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What are the items included in the social insurance we usually buy and what is the protection?
1, what is the social insurance system?
A: Social insurance system refers to the overall design of a modern country to protect workers from the risks they are bound to encounter during their working life and the whole life cycle. Theoretically, the social insurance system consists of seven main parts: maternity social insurance, sickness social insurance, work injury social insurance, disability social insurance, unemployment social insurance, old age social insurance and death social insurance, which contributes to guaranteeing the stability of workers' life and society. However, in practice, there are slight differences in the construction of social insurance systems among countries due to their own national conditions.
In most countries, the social insurance system for social security to ensure the stability of social life is constructed on the basis of the social insurance for medical care, occupational injuries and old age, so that the workers can receive the necessary income compensation after encountering various risks. For example, women workers who lose their wages due to the risk of maternity can receive income compensation in the form of maternity benefits from medical social insurance. Workers who lose their capacity to work and become disabled as a result of work-related injuries or occupational diseases receive basic livelihood protection from occupational injury social insurance in the form of lump-sum disability compensation, regular income compensation, and even injury compensation. As for death, through the form of survivor's benefits, can be obtained from both medical social insurance and occupational injury social insurance, as well as from the old age social insurance.
China has had a relatively complete social insurance system since the 1950s, and since unemployment social insurance was not introduced at that time, the insurance covered only a very small portion of the social labor force -- workers in state-owned enterprises, institutions and state agencies. By the 1990s, China had built up a complete and scientific social insurance system including social insurance for sickness, maternity, occupational injury, unemployment, old age and survivors.
2. Why do I have to pay social insurance premiums?
Answer: In addition to the state and the employer to pay social insurance premiums, the individual employee also has to pay a certain amount of money. According to & lt;& lt; Tianjin Economic-Technological Development Area social insurance regulations & gt; & gt;: individual employees should pay 4% of their monthly wages to the pension insurance premiums, according to 1% of the monthly wages to pay medical insurance premiums. Employees pay a certain percentage of social insurance premiums for the following reasons:
(1) In fact, many risks are caused by the workers' personal natural or physiological factors, the workers should be in the labor period in advance of their own necessary labor "deduction" part of the necessity to compensate for the inability to work. In other words, the personal contribution is an obligation for the enjoyment of rights.
(2) It is conducive to the supervision of social insurance by the workers and reduces the waste of the social insurance fund.
(3) It is conducive to promoting the spirit of self-help and mutual assistance among employees, fostering the awareness of self-accumulation and self-insurance, changing the psychology of over-dependence of employees on the society, and reducing the burden on the state and employers.
(4) The social insurance premiums paid by employees are credited to their personal accounts, which can better take into account the long-term interests of the employees, establish a reasonable consumption structure, and properly organize the life of the individual.
3. Why is social insurance compulsory?
Answer: Social insurance is a basic right and obligation given to every worker by national laws and regulations. Participating in social insurance is not only a right that every worker should enjoy, but also an obligation that employers and workers must undertake.
The compulsory nature of social insurance is mainly reflected in the following aspects:
(1) Social insurance is a compulsory legal norm stipulated by national laws and regulations. Therefore, both employers and individual employees must strictly abide by it.
(2) The actions of the social insurance management organization are legally mandatory.
(3) Any unit or individual should undertake their own obligations within the scope of social insurance laws and regulations, otherwise, they will bear the corresponding legal responsibility.
(4) The labor administrative department has the right to impose administrative penalties on units and individuals who violate social insurance laws and regulations.
4. What are the rights and obligations of employees who participate in social insurance?
Answer: Employees have the following rights:
(1) to receive social insurance benefits and enjoy social insurance treatment according to the law, and in the event of social insurance risk liability, employees have the right to request the social insurance agency to pay social insurance benefits in full and on time and to provide the corresponding social insurance treatment;
(2) employees have the right to inquire about their own records of social insurance contributions, and to request the social insurance agency to make a decision on the social insurance payment records of their own.
