No. 157
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Measures of Harbin Municipality on Unemployment Insurance
The measures for unemployment insurance in Harbin have been adopted at the fourth executive meeting of the Municipal People's Government on March 3, 2007, and are hereby promulgated and shall come into force as of May 6, 2005.
Mayor of Zhang Xiaolian
April 2007 16
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the relevant national and provincial laws and regulations and in light of the actual situation of this Municipality, in order to ensure the basic livelihood of the unemployed during unemployment and promote their re-employment.
Article 2 These Measures shall apply to enterprises, institutions, social organizations and private non-enterprise units (hereinafter referred to as employing units) and their employees within the administrative area of this Municipality. Flexible employees, urban individual industrial and commercial households and their employees can participate in unemployment insurance in accordance with the provisions of these measures, fulfill their payment obligations, and enjoy unemployment insurance benefits after unemployment.
Article 3 The term "unemployed persons" as mentioned in these Measures refers to those who have the ability to work within the legal working age, are unemployed, ask for employment but have not found employment, and have participated in unemployment insurance.
Article 4 Employers and employees must participate in unemployment insurance and fulfill their payment obligations. Unemployed people have the right to enjoy unemployment insurance benefits according to law.
Article 5 Unemployment insurance shall be combined with employment services such as vocational training and employment introduction, and the unemployed shall be encouraged and supported to find their own jobs and organize themselves voluntarily for employment.
Sixth municipal labor and social security administrative departments in charge of the city's unemployment insurance. District, county (city) administrative departments of labor and social security shall be responsible for unemployment insurance within their respective jurisdictions in accordance with their functions and powers. City, district and county (city) unemployment insurance agencies set up by the administrative department of labor security (hereinafter referred to as the administrative department of labor security) specifically undertake unemployment insurance work. Finance, auditing, industry and commerce, taxation, statistics, civil affairs and other administrative departments and financial institutions shall cooperate with the administrative department of labor security to do a good job in unemployment insurance.
Chapter II Registration of Unemployment Insurance
Article 7 An employing unit shall, within 30 days from the date of its establishment, apply to the unemployment insurance agency for unemployment insurance registration with the following materials:
(1) Business license, certificate of approval for establishment or other certificate of approval for practice;
(2) Organization code certificate;
(3) The account number of the bank where the account is opened and the list of employees;
(4) social insurance registration form.
Eighth urban individual industrial and commercial households and their employees to participate in unemployment insurance, should hold the following materials to the unemployment insurance agency for unemployment insurance registration:
(1) Business license or other approval certificate;
(2) List of banks and employees;
(3) social insurance registration form. Flexible employees who participate in unemployment insurance shall go through the registration formalities at the flexible employment insurance agency.
Article 9 Where the registered items of unemployment insurance of an employer are changed or the payment obligation is terminated according to law, it shall, within 30 days from the date of change or termination, go through the formalities for changing or canceling the unemployment insurance registration at the unemployment insurance agency. Before going through the cancellation of unemployment insurance registration, the employer shall settle the unemployment insurance premium and late payment fee payable in accordance with the regulations.
Tenth unemployment insurance registration shall be subject to territorial management. The unemployment insurance registration of employers across the overall planning areas shall be determined by the unemployment insurance agencies in the relevant areas through consultation.
Chapter III Collection and Payment of Unemployment Insurance Premium
Eleventh unemployment insurance premiums shall be paid in accordance with the following standards:
(a) the employer pays more than 2% of the total wages of all employees of the unit every month;
(2) Employees shall pay 106 of their average monthly salary in the previous year.
(three) the farmer contract workers themselves can choose to pay or not pay unemployment insurance premiums according to 0% of their average monthly salary in the previous year;
(4) Individual industrial and commercial households can pay 2% of the total wages of their employees in the previous year, and employees can pay unemployment insurance premiums at 1% of their average monthly wages in the previous year; Flexible employees and urban individual industrial and commercial households owners can pay unemployment insurance premiums at 306% of their pension insurance premium payment base every month. If the payment base mentioned in the preceding paragraph of this article is lower than 60% of the average wage of employees in urban units in this city or county (city) last year, the payment base shall be determined according to 60% of the average wage of employees in urban units. Flexible employees, urban individual industrial and commercial households and their employees can not determine the monthly wage standard, according to the average wage of employees in urban units to determine the payment base of 60%. The average monthly salary of employees in last year is calculated according to the items listed in the statistics of total wages stipulated by the National Bureau of Statistics.
