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  • 工伤保险条例 State Council, Work-related Injury Insurance Regulations

    国务院令第375号

    (Promulgated by the State Council on 27 April 2003 and effective as of 1 January 2004.)

    颁布日期:20030427  实施日期:20040101  颁布单位:国务院

      PART ONE GENERAL PROVISIONS

      Article 1 These Regulations are formulated in order to guarantee availability of medical treatment and economic compensation to staff and workers that suffer from work-related accidental injury or occupational disease, to promote prevention of work-related injury and vocational rehabilitation, and to distribute work-related injury risks of employers.

      Article 2 All types of enterprises and sole traders that hire workers (Employer(s)) shall participate in work-related injury insurance and pay work-related injury insurance premiums for all of the staff and workers or hired workers in their work unit (Employee(s)) in accordance with the provisions hereof.

      The Employees of all types of enterprises and the hired workers of sole traders in the People's Republic of China shall have the right to enjoy the benefits of work-related injury insurance in accordance with the provisions hereof.

      The specific steps and implementing procedures for participation of sole traders that hire workers in work-related injury insurance shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

      Article 3 Collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions in the Collection and Payment of Social Insurance Premiums Tentative Regulations regarding collection and payment of basic old age insurance premiums, basic medical insurance premiums and unemployment insurance premiums.

      Article 4 An Employer shall announce within the work unit the relevant details of its participation in work-related injury insurance.

      An Employer and its Employees shall abide by the laws and regulations regarding safe production and prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent occurrence of work-related injury accidents and avoid and mitigate the harms of occupational diseases.

      If an Employee suffers from work-related injury, the Employer shall adopt measures to ensure that such Employee receives timely rescue and treatment.

      Article 5 The administrative department of labour security of the State Council shall be in charge of the work of work-related injury insurance throughout the country.

      The administrative departments of labour security of all levels of local people's governments at the county level and above shall be in charge of work-related injury insurance work within their respective administrative areas.

      The social insurance agencies established by the administrative departments of labour security in accordance with relevant provisions of the State Council (Agency/Agencies) shall undertake the practical affairs of work-related injury insurance.

      Article 6 Administrative departments of labour security and other departments shall seek the opinion of trade unions and representatives of Employers when formulating policies and standards for work-related injury insurance.

      PART TWO WORK-RELATED INJURY INSURANCE FUNDS

      Article 7 Work-related injury insurance funds shall be composed of work-related injury insurance premiums paid by Employers, interest on work-related injury insurance funds and other funds paid into the work-related injury insurance funds in accordance with law.

      Article 8 The premium rate for work-related injury insurance shall be determined on the principles that receipt be determined on the basis of payment and that receipt and payment be balanced.

      The State shall determine premium rate differentials between industries according to the degree of risks of work-relat

    ed injuries in different industries, and shall determine several tiers of premium rates within each industry according to circumstances such as the use of work-related injury insurance premiums and the frequency of occurrence of work-related injuries. Inter-industry premium rate differentials and intra-industry premium rate tiers shall be formulated by the administrative department of labour security of the State Council in conjunction with the finance department, health administrative department and safe production regulatory department of the State Council, and shall be promulgated and implemented upon approval by the State Council.

      The Agency for a pooling region shall determine the work unit payable premium rate for an Employer on the basis of such circumstances such as use of work-related injury insurance premiums and frequency of occurrence of work-related injuries of the Employer, and the corresponding premium rate tier applicable to the industry to which the Employer belongs.

      Article 9 The administrative department of labour security of the State Council shall periodically obtain the details of receipt and payment of work-related injury insurance funds of all pooling regions throughout the country, and shall propose adjustment to the inter-industry premium rate differentials and the intra-industry premium rate tiers in a timely manner and in conjunction with the finance department, health administrative department and safe production regulatory department of the State Council. Such adjustment shall be promulgated and implemented upon approval by the State Council.

      Article 10 Employers shall pay work-related injury insurance premiums on time. Employees shall not pay work-related injury insurance premiums themselves.

      The amount of work-related injury insurance premium payable by an Employer shall be the product of the total payroll of the Employees of the work unit and the work unit payable premium rate.

      Article 11 Work-related injury insurance funds in municipalities directly under the central government and municipalities having districts shall be pooled on a municipality-wide basis. The level of pooling in other regions shall be determined by the people's government of the province or autonomous region.

      An inter-region industry or an industry with a relatively high level of production mobility may participate from another region in work-related injury insurance in a pooling region by adopting a method of relative concentration. The specific procedures shall be formulated by the administrative department of labour security of the State Council in conjunction with the department in charge of the relevant industry.

      Article 12 Work-related injury insurance funds shall be deposited into a dedicated finance account for social security funds for benefits of work-related injury insurance, assessment of work capability and payment of other expenses for work-related injury insurance stipulated herein. No work unit or individual may use the work-related injury insurance funds for investment and operation, construction or renovation of office site, distribution of bonuses, or divert such funds to other uses.

      Article 13 A certain ratio of work-related injury insurance funds shall be maintained as reserves for payment of work-related injury insurance benefits in the event of major accidents in the pooling region. In case of a shortage of reserves, the people's government of the pooling region shall advance the payment. The specific ratio of reserves to the total amount of funds and the procedures for the use of reserves shall be stipulated by the people's governments of provinces, autonomous regions or municipalities directly under the central government.

      PART THREE DETERMINATION OF WORK-RELATED INJURY

      Article 14 An Employee shall be determined as having a work-related injury if:

      1. he is injured in an accident at work duri

    ng working hours in the workplace;

      2. he is injured in an accident while engaging in preparatory or finishing-up work related to work before or after working hours in the workplace;

      3. he is injured by violence or in other accident in his performance of job duties during working hours in the workplace;

      4. he suffers from an occupational disease;

      5. he is injured at work or his whereabouts became unknown in an accident, during work-related travel;

      6. he is injured in a motor vehicle accident while going to or returning from work; or

      7. he is in other circumstances that shall be determined as work-related injury according to the provisions of laws and administrative regulations.

      Article 15 An Employee shall be deemed as having a work-related injury if:

      1. he dies immediately or within 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace;

      2. he is injured in an act to protect national interests or public interests such as emergency rescue and disaster relief; or

      3. he is injured and disabled in war or on duty while in military service and has obtained a revolutionary injured and disabled soldier certificate, and suffers from a relapse of the old injury while being employed by the Employer.

      Where an Employee is in the circumstance of Item (1) or (2) of the preceding paragraph, he shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions hereof. Where an Employee is in the circumstance of Item (3) of the preceding paragraph, he shall be entitled to work-related injury insurance benefits other than the lump sum disability allowance in accordance with the relevant provisions hereof.

      Article 16 An E

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