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Conditions for the Transfer of Comprehensive Insurance for Migrant Workers to Social Security in Shanghai
Article 1 (Purpose) In order to protect the legitimate rights and interests of foreign employees, standardize the employment behavior of units and maintain the order of the labor market in this Municipality, these Measures are formulated according to the actual situation of this Municipality.
Article 2 (Meaning) The comprehensive insurance for foreign employees mentioned in these Measures (hereinafter referred to as comprehensive insurance) includes industrial injury (or accidental injury), hospitalization and old-age allowance.
The term "foreign employees" as mentioned in these Measures refers to people from other provinces, autonomous regions and municipalities directly under the Central Government who meet the employment conditions of this Municipality and work or do business in this Municipality but do not have permanent residence in this Municipality.
Article 3 (Scope of Application) These Measures are applicable to state organs, social organizations, enterprises (including foreign construction enterprises), institutions, private non-enterprise units and individual economic organizations (hereinafter referred to as employers) and their employed foreign employees and non-unit foreign employees within the administrative area of this Municipality.
These Measures are not applicable to the following foreign employees:
Personnel engaged in domestic service.
(2) Personnel engaged in agricultural labor.
(3) Persons introduced in accordance with the Interim Provisions of Shanghai Municipality on the Implementation of the Residence Permit System for Imported Talents.
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Article 4 (Administrative Department) The Municipal Labor and Social Security Bureau is the administrative department in charge of comprehensive insurance in this Municipality and is responsible for the unified management of comprehensive insurance. The administrative department of labor and social security is responsible for the specific management of comprehensive insurance.
City public security, construction, finance, industry and commerce, health and other departments in accordance with their respective responsibilities, coordinate in the management of comprehensive insurance.
Article 5 (Payer) Employers and migrant employees without units shall pay comprehensive insurance premiums in accordance with the provisions of these Measures.
Article 6 (Registration Procedures) The employing unit shall, within 30 days from the date of implementation of these Measures, go through the comprehensive insurance registration procedures at the employment management institution of floating population. Employers who use foreign employees for the first time or enter the construction of this city for the first time shall go through the formalities of comprehensive insurance registration within 30 days from the date of obtaining approval to use foreign employees.
Migrant workers without units shall, within 5 working days from the date of applying for the Employment Certificate for Migrant Workers in Shanghai, go through the formalities of comprehensive insurance registration at the employment management institution for migrant workers.
The specific registration items of comprehensive insurance shall be stipulated separately by the Municipal Labor and Social Security Bureau.
Extended data:
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The Municipal People's Government has decided to make the following amendments to the Interim Measures of Shanghai Municipality on Comprehensive Insurance for Foreign Employees:
First, the first paragraph of Article 3 is amended as:
These Measures shall apply to the state organs, social organizations, enterprises (including foreign construction enterprises), institutions, private non-enterprise units and individual economic organizations (hereinafter referred to as employers) that use foreign employees and non-unit foreign employees within the administrative area of this Municipality.
Two, the second paragraph of article fourth is amended as:
The Urban Construction Management Committee, together with the Municipal Labor and Social Security Bureau, is responsible for the organization and implementation of comprehensive insurance for foreign employees of construction enterprises in Shanghai. City public security, finance, industry and commerce, health and other departments in accordance with their respective responsibilities, coordinate in the management of comprehensive insurance.
Three, the first paragraph of article sixth, the second paragraph is amended as:
The employing unit shall, within 30 days from the date of implementation of these Measures, go through the formalities of comprehensive insurance registration at the employment management institution for foreign workers. Where an employer uses foreign workers or enters the city for construction, it shall go through the formalities of comprehensive insurance registration within 30 days from the date of using foreign workers.
Immigrants without units shall go through the formalities of comprehensive insurance registration at the employment management institution for migrants.
Reference source: Baidu Encyclopedia-Shanghai Interim Measures for Comprehensive Insurance for Foreign Employees
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