In order to ensure the basic livelihood of the unemployed and promote their re-employment, these Regulations are formulated in accordance with the provisions of the Labor Law of People's Republic of China (PRC), the Regulations on Unemployment Insurance of the State Council, the Provisional Regulations on the Collection and Payment of Social Insurance Fees and other laws and regulations, combined with the actual situation in Sichuan.
Regulations of Sichuan Province on Unemployment Insurance (adopted at the 24th meeting of the Standing Committee of the Ninth People's Congress of Sichuan Province on July 26th, 2006 and promulgated by the Standing Committee of the Ninth People's Congress of Sichuan Province on July 26th, 2006)
Chapter I General Principles
Article 1 In order to ensure the basic livelihood of the unemployed and promote their re-employment, these Regulations are formulated in accordance with the Labor Law of People's Republic of China (PRC), the Regulations on Unemployment Insurance of the State Council, the Provisional Regulations on the Collection and Payment of Social Insurance Fees and other laws and regulations, combined with the actual situation in Sichuan.
Article 2 Within the administrative area of Sichuan Province, urban enterprises and institutions and their employees, private non-enterprise units and their employees, social organizations and their full-time employees, personnel of state organs and institutions and workers on labor contracts (hereinafter referred to as units and employees) shall participate in unemployment insurance in accordance with the provisions of these Regulations.
Article 3 Units and employees shall fulfill their obligations to pay unemployment insurance premiums according to law; Unemployed people enjoy unemployment insurance benefits according to law.
Article 4 The administrative department of labor security of the provincial people's government is in charge of unemployment insurance in the whole province. The administrative department of labor security of the people's governments at or above the county level shall be in charge of the unemployment insurance work within their respective administrative areas. ?
The employment service management institution affiliated to the administrative department of labor security is the social insurance agency that undertakes unemployment insurance business.
(hereinafter referred to as the unemployment insurance agency), specifically responsible for the collection of unemployment insurance premiums, the management of unemployment insurance funds and the payment of unemployment insurance benefits. Other relevant departments and organizations shall, in accordance with their respective responsibilities, coordinate in the work of unemployment insurance.
Fifth unemployment insurance agencies should establish and improve the internal financial and auditing systems, and announce the income and expenditure of the unemployment insurance fund to the public at least once a year. ?
The financial department and the audit department shall supervise the income and expenditure and management of the unemployment insurance fund according to law.
Article 6 The personnel expenses and business expenses required by the unemployment insurance agency shall be included in the financial budget and allocated by the finance. ?
Chapter II Raising and Use of Unemployment Insurance Fund
Article 7 Units shall register unemployment insurance according to law, declare the amount of unemployment insurance premium payable monthly, and pay unemployment insurance premium monthly or quarterly. Unemployment insurance premiums shall not be reduced or exempted.
Article 8 Urban enterprises and institutions and private non-enterprise units shall pay unemployment insurance premiums at 2% of the total wages of their employees, and employees shall pay unemployment insurance premiums at 1% of their own wages. Social organizations pay unemployment insurance premiums at 2% of the total wages of their full-time staff, and their full-time staff pay unemployment insurance premiums at 1% of their own wages. State organs pay unemployment insurance premiums at 2% of the total wages of their employees and workers under labor contracts, and at 1% of their own wages. Farmers' contract workers themselves do not pay unemployment insurance premiums. The unemployment insurance premium paid by individual employees shall be withheld and remitted by the unit from my salary.
Ninth units whose total wages are difficult to determine shall calculate the total wages according to the average wages of employees in the city and state where the unit is located multiplied by the number of employees in the previous year. ?
The average wage of employees or employees is lower than 60% of the average wage of employees in the previous year in the city and state, in accordance with the
60% of the average salary of employees in the previous year. ?
Units that pay unemployment insurance premiums in accordance with the provisions of the preceding two paragraphs shall have their total wages approved by the unemployment insurance agency.
Article 10 Unemployment insurance premiums shall be paid in monetary form. The unemployment insurance agency shall establish unemployment insurance premium payment records to record the actual payment of units and employees. Payment units and employees have the right to inquire about payment records in accordance with regulations.
Eleventh dissolution, closure, bankruptcy or revocation of the unit, it shall notify the administrative department of labor and social security and its unemployment insurance agencies to participate in the liquidation within 05 days from the date of announcement. ?
