Chapter 1 Provisions on the Scope of Implementation
Article 1
Article 1 of the Labor Insurance Regulations of the People’s Republic of China (hereinafter referred to as the Labor Insurance Regulations) The provisions of Article 2, Paragraph A, regarding "there are more than 100 workers and staff" refer to the number of workers and staff in factories and mines themselves, excluding the number of their business management agencies and affiliated units. When calculating the number of people, workers under the wage system and supply system, as well as apprentices, temporary workers (except temporary construction workers and porters), and probationary personnel should be included.
Article 2
For any enterprise that implements labor insurance, its business management agencies and affiliated units should implement labor insurance regulations at the same time as the enterprise. "Business management agency" refers to an agency whose entire funding is derived from business income or capital construction expenses or business expenses. "Affiliated units" refers to the relevant business and employee cultural education, welfare and other institutions attached to the enterprise.
Article 3
For workers and union staff who work in affiliated units of enterprises that implement labor insurance and whose wages are not paid directly by the enterprise administration or management, their childbirth Holiday wages, sickness and injury holiday wages, and funeral expenses for work-related deaths shall be paid by the unit that pays wages; the unit that pays wages shall pay labor insurance premiums based on 3% of the total wages of workers and staff of each unit (the labor union that originally worked in the enterprise Members of grassroots committees who are no longer involved in production may be exempted from payment of labor insurance premiums) and shall be paid by the enterprise administration or capital together. The medical expenses of workers and union staff during the medical treatment period shall be borne by the enterprise administration or the employer in accordance with the provisions of the labor insurance regulations.
Article 4
Supply-based personnel in enterprises that implement labor insurance should still be handled in accordance with the provisions of the supply-based system, and labor insurance regulations do not apply. If the armed guards of factories and mining enterprises are active service members of the People's Liberation Army, they should still enjoy various benefits of the People's Liberation Army, and labor insurance regulations do not apply.
Article 5
When an enterprise that does not implement labor insurance regulations concludes a collective labor insurance contract, it shall follow the spirit of the labor insurance regulations and the actual conditions of the enterprise, industry or industry. The agreement shall be negotiated and signed, and submitted to the local labor administrative authority for approval and implementation. All labor insurance fees stipulated in the collective contract shall be borne by the enterprise administration or the employer.
Chapter 2 Provisions on Total Wages
Article 6
Enterprises that implement labor insurance shall pay labor insurance in accordance with the provisions of Article 8 of the Labor Insurance Regulations. When claiming insurance benefits, the calculation of total wages shall be carried out in accordance with the "Regulations on the Composition of Total Wages" of the Financial and Economic Committee of the Administration Council of the Central People's Government.
Chapter 3 Provisions on Calculation Standards for Labor Insurance Benefits
Article 7
Workers and employees whose wages are calculated on a daily or monthly basis are entitled to labor insurance When calculating remuneration, if it is calculated based on personal wages, the calculation standard shall be based on the daily or monthly wages earned by the worker or employee.
Article 8
For workers and staff whose wages are calculated on a piece-by-piece basis, when enjoying labor insurance benefits, if the calculation is based on personal wages, the daily wages of the worker and staff in the last three months shall be calculated. The average salary is used as the calculation standard. If the total working time is less than three months, the calculation standard shall be based on the average daily wages of the worker/staff in actual working days. However, if the sick leave is within seven days, the average daily salary of the previous month will be used as the calculation standard.
Article 9
When a worker who receives work-related disability subsidies retires or dies, he or she will receive pensions and relief payments based on his or her salary under the labor insurance fund. or subsidy, his personal salary shall be calculated by combining the salary and work-related disability subsidy.
Article 10
If an apprentice’s personal salary is lower than the minimum wage of ordinary workers of the enterprise, when calculating labor insurance premiums based on his own salary, the minimum wage of ordinary workers of the enterprise shall be used instead. Calculated, but the labor insurance premiums earned shall not exceed the personal salary.
