of the sudden death of disease can be regarded as work-related injuries?

25. Employees injured in disaster relief, can be regarded as work-related injuries?

26. Can the death of an employee who was robbed and killed on the night shift be regarded as a work-related injury?

27. Employees injured at work, in the rescue process due to blood transfusion infected with hepatitis, should be recognized as a work injury or recognized as a medical accident?

Section II: Procedures for applying for the recognition of work-related injuries

28. Who should submit the application for the recognition of work-related injuries? Is there any time limit?

29. What materials should be submitted when applying for work injury recognition?

30. Who bears the burden of proof when applying for a work-related injury?

31. How long should the social insurance administrative department respond to an application for recognition of work-related injuries? After accepting the application, how long shall it take to issue a conclusion?

32. What should an employee or employer do if he/she is not satisfied with the conclusion of the social insurance administrative department on work-related injuries?

Section III: Identification of labor capacity

33. Why does the employee need to be identified for labor capacity?

34. Who should submit an application for labor capacity appraisal? To whom?

35. What documents should be submitted for labor capacity assessment?

36. How long does it take for the receiving organization to respond to an application for labor capacity assessment?

37. How many grades are there in labor capacity evaluation?

38. What is the basis for labor capacity assessment? What are the changes in the new standard compared with the old one?

39. Under what circumstances can the employee's work injury and occupational disease disability can be assessed as a first-degree disability?

40. Under what circumstances can an employee's work-related injuries and occupational diseases be assessed as second-degree disability?

41. Under what circumstances can an employee's work-related injury and occupational disease be assessed as third-degree disability?

42. Under what circumstances can a worker's work-related injury and occupational disease be assessed as fourth-degree disability?

43. Under what circumstances can a worker's work-related injury and occupational disease be assessed as fifth-degree disability?

44. Under what circumstances can a worker's work-related injury and occupational disease be assessed as Grade 6 disability?

45. Under what circumstances can an employee's work-related injury and occupational disease be assessed as a seventh-degree disability?

46. Under what circumstances can a worker's work injury and occupational disease be assessed as Grade 8 disability?

47. Under what circumstances can an employee's work-related injuries and occupational diseases be assessed as a ninth-degree disability?

48. Under what circumstances can a worker's work injury and occupational disease disability be assessed as 10th grade disability?

49. Can an employee apply for a review of his/her labor capacity if his/her old injury recurs?

Section IV: Treatment of Work Injury Insurance

50. What is included in the treatment of injured workers and who is responsible for it?

51. Under what circumstances will the payment of work injury insurance benefits be stopped?

52. Once the work injury insurance treatment is determined can be changed?

53．Is an employee who is sent out of the country and is injured at work entitled to work injury insurance benefits?

54．What should an injured worker do if he thinks that the treatment paid by the Work Injury Insurance Fund is lower than the legal standard?

55. What should an injured worker do if he/she is not satisfied with the conclusion of the disability grade? Can you file an administrative lawsuit?

56．What should an injured worker do if the employer fails to pay for the injury?

Section V. Occupational diseases

57. What are occupational diseases?

58. What are the harmful factors of occupational diseases?

59. Employers engaged in occupational disease hazards of the type of work, how to deal with the prevention and control of occupational diseases of employees?

60．How should employees strive for labor protection for jobs that may expose them to occupational disease hazards?

Chapter II Unemployment Insurance

61. What is an unemployed person?

62. What is unemployment insurance?

63. What are the components of the Unemployment Insurance Fund?

64．How much should I pay for unemployment insurance?

65．What items can be paid from the Unemployment Insurance Fund?

66. What is the difference between unemployment and layoff?

67. What is the difference between unemployment insurance and economic compensation?

68. Can the unemployed enjoy the minimum subsistence guarantee for urban residents during the period of receiving unemployment insurance benefits?

69. What kind of unemployed people can enjoy unemployment insurance?

70．What are the conditions that the unemployed need to fulfill in order to apply for unemployment insurance benefits?

71. How is the unemployment insurance relationship handled when an employee moves between an organization and an enterprise?

72. Can the unemployed who have been dismissed for violating the law be entitled to unemployment insurance benefits?

73. How long can the unemployed receive unemployment insurance benefits?

74. Under what circumstances should an unemployed person stop receiving unemployment insurance benefits?

75．Is an unemployed person who has been sentenced to imprisonment or re-education through labor still entitled to unemployment insurance benefits?

