Insurance, refers to the policyholder according to the contract, to pay premiums to the insurer, the insurer for the contract may occur due to the occurrence of accidents caused by the loss of property liability, or when the insured person death, disability, disease, or reach the age of the contract, the period of time to pay the insurance premiums responsibility of commercial insurance behavior.
Insurance is a contractual form to establish the economic relationship between the two sides, to pay the insurance premiums to build up the insurance fund, the insurance contract within the scope of the disaster caused by the loss of a financial compensation or payment of an economic form.
Insurance belongs to the economic category, which reveals the attributes of insurance, the essential nature of insurance.
In essence, insurance embodies an economic relationship, manifested in (1) the commodity exchange relationship between the insurer and the insured; (2) the income redistribution relationship between the insurer and the insured.
From the economic point of view, insurance is a method of loss sharing, with the majority of units and individuals to pay premiums to establish an insurance fund, so that the loss of a few members of the whole insured to share.
From the legal point of view, insurance is a kind of contractual behavior, that is, through the signing of the insurance contract, to clarify the rights and obligations of the two parties, the insured to pay premiums to obtain compensation within the scope of the insurance contract, and the insurer has the right to receive premiums and the obligation to provide compensation.
This shows that insurance is the unity of economic and legal relations.
Social insurance is the state in the form of law, in the temporary or permanent incapacity of workers without even or source is to give material help, maintenance, that is, their own access to a variety of systems in general. Article 70 of China's Labor Law stipulates that "the state shall develop the cause of social insurance, establish a social insurance system, and set up a social insurance fund to enable workers to receive assistance and compensation in old age, illness, industrial injury, unemployment, childbirth and other cases."
Corresponding to social insurance, commercial insurance is a form of insurance for profit through the conclusion of an insurance contract and is operated by specialized insurance enterprises. Commercial insurance relationship is a contractual relationship voluntarily concluded by the parties, the policyholder under the contract, pay premiums to the insurance company, the insurance company according to the contract may occur due to the occurrence of accidents caused by the loss of property to bear the responsibility of indemnification insurance benefits, or when the insured person death, disability, disease, or to reach the age of the agreement, the period of time when the responsibility of the payment of insurance benefits. Commercial insurance can be divided into two categories: life insurance and property insurance.
The so-called social insurance is the state as the main body, the wage-earning workers in the temporary or permanent loss of working capacity, or although capable but no work, that is, the loss of source of livelihood, through legislative means, the use of social forces to these workers to a certain degree of compensation for the loss of income, so that they can continue to achieve a basic standard of living, so as to ensure that the labor force reproduction and expansion of the normal operation of reproduction, to ensure that domestic and foreign workers are able to continue to work, so as to ensure that they can continue to work. It is a system that ensures the normal operation of labor reproduction and expanded reproduction, and guarantees social stability in the country.
China's social insurance includes five types of insurance: old-age insurance, medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance, all of which are a kind of welfare policy of the state and are not for profit.
China's labor law workers in the following circumstances, in accordance with the law to enjoy social insurance:
(a) retirement;
(b) illness, injury;
(c) work-related disability or occupational disease;
(d) unemployment;
(e) childbirth.
Conditions for entitlement to pension insurance
The conditions under which workers in China are entitled to pension insurance vary according to the reasons for workers' withdrawal from the field of labor, which are classified as retirement, sabbatical and retirement.
1. Conditions for enjoying pension insurance benefits due to retirement
The Ministry of Labor and Social Security issued the Circular on Stopping and Correcting the Problems Related to the Early Retirement of Enterprise Workers in Violation of State Provisions (Ministry of Labor and Social Security [1999] No. 8) on March 9, 1999, which points out that: the national legal retirement age of enterprise workers is 60 years old for men, 50 years old for women, and 50 years old for women cadres; and the retirement age for women cadres is 50 years old for women. 50 years of age for men, 50 years of age for women workers, and 55 years of age for women cadres. Engaged in underground, high temperature, high altitude, especially heavy physical labor or other work harmful to health, the retirement age of 55 years of age for men and 45 years of age for women, due to illness or disability caused by work, certified by the hospital and confirmed by the Labor Appraisal Committee of total loss of working capacity, the retirement age of 50 years of age for men and 45 years of age for women.