Chapter 4 Provisions on Benefits for Work-related Injuries, Disability, and Death
Article 11
Workers and employees shall be injured, disabled, or die under the following circumstances
1. Due to the performance of daily work and the performance of work temporarily designated or agreed by the enterprise administration or the employer;
2. Under emergency circumstances, engaging in work beneficial to the enterprise without being designated by the enterprise's administration or capital;
3. Engaging in inventions or technological improvements. Regarding the determination of work-related or non-work-related matters, the labor union group shall report the facts to the labor insurance committee of the labor union grassroots committee (hereinafter referred to as the labor insurance committee) for review and determination, and then submit the report to the labor union grassroots committee to notify the enterprise administration or employer and the workers themselves or their dependents. Immediate family members. If there are any differences of opinion, they should be reported to the labor administrative agency of the local people's government for prompt handling. However, before it is handled, it should be handled according to the notice of the grassroots committee of the trade union.
Article 12
The Disability Review Committee stipulated in Paragraph C of Article 12 of the Labor Insurance Regulations shall be established under the leadership of the municipal trade union organization or the local industrial union organization, and its candidates shall be It is composed of three to seven representatives of the above-mentioned trade union organizations, labor administrative agencies and health administrative agencies, with the representative of the municipal trade union organization or the local industrial trade union organization as the convener, the representative of the labor insurance committee of the enterprise to which the disabled worker employee belongs and the attending physician Must attend the meeting. Where only individual enterprises implement labor insurance regulations, a disability review committee will not be organized, and the labor insurance committee of the enterprise will act on its behalf. The powers of the Disability Review Committee are as follows:
1. Determine the disability status of disabled workers and staff;
2. Examine the disability status of disabled persons every six months to determine their disability status Whether there is any change, the disability status may be reviewed at any time if the disabled person requests it.
Article 13
Workers and employees who have lost part of their labor force due to work-related disability and are still able to work shall receive the work-related disability benefits in accordance with the provisions of Article 12, Clause B and Clause 3 of the Labor Insurance Regulations. The subsidy will be paid according to the amount of salary reduction after disability: For those whose salary is reduced by 11% to 20%, the subsidy for work-related disability will be 10% of the salary before disability; if the salary is reduced by 21% If the salary is reduced by more than 30%, a subsidy of 30% of the salary before disability will be provided.
Article 14
After receiving medical treatment at the company’s medical clinic, hospital, specially appointed hospital, specially appointed Chinese and Western doctors, or a transferred hospital, a worker or employee who is injured on the job must be fitted with a prosthetic leg, For prosthetic hands, dental implants, and eye replacements, the costs are entirely borne by the enterprise's administration or capital.
Article 15
If a worker or employee continues to work despite losing part of his labor force due to disability due to work, and is still able to work due to disability other than work, according to Article 12B of the Labor Insurance Regulations The work-related disability subsidy payable under the three clauses of paragraph 3 shall continue to be paid. If the employee resigns from his job due to a complete loss of labor power and inability to work other than due to work-related disability, he shall be treated according to the treatment prescribed in Article 13, Paragraph C, of ??the Labor Insurance Regulations.
Chapter 5: Provisions on benefits for diseases, non-work-related injuries, and non-work-related disabilities
Article 16
Workers and employees’ illnesses or non-work-related disabilities For those who are injured and stop working for a period of continuous medical treatment within six months, according to the provisions of Article 13, Paragraph B of the Labor Insurance Regulations, the administration or management of the enterprise shall pay sick and injury leave wages according to the following standards: Those with less than two years of service in the enterprise , is 60% of my salary; if it has been two years but less than four years, it is 70% of my salary; if it has been four years but less than six years, it is 80% of my salary; if it has been six years or more If the employee has been employed for less than eight years, the employee's salary will be 90%; if the employee has been employed for eight years or more, it will be 100% of the employee's salary.
Article 17
When a worker or employee is ill or injured and has stopped working for continuous medical treatment for more than six months, according to the provisions of Article 13, Paragraph B, of the Labor Insurance Regulations, Sickness and injury holiday wages will be suspended, and instead, monthly sickness or non-work-related injury relief will be paid under the labor insurance fund. The standards are as follows: For those who have worked in the enterprise for less than one year, it will be 40% of their salary; If the employee is employed for one year but less than three years, the employee's salary shall be 50%; for those who have been employed for three years or more, the employee shall be 60% of the employee's salary. This benefit is paid until the person is able to work or is determined to be disabled or dies.
