Article 36 of the 2019 Regulations on Work related Injury Insurance

New Regulations on Work-related Injury Insurance: Migrant workers in the construction industry are included in work-related injury insurance.

Opinions on Further Improving Work-related Injury Insurance in the Construction Industry" requires that 36 million migrant workers in the construction industry will be included in work-related injury insurance. The opinions are clear, construction enterprises should participate in work-related injury insurance for their fixed employees in the manner of employers; For those who cannot participate in the insurance according to the employer, especially the migrant workers, they can participate in the insurance according to the construction project, and they can give priority to the procedures for participating in the work-related injury insurance among the various social insurances. For projects that fail to submit proof of participation in work-related injury insurance according to the project and fail to implement safety construction measures, no construction permit will be issued.

In addition, the opinions also clarify the method of calculating and paying work-related injury insurance premiums and ensure that the payment funds **: if the project is insured as a unit, the work-related injury insurance premium can be calculated and paid according to a certain proportion of the total project cost; The construction unit shall separately list the work-related injury insurance premium in the project budget estimate, participate in the bidding as a non-competitive fee, and pay it in a lump sum by the general construction contractor before the start of construction. For those who have suffered work-related injuries during the construction of the insured project and have not completed the identification of work-related injuries when the project is completed, they are entitled to various work-related injury insurance benefits in accordance with the law.

The opinions also supplement and improve the conditions for the advance payment of work-related injury insurance: if the employees of an uninsured construction project are injured at work, the employer shall pay the work-related injury benefits in accordance with the law, and the general contractor and the construction unit shall bear joint and several payment liabilities at the same time; If the above-mentioned units do not pay, the work-related injury insurance** shall pay in advance and recover from the above-mentioned units in accordance with the law.

Employees who are identified as grade 5 or grade 6 disability due to work-related disability shall enjoy the following benefits: 1. A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability; 2. Retain the labor relationship with the employer, and the employer will work appropriately.

If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. Article 5 of the Regulations on Work-related Injury Insurance*** The social insurance administrative department is responsible for the work-related injury insurance work nationwide.

The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas. The social insurance agency (hereinafter referred to as the agency) established by the social insurance administrative department in accordance with the relevant provisions of the social insurance department specifically undertakes work-related injury insurance affairs.

The Regulations of the People's Republic of China on Work-related Injury Insurance were adopted at the 5th executive meeting on April 16, 2003, and promulgated by Order No. 375 of the People's Republic of China on April 27, 2003, and came into force on January 1, 2004.

Decree No. 586 of the People's Republic of China, "Decision on Amending the Regulations on Work-related Injury Insurance" was adopted at the 136th executive meeting of the People's Republic of China on December 8, 2010 and came into force on January 1, 2011.

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