Job Recruitment Website - Social security inquiry - What are the types of insurance provided by China's social insurance law? What are the corresponding consumer subjects? What are the conditions of payment?
What are the types of insurance provided by China's social insurance law? What are the corresponding consumer subjects? What are the conditions of payment?
The types of insurance are pension, medical care, work injury, unemployment and maternity.
The corresponding consumer subjects and payment conditions are as follows:
1. Pension Insurance
Article 2: Individuals who have participated in the basic pension insurance for employees and have accumulated contributions for less than fifteen years by the time they reach the legal retirement age can extend their contributions until they reach the full fifteen years. Individuals who were insured before the implementation of the Social Insurance Law, and whose contributions are still less than fifteen years after the extension of five years, may make a lump-sum contribution up to the full fifteen years.
Article 3 Individuals who have participated in the basic pension insurance for employees and have made contributions for less than fifteen years (including the extension of contributions in accordance with the provisions of Article 2) after they have reached the statutory retirement age may apply for transferring to the new type of rural social pension insurance or urban residents' social pension insurance of the place where they are domiciled, and enjoying the corresponding pension insurance benefits.
If an individual who has participated in the basic pension insurance for employees reaches the statutory retirement age and has made contributions for less than fifteen years (including the extension of contributions in accordance with the provisions of Article 2) and has not been transferred to the new type of rural social pension insurance or the social pension insurance for urban residents, the individual may apply in writing for termination of the basic pension insurance relationship of the employee.
After receiving the application, the social insurance agency shall inform the individual in writing of his or her right to transfer to the new rural social pension insurance or urban residents' social pension insurance and of the consequences of terminating the basic pension insurance relationship, and, upon the individual's written confirmation, shall terminate his or her basic pension insurance relationship, and shall pay to him or her in a lump sum the amount of money stored in his or her individual account.
Article 4 Individuals participating in the employees' basic pension insurance who are employed in cross-provincial mobility, and who have accumulated less than fifteen years of contributions when they reach the legal retirement age, shall be determined in accordance with the provisions of the Notice of the General Office of the State Council on the Interim Measures for Transferring and Continuing the Relationships of Basic Pension Insurance for Urban Enterprise Employees Transmitted by the Ministry of Human Resources and Social Security and the Ministry of Finance (State Council Resolution [2009] No. 66) on the place of entitlement to continue to receive benefits. After determining the place of payment of contributions, it shall be handled in accordance with Article 2 of the present provisions.
2. Medical Insurance
Article 7 The number of years of contribution for retirees enjoying basic medical insurance benefits as stipulated in Article 27 of the Social Insurance Law shall be implemented in accordance with the provisions of each place.
Individuals participating in the basic medical insurance for employees shall have their years of contribution to basic medical insurance accumulated when the basic medical insurance relationship is transferred and continued.
Article 8 The medical expenses incurred by the insured in the agreed medical institutions, which are in line with the standards of the basic medical insurance drug catalog, diagnostic and therapeutic items, and medical service facilities, shall be paid out of the basic medical insurance fund in accordance with the state regulations.
Participants in need of emergency treatment, rescue, can be in a non-agreement medical institutions; rescue must be used for the drugs can be appropriately relaxed. The specific management measures for the emergency and rescue medical services of the insured persons shall be formulated by the co-ordination area according to the local actual situation.
3. Work-Related Injury Insurance
Article 9 If an employee (including part-time employees) is employed at the same time in two or more employers, each employer shall pay work-related injury insurance premiums for the employee separately. In the event of a work-related injury to an employee, the unit in which the employee was working at the time of the injury shall bear the responsibility for work-related injury insurance in accordance with the law.
Article 10: The standard for intoxication in Article 37(2) of the Social Insurance Law shall be implemented in accordance with the Threshold and Test for Blood and Breath Alcohol Content of Vehicle Drivers (GB19522-2004). The test conclusions, diagnostic certificates and other materials issued in accordance with the law by the traffic management department of the public security organs, medical institutions and other relevant units can be used as the basis for determining intoxication.