Article 18
If a worker’s employee’s personal salary is lower than the average salary of the enterprise, when receiving relief payments for illness or non-work-related injuries, if the amount of relief payments he receives is less than the Forty percent of the average salary of the enterprise shall be paid at the rate of 40% of the average salary, but shall not be higher than the personal salary.
Article 19
Workers and employees who have completely lost their labor force due to disability at work and who have retired from their jobs or retired pensioners may still comply with the provisions of Article 13, Paragraph A, of the Labor Insurance Regulations. Continue to enjoy medical treatment for diseases until death.
Article 20
After the worker’s illness or non-work-related injury has been medically terminated, and he is determined to be disabled and has completely lost his labor force and retired from the job, except when receiving non-work-related disability relief benefits or his death. Except for funeral subsidies and relief fees for supporting immediate family members, other labor insurance benefits should be stopped.
Article 21
Workers and employees who need to stop work for medical treatment due to illness or non-work-related injuries must submit a certificate from the responsible medical institution. If the above certificate cannot be obtained at that time, they must Labor insurance benefits can only be enjoyed if it is certified by the trade union group leader or group labor insurance officer. When returning to work after recovering from illness, you should obtain a certificate from the responsible medical institution that you are able to work.
Chapter 6 Provisions on Death Benefits
Article 22
When a worker or employee dies on the job or dies after retiring due to a disability at work, the employee shall be treated according to the According to the provisions of Paragraph A of Article 14 of the Labor Insurance Regulations, three months' average salary paid to the enterprise by the enterprise's administration or capital shall be used as funeral expenses, and shall be paid monthly to support immediate family members from the labor insurance fund in accordance with the following provisions. Pensions: If one immediate relative is supported, it is 25% of the deceased's salary; if there are two immediate relatives, it is 40% of the deceased's salary; if there are three or more immediate relatives, it is 20% of the deceased's salary Fifty. This pension shall be paid until the sponsor loses the conditions for support (see the provisions of Chapter 11 for the conditions of support).
Article 23
When a worker or employee dies due to illness or non-work-related injury, dies after retiring from work, or dies after retiring from work due to disability not due to work-related disability and complete loss of labor force, according to the According to Paragraph B of Article 14 of the Labor Insurance Regulations, in addition to two months’ average wages paid to the enterprise under the Labor Insurance Fund as funeral subsidy, a lump sum payment from the Labor Insurance Fund to the immediate family members shall also be made in accordance with the following provisions: Relative relief allowance: If one immediate relative is supported, it will be equal to six months of the deceased's salary; if there are two immediate relatives, it will be equivalent to nine months of the deceased's salary; if there are three or more immediate relatives, it will be equivalent to 12 months of the deceased's salary.
Article 24
When a worker or employee dies or becomes disabled due to work and completely loses his labor force, and his immediate family members are able to work and the enterprise needs people to work, the administration or capital shall They should be hired as soon as possible; their dependent children, daughters, brothers and sisters have the right to attend schools run by the enterprise.
Article 25
If two or more people in the family work in an enterprise that implements labor insurance, and their first and dependent immediate family member dies, funeral subsidies will be provided The fee should be collected by one of them and cannot be collected again.
Chapter 7 Provisions on Pension Benefits
Article 26
When workers and employees retire from their jobs and provide for their retirement, they shall be paid monthly under the labor insurance fund. Retirement pension subsidy: For those who have served for more than five years but less than ten years in the company, 50% of their salary will be paid; for those who have served for more than ten years but less than fifteen years, 60% of their salary will be paid; For those who have been employed for fifteen years or more, 70% of their salary will be paid. Payable until death.
Article 27
For workers and employees who meet the pension provisions of Article 15 of the Labor Insurance Regulations, if the enterprise needs to keep them working, in addition to their wages being paid, they will also be paid On-the-job pension subsidies are paid on a monthly basis under the labor insurance fund: For those who have worked in the company for five years but less than ten years, 10% of their wages will be paid; for those who have worked for more than ten years but less than fifteen years, 100% of their wages will be paid. Fifteen percent of the salary; for those who have been employed for fifteen years or more, 20% of their salary will be paid.
Article 28
When workers and employees who receive on-the-job pension subsidies retire from work to provide for retirement, their on-the-job pension subsidies shall not be included in their wages.