According to the relevant provisions of the Circular of the State Council on Deepening the Reform of the Pension Insurance System for Enterprise Employees (Annex I), an employee who has reached the statutory retirement age and who has made personal contributions for 15 years can enjoy pension benefits and receive a monthly pension.
2. Conditions for entitlement to pension insurance benefits due to retirement
Anyone who has one of the following conditions and has reached the statutory conditions for retirement is entitled to retirement pension insurance benefits:
(1) Participation in the revolutionary army under the leadership of the Communist Party of China (CPC) before September 30, 1949;
(2) Participation in revolutionary work and enjoyment of supply and demand benefits off duty in the liberated areas before September 30, 1949 Participating in revolutionary work and taking off work to enjoy the supply system and lump-sum treatment;
(3) Engaging in revolutionary work in enemy-occupied areas before September 30, 1949;
(4) Participating in revolutionary work in the liberated areas before the end of 1948 and enjoying the salary system established by the local people's government;
The above old cadres, men 60 years old and women 55 years old, may leave the service and enjoy the retirement pension insurance treatment.
3. Conditions for enjoying pension insurance benefits due to retirement
Fees shall be retired and enjoy pension insurance benefits if they are totally incapacitated due to work-related injuries and do not meet the conditions of retirement age or the conditions of length of service or other retirement conditions.
Meaning and conditions of medical insurance
Medical insurance is a social security system that provides medical services or financial compensation as a kind of material help given by the state or society when people are sick or injured.
The State Council issued the Decision of the State Council on the Establishment of a Basic Medical Insurance System for Urban Workers (Guo Fa [1998] No. 44) in December 1998, deploying a nationwide effort to comprehensively promote the reform of the workers' medical insurance system, and requesting that a basic workers' medical insurance system be basically set up nationwide within 1999. According to the provisions of the decision, the conditions for enjoying medical insurance treatment in China are that, in addition to enterprises and their employees covered by the basic medical insurance, the enterprises and their employees should have paid the medical insurance premiums in accordance with the regulations.
"The decision of the State Council on the establishment of a basic medical insurance system for urban workers" states that the coverage of the basic medical insurance system for urban workers shall be as follows: all urban employers, including enterprises (state-owned enterprises, collective enterprises, foreign-invested enterprises, private enterprises, etc.), organs, institutions, social organizations, and privately-run non-enterprises and their employees. The people's governments of the provinces, autonomous regions and municipalities directly under the central government shall decide whether or not to participate in basic medical insurance for township and village enterprises and their employees, and for the owners of urban titled economic organizations and their employees.
Medical insurance premiums are paid by both employers and individuals***. The Decision of the State Council on the Establishment of a Basic Medical Insurance System for Urban Employees clearly stipulates that the contribution rate of the employing unit shall be controlled at about 6% of the total wages of the employee, and the contribution rate of the employee shall generally be 2% of his/her wage income. Retirees participate in basic medical insurance, and individuals do not pay basic medical insurance premiums. Appropriate care is taken with regard to the amount credited to the retiree's personal account and the proportion of medical expenses borne by the individual.
Overview of Unemployment Insurance
Unemployment insurance refers to the system of providing material assistance to workers who have temporarily interrupted their source of livelihood due to unemployment through a fund established centrally by the society, which is mandated by the state through legislation. It is an important part of the social security system and one of the main programs of social insurance. (The social security system includes social insurance, social relief, social welfare, social preferential treatment and resettlement, and basic livelihood protection and re-employment for laid-off workers in state-owned enterprises, of which the social insurance includes five items: old-age insurance, medical insurance, unemployment insurance, work-injury insurance and maternity insurance.)
