Article 1 Purpose and Basis These Procedures are formulated with a view to ensuring the basic life of the unemployed people during the period of unemployment Article 2 Scope of Application These Procedures apply to the town enterprises, government agencies, institutions, social organizations and the other units Article 3 Sources of the Fund The unemployment insurance fund comes mainly from the following: 1. Unemployment insurance premium paid by the unit and the employees; 2. Income from the interest gained from the unemployment insurance fund; 3. Overdue fines; 4. The fiscal subsidies from the local government when the unemployment insurance fund is insufficient; and 5. Other funds legally incorporated into the unemployment fund. Article 4 Registration of Unemployment Insurance All the units that fall within These Procedures shall register unemployment insurance for the units and their employees Newly-established units shall complete the procedures of the unemployment insurance registration in the social Article 5 The Ratio and the Base of Payment A unit shall pay the unemployment insurance premium at the rate of 2% of the unemployment insurance base due in that month. An employee The peasant-turned contract worker employed by the unit does not pay the unemployment insurance premium. The payment base of the unemployment insurance premium is determined by the payment base of endowment insurance premium. Article 6 Time and Mode of Payment A unit shall pay monthly unemployment insurance premium to the social security administrative center while the unemployment insurance Article 7 The Channels through Which the Unemployment Insurance Premium Shall be Entered The unemployment insurance premium paid by the units shall be entered as expenditures through the following channels: 1. Entered as expenditures before tax for enterprises; 2. Entered as administrative expenses or operating expenses for the government agencies, social organizations and institutions. Article 8 Unemployment Registration and Application for Unemployment Insurance Benefits When a unit terminates or discontinues the labor or working relationships with the employees, it shall inform them The unemployed persons shall go through the formalities of the unemployment registration and the unemployment insurance The employees who underwent education through labor or were sentenced into imprisonment but are now released from prison or Article 9 Verification of Application The employment service institutions shall examine and verify the applications of the unemployment insurance benefits of Article 10 Requirements of Getting the Unemployment Insurance Benefits Those who satisfy the following requirements may get the unemployment insurance benefits: 1. Discontinuing employment not out of one’s own wishes within the legal labor age; 2. Having the registered regular permanent residency of this Municipality; 3. Paying the unemployment insurance premium regularly in accordance with the procedures during one’s employment; 4. Paying the unemployment insurance premium for 1 year before discontinuing or terminating one’s labor or working relationships; 5. Going through the formalities of the unemployment registration and the unemployment insurance benefits application in accordance The unemployed persons may enjoy other unemployment treatments in accordance with These Procedures during the period of Article 11 Computation of Time Limit of Receiving the Unemployment Insurance Benefits The time limit of an unemployed person getting the unemployment insurance benefits shall be computed in accordance with If the successive payment of the unemployment insurance premium made by the unemployed person is less than 1 year but the accumulated Article 12 The Incorporated Computation of the Remaining Time Limit If the unemployed person does not receive the unemployment insurance benefits, the time limit may be kept. When he or she is Article 13 Computation of the Unemployment Insurance Benefits Standard The standard for receiving the unemployment insurance benefits from the 1st month to 12th month is determined by the number of The standard of the unemployment insurance benefits shall be lower than the floor wages of the Municipality of the year but Article 14 Receiving the Unemployment Insurance Benefits The unemployed persons, after going through the formalities of the unemployment insurance benefits application, may Article 15 Situations Where the Receiving of the Unemployment Insurance Benefits Is Suspended The unemployed persons with any of the following situations shall be suspended from receiving the unemployment insurance benefits; 1. Being conscripted; 2. Being enrolled into the full-time institutions of middle or higher education; 3. Being engaged in remunerative jobs; or 4. Undergoing education through labor or being sentenced into prison. Article 16 Situations where the Receiving of the Unemployment Insurance Benefits Is Stopped The unemployed