Shanghai Municipality, Work-related Injury Insurance Implementing Procedures

Published: July 6 2004
Applicability: The Procedures apply to enterprises, institutions, state authorities, social organizations, non-government non-enterprise work units, individually owned industrial and commercial businesses that employ staff and their employees within the municipality's administrative jurisdiction (Article 2). Work-related injuries of non-local employees employed by employers of this municipality shall be handled in accordance with the relevant provisions on work-related insurance of the Shanghai Municipality, Non-local Employees Comprehensive Insurance Tentative Procedures (Article 64). Starting from June 1 2004, issues related to recognition of work-related injury, appraisal on the capacity to work and insurance benefits to be granted for work-related injury of this municipality shall be handled in accordance with the Procedures (Article 66).

Main contents: Work-related insurance funds consist of work-related injury insurance premiums paid by employers, interest accrued of work-related injury insurance funds and other funds included in work-related injury insurance funds in accordance with the law. Advance payment shall be made from the municipality's finance department if work-related insurance funds are insufficient to cover work-related insurance benefits for major accidents (Article 7). Payment of work-related injury insurance premiums shall be made by the employers on schedule, and not made by individual employees (Article 8). The basic premium rate for work-related insurance paid by the employers shall uniformly be set at 0.5% of the contribution base (Article 10). Article 14 lists the circumstances that shall be recognized as work-related injury such as where the worker suffered from an occupational disease, or injuries sustained for work reasons on a business trip. Article 16 lists the circumstances that shall not be recognized nor regarded as work-related injury such as injuries and deaths resulting from committing an offence or violating public security administration. Article 17 concerns the application for recognition of work-related injury and Article 21 recognition procedures. Part Four covers appraisal of the capacity to work and Part Five insurance benefits to be granted for work-related injury. Employees who are sent to work overseas shall participate in the foreign work-related injury insurance and the domestic work-related insurance relationship shall be terminated. For employees who are unable to do so, their domestic work-related insurance relationship shall not be terminated and shall be granted the insurance benefits for work-related injury in accordance with the Procedures (Article 48). Article 50 concerns payment of premiums for non-full time employees and Article 51 benefits for work-related injuries of such employees.
Related legislation: State Council, Work-related Injury Insurance Regulations, Apr 27 2003, CLP 2003 No5 p6; State Council, Collection and Payment of Social Insurance Premiums Tentative Regulations, Jan 22 1999, CLP 1999 No3 p31; Shanghai Municipality, Collection and Payment of Social Insurance Premiums of Urban Staff and Workers Provisions and Shanghai Municipality, Non-local Employees Comprehensive Insurance Tentative Procedures, Jul 22 2002, CLP 2002 No 8 p17