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In some areas, it is true that rural households do not need to pay maternity insurance and unemployment insurance, and it is also possible for your unit to do so. However, if you pay voluntarily, the policy is not against it.
Is it reasonable or unreasonable? I don't think it's reasonable. But it's really legal, no way.
The reason for this is that maternity insurance involves the relevant provisions of the state on family planning, and maternity insurance treatment is given to those who meet the requirements of family planning, and for insured persons with rural household registration, most cities have not yet been able to have a better means of screening whether they belong to the scope of family planning, so they have not included maternity insurance in the scope for the time being, and it is believed that with the continuous improvement of relevant laws and regulations, it will be included in the scope in the future;
Since rural household registration personnel are no longer employed, they cannot be defined as unemployed, because they still have land and other means of production, and if they have paid unemployment insurance, they cannot enjoy the corresponding benefits, so the exclusion of unemployment insurance from the scope is a concrete embodiment of the reciprocity of rights and obligations.
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Unreasonable, the maternity insurance does not divide the household registration, but the unemployment insurance is paid even if it is paid because it is a rural household registration, and because there is apportioned land, the rural household registration does not enjoy unemployment insurance benefits. If the company is playing the sidelines, you can't help it.
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Legal analysis: If you have a job, you don't have to pay the personal part, only the unit part, and if you don't have a job, you don't have to pay it. Unemployment insurance is divided into two types according to the nature of the hukou:
Individual employees with urban hukou are required to bear unemployment insurance at a rate of 1%, while individuals with rural hukou do not bear it; In either case, the enterprise bears 2 percent, and when receiving unemployment insurance, the urban household registration will receive it according to the approved number of months, and the rural household registration will receive it in a lump sum.
Legal basis: Social Insurance Law of the People's Republic of China
Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**: (1) the employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed; (2) Interruption of employment not due to the person's will; (3) Those who have already registered as unemployed and have requirements to seek employment.
Article 46 Where an unemployed person has paid contributions for one year but less than five years before he or she becomes unemployed, the maximum period for receiving unemployment insurance money shall be 12 months; If the cumulative contributions have been made for five years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; For those who have made contributions for more than 10 years, the maximum period for receiving unemployment insurance money is 24 months. If a person becomes unemployed again after re-employment, the payment period shall be recalculated, and the period for receiving unemployment insurance money shall be calculated together with the period for which unemployment insurance money should have been received but not yet received in the previous unemployment, and shall not exceed 24 months.
Article 47 The standard of unemployment insurance money shall be determined by the people of the province, autonomous region, or municipality directly under the Central Government, and shall not be lower than the minimum subsistence guarantee standard for urban residents.
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Among them, the maternity insurance is all borne by the unit, and the individual is not responsible. Unemployment insurance premiums shall be paid jointly by the employer and the employee in accordance with the provisions of the state.
Legal basis: Article 44 of the Social Insurance Law of the People's Republic of China Employees shall participate in unemployment insurance, and the employer and the employee shall jointly pay unemployment insurance premiums in accordance with the provisions of the State. Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State.
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The payment of maternity insurance has nothing to do with rural household registration, and maternity insurance can only be enjoyed after paying for at least one year. When an employee enjoys maternity insurance benefits, the employer shall at the same time pay contributions for the employee to participate in maternity insurance for more than one year, and continue to pay for the employee at the same time; Meet the requirements of national, provincial and municipal population and family planning regulations.
[Legal basis].Article 53 of the Social Insurance Law of the People's Republic of China.
Employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with national regulations, and employees shall not pay maternity insurance premiums.
Article 54.
If the employer has already paid the maternity insurance premium, its employees are entitled to maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of maternity insurance**.
Maternity insurance benefits include maternity medical expenses and maternity allowances.
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According to state regulations, peasant contract workers recruited by urban enterprises and institutions are required to participate in unemployment insurance in the same way as urban household registration workers in their own units, but the difference lies in the difference in contributions. According to the regulations, urban enterprises and public institutions must pay unemployment insurance premiums on a monthly basis according to 2 percent of their total wages, and urban household registration workers in urban enterprises and public institutions should pay unemployment insurance premiums according to 1 of their monthly salary income, but individual peasant contract workers do not pay unemployment insurance premiums. Migrant contract workers recruited by an employer who have worked continuously for one year, have paid unemployment insurance premiums, and have not renewed their labor contracts or terminated their labor contracts ahead of schedule after the expiration of their employment contracts may enjoy a one-time living allowance.
Article 45 of the Social Insurance Law provides that an unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**:
1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed;
2) The employment is interrupted not due to the person's will;
(3) Those who have already registered as unemployed and have requirements to seek employment. Notes:
Clause. 1. If the company does not pay social security, it can request to pay social security. Social security should be handled one month after employment, and if it is not handled, you can complain to the social security department.
Clause. 2. If it is illegal for the company to not sign a contract, the company may be required to pay double the salary for not signing a written labor contract.
Clause. 3. If the company terminates the labor contract illegally, it will also be liable for compensation, and the standard of compensation is twice the economic compensation. If the employee resigns, he or she may request the employer to pay severance compensation.
Clause. 4. If you have worked in the company for one year, the company will terminate the labor contract and pay unemployment insurance money.
Clause. 5. If the company has overtime work, it must pay overtime wages and additional compensation according to the statutory standards.
Clause. 6. If the company deducts wages, it shall also pay the wages in full and pay additional compensation.
Clause. 7. If it involves work-related injuries, the unit shall apply first, and the unit shall not apply within 30 days, and shall apply by itself as soon as possible. In addition, please keep the evidence that can prove the employment relationship between you and the employer, such as work badge, uniform, pay slip or salary entry certificate, and the recording of the call with the person in charge.
Clause. 8. For the above disputes, if it is impossible to negotiate, you can go to the labor inspection department to complain, or you can file a labor arbitration, and if you are not satisfied with the arbitration result, you can entrust a lawyer to file a lawsuit with the people's court.
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