The original text of the Labor Insurance Regulations, and whether the detailed rules for the impleme

Legal Analysis: The Regulations of the People's Republic of China on Labor Insurance and the Draft Amendments to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance have not been repealed, but their main body has been replaced by the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Social Insurance Law of the People's Republic of China and their related laws and regulations, and most of their contents are no longer applicable.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The principles of legality, fairness, equality, voluntariness, consensus, and good faith shall be followed in the conclusion of a labor agreement. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall quietly perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 If an employer and a worker reach a consensus through consultation, they may terminate the labor contract and the worker.

Article 1 of the first paragraph of Article 2 of the Labor Insurance Regulations of the People's Republic of China stipulates that "more than 100 employees" refers to the number of employees in factories and mines, excluding the number of enterprise management organs and affiliated units. When calculating the number of personnel, it includes wage system, ** system personnel and apprentices, temporary workers (except temporary construction workers and porters) and probationary personnel. Article 2 Where an enterprise implements labor insurance, its business management organs and affiliated units shall implement the labor insurance regulations at the same time as the enterprise.

An enterprise management organization refers to an organization whose total funds are used for enterprise income, capital construction expenses, and operating expenses. "Affiliated units" refer to the relevant business, employee culture, education, welfare and other institutions affiliated to the enterprise.

Extended Materials. 1.Article 3 The workers of the units to which the enterprises and the workers of the trade unions belong to the enterprises that implement labor insurance shall not be directly managed or paid by the enterprises, but shall be paid by the paying units for their maternity leave, sickness, work-related injuries, and funeral expenses for work-related injuries, and the wages paid by the units shall be 3 percent of the total wages of the units (the labor insurance premiums of the members of the basic committees of the trade unions who formerly worked in the enterprises shall be paid by the management or management of the enterprises).

The medical expenses of employees, employees and trade union employees during the medical treatment period shall be borne by the management or management of the enterprise in accordance with the provisions of the "Labor Insurance Regulations". Article 4 The personnel of the enterprise system that implements labor insurance shall still handle it in accordance with the provisions of the system, and the labor insurance regulations shall not apply. Armed guards of factories and mining enterprises, and servicemen on active duty under the organizational system of the People's Liberation Army, still enjoy the various benefits of the People's Liberation Army, and the labor insurance regulations do not apply.

Article 5 If an enterprise that does not enforce the labor insurance regulations concludes a collective labor insurance contract, it shall, in accordance with the spirit of the "Labor Insurance Regulations" and the actual conditions of the enterprise, industry, and industry, hold consultations and report to the local labor administrative organ for approval.

2.The labor insurance premiums stipulated in the collective agreement shall be borne by the management or management of the enterprise. Chapter 2 Provisions on Total Wages Article 6 When enterprises implementing labor insurance pay labor insurance benefits in accordance with Article 8 of the "Labor Insurance Regulations", the calculation of total wages shall be handled in accordance with the provisions on the composition of total wages announced by the Financial and Economic Committee of the People's Administrative Units.

Article 7 of Chapter 3 "Labor Insurance and Welfare Calculation Standards" When the wages of workers and employees are calculated on a daily or monthly basis, if they are calculated on the basis of labor insurance benefits or on their own wages, the daily and monthly wages of employees shall be used as the calculation standard. Article 8 The wages of workers and staff members shall be calculated on a partial basis, and if they are calculated on the basis of their own wages, they shall be calculated on the basis of the average daily wages of workers for three months. If the total working time is less than 3 months, it shall be calculated on the basis of the average daily wage of the employee on the actual working day.

However, if the sick leave is less than 7 days, the average daily wage of the above-mentioned month shall be used as the calculation standard. Article 9 If an employee receives a work-related injury or disability allowance, retires or dies, and receives a pension, relief or subsidy according to the labor insurance salary, it shall be calculated together with the work-related injury and disability allowance.

The specific rules and provisions of the Law of the People's Republic of China on Ensuring High Risks have a total of eight chapters and 185 articles. Because I know that the number of words is limited, I can't display the full text, so if you are interested, please refer to the Insurance Law of the People's Republic of China.

The Insurance Law is a law enacted to regulate insurance activities, protect the legitimate rights and interests of the parties involved in insurance activities, strengthen the supervision and management of the insurance industry, safeguard the social and economic order and social public interests, and promote the healthy development of the insurance industry.

Extended reading: [Insurance] How to buy, which one is better, teach you socks to avoid these insurance"pits"

It is a basic legal obligation of employers to participate in social insurance for their employees, and this legal obligation has been confirmed by China's Labor Law, Labor Contract Law, Social Insurance Law and other laws.

Legal basis: Labor Contract Law of the People's Republic of China

3. If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the labor contract.

Article 47 Economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of one month's wages for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Labor law insurance stipulates that employers should purchase social insurance for employees within 30 days of their employment.

The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay. Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration.

Employers and individuals pay social insurance premiums in accordance with the law. The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to ensure citizens' right to receive material assistance from the State and society in accordance with the law in the event of old age, illness, work-related injury, unemployment, childbirth, and so forth. It is illegal for an enterprise not to pay endowment insurance, or to give a part of the money for employees to pay by themselves.

You can defend your rights with the local labor dispute arbitration department.