Article 29
If a worker or employee has been engaged in underground mining or has been working in a workplace with a temperature below 32 degrees Fahrenheit or a workplace with a temperature above 100 degrees Fahrenheit, A total of ten years before and after, or directly engaged in work harmful to health in lead, mercury, arsenic, phosphorus, acid and other chemical or military industries for a total of eight years before and after. Although he is not engaged in the above-mentioned work, he is still allowed to work according to the According to the provisions of Paragraphs C and D of Article 15 of the Labor Insurance Regulations, employees can enjoy retirement benefits.
Article 30
If a worker or staff member is transferred to another job due to old age and infirmity after the enterprise implements labor insurance, and his salary is reduced to below the average salary of the enterprise, he will not be dismissed from his job until the enterprise implements labor insurance. When providing pension, the retirement pension subsidy shall be calculated based on the average salary of the enterprise.
Chapter 8 Provisions on Maternity Benefits
Article 31
Maternity leave (regardless of regular birth or childbirth) stipulated in Article 16 of the Labor Insurance Regulations (Maternity), including Sundays and statutory holidays, and no compensatory leave will be required.
Article 32
When a female worker or female employee or the wife of a male worker or male employee gives birth to twins or multiple children, the maternity subsidy shall be based on the number of children born to them. number of people, each person will be given 80,000 yuan.
Article 33
If a husband and wife work in the same enterprise or in two enterprises that implement labor insurance, the childbirth subsidy shall be received by the wife and the husband shall not receive it again. .
Article 34
The maternity leave for female workers and female employees who have given birth less than seven months into pregnancy shall be within thirty days, but shall be at least twenty days.
Article 35
When a female worker or female employee gives birth, if the enterprise’s medical clinic, hospital, specially contracted hospital, or specially contracted doctor is unable to deliver the baby, the cost of delivering the baby will also be borne by the enterprise. borne by parties or employers.
Article 36
The labor insurance benefits for temporary workers, seasonal workers and probationary personnel in enterprises that implement labor insurance are tentatively defined as the following:
1. The treatment during the medical treatment period for injuries due to work is the same as that of ordinary workers. If medical treatment for work-related injuries ends and the person is determined to be disabled and has completely lost his or her labor force and then retires, a one-time work-related disability pension will be paid from the labor insurance fund, the amount of which is the person's salary for 12 months; for those who are still able to work despite partial loss of their labor force , appropriate work will be assigned by the enterprise administration or capital.
2. The medical treatment period for illness or non-work-related injuries is limited to three months, and the medical treatment is the same as that of ordinary workers. For those who have been out of work for medical treatment for less than three months, the enterprise administration or employer will pay them sickness and injury leave wages on a monthly basis, the amount of which is 50% of their wages; for those who have not recovered after three months, they will be paid from the labor insurance fund. Illness or non-work-related injury benefits will be paid for the next three months of my salary.
3. In case of death due to work, the enterprise administration or employer will pay funeral expenses, the amount of which is the average salary of the enterprise for three months, and a lump sum payment will be made from the labor insurance fund to support the immediate family members. Pensions: If the person supports one immediate relative, the salary will be paid to the individual for six months; if there are two immediate relatives, the salary will be paid to the individual for nine months; if there are three or more immediate relatives, the salary will be paid to the individual for 12 months.
4. In the event of death due to illness or non-work-related injury, funeral subsidy will be paid from the labor insurance fund, the amount of which is two months’ average salary of the enterprise; another one-time payment will be made from the labor insurance fund. The amount of relief paid to dependent immediate family members is three months' salary of the individual.
5. Pregnancy check-up fees, midwifery fees, maternity subsidy fees and maternity leave for female workers and employees who are pregnant and giving birth are the same as those for ordinary female workers and employees; during the maternity leave period, they will be paid by the enterprise administration or employer. The amount of maternity leave pay is 60% of my salary.
Article 37
Before the promulgation of these detailed rules, the original standards for labor insurance benefits for temporary workers, seasonal workers and probationary workers of each enterprise or its affiliated industry or industry were higher than those of this If the provisions of Article 36 of the detailed rules are not met, payment may still be made according to the original provisions.
Chapter 10 Provisions on Seniority
Article 38
General seniority refers to workers and employees who rely on salary income as all or the main source of their livelihood of working hours. When calculating the general length of service, the length of service of the enterprise should be included.