(3) Employees have the right to request arbitration, reconsideration or litigation in respect of social insurance disputes relating to them in order to safeguard their lawful rights and interests;
(4) Employees have the right to make comments and suggestions on the social insurance work of the social insurance company and the employer.
The obligations to be fulfilled by the employees are:
To abide by the laws and regulations on social insurance, to pay the social insurance premiums in accordance with the regulations, to receive the social insurance benefits in accordance with the stipulated procedures and required formalities, and to accept the management of the labor administration department and the social insurance agency.
5. What are the rights and obligations of employers in social insurance? (3) To apply for reconsideration to the Administrative Committee of the Development Zone in case of dissatisfaction with the decision of the administrative penalty imposed by the labor administration department at that time. If the employer is not satisfied with the decision of arbitration and reconsideration, the employer may file a lawsuit with the court of the development zone;
(4) To give opinions and suggestions on the work of the social insurance company. Employers should fulfill the obligations are: must participate in social insurance according to the provisions of the social insurance, for the workers for social insurance procedures, and on time and in full for the workers to contribute to the social insurance premiums. At the same time, the employer shall bear the responsibility of paying the social insurance treatment stipulated by the state, and fulfill the other obligations stipulated by the laws and regulations on social insurance.
6. Can an employee no longer participate in social insurance if he/she has participated in the relevant commercial insurance?
Answer: Employees must participate in social insurance, this is because: participation in social insurance, social insurance laws and regulations of the employees and their employers must fulfill the obligations, the employees and their employers can not be any reason to avoid this obligation. As for commercial insurance, employees can decide whether or not to contribute according to their own financial situation and personal wishes. On the premise that social insurance is the basis of protection, commercial life insurance can be used as a supplement to social insurance in order to improve the level of protection for employees.
7. How can employees monitor social insurance?
Answer: (1) Employees supervise the work of social insurance companies by inquiring into the records of social insurance contributions related to them;
(2) Employees supervise the relevant departments of social insurance by means of judicial remedies such as arbitration, reconsideration and litigation in respect of disputes related to social insurance;
(3) Employees supervise the payment of social insurance premiums in the organization through the trade unions of the organizations;
(4) Employees supervise the payment of social insurance premiums in the organization through the trade unions of the organizations. (4) Employees may supervise the collection, use and management of the social insurance fund by analyzing the annual reports published by the social insurance companies;
(5) Employees may supervise the work of social insurance through the social security committees, the labor administration departments, the supervisory boards of the social insurance funds and other relevant bodies;
( 6) Employees may supervise the work of social insurance by giving their opinions and suggestions to the social insurance company;
(7) Employees may supervise the work of the social insurance company by finding out whether the statutes of the social insurance company and its rules and regulations are perfect and effectively implemented.
8. If an insolvent enterprise owes social insurance premiums, will the social insurance rights and interests of the employees of that enterprise be affected?
Answer: <<Chinese people's **** and national civil procedure law>> and relevant social insurance regulations, policies, all of the social insurance premiums as a bankruptcy property priority liquidation provisions. To serve as collateral for bank loans and other claims or other collateral property, the bankruptcy estate priority allocation of bankruptcy expenses, in accordance with the following order of liquidation:
(1) bankruptcy enterprise owed employees' wages and labor insurance costs;
(2) bankruptcy enterprise owed taxes;
(3) bankruptcy claims . The priority of social insurance premiums over state taxes and bankruptcy claims is to ensure that the social insurance rights and interests of employees are fundamentally guaranteed.
9, the employer violates the provisions of social insurance shall bear what legal responsibility?
Answer: the employer violates the provisions of social insurance, unpaid, refused to pay social insurance premiums, the development zone by the labor administration department ordered to pay the deadline; overdue payment is still not paid, the development zone by the labor administration department of the amount payable by the day to add one thousand late fees, and may apply to the development zone of the People's Court for compulsory execution.
If an employer withholds or innocently defaults on social insurance benefits, the labor administration department of the development zone shall order payment by a specified date, and shall also order the payment of compensation in accordance with the law.
If an employer violates laws and regulations to the detriment of an employee or causes personal injury or death, the employer shall bear full responsibility.
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