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According to the regulations on work-related injury insurance under the national regulations, all types of enterprises in China should participate in work-related injury insurance in accordance with the regulations, and even foreign companies cannot be exempted, let alone private enterprises. This is a mandatory regulation, if an enterprise refuses to participate in work-related injury insurance, the labor and social security administrative department shall order it to make corrections. If a work-related injury occurs during the period when the employee has not participated in the work-related injury insurance, the employer shall pay all expenses in accordance with the benefits stipulated in the regulations.
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The country's current compulsory insurance is five insurances, namely pension, medical care, unemployment, work-related injury, and maternity. Attention is mandatory, regardless of the type of business must be implemented in accordance with national regulations. Must
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Oh, yes. Better consideration for worker safety!
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Where a staff member of a public institution or social organization that conducts personnel management in accordance with or with reference to the state civil service system suffers an accident injury or suffers from an occupational disease as a result of his or her work, the unit to which he or she belongs shall pay the expenses. The specific measures shall be formulated by the labor and social security administrative department in conjunction with the personnel administration department and the financial department.
Measures for work-related injury insurance of other public institutions, social organizations and all kinds of private non-enterprise units shall be implemented by the administrative department of labor and social security in conjunction with the administrative department of personnel, civil affairs, finance and other departments with reference to these Regulations, and shall be implemented after approval.
Work-related injury insurance is an important part of the social insurance system. It refers to a social security system in which the state and society provide material assistance such as medical treatment, living security, economic compensation, medical treatment and occupation for workers and their relatives who are injured by accidents and occupational diseases in production and work.
The direct consequence of work-related injuries is that they harm the lives and health of employees, and thus cause mental pain and economic losses to employees and their family members, that is to say, the right to life and health, the right to survival and labor rights of workers are affected, damaged or even deprived. In the course of work, in addition to paying wages and benefits to the worker, if an accident unfortunately occurs, resulting in the worker's disability, death or occupational disease, the worker will naturally have the right to enjoy work-related injury insurance. This right of workers is fundamentally guaranteed by the Constitution and the Labor Law of the People's Republic of China.
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Article 62 of the Regulations on Work-related Injury Insurance provides that if an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, it shall be ordered by the social insurance to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed. If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.
Enterprises must pay work-related injury insurance to their employees.
The legal basis is the Social Insurance Law of the People's Republic of China
Chapter IV Work-related Injury Insurance.
Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.
Article 63 Where an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit.
If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their depositary banks or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premiums to be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.
If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.
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No mandatory!
Work-related injury insurance is paid by the company, so you don't have to buy it yourself. Work-related injury insurance premiums shall be paid by the employer, but not by individual employees. The employer shall take the total salary of all employees of the employer as the payment base.
In principle, the average contribution rate of the proportion of work-related injury insurance of the enterprise shall be controlled at about the total salary of the employee, and the benchmark rate of the three types of industries shall be about the total salary of the employee. The total monthly average salary of all employees in the previous year shall be the payment base of the employer, and the average monthly total amount of individual employees shall be calculated based on the average monthly salary income of the employee in the previous year. If the total average monthly wage of units and individual employees is lower than 60% of the average monthly wage of employees in the city in the previous year, 60% of the average monthly wage of employees in this city shall be used as the payment base; The part that is higher than 30% of the average monthly salary of employees in the city shall not be included in the payment base.
According to the Regulations on Work-related Injury Insurance, the employer shall go to the social insurance agency to go through the procedures for the employees to participate in the work-related injury insurance, and the unit participating in the work-related injury insurance for the first time shall prepare the original and copy of the business license of the unit, the original and copy of the certificate of the organization of the unit, the original and copy of the ID card of the legal person of the unit, and the labor contract and ID card of all employees of the unit. After the materials are prepared, go to the social security bureau to fill in the social insurance registration form, pay the salary declaration roster, and pay the employee's work-related injury insurance premium. If there is a change in the personnel after the unit participates in the insurance and payment, the list of changed personnel shall be submitted to the social insurance agency in a timely manner, and the employees who are newly injured in the next month after the unit first participates in the insurance and pay the premiums shall begin to enjoy the work-related injury insurance benefits in accordance with the provisions of the "Regulations on Work-related Injury Insurance".
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Workers' compensation insurance cannot be purchased separately.
Work-related injury insurance is one of the social security insurances.
There is no way for individuals to buy social security alone, and they have to buy it together with social security.
If you work in the company, the employer can buy work-related injury insurance for the employee separately.
Extended information: Work-related injury insurance can be handled at the Social Security Bureau, or you can call 12333 for consultation first. In addition to work-related injury insurance, you can also consider purchasing group accident insurance and group hospitalization medical insurance in commercial insurance, and the cost of each person will vary according to the content of the insurance, the content of the work, the age structure, the number of insured, the past claim experience, etc., about 100 yuan to 200 yuan.
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Analysis of legal provisions: work-related injury insurance is mandatory, and work-related injury insurance is in the form prescribed by the state and must be paid by the unit.
Legal basis: Article 7 of the Regulations on Work-related Injury Insurance** Work-related injury insurance** is composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other funds included in work-related injury insurance** in accordance with law.
Work-related injury insurance is mandatory, and work-related injury insurance is in the form prescribed by the state and must be paid by the unit. Socks.
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If the employer only pays work-related injury insurance, the worker may negotiate with the employer and require him to pay other social insurance; If the employer refuses, the worker may report to the social insurance premium collection agency, which shall order the employer to pay or make up the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment.
Article 84 of the Social Insurance Law of the People's Republic of China provides that if an employer fails to register for social insurance, the administrative department for social insurance and prudence shall order it to make corrections within a specified period of time; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 1,000 yuan. Article 86 of the Social Insurance Law of the People's Republic of China provides that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit, and shall impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.
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Legal analysis: work-related injury insurance Zhengdong is mandatory, and work-related injury insurance is in the form prescribed by the state and must be paid by the unit.
Legal basis: Regulations on Work-related Injury Insurance Article 7 Work-related injury insurance** is composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other funds included in work-related injury insurance** in accordance with law.
Work-related injury insurance is mandatory and is in the form prescribed by the state and must be paid by the unit.
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Legal Analysis: The employer needs to apply for work-related injury insurance: 1. Proof of the existence of labor relationship (including de facto labor relationship) with the employer; 2. The application for work-related injury determination is not in the form; 3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented and corrected at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.
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