Article 11 The work-related death benefit in Article 38(8) of the Social Insurance Law refers to the one-time work-related death benefit in Article 39 of the Regulations on Work-Related Injuries Insurance, and the standard shall be 20 times the per capita disposable income of urban residents nationwide in the previous year when the work-related injury occurred.
The per capita disposable income of urban residents nationwide in the previous year is based on the data published by the National Bureau of Statistics.
Article 12: The wages and benefits during the treatment of work injuries under Article 39(1) of the Social Insurance Law shall be implemented in accordance with the provisions of Article 33 of the Regulations on Work Injury Insurance concerning the wages, benefits and nursing care and other treatments to which the employee shall be entitled during the period of suspension of work with pay.
4. Unemployment Insurance
Article 13 Unemployed persons who fulfill the conditions stipulated in Article 45 of the Social Insurance Law may apply for unemployment insurance benefits and enjoy other unemployment insurance benefits. Among them, interruption of employment not due to one's own will includes the following cases:
(1) termination of the labor contract in accordance with the provisions of Article 44 (1), (4) and (5) of the Labor Contract Law;
(2) termination of the labor contract by the employing unit in accordance with the provisions of Articles 39, 40 and 41 of the Labor Contract Law;
(3) termination of the labor contract by the employing unit in accordance with the provisions of Article 36 of the Labor Contract Law; and Contract Law, Article 36, and the employer proposes to the worker to terminate the labor contract and terminates the labor contract by consensus with the worker;
(4) the termination of the employment contract is proposed by the employer, or the worker is dismissed, removed from the workforce, or expelled from the workforce by the employer;
(5) the worker himself or herself terminates the labor contract in accordance with Article 38 of the Labor Contract Law;
(6) other cases stipulated by laws, regulations, and rules and regulations, laws, regulations and rules provide for other circumstances.
Article 14 If an unemployed person is re-employed after receiving unemployment insurance benefits, the time for payment of contributions shall be recalculated when he or she becomes unemployed again. If an unemployed person does not meet the conditions for receiving unemployment insurance benefits for the current period, the original contribution time shall be retained, and if he is re-employed and insured, the contribution time shall be cumulative.
Article 15 Unemployed persons shall actively seek employment and receive job placement and vocational training during the period in which they receive unemployment insurance benefits. Subsidies for the unemployed to receive job placement and vocational training shall be paid by the Unemployment Insurance Fund in accordance with the regulations.
Expanded Information
Chapter 6 of the Social Insurance Law Concerning Legal Liability
Article 19 If an employer refuses to issue a certificate of termination or dissolution of labor relationship to an employee upon termination or dissolution of a labor contract, thus making it impossible for the employee to enjoy the benefits of social insurance, the employer shall be held liable for compensation in accordance with the law.
Article 20 The social insurance premiums payable by employees shall be withheld and paid by the employer. If the employer fails to withhold and pay the contributions in accordance with the law, the social insurance premium collection agency shall order the employer to pay the contributions on behalf of the employer within a certain period of time, and shall charge the employer a late fee of five ten-thousandths of one percent of the total amount of the contributions on a daily basis from the date of non-payment. The employer shall not require the employee to bear the late payment fee.
Article 21 If an employer has serious difficulties in production and operation due to force majeure, the employer may suspend the payment of social insurance premiums for a certain period of time, generally not exceeding one year, after approval by the social insurance administrative department of the provincial people's government. During the period of suspension of payment, late payment fee is exempted. Upon expiration, the employer shall pay the corresponding social insurance premiums.
Article 22 If an employer provides a guarantee and signs a deferment agreement with a social insurance premium collection agency in accordance with the provisions of Article 63 of the Social Insurance Law, the late payment fee during the deferment period shall be waived.
Article 23 During the period when an employer suspends the payment of social insurance premiums in accordance with Articles 21 and 22 of the Regulations, it shall not affect the enjoyment of social insurance benefits by its employees in accordance with the law.
Article 24 If an employer fails to inform an employee of the details of the payment of social insurance premiums on a monthly basis, the administrative department of social insurance shall order the employer to make corrections; if the employer fails to make corrections, the employer shall deal with the matter in accordance with the provisions of Article 30 of the Regulations on Supervision of Labor Security.
Reference to Baidu Encyclopedia-Social Insurance Law
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