76. What is the procedure for claiming unemployment insurance benefits?

77. What kind of employment services can the unemployed enjoy during the period of receiving unemployment insurance benefits?

78．What kind of unemployed people can enjoy preferential re-employment policies?

79. Are there preferential policies for unemployed insurance recipients to start their own businesses?

80．Is there any special preferential policy for the re-employment of older hard-to-employ people?

81. Is there any preferential policy for enterprises to absorb unemployed people for re-employment?

82. How to apply for and receive the Re-employment Preferential Certificate?

83. If an unemployed person is re-employed and then becomes unemployed again, can the time of receiving unemployment insurance benefits be calculated together?

84. Can the unemployed receive unemployment insurance benefits after receiving economic compensation?

85. Can an employee enjoy unemployment insurance benefits after "buying out his/her working life"?

86. Can the unemployed receive medical benefits while receiving unemployment insurance benefits?

87. How to deal with the death of an unemployed person while receiving unemployment insurance benefits ............. .87

88. Can unemployment insurance relations be continued across regions?

89. What should be done about the envy of users of unemployment insurance funds for capital construction?

90. How to deal with the use of unemployment insurance funds to buy stocks or corporate bonds?

91．Can the Unemployment Insurance Fund be used for the purchase of fixed assets such as office equipment, office buildings, staff dormitories, and activity rooms for retired persons?

92. How is the budget of the Unemployment Insurance Fund prepared?

93. How is the budget of the Unemployment Insurance Fund approved?

94. How is the budget of the Unemployment Insurance Fund implemented?

95. How is the budget of the Unemployment Insurance Fund adjusted?

96. What is the "final account of the fund" of the Unemployment Insurance Fund?

97. What is the "financial account" of the Unemployment Insurance Fund? What is its main purpose?

98. What is the administrative supervision of the Unemployment Insurance Fund?

99. What are the contents of the administrative supervision of the Unemployment Insurance Fund?

100. What are the ways of administrative supervision of the Unemployment Insurance Fund? Should be based on what procedures?

101. What are the powers and duties of the administrative supervisors of the Unemployment Insurance Fund?

102. What is the audit supervision of the Unemployment Insurance Fund?

103. What are the contents of the audit supervision of the Unemployment Insurance Fund?

104. What are the audit powers of the labor administrative departments, unemployment insurance agencies and labor and employment service agencies?

105. What are the procedures for the social insurance administrative department and the unemployment insurance agency to carry out audit supervision of unemployment insurance?

106. What are the disciplinary or illegal acts of the Unemployment Insurance Fund? How should these acts be dealt with?

Chapter III Pension Insurance

107. What is pension insurance?

108. How many types of pension insurance?

109．What are the components of old-age insurance in China?

110．What is the basic pension?

111．What is the basic pension insurance system combining social coordination and individual accounts?

112. What is the supplementary pension insurance?

113. What is an enterprise annuity?

114. What is personal savings pension insurance?

115．What is the Social Coordination of Retirement Expenses?

116. What is the coverage of basic pension insurance?

117．Can prison workers join the basic pension insurance?

118. How do rural credit union workers participate in basic pension insurance?

119. How do workers of bankrupt and restructured enterprises continue their pension insurance relations?

120．What is the base and proportion of basic pension insurance contributions?

121. How to register for basic pension insurance?

122. Under what circumstances do contributing organizations need to apply for registration of changes in basic pension insurance?

123．How does a contributing organization apply for registration of change in basic pension insurance?

124. Under what circumstances does a contributing unit need to cancel its basic pension insurance registration? How to do it?

125．How can a contributing unit declare its basic pension insurance contributions?

126. Can a contributing unit postpone the declaration of basic pension insurance contributions?

127．What happens if a contributing organization fails to register, change or cancel its social insurance registration or declare the amount of social insurance premiums payable in accordance with the regulations?

128. How is the basic pension insurance relationship handled when an employee moves between an institution and an enterprise?

129. How should the basic pension insurance relationship be transferred and continued when the insured person moves across provinces for employment?

130. How is the transfer of funds calculated for the transfer of the basic pension insurance relationship when the insured person moves across provinces for employment?

131．What is the procedure for transferring basic pension insurance relations of insured persons who are employed across provinces?

132. How is the place of entitlement determined when the insured person who is employed across provinces meets the conditions for entitlement?