Units that go bankrupt according to law or are revoked, their business licenses are revoked or their registration as legal persons is cancelled shall stop paying unemployment insurance premiums from that month.
Article 12 Unemployment insurance funds shall be raised in cities divided into districts; Ethnic autonomous prefectures can be based on states or counties. The specific measures for the implementation of the master plan shall be formulated separately by the provincial people's government.
Thirteenth according to the situation to establish a provincial unemployment insurance swap fund. Each city and state shall pay 8% of the total unemployment insurance premium that should be levied in accordance with the law to the provincial unemployment insurance agency on a quarterly basis. When the unemployment insurance fund in the overall planning area is insufficient, it will be adjusted by the provincial unemployment insurance adjustment fund and subsidized by the local finance. The provincial people's government can adjust the proportion of the provincial unemployment insurance adjustment fund according to the actual situation.
Article 14 Unemployment insurance funds shall be used for the following expenses:
(1) unemployment insurance benefits;
(two) the unemployed enjoy Medicaid and women's maternity grants while enjoying unemployment insurance benefits; ?
(three) the unemployed enjoy a one-time funeral subsidy for the death during unemployment insurance benefits and a one-time pension for their dependent spouses and immediate family members; ?
(four) the unemployed enjoy subsidies for receiving vocational training and job introduction during their enjoyment of unemployment insurance benefits; ?
(five) a one-time living allowance for farmers who have not renewed their contracts or terminated their labor contracts in advance; ?
(six) the handling fee for the bank to collect and distribute unemployment insurance premiums, and the expenses required for applying to the people's court for compulsory execution; ?
(seven) other expenses related to unemployment insurance stipulated or approved by the State Council.
Chapter III unemployment insurance benefits
Article 15 After an employee is unemployed, the unit shall issue a certificate of termination or rescission of labor relations for the unemployed in time, informing them that they enjoy the rights of unemployment insurance benefits, and report the list of unemployed persons to the unemployment insurance agency for the record within 7 working days from the date of termination or rescission of labor relations, and submit the files of unemployed persons to the unemployment insurance agency for review.
Sixteenth unemployed people should hold the certificate of termination or dissolution of labor relations issued by the unit and other related materials, and go to the unemployment insurance agency for unemployment registration within 60 days to obtain relevant documents. ?
The unemployment insurance agency shall, within 15 days, examine and confirm the qualifications and time limit for the unemployed to enjoy unemployment insurance benefits, and announce it to the public.
Seventeenth unemployed people who meet the following conditions can enjoy unemployment insurance benefits:
(a) have participated in unemployment insurance, the unit and I have fulfilled the payment obligations in accordance with the provisions 1 year; ?
(2) I don't want to interrupt my employment; ?
(three) have been registered as unemployed in accordance with the regulations, and have job requirements. ?
The involuntary termination of employment mentioned in Item (2) of the preceding paragraph refers to any of the following circumstances:
(1) The labor contract is terminated; ?
(2) The labor contract is terminated by the unit; ?
(3) Being dismissed, expelled, removed or expelled by the unit; ?
(4) Other circumstances stipulated by laws and regulations.
Eighteenth employees in any of the following circumstances, can not enjoy the unemployment insurance benefits:
(1) The employee voluntarily terminates the labor relationship with the unit, resigns or voluntarily leaves the company. However, unless the labor contract is voluntarily terminated with the unit according to the provisions of Item (2) and Item (3) of Article 32 of People's Republic of China (PRC) Labor Law; ?
(two) in accordance with the relevant provisions of the state or province to receive a one-time self-employment placement fee; ?
(3) He is sentenced to fixed-term imprisonment or is undergoing reeducation through labor.
Nineteenth unemployed people who enjoy unemployment insurance benefits shall stop enjoying unemployment insurance benefits in any of the following circumstances:
(1) Re-employment; ?
(2) Those who should be conquered for military service; ?
(3) Having emigrated; ?
(four) enjoy the basic old-age insurance benefits; ?
(5) He is sentenced to fixed-term imprisonment or is undergoing reeducation through labor; ?
(6) refusing to accept the work introduced by the department or institution designated by the local people's government without justifiable reasons; ?
(seven) other circumstances stipulated by laws and regulations.
Article 20 The starting time for the unemployed to receive unemployment insurance benefits shall be counted from the date of unemployment registration. ?
