Job Recruitment Website - Social security inquiry - How is the insurance for crew members regulated?
How is the insurance for crew members regulated?
I. The shipping company shall pay social insurance for the crew according to the law, which is its legal obligation.
Ship company directly employing crew, the existence of a labor contract between the two sides of the legal relationship, in accordance with the law should sign a written labor contract. The labor contract law stipulates that social insurance is the necessary terms of the labor contract. The shipping company shall pay social insurance for the crew according to law (including pension insurance, work injury insurance, medical insurance, etc.), otherwise the crew can terminate the labor contract at any time, but also can require the company to pay the economic compensation for the termination of the contract, make up for the payment of social insurance and compensation for loss, then the shipping company will also face the administrative punishment of the labor administration department.
Second, the shipping company for the crew of the personal accident insurance, can not replace the crew according to the labor law should be entitled to the treatment of industrial injury insurance.
Ship company for the crew of personal accident insurance, is a company to provide employees with a welfare treatment, not its legal obligations. During the insurance period, if a crew member has an accident that results in injury or death of the crew member, the insurance company will pay the crew member or his beneficiary to pay a certain amount of money as compensation in accordance with the agreement of the insurance contract.
While the crew members or their beneficiaries get the insurance premiums paid by the commercial insurance company due to work-related injuries or deaths, they still have the right to enjoy the treatment of work-related injuries insurance: i.e., the crew members who are injured have the right to enjoy the medical expenses, lost wages, and disability benefits; and if the crew members die due to work-related injuries, their immediate family members have the right to get the funeral grants, the dependent relatives' pensions, and the one-time work-related death grants. If the shipping company does not apply for social insurance for the crew in accordance with the law, and the crew is injured at work during this period, the shipping company shall pay the expenses in accordance with the items and standards of work injury insurance treatment stipulated in the Regulations on Work Injury Insurance.
Three, the shipping company insured employer liability insurance can not replace the work injury insurance.
Employer liability insurance is not mandatory insurance, by the employer's free choice. In practice, some shipping companies through the employer's liability insurance will be in accordance with the relevant laws or labor contracts on the employees employed by the damage liability transferred to the insurance company. However, the employer's liability insurance and workmen's compensation insurance are different. Compensation for work-related injuries is strictly in accordance with the provisions of the Regulations on Work-related Injuries Insurance: disability compensation ranges from 24 to 6 months' wages according to the level of disability, and a monthly disability allowance is paid; family members of workers who die at work are given one-time compensation. The amount of compensation is directly related to the worker's monthly salary.
In contrast, the compensation limit of employer's liability insurance is determined by the employer itself or by the employer on the basis of negotiation with the employee, and is then paid to the victim in a lump sum. If a higher limit is purchased, the higher the compensation that can be received for the same level of disability and vice versa. It is not only the monthly salary but also the limit purchased by the employer that affects the compensation payable to the employee.
In summary, Chinese shipping companies directly employing crew members should comply with the mandatory requirements of Chinese law and apply for social insurance for crew members. As seafarers are a high-risk profession, from the perspective of better safeguarding the interests of seafarers, shipping companies may take out personal accident insurance for seafarers as a benefit to attract high-quality seafarers. In view of the "Workers' Compensation Insurance Ordinance" stipulates that some costs are to be made up by the unit itself, while the employer's liability insurance company can choose the coverage conditions of no deductible according to the willingness to insure, and the insurance company will bear all the financial liability after the accident, so the shipping company can also take out employer's liability insurance as a supplement.
Personal re-insurance of commercial insurance with the shipowner into the insurance does not conflict, can be repeated to buy.
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