1, bankruptcy
Bankruptcy refers to a legal system in which the creditor or debtor requests the court to declare bankruptcy and repay the debt according to the bankruptcy procedure when the debtor is unable to repay the debt or insolvent. The narrow bankruptcy system only refers to the bankruptcy liquidation system, and the broad bankruptcy system also includes the reorganization and reconciliation system. Bankruptcy refers to a kind of enterprise behavior and economic behavior in most cases. However, people are sometimes used to saying that individuals or companies stop operating, which is also called bankruptcy.
2. Medical insurance
Medical insurance refers to social medical insurance. Social medical insurance is a social insurance system established by the state and society according to certain laws and regulations to provide basic medical needs for workers within the scope of protection. The basic medical insurance fund consists of overall funds and individual accounts. The basic medical insurance premiums paid by individual employees are all included in individual accounts; The basic medical insurance premium paid by the employer is divided into two parts, one part is included in the personal account, and the other part is used to establish the overall fund. 20 12 in April, Huang Jiefu, vice minister of health, expressed support for the proposal of Zhu Chen, minister of health, to include smoking cessation drugs in medical insurance.
20 16 65438+ 10/2 the State Council issued "opinions on integrating the basic medical insurance system for urban and rural residents" to promote the integration of medical insurance for urban residents and the new rural cooperative medical system, and gradually establish a unified national medical insurance system for urban and rural residents.
On February 20th, 2065438+0616, Ministry of Human Resources and Social Security held a video conference on the nationwide networking of basic medical insurance and direct settlement of medical treatment in different places, and signed letters of responsibility with the first batch of 22 provinces including Beijing, which applied for nationwide networking of basic medical insurance and direct settlement of medical treatment in different places, marking the formal implementation stage of direct settlement of medical treatment in different places.
Second, medical insurance cases after the bankruptcy of enterprises
1. Mr. Dong called our news hotline for consultation. After the bankruptcy of the enterprise, medical insurance and endowment insurance have all been stopped, but the enterprise has issued unemployment certificates to employees, indicating that employees can enjoy unemployment insurance benefits. During the period of enjoying unemployment insurance, how should individuals continue to pay medical insurance and endowment insurance?
2. The Management Office of Unemployed Workers of the Municipal Labor and Employment Service Bureau replied that Mr. Dong's bankrupt enterprise is currently going through the examination and approval procedures for unemployment benefits in the unemployment insurance department of the social security center, and it is expected that it will be completed in the near future, when employees can enjoy unemployment benefits. According to the spirit of the notice issued by the Municipal Bureau of Human Resources and Social Security and the Municipal Finance Bureau, the unemployed will participate in the basic medical insurance, and the maternity insurance and serious illness medical insurance in the place where the employees participated in the unemployment insurance before unemployment will be paid by the unemployment insurance fund from the month when they go through the formalities for receiving unemployment insurance benefits (the standard and time limit for receiving unemployment insurance benefits are calculated according to their working years), and the unemployed individuals will not pay the medical insurance premiums. Unemployed persons will be recognized separately, and there will be no waiting period, and the previous arrears will not be paid temporarily. Unemployed persons shall enjoy the benefits of medical insurance and maternity insurance for employees according to regulations from the month when they pay the medical insurance and maternity insurance for employees.
3. The staff also indicated that during the period of receiving unemployment insurance benefits, the old-age insurance needs to be paid by unemployed workers as flexible employees. As the examination and approval procedures for Mr. Dong's unemployment benefits have not yet been completed, he still needs to wait until he enters the state of receiving unemployment benefits before he can take unemployment cards and other relevant documents to the social security center window of the municipal administrative hall to collect them. In addition, after the unemployment benefits expire, the unemployed workers can transfer the relationship between the original medical insurance and endowment insurance to the unemployed workers management office of the Municipal Labor and Employment Service Bureau as an agent. When the flexible employees renew their insurance, the two premiums must be paid by the unemployed individuals.
Three. Relevant laws and regulations
1, the State Council Guofa [1994] No.59 and Guofa [1997] 10 stipulate: "The retirement expenses of retired employees of bankrupt enterprises shall be managed by local social endowment insurance institutions.
2. DocumentNo. [1998] 10 issued by the Central Committee of the Communist Party of China and the State Council stipulates: "For laid-off workers, regardless of whether they are employed or no longer employed, the past continuous length of service and the payment period of old-age insurance will be combined with the later payment period, and when they reach the statutory retirement age, they will enjoy corresponding old-age insurance benefits according to regulations."
To sum up, the closure of enterprise employee medical insurance should be treated in stages. For a period of time after the bankruptcy of the enterprise, your medical insurance will be paid by the unemployment insurance fund you paid before. After the insurance fund is paid, if the insurance has not been renewed in the new company, you need to pay the premium yourself.