Unemployment insurance benefits are paid by the unemployment insurance agency on a monthly basis, and the unemployed persons receive them from the designated banks with the vouchers issued by the unemployment insurance agency.
Twenty-first unemployed people to receive unemployment insurance, according to the unemployment unit and I tired before unemployment.
Determination of the payment time of unemployment insurance premium: 3 months if the accumulated payment time is over 1 year and less than 2 years; 6 months from 2 years to 3 years; 3 years to 5 years is 12 months; 5 years to 8 years 15 months; 8 years less than 10 years is 18 months; /kloc-24 months for those over 0/0. The maximum period for receiving unemployment insurance benefits 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 that should have been received but not received in the previous unemployment, but the maximum time limit shall not exceed 24 months.
Twenty-second the State Council "unemployment insurance regulations" before the promulgation, the relevant provisions of the state and the province have participated in the unemployment insurance units and their employees to pay unemployment insurance premiums, and after the promulgation of the payment time combined calculation.
Twenty-third private non enterprise units and their employees, social organizations and their full-time staff, state organs.
Institutions with financial subsidies and their staff, before the promulgation of the Regulations on Unemployment Insurance in the State Council, the duration of the unit and the continuous length of service of employees are regarded as the time for units and employees to pay unemployment insurance premiums. After the promulgation of the Regulations on Unemployment Insurance in the State Council, they are combined with the time actually paid by units and employees themselves in accordance with the regulations.
Twenty-fourth unemployment insurance payment standards, generally in accordance with the original unit of the unemployed 70% of the minimum wage for the same period; The provincial people's government can make adjustments according to the actual situation. After receiving unemployment insurance money, the unemployed can also enjoy the minimum living allowance for urban residents if they meet the minimum living guarantee conditions for urban residents.
Twenty-fifth unemployed people enjoy unemployment insurance benefits, unemployment insurance agencies should be based on their unemployment.
10% of the insurance premium is paid to outpatient medical assistance. Unemployed persons who do not enjoy basic medical insurance benefits need hospitalization due to illness.
Treatment, should be determined by the administrative department of labor and social security designated medical institutions for treatment, after discharge from the hospital, the unemployment insurance agency audit, according to 70% of the hospitalization expenses in line with the provisions of the basic medical insurance to give hospitalization Medicaid, but the cumulative amount of subsidies shall not exceed the sum of the unemployment insurance benefits I should receive. During hospitalization, outpatient Medicaid stopped.
Article 26 During the period of enjoying unemployment insurance benefits, unemployed women who meet the national family planning regulations and do not enjoy maternity insurance benefits can apply to the unemployment insurance agency for maternity grants, and after examination, they can be paid a lump sum to maternity grants for three months according to the unemployment insurance standard.
Article 27 If an unemployed person dies while enjoying the unemployment insurance benefits, the unemployment insurance agency will give his family members a one-time funeral subsidy of 10 month unemployment insurance standard and a pension of 10 month unemployment insurance standard, as well as the unemployment insurance that has not been received in the month of death. Unemployed persons who are injured, disabled or killed due to their participation in criminal activities during their enjoyment of unemployment insurance benefits shall not enjoy the treatment stipulated in Article 25 and the preceding paragraph of this Article.
Article 28 If a farmer contract worker employed by a unit has worked continuously for over 1 year, and the unit has paid unemployment insurance premium in full for over 1 year, and the labor contract has not been renewed or terminated in advance, the unemployment insurance agency will issue a one-time living allowance according to the length of working hours. The calculation period of the subsidy is 1 year/month's subsidy within the accumulated payment time of the unit, but the longest subsidy shall not exceed 1 2 months. The monthly subsidy standard is 65% of the unemployment insurance standard.
Twenty-ninth units across the overall regional migration, should go through the formalities for the transfer of insurance relations, from the next month after the migration, according to the provisions of the payment of unemployment insurance. The unemployment insurance agency of the emigration place shall allocate 50% of the unemployment insurance premium balance paid by the emigration unit to the unemployment insurance agency of the emigration place within 30 days. Units and individual employees who migrate across provinces shall be handled in accordance with relevant state regulations. Workers who have participated in unemployment insurance, due to job changes across the overall regional migration, the original unit should handle the transfer procedures for the insured relationship for employees.