Twelfth payment base is determined according to the monthly salary of new employees of the employing unit in that year. The newly established employees of the employing unit shall determine the payment base according to the average wage of employees in urban units in this city in the previous year.
Article 13 If the employer fails to declare the unemployment insurance premium that should be paid according to the regulations, the unemployment insurance agency will temporarily determine the amount of unemployment insurance premium that should be paid by the employer according to 1 10% of the amount that should be paid by the employer last month; If there is no payment amount last month, the payment amount shall be determined according to the operating conditions of the employer and the number of employees. After the employing unit has gone through the declaration formalities, the unemployment insurance agency shall make settlement in accordance with the provisions.
Article 14 Unemployment insurance premiums paid by units and employees shall be paid before tax.
Fifteenth employers and individual employees shall pay unemployment insurance premiums in the form of money every month within the prescribed time limit. The unemployment insurance premium that individual employees should pay shall be withheld and remitted by the employer.
Article 16 The employing unit shall declare the amount of unemployment insurance premium payable to the unemployment insurance agency before the 20th of each month, and pay it to the local tax authorities after being approved by the unemployment insurance agency.
Seventeenth unemployment insurance premiums shall not be reduced. Where an employer is unable to pay unemployment insurance premiums due to production suspension or semi-production suspension, it shall apply to the local administrative department of labor and social security for examination and approval of holdover, and determine the holdover period. The late payment fee is exempted during the deferred payment period.
Article 18 If an employer goes bankrupt according to law, it shall pay off the unpaid unemployment insurance premium in accordance with the legal payment order.
Article 19 The employing unit shall announce the annual unemployment insurance premium payment to the employees and accept the supervision of the employees. The administrative department of labor and social security, local tax authorities and unemployment insurance agencies shall announce the unemployment insurance service system, regularly announce the collection and payment of unemployment insurance premiums to the society, and accept social supervision.
Twentieth unemployment insurance agencies should establish payment records, record the payment of employers and employees, and ensure the safe and complete preservation of payment records. Payment units and individuals can go to the unemployment insurance agency to inquire about the payment situation.
Chapter IV Management of Unemployment Insurance Fund
Article 21 The unemployment insurance fund consists of the following items:
(1) Unemployment insurance premiums paid by employers and individual employees;
(2) Interest of the unemployment insurance fund;
(3) Late payment fees for unemployment insurance premiums;
(4) financial subsidies;
(five) other funds included in the unemployment insurance fund as stipulated by laws and regulations.
Twenty-second unemployment insurance funds to implement the overall management of the city, the county (city) unemployment insurance agencies set up unemployment insurance working capital basic account, as the reimbursement unit of unemployment insurance funds. The working capital of unemployment insurance shall be used in accordance with the expenditure items and standards of the unemployment insurance fund.
Twenty-third city unemployment insurance agencies in accordance with the collection of unemployment insurance premiums 10% of the total preparation of quarterly unemployment insurance swap plan, by the municipal finance department turned over to the provincial finance department. When the unemployment insurance fund is insufficient, the municipal labor security administrative department shall apply to the provincial labor security administrative department for adjustment. If there is still a gap after adjustment, it will be subsidized by the finance at the same level. The specific measures for financial subsidies shall be formulated separately by the municipal finance department in conjunction with the municipal labor and social security administrative department.
Article 24 The unemployment insurance fund shall be used for the following expenses:
(1) unemployment insurance benefits;
(2) Medicaid during the period of receiving unemployment insurance benefits;
(3) maternity grants during the period of receiving unemployment insurance benefits;
(4) Funeral grants for death during the period of receiving unemployment insurance benefits and pensions for dependent spouses and immediate family members;
(five) a one-time living allowance for farmers' contract workers to terminate their contracts;
(6) Subsidies for receiving vocational training and job introduction during the period of receiving unemployment insurance benefits;
(seven) other expenses related to unemployment insurance as stipulated by the state and the province.
Article 25 The unemployment insurance premium collected by the local tax authorities shall be transferred to the special financial account of the unemployment insurance fund set up by the financial department in financial institutions on a regular basis, and two lines of revenue and expenditure management shall be implemented. The unemployment insurance agency shall, in accordance with the provisions of the state, open a special account for the expenditure of the unemployment insurance fund and keep a certain amount of working capital. The unemployment insurance fund is used to purchase government bonds or transfer time deposits according to regulations.
