工伤保险条例英文版.docx

1、工伤保险条例英文版工伤保险条例(英文版)2008-02-18工伤保险条例(英文版)Regulation on Work-Related Injury InsurancesDecree No. 375 of the State Council of the Peoples Republic of ChinaThe Regulation on Work-Related Injury Insurances, which was deliberated and adopted at the 5th executive meeting of the State Council on April 16,

2、2003, is hereby promulgated, and shall come into force on January 1, 2004.Wen Jiabao, PremierApril 27, 2003PART ONEGENERAL PROVISIONSArticle 1These Regulations are formulated in order to guarantee availability of medical treatment and economic compensation to staff and workers that suffer from work-

3、related accidental injuryoroccupational disease， to promote prevention of work-related injury and vocational rehabilitation， and to distribute work-related injury risks of employers.Article 2All types of enterprises and sole traders that hire workers （Employer（s） shall participate in work-related in

4、jury insurance and pay work-related injury insurance premiums for all of the staff and workersorhired 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 Peoples Republic of China shal

5、l 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 peoples governments of provi

6、nces， autonomous regions and municipalities directly under the central government.Article 3Collection 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 regardin

7、g collection and payment of basic old age insurance premiums， basic medical insurance premiums and unemployment insurance premiums.Article 4An Employer shall announce within the work unit the relevant details of its participation in work-related injury insurance.An Employer and its Employees shall a

8、bide 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 suffer

9、s from work-related injury， the Employer shall adopt measures to ensure that such Employee receives timely rescue and treatment.Article 5The 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 ad

10、ministrative departments of labour security of all levels of local peoples 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 la

11、bour security in accordance with relevant provisions of the State Council （Agency/Agencies） shall undertake the practical affairs of work-related injury insurance.Article 6Administrative departments of labour security and other departments shall seek the opinion of trade unions and representatives o

12、f Employers when formulating policies and standards for work-related injury insurance.PART TWOWORK-RELATED INJURY INSURANCE FUNDSArticle 7Work-related injury insurance funds shall be composed of work-related injury insurance premiums paid by Employers， interest on work-related injury insurance funds

13、 and other funds paid into the work-related injury insurance funds in accordance with law.Article 8The 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 dete

14、rmine premium rate differentials between industries according to the degree of risks of work-related injuries in different industries， and shall determine several tiers of premium rates within each industry according to circumstances such as the use of work-related injury insurance premiums and the

15、frequency of occurrence of work-related injuries. Inter-industry premium rate differentials and intra-industry premium rate tiers shall be formulated by the administrative department of labour security of the State Council in conjunction with the finance department， health administrative department

16、and safe production regulatory department of the State Council， and shall be promulgated and implemented upon approval by the State Council.The Agency for a pooling region shall determine the work unit payable premium rate for an Employer on the basis of such circumstances such as use of work-relate

17、d injury insurance premiums and frequency of occurrence of work-related injuries of the Employer， and the corresponding premium rate tier applicable to the industry to which the Employer belongs.Article 9The administrative department of labour security of the State Council shall periodically obtain

18、the details of receipt and payment of work-related injury insurance funds of all pooling regions throughout the country， and shall propose adjustment to the inter-industry premium rate differentials and the intra-industry premium rate tiers in a timely manner and in conjunction with the finance depa

19、rtment， health administrative department and safe production regulatory department of the State Council. Such adjustment shall be promulgated and implemented upon approval by the State Council.Article 10Employers shall pay work-related injury insurance premiums on time. Employees shall not pay work-

20、related injury insurance premiums themselves.The amount of work-related injury insurance premium payable by an Employer shall be the product of the total payroll of the Employees of the work unit and the work unit payable premium rate.Article 11Work-related injury insurance funds in municipalities d

21、irectly under the central government and municipalities having districts shall be pooled on a municipality-wide basis. The level of pooling in other regions shall be determined by the peoples government of the provinceorautonomous region.An inter-region industryoran industry with a relatively high l

22、evel of production mobility may participate from another region in work-related injury insurance in a pooling region by adopting a method of relative concentration. The specific procedures shall be formulated by the administrative department of labour security of the State Council in conjunction wit

23、h the department in charge of the relevant industry.Article 12Work-related injury insurance funds shall be deposited into a dedicated finance account for social security funds for benefits of work-related injury insurance， assessment of work capability and payment of other expenses for work-related

24、injury insurance stipulated herein. No work unitorindividual may use the work-related injury insurance funds for investment and operation， constructionorrenovation of office site， distribution of bonuses，ordivert such funds to other uses.Article 13A certain ratio of work-related injury insurance fun

25、ds shall be maintained as reserves for payment of work-related injury insurance benefits in the event of major accidents in the pooling region. In case of a shortage of reserves， the peoples government of the pooling region shall advance the payment. The specific ratio of reserves to the total amoun

26、t of funds and the procedures for the use of reserves shall be stipulated by the peoples governments of provinces， autonomous regionsormunicipalities directly under the central government.PART THREEDETERMINATION OF WORK-RELATED INJURYArticle 14An Employee shall be determined as having a work-related

27、 injury if：1. he is injured in an accident at work during working hours in the workplace；2. he is injured in an accident while engaging in preparatoryorfinishing-up work related to work beforeorafter working hours in the workplace；3. he is injured by violenceorin other accident in his performance of

28、 job duties during working hours in the workplace；4. he suffers from an occupational disease；5. he is injured at workorhis whereabouts became unknown in an accident， during work-related travel；6. he is injured in a motor vehicle accident while going toorreturning from work； or7. he is in other circu

29、mstances that shall be determined as work-related injury according to the provisions of laws and administrative regulations.Article 15An Employee shall be deemed as having a work-related injury if：1. he dies immediatelyorwithin 48 hours after emergency treatment for a disease suddenly arising during

30、 working hours in the workplace；2. he is injured in an act to protect national interestsorpublic interests such as emergency rescue and disaster relief； or3. he is injured and disabled in waroron duty while in military service and has obtained a revolutionary injured and disabled soldier certificate

31、， and suffers from a relapse of the old injury while being employed by the Employer.Where an Employee is in the circumstance of Item （1）or（2） of the preceding paragraph， he shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions hereof. Where an Employe

32、e is in the circumstance of Item （3） of the preceding paragraph， he shall be entitled to work-related injury insurance benefits other than the lump sum disability allowance in accordance with the relevant provisions hereof.Article 16An Employee shall not be determinedordeemed as having work-related injury if：1. he is injuredorhe dies as a result of commission of crimeorviolation of public security administration；2. he is injuredorhe dies as a result of intoxication； or3. he inflicts harm on himselforcommits suicide.