133. What should be done if a migrant worker interrupts his employment or returns to his hometown without continuing to pay contributions? (l26)

134. What is the basic pension insurance personal account?

135. How does the central government subsidize the establishment of individual accounts?

136. How is the individual account for employees' basic pension insurance established?

137．What is the base for individual contributions to basic pension insurance?

138．How are individual accounts managed when basic pension insurance premiums are in arrears?

139. How is the basic pension insurance personal account settled?

140. How is interest calculated on the balance in the individual account of an insured person after he retires and receives a monthly pension?

141．What happens to the basic pension insurance relationship and personal account of an employee who moves between enterprises?

142. How to inherit the stored amount in the individual account?

143．How do college graduates who work at the grassroots level apply for basic pension insurance?

144. How is the date of birth of an employee approved for retirement?

145．What is the difference between the pension insurance treatment for employees before and after the implementation of the Decision of the State Council on the Establishment of a Unified Basic Pension Insurance System for Enterprise Employees and the Decision of the State Council on the Improvement of the Basic Pension Insurance System for Enterprise Employees?

146. Can an enterprise settle the pension in one lump sum?

147. What is the scope of the new rural social pension insurance?

148. What are the sources of funds for the new rural social pension insurance?

149．What kind of insurance benefits are available to those who take part in the basic old-age insurance?

150．What are the conditions for receiving pension benefits under the new rural social pension insurance?

151．Can those who have already participated in the rural social pension insurance (old rural insurance) enjoy the new rural social pension insurance?

Chapter 4: Medical and Maternity Insurance

Section 1: Medical Insurance

152. What is the scope of coverage of basic medical insurance for employees?

153. Who should pay the premiums for basic employee medical insurance?

154. How is the basic medical insurance relationship of seconded employees handled?

155．Do I need to pay basic medical insurance premiums after retirement?

156．How do flexibly employed urban workers (laid-off workers, individual entrepreneurs and freelancers) participate in basic medical insurance?

157．What are the basic medical insurance programs for employees?

158. Is the amount of money in the individual account of employees' basic medical insurance inheritable?

159．How can Hong Kong, Macao and Taiwan residents participate in basic medical insurance when they are employed in the mainland?

160. Can overseas Chinese nationals who have been authorized to leave the country for settlement enjoy medical insurance?

161．How is the basic medical insurance relationship handled when an employee moves between institutions and enterprises? (l47)

162. What are the conditions for becoming a designated medical institution? How do I apply to become a designated medical institution?

163. What expenses can be reimbursed by the basic medical insurance fund?

164．How to choose a designated medical institution for employees' basic medical insurance?

165．How are medical expenses incurred by employees' basic medical insurance participants in non-designated medical institutions reimbursed?

166. What kinds of medicines can be included in the scope of the basic medical insurance for employees?

167．What are the criteria for reimbursement of the use of medicines under medical insurance?

168．What is the scope of medical service facilities of basic medical insurance?

169．Is there a medical treatment period for illness or injury not caused by work? How is the period of medical treatment calculated?

170．What should an employee do if he or she is disabled and recognized by a doctor or medical institution as suffering from a disease that is difficult to treat?

171．Who can participate in the basic medical insurance for urban residents?

172. What are the methods and standards of financing, payment and subsidies for basic medical insurance for urban residents?

173．Who is entitled to military retirement medical insurance?

174. What happens to the retirement health insurance premiums after a soldier retires from military service? (l57)

175. Who is entitled to medical benefits for national civil servants?

176．Can the staff and retirees of public institutions who used to be entitled to public medical treatment be entitled to the medical subsidy for civil servants?

177．Can university students participate in the basic medical insurance for urban residents?

178．What kind of treatment can college students enjoy if they participate in the basic medical insurance for urban residents?

179．How are the funds raised for students to participate in the basic medical insurance for urban residents?

180．How is rural cooperative medical care financed?

181．What are the modes of coordination of the new rural cooperative medical care?

182．What medical expenses can be paid by the new rural cooperative medical fund?

183．Farmers who participated in the rural cooperative medical care in the same year but did not enjoy the compensation, what treatment can they enjoy?

184．What are the standards of subsidies for hospitalized deliveries for pregnant women participating in rural cooperative medical care?

185．What are the provisions of the new rural cooperative medical care system regarding the standard of hospitalization compensation?