Article 39
The length of service of the enterprise shall be calculated based on the continuous working time of the workers in the enterprise. If they have resigned, the length of service shall be calculated from the date when they last returned to work in the enterprise. Count up.
However, this does not apply to any of the following circumstances:
1. Whenever a worker is transferred by the enterprise management agency, enterprise administration or capital, the length of service of the enterprise before and after the transfer shall be calculated continuously. However, only those who have confirmed proof that they were transferred due to business needs before liberation can count their length of service in the company continuously.
2. For workers who worked in the company before liberation and were forced to leave their jobs but then returned to the company, if there is conclusive proof, after discussion and approval by the trade union group and approval by the Labor Insurance Committee, they must have The working time after returning to the company can be combined into the calculation of seniority in the company.
3. For domestic and foreign learners who are transferred by enterprise management agencies, enterprise administration or capital after liberation, their study period and the length of service in the enterprise before and after the transfer shall be calculated continuously. Before liberation, those who were transferred to study business at home and abroad by the enterprise management agency, enterprise administration or capital, if there is solid proof, except that the length of service during the study period will not be counted, the length of service in the enterprise before the transfer and after returning to the enterprise may be combined for calculation.
4. After the liberation, due to the suspension of business or reduction of production, the workers and staff were transferred to other enterprises by the enterprise management agency. Their seniority in the enterprise before and after the transfer shall be calculated continuously. If laid-off workers and employees still return to work in the company when the company resumes work or expands production, their length of service in the company before dismissal and after resumption of work should be calculated together.
5. After an enterprise is transferred, reorganized or merged, if the original workers and employees remain in the enterprise, their length of service in the enterprise before and after the transfer, reorganization or merger shall be counted continuously.
6. The entire period of stopping work for medical treatment due to work-related injury shall be calculated as the length of service of the enterprise.
7. If the period of stopping work for medical treatment due to illness or non-work-related injury is less than six months, the employee’s length of service in the enterprise may be calculated continuously; after recovering from the illness for more than six months, if the employee still returns to work in the original enterprise, Except that the period exceeding six months is not counted as seniority, the seniority of the enterprise before and after the period shall be calculated together.
8. Those who were forced to resign under the reactionary rule of the enemy, puppet and Kuomintang in order to oppose their rule and oppression, and who were imprisoned by the enemy, puppet and Kuomintang government during the period of resignation and still continued to struggle, during the period of imprisonment, before resignation and after reinstatement. The length of service in the enterprise or those transferred to work in other enterprises shall be calculated continuously.
Article 40
For revolutionary workers and revolutionary soldiers who are transferred to work in an enterprise, their years of revolutionary work and military service shall be calculated as their length of service in the enterprise.
Article 41
Any worker or employee who holds one of the following positions during the period of enemy and puppet rule and the Kuomintang’s reactionary rule, the time he or she performs in that position will not be counted as seniority:
1. Leaders, supervisors, factory police, mine police and other persons who engage in oppression and exploitation.
2. Officers and soldiers of the enemy, puppet and Kuomintang army and military police, police officers and policemen of the police, officials of the enemy and puppet and Kuomintang government agencies, but does not include personnel in corporate agencies.
3. Those who are members of the Kuomintang district branch or above, the captain or above of the Communist Youth League of the Three Communists, the members of the district party branch of the Youth Party or above, the district branch members of the Communist Party of China or above, the main person in charge of the reactionary Taoist sect .
Article 42
For those who are deprived of political rights, the period of deprivation of political rights will not be counted in the calculation of seniority. For those who are deprived of political rights due to *** crimes, their length of service in the enterprise shall be calculated from the date when their political rights are restored; for those who are deprived of political rights due to other criminal acts, their length of service before they are deprived of political rights and after their political rights are restored The length of service of this enterprise should be calculated together.
Article 43
Paragraphs C and D of Article 15 of the Labor Insurance Regulations regarding the conversion of general length of service and length of service in the enterprise, when calculating various labor insurance benefits , are equally applicable.
Article 44
During the period of apprenticeship in the enterprise, the seniority of service in the enterprise shall be calculated. When temporary workers and probationers are converted into regular workers and staff, their seniority in the enterprise shall be calculated as follows: It shall be calculated from the date of joining the enterprise.
