Interim Provisions of Chengdu Municipality on the Administration of Labor Employment and Social Insurance

Insurance Bian Xiao helps you answer, and more questions can be answered online.

The Interim Measures for Social Comprehensive Insurance of Non-urban Household Registration Employees in Chengdu (hereinafter referred to as the "Comprehensive Insurance Measures") was formulated in accordance with the Interim Provisions on the Administration of Labor and Social Insurance in Chengdu (Decree No.93 of the municipal government) and was implemented in March 2003. Up to now, 335,000 people in Chengdu have participated in comprehensive insurance, and 95.09 million yuan has been paid for 34,576 people, and personal accounts have been established for the insured migrant workers. At present, there is still a certain balance after deducting personal accounts. Since the implementation of comprehensive insurance in our city, it has played an important role in safeguarding the legitimate rights and interests of migrant workers, standardizing the employment behavior of enterprises and maintaining the order of the labor market.

(A) the necessity of formulating the Supplementary Provisions on Comprehensive Social Insurance for Non-urban Household Registration Personnel in Chengdu

The promulgation of "Comprehensive Insurance Measures" has guaranteed the legitimate interests of migrant workers, and has been highly valued and fully affirmed by the Research Office of the State Council, the the State Council Migrant Workers Office, the Ministry of Labor and Social Security and Sichuan Province, and has been recognized by all employers and migrant workers in our city. With the gradual improvement of the social security system in our city and the deepening of the implementation of Decree No.93 of the municipal government, many new situations and problems have appeared in the operation of comprehensive insurance measures, mainly in the following aspects:

1, "Comprehensive Insurance Measures" stipulates that those who participate in comprehensive insurance and pay the comprehensive insurance premium in full and on time can enjoy three treatments: compensation for work-related injuries (accidental injuries), reimbursement for hospitalization medical expenses and old-age subsidies. From the actual situation, these three benefits are the basic benefits that migrant workers need most, but compared with the current basic insurance for urban workers, there are some differences in the scope and level of protection.

2. According to the Comprehensive Insurance Measures, the payment base of comprehensive insurance premium is divided into eight grades according to the income of migrant workers and the payment of endowment insurance for urban employees, which is 60%-200% of the average salary of employees in Chengdu last year. However, from the actual situation of insurance payment, most migrant workers only choose two or three files, and the insurance payment structure is not reasonable.

3. According to the comprehensive insurance method, the comprehensive insurance premium is uniformly levied at 20% of the payment base, regardless of the particularity of the construction industry. According to the current regulations of the Ministry of Construction, "construction enterprises should handle accidental injury insurance for personnel engaged in dangerous operations on the construction site". To this end, the construction enterprises started in our city participated in the accidental injury insurance of commercial insurance companies, and a large number of migrant workers engaged in construction work did not participate in comprehensive insurance. According to statistics, at present, there are only 494 1 person in the construction industry in the city, including construction enterprises 1.355 people.

4. According to the comprehensive insurance measures, if the employing unit that employs migrant workers fails to participate in the comprehensive insurance and fails to pay the comprehensive insurance premium in full and on time, the relevant departments shall conduct supervision and inspection according to the State Council's Regulations on the Collection and Payment of Social Insurance Fees and relevant regulations, and there is no clear stipulation on the late payment fee, which is not conducive to the collection and payment of comprehensive insurance.

In view of the above reasons, it is necessary to formulate the Supplementary Provisions on Social Comprehensive Insurance for Non-urban Household Registration Personnel in Chengdu (hereinafter referred to as the Provisions) to supplement and improve the relevant contents of the current comprehensive insurance measures.

(two) the basis and conditions for the formulation of supplementary provisions

1. This year 1 month, the State Council issued "Several Opinions on Solving the Problems of Migrant Workers" (Guo Fa [2006] No.5), which made clear and specific provisions for solving the social security problems of migrant workers and was a guiding document for revising and supplementing the comprehensive insurance measures.

2. After three years of successful operation, comprehensive insurance measures still have a certain balance on the basis of establishing personal accounts for insured migrant workers, which has strong anti-risk ability.

3. According to statistics, the average age of the actual participants in comprehensive insurance in our city is 28.7 years old, most of whom are in a period of vigorous health, and the probability of serious illness is small. In the past three years, the city has reimbursed 3,256 people for hospitalization expenses, and the balance of medical insurance fees in comprehensive insurance centers is relatively large. According to the current Comprehensive Insurance Measures, the balance of medical insurance premiums in comprehensive insurance centers will continue to grow.

(3) Supplementary provisions have improved the relevant contents of comprehensive insurance measures.

The Supplementary Provisions have improved the comprehensive insurance measures in the following aspects:

1, expanding the scope of protection. Article 2 of the Supplementary Provisions stipulates that comprehensive insurance for non-urban registered employees includes compensation for work-related injuries or accidental injuries, reimbursement of hospitalization expenses, old-age subsidies, personal medical accounts and maternity subsidies for female employees. On the premise of not increasing the payment ratio, the coverage of non-urban household registration employees is the same as that of urban workers, which enhances the guarantee ability of comprehensive insurance and improves the level of migrant workers enjoying comprehensive insurance benefits.

2. The payment grade is reduced. Article 3 of the Supplementary Provisions stipulates that adjusting the base of comprehensive insurance payment to third grade is more in line with the reality of migrant workers and reduces the difference in treatment.

3. Clarify the payment proportion and payment subject of high-mobility industries. Articles 2 and 3 of the Supplementary Provisions stipulate that the contribution rate of construction enterprises is 4%, which shall be paid in full by construction enterprises. Non-urban registered employees of construction enterprises enjoy two benefits: compensation for work-related injuries and reimbursement of hospitalization medical expenses. This can not only reduce the payment ratio of high-mobility industries and make comprehensive insurance more operable, but also help to bring migrant workers in the construction industry into the social security system and effectively protect the legitimate rights and interests of migrant workers engaged in high-risk jobs.

4, clear the new treatment standard and purpose. Article 4 of the Supplementary Provisions stipulates that comprehensive insurance shall allocate 2% of the insured's personal medical account every month, and implement fixed subsidies for female employees after giving birth. By doing so, the gap between the daily outpatient expenses of migrant workers and the fact that maternity female workers can't enjoy the current maternity insurance policy can be solved, so that migrant workers can get more benefits and more effective protection, and it can also effectively prevent the phenomenon that the unit deducts maternity subsidies.

5. Define the time limit for enjoying the new treatment. Article 6 of the Supplementary Provisions stipulates that those who fail to pay the comprehensive insurance premium for more than three months shall enjoy the prescribed treatment after paying the comprehensive insurance premium. This can effectively eliminate the possible policy loopholes in medical personal accounts and female employees' application for maternity allowance.

6. The procedure of violation punishment was clarified. Article 10 of the "Regulations" stipulates that for employers who fail to pay the comprehensive insurance premiums according to the regulations and non-urban household registration employees who have no units, if they still fail to pay within the time limit, they will be charged a late fee of 2‰ on a daily basis from the date of default, and may impose a fine of 1 to 2 times the unpaid amount on the employer. Those who refuse to pay the comprehensive insurance premium, late payment fee or fine within the time limit may apply to the people's court for compulsory execution. Before paying the comprehensive insurance premium, the expenses incurred due to work-related injuries (or accidental injuries) and hospitalization shall be borne by the employer or non-urban registered employees without units. This provision is conducive to strengthening the responsibility of enterprises to participate in comprehensive insurance, and curbing the phenomenon of not participating in insurance and unpaid comprehensive insurance premiums.