persons with any of the following situations shall be stopped from receiving the unemployment insurance benefits: 1. Reaching the legal retirement age; 2. Emigrating to other countries; or 3. Refusing the employment opportunities for 3 times provided by the employment service center without proper reasons. Article 17 Subsidies for Child-bearing If an unemployed woman gives birth to a child during the unemployment insurance benefits receiving period, and if it conforms Article 18 Subsidies for Medical Care If an unemployed person gives birth to a child or contracts a disease during the unemployment insurance benefits receiving period, The standard for the medical subsidies is 70% of the of the medical expenses enjoyed by the unemployed persons. If the medical Article 19 Subsidies for Funeral and Subsidies in Compensation of the Bereaved Family If an unemployed person dies during the unemployment insurance benefits receiving period, his or her family may apply to the employment The standard of subsidies for funeral or lump-sum bereavement compensation in support of the lineal relative(s) is by Article 20 Unemployment Subsidies An unemployed person, though not qualified for the unemployment insurance benefits, may apply to the employment service 1. Conforming to the stipulations of the Items 1, 2, 3 and 5 of Article 10 of These Procedures yet the successive payment 2. The unemployment insurance benefits expires but it is difficult to get a job because of a serious disease or life is difficult 3. A peasant-turned contract worker employed by a unit which pays the unemployment insurance premium successively and his work The standard of unemployment subsidies is the same as the standard of the lowest life guarantee of the townsfolk of the year. If an unemployed person in the stipulations of Section 1 of this Article gives birth to a child or contracts a disease during An unemployed old person who pays unemployment insurance premium for many years may apply for unemployment subsidy apart from Article 21 Receiving Fund in Support of Production An unemployed person who is permitted to open a private enterprise, take up individual business or organize employment by themselves Article 22 Special Stipulations Regarding the Unemployed Persons Approaching Retirement When the term of receiving the unemployment insurance benefits expires, an unemployed person may, if he or she is still difficult Article 23 Retirement of the Unemployed Persons When an unemployed persons reach the legal retirement age during the unemployment period, he or she shall stop receiving Article 24 Employment Services The employment service institutions shall provide the unemployed persons with the services like vocational training, job recommendation Article 25 The Uses of the Fund The unemployment insurance fund is used in the following: 1. Unemployment insurance benefits; 2. Medical and child-bearing subsidies when receiving the unemployment insurance benefits; 3. Funeral subsidy and bereavement compensation in support of the spouse or lineal relatives when the unemployed person dies 4. Unemployment subsidies; and 5. The expenses needed by the employment service institutions for providing vocational training, job recommendation and vocational Article 26 Overall Arrangement and Tax-exemption of the Fund The unemployment insurance fund is given overall consideration by the Municipality. The unemployment insurance fund is exempt from taxes and other charges. Article 27 Expenditures of the Employment Service Institutions The expenses needed by the employment service institutions are appraised and decided by the Municipal Labor Bureau and Social Security Article 28 Administrative Penalty Anyone who violates These Procedures will be given a penalty by the administrative departments of labor and social security Article 29 Treatments of Disputes An individual may apply to the district or county labor disputes arbitration commission where the unit is located for arbitration Article 30 Treatment of the Administrative Agencies who Perform Illegal Actions The administrative bodies of labor and social security, the employment service institutions and the working staff shall manage Article 31 Stipulations Regarding the Number of Years of Payment The work seniority of the employees before October 1, 1998 is regarded as the number of years for the payment of the unemployment Article 32 Others The unemployment insurance of the self-employed business person of this Municipality, the employed persons in other labor organizations Article 33 Departments Responsible for Interpretation The Municipal Labor and Social Security Bureau shall be responsible for the specific interpretation of the application of these Article 34 Effective Date These Procedures shall become effective on April 1, 1999. The Procedures of Shanghai Municipality on Unemployment Insurance promulgated
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MOFTEC P.R.C. |
EDITOR:Victor |