Twenty-sixth the budget and final accounts of the unemployment insurance fund shall be compiled by the unemployment insurance agency, audited by the administrative department of labor security and the financial department, and submitted to the people's government at the same level for approval.
Twenty-seventh unemployment insurance funds must be earmarked, and shall not be used for other purposes, and shall not be used to balance fiscal revenue and expenditure.
Twenty-eighth unemployment insurance funds in accordance with state regulations, after deducting taxes and fees, the balance of the current year can be carried forward to the next year.
Twenty-ninth unemployment insurance fund financial system and accounting system in accordance with the relevant provisions of the state and province.
Thirtieth the administrative department of labor security and its subordinate unemployment insurance agencies shall establish and improve the internal audit system of unemployment insurance funds. The financial and auditing departments shall strengthen the supervision of the income and expenditure and management of the unemployment insurance fund.
Thirty-first unemployment insurance agencies need funds, included in the fiscal budget, allocated by the financial.
Chapter V unemployment insurance benefits
Article 32 Unemployed persons who meet the following conditions may apply for unemployment insurance:
(a) the employer and its employees, urban individual industrial and commercial households and their employees, flexible employees in accordance with the provisions to participate in unemployment insurance 1 year and pay unemployment insurance premiums in full;
(two) the expiration of the labor contract, the labor contract has not been renewed or has not been employed by other units;
(three) the employment is not interrupted because of my will;
(four) in accordance with the provisions of the unemployment registration, and put forward job requirements. Unemployed persons enjoy other unemployment insurance benefits during the period of receiving unemployment insurance benefits.
Article 33 The time limit for unemployed persons to receive unemployment insurance benefits is that employers and employees before unemployment can receive unemployment insurance benefits for two months every 1 year, and the longest period shall not exceed 24 months. If the unemployed are unemployed again after re-employment, the payment time will be recalculated, and the time limit for receiving unemployment insurance benefits can be combined with the time limit for receiving unemployment insurance benefits from the previous unemployment, but the maximum time limit shall not exceed 24 months.
Article 34 1 July, 19981The continuous length of service calculated in accordance with the relevant provisions of the state shall be regarded as the payment time, which shall be combined with the payment time after the individual pays the unemployment insurance premium, and the time limit for receiving the unemployment insurance premium shall be approved.
Article 35 The calculation and payment standard of unemployment insurance benefits shall be based on the principle of being lower than the minimum wage standard of this Municipality and higher than the minimum living standard of this Municipality by 20%. According to the per capita income and per capita consumption level of this Municipality, the municipal labor and social security administrative department shall put forward a plan and implement it after approval in accordance with the prescribed procedures. Unemployed people who have not been re-employed after the expiration of unemployment insurance benefits and are less than two years away from the statutory retirement age can continue to enjoy the unemployment insurance benefits. The standard for receiving unemployment insurance benefits is 80% of the original standard. After reaching the statutory retirement age, stop receiving unemployment insurance benefits and enjoy old-age insurance benefits according to regulations.
Article 36 During the period of receiving unemployment insurance benefits, the unemployed can enjoy medical subsidies on a monthly basis according to the following standards:
(a) payment less than 5 years, 6% of my unemployment insurance;
(2) 8% of my unemployment insurance premium if the payment is less than 10 years;
(3) If my payment period exceeds 65,438+00 years, it is 65,438+00% of my unemployment insurance. If it is really necessary to be hospitalized for serious illness, if you participate in the basic medical insurance and continue to pay after unemployment, it shall be implemented in accordance with the provisions of the basic medical insurance. Those who have not participated in the basic medical insurance or interrupted payment after participating in the basic medical insurance are allowed to reimburse 70% of the medical expenses with the approval of the administrative department of labor security, but the total amount does not exceed 10 months of unemployment insurance. Medicaid will no longer be paid monthly during hospitalization.
Thirty-seventh unemployed women give birth during the period of receiving unemployment insurance benefits, which is in line with the national family planning regulations. To participate in maternity insurance, the maternity medical expenses shall be implemented in accordance with the provisions of maternity insurance. Those who have not participated in maternity insurance will be given unemployment insurance for three months in one lump sum to maternity grants.
