Work - related Injury Insurance Regulations(2003)

Promulgated by the State Council on 27 April 2003 and effective as of 1 January 2004.

PART ONE GENERAL PROVISIONS

Article 1 These Regulations are formulated in order to guarantee availability of medical treatment and economic compensation to staff and workers that suffer from work-related accidental injury or occupational disease, to promote prevention of work-related injury and vocational rehabilitation, and to distribute work-related injury risks of employers.

Article 2 All types of enterprises and sole traders that hire workers (Employer(s)) shall participate in work-related injury insurance and pay work-related injury insurance premiums for all of the staff and workers or hired workers in their work unit (Employee(s)) in accordance with the provisions hereof.

The Employees of all types of enterprises and the hired workers of sole traders in the People's Republic of China shall have the right to enjoy the benefits of work-related injury insurance in accordance with the provisions hereof.

The specific steps and implementing procedures for participation of sole traders that hire workers in work-related injury insurance shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Article 3 Collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions in the Collection and Payment of Social Insurance Premiums Tentative Regulations regarding collection and payment of basic old age insurance premiums, basic medical insurance premiums and unemployment insurance premiums.

Article 4 An Employer shall announce within the work unit the relevant details of its participation in work-related injury insurance.

An Employer and its Employees shall abide by the laws and regulations regarding safe production and prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent occurrence of work-related injury accidents and avoid and mitigate the harms of occupational diseases.

If an Employee suffers from work-related injury, the Employer shall adopt measures to ensure that such Employee receives timely rescue and treatment.

Article 5 The administrative department of labour security of the State Council shall be in charge of the work of work-related injury insurance throughout the country.

The administrative departments of labour security of all levels of local people's governments at the county level and above shall be in charge of work-related injury insurance work within their respective administrative areas.

The social insurance agencies established by the administrative departments of labour security in accordance with relevant provisions of the State Council (Agency/Agencies) shall undertake the practical affairs of work-related injury insurance.

Article 6 Administrative departments of labour security and other departments shall seek the opinion of trade unions and representatives of Employers when formulating policies and standards for work-related injury insurance.

PART TWO WORK-RELATED INJURY INSURANCE FUNDS

Article 7 Work-related injury insurance funds shall be composed of work-related injury insurance premiums paid by Employers, interest on work-related injury insurance funds and other funds paid into the work-related injury insurance funds in accordance with law.

Article 8 The premium rate for work-related injury insurance shall be determined on the principles that receipt be determined on the basis of payment and that receipt and payment be balanced.

The State shall determine premium rate differentials between industries according to the degree of risks of work-relat

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  Source: ACFTU  2014-08-26

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