Chapter 11 Provisions on Supporting Immediate Relatives
Article 45
The main source of livelihood for immediate family members of workers and employees depends on workers Those who are provided by employees and meet one of the following provisions can be listed as the immediate dependents of the worker and employee and enjoy labor insurance benefits:
1. The grandfather, father, and husband are over sixty years old. Or those who have completely lost their labor force;
2. Grandmothers, mothers, and wives are not engaged in paid work;
3. Children (including adopted children, children born from ex-wife or ex-husband, Children born out of wedlock), younger siblings (including half-brothers or half-brothers) under the age of sixteen;
4. Grandchildren under the age of sixteen, whose father dies or The mother has completely lost her labor force and has not engaged in paid work.
Article 46
Workers and employees have been brought up by others since childhood. The current dependent man is over sixty years old or has completely lost his labor force, and the woman is not engaged in paid work. , those who must rely on the support of the workers and staff and live with them can be considered as supporting immediate family members.
Article 47
After a worker or employee dies on the job, his or her surviving children may be listed as supporting immediate family members.
Article 48
If the dependent immediate family members of workers and staff do not live in the same place as the workers and staff, they must obtain a certificate from the local government agency that they are indeed dependent on the workers and staff. Only when the person makes a support can he be listed as a supporter of his immediate family members.
Chapter 12 Provisions on Medical Institutions
Article 49
Enterprises that implement labor insurance and have established medical institutions shall, as necessary, If possible, equipment should be enriched and a sound system should be established; if no medical institution has been established, a medical clinic or hospital should be established individually or jointly; if it cannot be established due to conditions, a special hospital or special Chinese and Western doctors should be appointed to provide medical services to sick and injured workers. Staff are responsible for medical treatment. All expenses related to medical clinics, hospitals, specially appointed hospitals, and specially appointed Chinese and Western doctors shall be borne by the enterprise's administration or capital.
Chapter 13: Provisions on sanatoriums, leisure sanatoriums, and nurseries
Article 50
Enterprises that implement labor insurance shall provide Depending on the needs and economic conditions of the enterprise, we can establish sanatoriums, leisure sanatoriums, and nutritious canteens alone or in conjunction with other enterprises. The housing and equipment of nursing homes, leisure nursing homes, and nutrition canteens, staff salaries, and all regular expenses are entirely borne by the enterprise's administration or capital. The food expenses for recuperators and nutritionists may be subsidized if there is any surplus after the labor insurance fund pays various subsidies, relief fees, and pensions. The maximum shall not exceed one-half of the food expenses. For those who cannot afford the food expenses, their subsidy may be increased as appropriate, but shall not exceed two-thirds of the food expenses. The grassroots trade union committee of each enterprise should prepare a budget for food subsidies on a regular basis and submit it to the superior trade union organization in charge of adjustment funds for approval before implementation.
Article 51
If a female worker or employee of an enterprise that implements labor insurance has more than 20 children under the age of four, the grassroots trade union committee shall not cooperate with the enterprise's administration or management Negotiate to set up a nursery alone or jointly with other enterprises (if the conditions for setting up a nursery are not yet met, and there are more than five nursing babies, a nursing room must be set up). The housing equipment, staff wages and all regular expenses are entirely borne by the enterprise's administration or employer. Child care and food expenses are borne by the child care parents. If the child care parents are in real financial difficulties, they may be borne by the labor insurance fund. Subsidy, but the subsidy for each child shall not exceed one-third of the child care and food expenses.
Chapter 14 Provisions on Excellent Labor Insurance Benefits
Article 52
In compliance with the provisions of Article 19 of the Labor Insurance Regulations, enjoy When a worker with excellent labor insurance benefits dies on the job, the pension for his immediate family members will be paid monthly from the labor insurance fund in accordance with the following provisions: If he supports one immediate family member, the pension shall be 30% of the salary of the deceased; If there are two persons, the salary shall be 45% of the salary of the deceased; if there are three or more persons, the salary shall be 60% of the salary of the deceased. This pension is paid until the dependent loses the conditions for being supported.