Article 38 If an unemployed person dies while receiving unemployment insurance benefits (except those caused by illegal crimes), his family members may apply to the administrative department of labor and social security for funeral subsidies and one-time pensions on the basis of the unemployed person's death certificate and other relevant materials. Funeral allowance is implemented according to the funeral allowance standard for the death of employees due to illness in this Municipality. If there is a dependent spouse or immediate family member, a one-time pension shall be issued according to the following standards:
(a) for 1 person, unemployment insurance for 12 months;
(two) to support two people, for the deceased 18 months of unemployment insurance;
(3) Unemployment insurance for the 24 months before the death of the deceased if he supports more than three people. Unemployed people who do not receive unemployment insurance benefits in the month of death can receive them together with their families.
Article 39 If a farmer contract worker recruited by an employer has worked continuously for one year, and the employer has paid unemployment insurance premium, but the farmer contract worker himself has not paid it, and the labor contract has not been renewed or terminated before the expiration of the labor contract, the unemployment insurance agency will pay him the unemployment insurance premium paid by the unit as a living allowance in one lump sum. Individual farmers contract workers have paid unemployment insurance premiums, which meet the conditions stipulated in Article 32 of these Measures, and are not subject to household registration restrictions. They receive unemployment insurance benefits according to the provisions of these Measures and enjoy unemployment insurance benefits.
Article 40 During the period of receiving unemployment insurance benefits, unemployed persons who take part in vocational training and accept job introduction according to regulations can enjoy the treatment of exemption from paying job introduction fee and one-time reduction or exemption of vocational training fee. Vocational training and job introduction subsidies shall be used for the vocational training and job introduction subsidies of the unemployed according to the proportion of 15% of the total amount of unemployment insurance premiums actually collected in the current year. The actual amount after review and summary shall be reported to the municipal finance department for review and allocated from the unemployment insurance fund.
Article 41 The employing unit shall issue certificates for the unemployed who terminate or dissolve the labor relations in time, and submit the list and files of the unemployed, the certificate of termination or dissolution of the labor relations, participation in unemployment insurance and payment certificate and other related materials to the municipal or county (city) labor security administrative department within 10 working days from the date of termination or dissolution of the labor relations. Where the employing unit goes bankrupt, cancels or dissolves according to law, the liquidation organization or the competent department shall submit relevant materials to the municipal or county (city) administrative department of labor security.
Article 42 The employing unit shall inform the unemployed of the unemployment insurance benefits they are entitled to according to law.
Article 43 The unemployment registration of the unemployed may be handled by the employing unit or by the unemployed themselves. Unemployed persons who apply for unemployment registration on their own shall, within 30 days from the date of termination or dissolution of labor relations, go to the municipal or county (city) labor security administrative department for unemployment registration with the certificate issued by the employer. Flexible employment after unemployment, must go to the domicile of the community labor and social security workstation for unemployment registration and job registration. With the unemployment certificate issued by the community, you can apply to the district unemployment insurance agency for unemployment insurance benefits. Unemployment insurance is calculated from the date of unemployment registration and paid monthly.
Forty-fourth city or county (city) administrative department of labor and social security in accordance with the provisions of the unemployed for unemployment registration, issued a "notice to receive unemployment insurance". Unemployed persons shall, within the specified time, hold the Notice of Receiving Unemployment Insurance and related materials to the unemployment insurance agency where the household registration is located to apply for the certificate of receiving unemployment insurance.
Forty-fifth unemployed people in unemployment insurance benefits after the expiration of the re employment, unemployment insurance agencies should inform the unemployed one month in advance to choose public employment agencies to save files.
Forty-sixth workers in the same overall planning area across the overall planning area, the unemployment insurance relationship will be transferred. If the unemployed migrate across regions, their unemployment insurance relationship and the unemployment insurance benefits they should enjoy shall be transferred together in accordance with the regulations, and from the next month after the migration, the unemployment insurance agency in the place where they moved in shall be responsible for the issuance and management. The funds transferred from unemployment insurance benefits include unemployment insurance, medical subsidies, vocational training and employment introduction subsidies. Among them, Medicaid (including monthly Medicaid) and vocational training and employment introduction subsidies are calculated according to 50% of the total unemployment insurance benefits that the unemployed should enjoy.