186. Under what circumstances can the rural cooperative medical fund be subsidized twice?

187. How are the medical expenses for the treatment of illnesses of farmers participating in rural cooperative medical care settled?

Section 2: Maternity insurance

188. Who pays the maternity insurance premiums?

189. What are the main components of maternity insurance?

190．Can women workers who give birth out of wedlock enjoy maternity insurance?

191．Are female workers entitled to maternity insurance if they have a miscarriage?

192．What are the benefits of maternity insurance?

193. What should be done if an enterprise fails to pay maternity insurance fees?

194. What are the legal consequences of non-payment or refusal to pay maternity insurance premiums?

195．Can the unit terminate the labor contract during the maternity leave of female workers?

196. How long is maternity leave for female workers?

Chapter 5: Housing Provident Fund

Section 1: Payment of Housing Provident Fund

197. Is it mandatory to pay the Housing Provident Fund?

198. Do individuals need to contribute to the housing fund?

199. Do migrant workers, self-employed urban businessmen and freelancers need to contribute to the housing fund?

200. How do employers register for housing fund contributions?

201. Under what circumstances does an organization need to make supplementary contributions to the housing fund? How should the amount of retroactive contribution be determined?

202. Do foreign employees in an enterprise need to contribute to the housing fund?

203．What happens to the housing fund of an expatriate while he/she is working abroad?

204. Do part-time employees need to contribute to the housing fund?

205．Can the contribution to housing fund be interrupted?

206．Can workers who work in more than one organization have more than one housing fund account?

207. How is a worker's own salary determined?

208．How is the contribution base of a housing fund determined?

209．Is there a minimum and maximum limit on the monthly contribution base for housing fund?

210．How is the monthly contribution amount determined for employees and units?

211．How are the contribution ratios of employees and units determined? Are there any minimum and maximum limits?

212. Can an organization underpay, suspend or reduce the percentage of contribution to the housing fund? What are the procedures for applying for a reduction or deferral of contributions?

213. For what purposes should the housing fund be used?

214. Who owns the housing fund?

215．What are the circumstances under which an employee can withdraw his/her housing fund? How can it be withdrawn?

216．What kind of situation is considered a major repair of housing?

217．What are the rules for withdrawing housing fund for the purchase of a house by a couple?

218．How does an employee use the housing fund for the purchase, construction, renovation and overhaul of his/her own home?

219．After the death of an employee, can his/her housing fund be inherited by his/her heirs

220．What are the requirements for applying for a housing fund loan? How to apply?

221．What is the difference between individual housing fund loans and commercial housing loans?

222．Is it possible to convert a previous mortgage loan from a commercial bank into a housing fund loan?

223. Is the money from a housing fund loan given directly to the employee?

224．How are the down payment amount and loan amount of housing fund loans determined?

225．Does an employee need to provide a guarantee to apply for a housing fund loan?

226．How is the interest rate of housing fund loans calculated?

227．How is the loan period of housing fund determined?

228．How do I repay my Housing Fund loan? What are the ways to repay the loan?

229．What is free repayment?

230．Can a borrower repay a CPF loan in advance?

231．Is there any interest on housing fund deposited in the bank?

232．Does housing fund need to pay personal income tax?

233．Can the housing fund be divided as a couple's ****same property when the couple divorces?

234．Which department can accept housing fund dispute cases?

235. Is there a statute of limitations for housing fund cases?

Chapter 6: Handling of Social Insurance Disputes

236. What should workers do if their organizations fail to pay social insurance premiums?

237．What will happen if an organization violates the laws and regulations on social insurance?

238．How to solve disputes between employers, insured persons and social insurance organizations?

239. What should be done if you are not satisfied with the specific administrative act of the social insurance agency or the normative documents on which the specific administrative act is based?

240．What is the procedure for applying for a review to the social insurance administrative organization?

241．How is the statute of limitations for applying for administrative reconsideration of social insurance administrative disputes?

242．What are the circumstances under which the administrative reconsideration of an application for administrative reconsideration of a social insurance administrative dispute is suspended?

243. How should an application for administrative reconsideration filed with the administrative department of labor security due to an administrative dispute over social insurance be handled?

244．What should be done if one is not satisfied with the decision of the administrative department of labor security not to accept the administrative reconsideration?

Appendix

List of social insurance contribution ratios of 31 cities in China