Unemployment insurance has the following main features: First, it is universal. It was established mainly to safeguard the basic livelihood of wage-earning workers after they become unemployed, and its coverage includes most members of the labor force. Therefore, in determining the scope of application, insured units should be regardless of sector and industry, regardless of the nature of ownership, and their workers should be regardless of the form of employment, regardless of home town or countryside, and after the dissolution or termination of the labor relationship, as long as they meet the conditions, they all have the right to enjoy the benefits of unemployment insurance. Analysis of the changes in the scope of application of unemployment insurance in China has shown a trend of gradual expansion, from the four types of people in state-owned enterprises to the seven types and nine types of people in state-owned enterprises and the employees of enterprises and institutions under entrepreneurial management, and then to all enterprises and institutions and their employees in cities and towns as stipulated in the Regulations on Unemployment Insurance, fully reflecting the principle of universality. Second, it is compulsory. It is made compulsory through the enactment of laws and regulations by the State. According to the regulations, units and their employees within the coverage of the unemployment insurance system must participate in unemployment insurance and fulfill their obligation to make contributions. According to the relevant provisions, units and individuals who do not fulfill their obligations to make contributions should bear the corresponding legal responsibility. Third, mutual assistance. Unemployment insurance fund mainly comes from the society, by the unit, the individual and the state tripartite **** the same burden, the contribution ratio, the contribution mode is relatively stable, raised unemployment insurance premiums, regardless of the source of channels, regardless of the nature of the contributing units, all into the unemployment insurance fund, in the coordinated area of the unified scheduling and use in order to play the function of mutual aid.
The unemployed persons referred to in the Regulations on Unemployment Insurance are only limited to those who are employed or unemployed and have the ability to work within the legal working age. According to relevant regulations, China's current legal working age is 16-60 years old, sports, arts and special crafts units in accordance with state regulations to fulfill the approval process can be recruited minors under the age of 16. A retirement system is in place for workers in enterprises who are 60 years of age or older for men and 50 years of age or older for women, and for workers in institutions who are 60 years of age or older for men and 55 years of age or older for women, and the retirement age may be lowered for workers engaged in toxic or hazardous work and for qualified workers who are ill or disabled at work. The so-called ability to work means that unemployed persons have the capacity to engage in normal social work. Persons within the legal working age who do not have the appropriate capacity to work cannot be considered unemployed, such as mentally ill persons and persons who are totally disabled and unable to engage in any social labor. Those who are currently without work and are looking for work in some way are those unemployed persons who have a requirement for work but have not yet realized employment due to objective constraints. Those who are not currently working but do not have a requirement for work cannot be considered unemployed. This part of the people voluntarily give up the right to employment, has withdrawn from the ranks of the labor force, does not belong to the labor force, there is no unemployment problem.
The causes of unemployment are manifold, and the dominant factors are not exactly the same in different countries or in different periods of a country. Internationally, the causes of unemployment are generally divided into the following categories: frictional unemployment, unemployment due to the time difference between the workers seeking employment and the need to provide jobs, such as the newborn labor force can not find a job, workers want to switch jobs when the job interruption, etc.; Seasonal unemployment, due to the conditions of production of certain industries or products by the climatic conditions, social customs or purchasing habits, so that production of the Seasonal unemployment, caused by seasonal changes in the demand for labor in certain industries due to the influence of climatic conditions, social customs or purchasing habits; Technological unemployment, caused by the use of new machinery, equipment and materials, the adoption of new production processes and new production management methods, resulting in a local surplus of labor; Structural unemployment, caused by changes in the economy, the industrial structure, and changes in the form and scale of production, which prompts the labor force to make the corresponding adjustments to the structure of the unemployment; Cyclical unemployment, which occurs in countries with market economies due to the cyclicality of the economy.
From the analysis of China's current situation, the causes of unemployment are mainly the following aspects: First, labor supply exceeds demand. China is the world's first populous country, at the end of 1998, the total population amounted to 1.25 billion people, of which the economically active population amounted to 710 million. In particular, since the 1980s, China has entered the peak of its working-age population, and the proportion of the working-age population to the total population has risen markedly, by nearly 10 percentage points over the decade. On the other hand, China is a developing country with a relatively low level of economic development and a relative shortage of other economic resources, which constrains the development and utilization of labour resources. In terms of development trends, in the coming period, the annual increase in the labor force will be around 10 million people, and the remaining rural labor force will flow across regions by about 30 million people, a considerable portion of whom will be joining the urban employment force. In addition, with the deepening of the reform of enterprises and institutions, the problem of surplus personnel formed in history will be gradually resolved, and the large number of redundant workers who have accumulated over the years will become an inevitable trend of competition for jobs in society. It can be said that the contradiction of labor supply exceeding demand will exist in a fairly long period of time. Secondly, China is carrying out major adjustments to its economic structure, with which the structure of the labor force will inevitably be adjusted accordingly, inevitably resulting in some people being unemployed, and this structural unemployment situation has increased the pressure of unemployment. Thirdly, along with the progress of science and technology and the increase in labor productivity, some areas, especially the traditional sectors of the primary and secondary industries, not only fail to expand their employment capacity, but on the contrary, reduce the number of people they employ and divert some of the labor force, resulting in an increase in the number of unemployed persons. Fourthly, because many unemployed people have single skills and low vocational and technical levels, it is difficult for them to adapt to the needs of employers; this, coupled with the old-fashioned concept of choosing a career and the inability to rely on one's own efforts to open up avenues of employment, has made it more difficult to realize the goal of re-employment. Fifth, China's current social security system is imperfect, narrow coverage, the market employment mechanism has not yet been fully established, the flow of labor and rational allocation also has obvious constraints.