Thirtieth unemployed people who move out of the overall planning area shall go through the formalities for the transfer of unemployment insurance relationship with relevant supporting documents, and the unemployment insurance agency in the place where they move out shall transfer unemployment insurance benefits to the unemployment insurance agency in the place where they move in according to the following standards within 30 days:
(1) The total amount of unemployment insurance money that I have not yet received; ?
(two) medical subsidies, vocational training and job introduction subsidies are calculated at 50% of the total unemployment insurance. ? If the unemployed migrate across provinces, it shall be handled in accordance with the relevant provisions of the state.
Thirty-first vocational training institutions and employment agencies provide vocational training and employment services for unemployed people who enjoy unemployment insurance benefits, and unemployment insurance institutions give subsidies according to regulations.
Article 32 Units shall register, declare, pay and enjoy unemployment insurance for the unemployed.
If you have any objection to the insurance benefits, you can apply for a review to the unemployment insurance agency in accordance with the regulations, you can also apply for administrative reconsideration directly to the administrative department of labor security at the same level, or bring an administrative lawsuit directly to the people's court according to law.
Chapter IV Legal Liability
Article 33 If a unit fails to register unemployment insurance and declare the amount of unemployment insurance premium in accordance with the provisions, the administrative department of labor security at or above the county level shall punish it in accordance with the relevant provisions of the State Council's Provisional Regulations on the Collection and Payment of Social Insurance Premium.
Article 34 If a unit fails to pay, withhold or remit unemployment insurance premiums in full or delays payment, the administrative department of labor security at or above the county level shall order it to pay within a time limit; Overdue payment, in addition to the amount owed, from the date of default, daily additional 2 yuan. . Late fees, incorporated into the unemployment insurance fund. ?
If a unit refuses to pay unemployment insurance premiums and late fees within the time limit, the administrative department of labor security shall apply to the people's court for compulsory execution according to law.
Collection, and may impose a fine of 2000 yuan to 20000 yuan on the person in charge of the unit and the person directly responsible.
Article 35 If a unit fails to inform the unemployed of the unemployment insurance benefits that they should enjoy, issues a certificate of termination or dissolution of labor relations for the unemployed, or fails to submit the list and files of the unemployed within the prescribed time limit, the administrative department of labor security at or above the county level shall give a warning and order it to make corrections within a time limit; The person in charge of the unit and the person directly responsible may be fined from 500 yuan to 2000 yuan.
Thirty-sixth unemployment insurance agencies did not confirm the unemployed to enjoy the qualification and duration of unemployment insurance benefits within the prescribed time limit, the administrative department of labor security shall order it to make corrections within a time limit; Refuses to correct, the relevant departments shall give administrative sanctions to the person directly responsible.
Thirty-seventh do not meet the conditions to enjoy unemployment insurance benefits, defrauding unemployment insurance and other unemployment insurance benefits, the unemployment insurance agency shall order it to return; If the circumstances are serious, the administrative department of labor security at or above the county level shall impose a fine of not less than 0 times but not more than 3 times the amount defrauded.
Thirty-eighth failed to pay unemployment insurance, the unemployment insurance agency at a higher level shall order it to pay in full within a time limit; If it still refuses to turn it over within the time limit, the main responsible person shall be informed criticism; If the circumstances are serious, administrative sanctions shall be imposed by administrative supervision organs according to law. ?
Due to the relocation of units and individuals, the unemployment insurance premium and the funds needed by unemployment insurance benefits are not transferred as required, and the superior is unemployed.
The insurance institution informs it to transfer within a time limit; Those who refuse to hand it over within the time limit shall be given administrative sanctions by the relevant departments according to law.
Article 39 Where the financial department, the administrative department of labor security, the unemployment insurance agency and its staff misappropriate or occupy the unemployment insurance fund, in addition to recovering the misappropriated or occupied unemployment insurance fund, the person in charge of the unit and the person directly responsible shall be given administrative sanctions according to law; If there is illegal income, the illegal income shall be confiscated and incorporated into the unemployment insurance fund; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 40 Any staff member of the administrative department of labor security and the unemployment insurance agency who abuses his power, engages in malpractices for personal gain or neglects his duty shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 41 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the time limit and fails to perform the punishment decision, the organ that made the punishment decision may apply to the people's court for compulsory execution.
Chapter V Supplementary Provisions
Article 42 These Regulations shall come into force on the date of 200 1, 1 and 1.
;