Article 47 During the period of receiving unemployment insurance benefits, the unemployed shall be managed by the subdistrict office or the town people's government where their household registration is located.
Forty-eighth unemployed people meet the retirement conditions stipulated by the state during the period of receiving unemployment insurance benefits, I apply, and the unemployment insurance agency will handle the retirement examination and approval procedures on behalf of them, and at the same time hand over the files of unemployed people to the old-age insurance agency.
Forty-ninth unemployed people in any of the following circumstances during the period of receiving unemployment insurance benefits, stop receiving unemployment insurance benefits, and at the same time stop enjoying other unemployment insurance benefits:
(1) Re-employment;
(2) Those who should be conquered for military service;
(3) Having emigrated;
(four) enjoy the basic old-age insurance benefits;
(5) Being sentenced to fixed-term imprisonment or reeducation through labor;
(6) Failing to receive free vocational training from the labor and social security department within six months after being unemployed without justifiable reasons, or refusing to accept vocational introduction from the department or institution designated by the local people's government twice in a row;
(seven) other circumstances stipulated by laws and regulations.
Chapter VI Legal Liability
Article 50 If an employer fails to pay unemployment insurance premiums on time, the local tax authorities shall order it to pay them back within a time limit. If the overdue payment is not made, in addition to paying the arrears, a late fee of 2% will be charged on a daily basis from the date of default. Late payment fees, late payment fees into the unemployment insurance fund.
Article 51 In case of any of the circumstances specified in Article 49 of these Measures during the period of receiving unemployment insurance benefits, the unemployment insurance agency shall immediately notify the administrative department of labor and social security, which shall issue a decision to stop enjoying unemployment insurance benefits in accordance with the regulations, and the unemployment insurance agency shall order the unemployed to return the unemployment insurance benefits in violation of the regulations; If the circumstances are serious, the administrative department of labor security shall impose a fine of 0+65438 times and 3 times the amount defrauded.
Article 52 If the employer fails to pay unemployment insurance premiums or transfer the file relationship for the unemployed in time according to the regulations, so that the unemployed cannot enjoy unemployment insurance benefits or affect their re-employment, the employer shall compensate the unemployed for the economic losses caused thereby.
Fifty-third the employer has one of the following acts, the administrative department of labor security shall order it to make corrections within a time limit; If the circumstances are serious, a fine of more than 2000 yuan 1000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or altering the unemployment insurance registration certificate or payment voucher;
(2) concealing the truth, lying, concealing, issuing perjury, or concealing or destroying evidence;
(3) Refusing to provide employment information, salary distribution information and financial statements related to payment;
(4) refusing to carry out the supervision and inspection inquiry or the instruction to correct within a time limit issued by the administrative department of labor and social security.
Fifty-fourth staff of the administrative department of labor security and unemployment insurance agencies have one of the following acts, which shall be given administrative sanctions by the administrative department of labor security and ordered to make corrections; If losses are caused to the unemployment insurance fund, the losses shall be recovered; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Refusing to go through the formalities of unemployment insurance registration or extension of examination and approval for qualified employers, and the circumstances are serious;
(two) to raise or lower the base and proportion of unemployment insurance premium collection without authorization;
(three) for the unemployed to receive unemployment insurance benefits or enjoy other unemployment insurance benefits certificates, resulting in the loss of unemployment insurance funds;
(4) Failing to pay unemployment insurance benefits and other related expenses in accordance with regulations, and the circumstances are serious;
(five) abuse of power, favoritism, dereliction of duty, resulting in the loss of unemployment insurance fund.
Fifty-fifth misappropriation or interception of unemployment insurance funds, the administrative department of labor security shall be ordered to recover the misappropriated or intercepted unemployment insurance funds; If there is illegal income, the illegal income shall be confiscated and incorporated into the unemployment insurance fund; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 56 Whoever refuses to accept the decision on administrative punishment may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 57 If there is a dispute between an individual and an employer over the payment of unemployment insurance premium, they may apply to the competent labor dispute arbitration committee for arbitration. If an individual or unit refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.
Fifty-eighth the use of fine bills and the handling of fines shall be implemented in accordance with the relevant provisions of the state and the province.
Chapter VII Supplementary Provisions
Article 59 These Measures shall come into force as of May 6, 2007. The Measures for Unemployment Insurance in Harbin promulgated by the Municipal People's Government on August 26, 2004 shall be abolished at the same time.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.