Unemployment is a social and economic phenomenon. Labor resources are an important part of economic resources, competition for jobs is a necessary precondition for the optimal allocation of labor resources. In the process of competition, there is bound to be a part of the labor force for various reasons temporarily unable to achieve employment. The solution to the unemployment problem is not to eliminate the phenomenon of unemployment altogether, but rather to keep the number of unemployed persons within socially acceptable limits by developing jobs through economic development and improving the quality and skills of workers through vocational training. At the same time, through the implementation of unemployment insurance, assistance is given to workers who are temporarily unable to find employment, their basic livelihood is guaranteed, and re-employment services are provided, so that the negative impact of unemployment is minimized. Therefore, the development and improvement of China's unemployment insurance system, to share the risk of unemployment, solve the unemployment problem has a very important role
"Four insurance and one gold" is strictly speaking five insurance, including old-age insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance, "one gold" refers to the housing fund, and "one gold" refers to the housing fund, and "one gold" refers to the housing fund, the housing fund is the housing fund. "refers to the housing fund. Among them, pension insurance, medical insurance and unemployment insurance, these three kinds of insurance is by the enterprise and individual **** with the payment of premiums, industrial injury insurance and maternity insurance is completely borne by the enterprise, individuals do not need to pay. It is important to note that the "four insurance" is legal, while the "one gold" is not legal.
Xu Chenggong introduced, "four insurance and one gold" of the amount of payment of each regional regulations are different, to the total wage as the base. Some enterprises in the payment of the basic salary, there are some related subsidies, but some enterprises in the payment of the basic salary, which is against the law. The specific percentage should be consulted with the local labor department. Regarding the drawdown of pension insurance, unemployment insurance and medical insurance, it is only permitted by law to receive them, and they are issued by the department of establishment and registration of insurance. He said: "For example, pension insurance, you have to reach the legal age before you can receive, unemployment insurance benefits also have to have the conditions, such as to the street office where the household registration for the unemployment certificate, and at the same time did the job-seeking certificate, that is to say, unemployed after the job must also have the will to look for work, so that conditions can be received. If you don't want to work after being unemployed, then you can't pay the insurance benefit. Also, pension and unemployment benefits cannot be enjoyed at the same time."
Whether or not insurance should be enjoyed during the probationary period is a major concern for job-hoppers, and Xu Chengling believes that because the probationary period is an integral part of the contract period, insurance should be taken out during the probationary period as well. In addition, the enterprise to the employee insurance is a legal obligation, does not depend on the intention of the parties or voluntary, even if the employee said do not need to be insured can not, and commercial insurance can not replace the social insurance.
Commercial insurance, also known as financial insurance, is relative to social insurance. Commercial insurance organization according to the insurance contract, to collect insurance premiums from the policyholder, the establishment of an insurance fund, for the contractual occurrence of property damage liability; or when the insured person death, disability, disease, or to reach the age of the contract, the term of the responsibility to pay the insurance premiums of a contractual behavior.
Commercial insurance has the following characteristics:
1. The main body of commercial insurance is commercial insurance companies.
2, commercial insurance reflects the insurance relationship is reflected through the insurance contract.
3, the object of commercial insurance can be people and things (including tangible and intangible), the specific subject matter of human life and body, property, as well as property-related interests, liabilities, credits and so on.
4, commercial insurance should be operated for the purpose of profit, and to obtain the maximum profit, in order to protect the insured to enjoy the maximum degree of economic security.