Article 53
Conforming to the provisions of Article 19 of the Labor Insurance Regulations, when workers and employees who enjoy excellent labor insurance benefits retire from their jobs and take retirement benefits, they will be paid monthly retirement benefits. Fees: For those who have been with the company for five years but less than ten years, it is 60% of their salary; for those who have been with the company for ten years or more and fifteen years, it is 70% of their salary; for those who have been with the company for fifteen years or more For those who have worked for more than five years, it will be 80% of their salary. This benefit is paid until death. If workers and staff members who meet the pension requirements are allowed to continue working due to the needs of the enterprise, in addition to their wages being paid as usual, they will also be paid monthly on-the-job pension subsidies from the labor insurance fund: The enterprise has been working for more than five years but has not yet reached the end of five years. For ten years, it is 20% of my salary; for those who have been ten years but less than fifteen years, it is 25% of my salary; for those who have been fifteen years and above, it is 100% of my salary. Thirty percent. This subsidy is paid until retirement or death.
Chapter 15 Provisions on Application and Payment Procedures for Labor Insurance Expenses
Article 54
Any payment made under the labor insurance fund All pensions, subsidies and relief funds for workers must be applied to the Labor Insurance Committee by workers, staff or immediate family members. The procedures are as follows:
1. When starting the application, the application should be filled out truthfully If proof is needed, the supporting documents should be submitted to the labor insurance officer of the labor union group or the leader of the labor union group to hold a group meeting for discussion to review whether the items filled in are true, and fill in the review opinions in the "Union Group Opinions" column of the application form , signed and sealed, and submitted to the Labor Insurance Committee.
2. After the Labor Insurance Committee receives the application and checks the labor insurance registration card, the director of the Labor Insurance Committee (the Labor Insurance Committee can be convened for discussion if necessary) will approve the labor insurance that should be enjoyed on the application. Benefits and calculation standards, and a payment voucher should be filled in and handed to the applicant along with the application form to the Labor Insurance Accounting Office for withdrawal. If the applicant is receiving monthly payment, a receipt certificate should be issued when the application is approved. The incident must be reported at the regular meeting of the Labor Insurance Committee.
3. The Labor Insurance Committee, based on work needs, may authorize the workshop labor insurance committee to review and approve the labor insurance benefits of workers and staff in accordance with the labor insurance regulations and their implementation rules.
4. After payment is made by the labor insurance accountant, the payment amount and date should be indicated on the application form, signed and sealed, and the application form should be returned to the Labor Insurance Committee for safekeeping.
5. Those who receive labor insurance benefits on a monthly basis should submit the receipt to the Labor Insurance Accounting Office after it has been signed or stamped by the director of the Labor Insurance Committee and the payment voucher is filled in before receiving monthly payments. To receive money, if you or your immediate family members are not in the local area, you must attach a supporting document issued by the local government agency and send it together with the receipt to the Labor Insurance Committee to apply for remittance. The remittance fee and postage will be paid under the Labor Insurance Fund.
Article 55
Pension, subsidy and relief fees paid by the Labor Insurance Committee, if paid on a monthly basis, shall be paid at the latest at the end of each month. If the recipient does not live locally, the Labor Insurance Commission may pay quarterly (once every three months). If issued once, it shall be issued within five days after approval at the latest.
Article 56
Sickness, injury, maternity leave wages and work-related death and funeral expenses paid directly by the enterprise administration or capital shall be paid after monthly payment. Make a table of the person's name, payment standard, and payment amount according to the fee and submit it to the Labor Insurance Committee for reference.
Article 57
Funeral expenses for work-related deaths and funeral subsidies for non-work-related deaths shall be applied for and received by the deceased’s immediate family members or immediate relatives. If there are no such relatives or relatives If you are not in the local area, the grassroots committee of the trade union can collect it on your behalf and be responsible for handling funeral matters.
Article 58
If an enterprise that implements labor insurance moves to other areas, the workers and employees who cannot move with the enterprise will receive monthly pensions, subsidies and Relief fees shall continue to be paid by the provincial and municipal trade unions or the National Committee of Industrial Trade Unions in the adjustment funds; workers and staff who have not recovered from their illnesses and injuries shall continue to receive treatment, which shall be paid by the enterprise administration or the employer in accordance with Article 12A of the Labor Insurance Regulations or Article 13 According to the provisions of Paragraphs A and B, remit medical expenses and