工伤保险条例修改EN.docx
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1、【Title】 Regulation on Work-Related Injury Insurance (2010 Revision)Effective【法规标题】工伤保险条例(2010修订)现行有效【法宝引证码】 CLI.2.142905(EN)Date issued:12-20-2010 发布日期: 2010-12-20 Effective date:01-01-2004 生效日期: 2004-01-01 Issuing authority:State Council 发布部门: 国务院 Area of law:Personnel 类别:人事 Document Number:Order N
2、o.375 of the State Council of the Peoples Republic of China 发文字号:国务院令第586号 Regulation on Work-Related Injury Insurance(Promulgated by Order No.375 of the State Council of the Peoples Republic of China on April 27, 2003, amended according to the Decision of the State Council on Amending the Regulatio
3、n on Work-Related Injury Insurance on December 20, 2010)工伤保险条例(2003年4月27日中华人民共和国国务院令第375号公布 根据2010年12月20日国务院关于修改工伤保险条例的决定修订)Chapter I General Provisions第一章 总 则Article 1 This Regulation is formulated to guaranteeing the employees who are injured from accidents arising from work or who suffer from occ
4、upational diseases to obtain medical care and economic compensation, promoting the prevention and occupational recovery from work-related injuries, and dispersing the work-related injury risks of employers.第一条 为了保障因工作遭受事故伤害或者患职业病的职工获得医疗救治和经济补偿,促进工伤预防和职业康复,分散用人单位的工伤风险,制定本条例。Article 2 Enterprises, pub
5、lic institutions, social organizations, private non-enterprise entities, foundations, law firms, accounting firms, and other organizations as well as individual industrial and commercial households hiring laborers (hereinafter referred to as “employers”) within the territory of the Peoples Republic
6、of China shall, in accordance with this Regulation, purchase work-related injury insurance, paying work-related injury insurance premiums for all their employees or hired laborers (hereinafter referred to as “employees”).Employees of enterprises, public institutions, social organizations, private no
7、n-enterprise entities, foundations, law firms, and other organizations as well as laborers hired by individual industrial and commercial households within the territory of the Peoples Republic of China shall have the right to enjoy the work-related injury insurance benefits in accordance with this R
8、egulation.第二条 中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织和有雇工的个体工商户(以下称用人单位)应当依照本条例规定参加工伤保险,为本单位全部职工或者雇工(以下称职工)缴纳工伤保险费。中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织的职工和个体工商户的雇工,均有依照本条例的规定享受工伤保险待遇的权利。Article 3 The work-related injury insurance premiums shall be collected and paid in accor
9、dance with the provisions in the “Interim Regulation on the Collection and Payment of Social Insurance Premiums” regarding the collection and payment of basic pension insurance premiums, basic medical insurance premiums, and unemployment insurance premiums.第三条 工伤保险费的征缴按照社会保险费征缴暂行条例关于基本养老保险费、基本医疗保险费、
10、失业保险费的征缴规定执行。Article 4 The employers shall announce the relevant information on buying work-related injury insurance within the scope of the entity.The employers and the employees shall abide by the relevant laws and regulations on safe production and prevention and treatment of occupational disease
11、s, implement the rules and standards on safety and health care, prevent work-related injury accidents, avoid and reduce harms from occupational diseases.When an employees from a work-related injury, the employers shall take measure to have the injured employee cured in time.第四条 用人单位应当将参加工伤保险的有关情况在本单
12、位内公示。用人单位和职工应当遵守有关安全生产和职业病防治的法律法规,执行安全卫生规程和标准,预防工伤事故发生,避免和减少职业病危害。职工发生工伤时,用人单位应当采取措施使工伤职工得到及时救治。Article 5 The social insurance administrative department under the State Council shall be responsible for the work of nationwide work-related injury insurances.The social insurance administrative departme
13、nt of each local peoples government at or above the county level shall be responsible for the work of work-related injury insurance within its own jurisdiction.The social insurance handling institutions (hereinafter referred to as handling institutions) established by the social insurance administra
14、tive department under the State Council in accordance with the relevant provisions shall specifically undertake the affairs in respect of work-related injury insurances.第五条 国务院社会保险行政部门负责全国的工伤保险工作。县级以上地方各级人民政府社会保险行政部门负责本行政区域内的工伤保险工作。社会保险行政部门按照国务院有关规定设立的社会保险经办机构(以下称经办机构)具体承办工伤保险事务。Article 6 the social
15、 insurance administrative department and other departments shall, if formulating policies or standards concerning work-related injury insurances, solicit opinions from the representatives of the trade union organizations and employers.第六条 社会保险行政部门等部门制定工伤保险的政策、标准,应当征求工会组织、用人单位代表的意见。Chapter II Work-Re
16、lated Injury Insurance Fund第二章 工伤保险基金Article 7 The work-related injury insurance fund shall be composed of the work-related injury insurance premiums paid by the employers, the interest on the work-related injury insurance fund and other funds legally included in the work-related injury insurance fu
17、nd.第七条 工伤保险基金由用人单位缴纳的工伤保险费、工伤保险基金的利息和依法纳入工伤保险基金的其他资金构成。Article 8 The rate of the work-related injury insurance premiums shall be determined in compliance with the principles of basing collection on expenditure and balancing the income and expenditure.The state shall determine differential premium ra
18、tes for different industries in light of their respective likelihood of work-related injuries, and set forth a number of different premium rates for each industry in light of the use of the work-related injury insurance premiums, occurrence rate of work-related injuries, etc. The differential premiu
19、m rates for different industries and the different premium rates within each industry shall be decided by the social insurance administrative department under the State Council, and be subject to the approval of the State Council before promulgation and implementation.The handling institution in a r
20、egion subject to overall planning shall, in light of the information on the employers use of work-related injury insurance premiums and the occurrence rate of work-related injuries, etc., apply the corresponding grade of premium rate for the industry to determine the premium rate of the employers.第八
21、条 工伤保险费根据以支定收、收支平衡的原则,确定费率。国家根据不同行业的工伤风险程度确定行业的差别费率,并根据工伤保险费使用、工伤发生率等情况在每个行业内确定若干费率档次。行业差别费率及行业内费率档次由国务院社会保险行政部门制定,报国务院批准后公布施行。统筹地区经办机构根据用人单位工伤保险费使用、工伤发生率等情况,适用所属行业内相应的费率档次确定单位缴费费率。Article 9 The social insurance administrative department under the State Council shall have regular knowledge of the re
22、venue and expenditures of the work-related injury insurance funds in all overall planning areas throughout the country, and shall put forward a timely plan for adjustment of the differential premium rates for different industries and the different premium rates within each industry, which shall be s
23、ubject to the approval of the State Council before promulgation and implementation.第九条 国务院社会保险行政部门应当定期了解全国各统筹地区工伤保险基金收支情况,及时提出调整行业差别费率及行业内费率档次的方案,报国务院批准后公布施行。Article 10 The employers shall pay work-related injury insurance premiums on time, and individual employees do not have to pay the work-relate
24、d injury insurance premiums.The amount of work-related injury insurance premiums paid by the employers shall be the product of multiplying the total amount of wages of the employees in the employers by the premiums rate of the employers.For any industry which has difficulty in paying work-related in
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