People's Republic of China (PRC) Building Law (20 1 1 Revision)
Forty-eighth construction enterprises should pay work-related injury insurance premiums for employees who participate in work-related injury insurance according to law. Encourage enterprises to handle accidental injury insurance for employees engaged in dangerous operations and pay insurance premiums.
Ministry of Human Resources and Social Security, Ministry of Housing and Urban-Rural Development, General Administration of Work Safety, National Federation of Trade Unions.
Opinions on further improving industrial injury insurance in construction industry
No [20 14] 103 issued by Ministry of Human Resources and Social Security.
The human resources and social security departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the housing and urban-rural construction departments (commissions and bureaus), the work safety supervision and administration bureau, and the Federation of Trade Unions:
Since the reform and opening-up, China's construction industry has developed vigorously, and the construction workers have continuously developed and expanded, making great contributions to economic and social development and people's lives. The construction industry is an industry with high risk of industrial injury, and it is also an industry where migrant workers are concentrated. In order to safeguard the rights and interests of construction workers, especially migrant workers, the state has successively promulgated a series of laws, regulations and policies, and all regions and relevant departments have actively taken measures to strengthen the construction of construction safety production system and supervision and inspection, and vigorously promote construction enterprises to participate in industrial injury insurance according to law, so as to continuously strengthen the protection of the rights and interests of construction workers. However, there are still some problems, such as the failure to implement the safety management system of some construction enterprises, the low coverage of industrial injury insurance, the poor ability of front-line construction workers, especially migrant workers, and the difficulty in implementing industrial injury treatment.
In order to implement the requirements of the CPC Central Committee and the State Council on effectively safeguarding and improving people's livelihood, according to the provisions of the Social Insurance Law, the Construction Law, the Safety Production Law, the Occupational Disease Prevention Law and the Industrial Injury Insurance Regulations, we hereby put forward the following opinions on further improving the work of industrial injury insurance in the construction industry and earnestly safeguarding the rights and interests of construction workers:
First, improve the industrial injury insurance policy that conforms to the characteristics of the construction industry and vigorously expand the coverage of industrial injury insurance for construction enterprises. Construction enterprises shall participate in industrial injury insurance according to law. According to the characteristics of the construction industry, construction enterprises should participate in industrial injury insurance according to the employer as a relatively fixed employee; For construction workers, especially migrant workers, who cannot be insured by the employer and used in construction projects, they shall participate in work-related injury insurance according to the project. Housing construction and municipal infrastructure projects to participate in work-related injury insurance as a unit of construction projects, you can give priority to participate in work-related injury insurance procedures, to participate in various social insurance. The construction unit shall submit the industrial injury insurance certificate of the construction project when handling the construction permit procedures, as one of the concrete measures to ensure the safe construction of the project; The local housing and urban-rural construction departments shall not issue construction permits for projects where safety construction measures are not implemented.
Two, improve the payment method of work-related injury insurance premiums. Construction enterprises insured by employers shall pay work-related injury insurance premiums according to law based on the total wages. If the construction project is insured as a unit, the industrial injury insurance premium can be paid according to a certain proportion of the total project cost.
Third, scientifically determine the industrial injury insurance rate. Regional human resources and social security departments shall refer to the industry benchmark rates of local construction enterprises, and reasonably determine the payment ratio of industrial injury insurance for construction projects by the competent departments of commodity housing and urban and rural construction in accordance with the principle of fixed income and expenditure balance. It is necessary to make full use of the floating rate mechanism of work-related injury insurance, and adjust the rate in a timely manner according to the incidence of work-related injuries in various construction enterprises and the use of work-related injury insurance funds, so as to promote enterprises to strengthen production safety and prevent and reduce work-related injuries.
Fourth, ensure the source of industrial injury insurance expenses. The construction unit shall pay work-related injury insurance premiums separately in the project budget, and shall not participate in the bidding as uncompetitive expenses. Before the project starts, the general construction contractor will pay the work-related injury insurance fee of this project in one lump sum, covering all employees used in this project, including migrant workers used by professional contractors and labor subcontractors.
Five, improve the labor relations confirmation mechanism to participate in the identification of work-related injuries. Construction enterprises shall sign labor contracts with employees according to law, and strengthen the management of labor and employment on the construction site. The general contracting unit of a construction project shall urge the professional contracting unit and the labor subcontracting unit to establish the personnel roster, attendance records, payroll and other ledgers during the construction period, and implement dynamic real-name management for all construction personnel during the construction period. After the construction personnel have a work-related injury, the labor relationship shall be confirmed on the basis of the labor contract. For those who have not signed a labor contract, the human resources and social security department shall refer to evidence such as wage payment vouchers or records, work permits, recruitment registration forms, attendance records and other employee testimonies to confirm the factual labor relationship. Relevant parties should actively provide relevant evidence; In accordance with the provisions, the employer shall bear the burden of proof and the employer fails to provide it, and it shall bear the adverse consequences.
Six, standardize and simplify the identification of work-related injuries and labor ability appraisal procedures. In case of work-related accidents among employees, the employing unit shall apply for work-related injury identification within 30 days, and the general contractor of construction shall cooperate closely and provide insurance certificates and other related materials. If the employer fails to apply for work-related injury identification within the prescribed time limit, the employee himself or his close relatives or trade unions can apply for work-related injury identification within 1 year, and if it is identified as a work-related injury by the social insurance administrative department, the employer shall bear the related expenses such as work-related injury treatment during this period. Local social insurance administrative departments and labor ability appraisal institutions should optimize processes, simplify procedures and shorten appraisal time. For an application for work-related injury identification with clear facts and clear rights and obligations, a decision on work-related injury identification shall be made within 15 days from the date of accepting the application for work-related injury identification. Explore the establishment of online declaration, review and delivery methods for work-related injury identification and labor ability appraisal to improve work efficiency.
Seven, improve the payment policy of industrial injury insurance benefits. For construction workers identified as work-related injuries, social insurance agencies and employers at all levels shall pay all work-related injury insurance benefits in full and on time according to law. For the construction workers who suffer work-related injuries during the construction of the insured project and have not yet completed the work-related injury identification or labor ability identification when the project is completed, their employers should continue to guarantee their legal treatment during medical treatment and shutdown, and enjoy the work-related injury insurance benefits for the insured employees according to law after the work-related injury identification and labor ability identification are completed; Among them, the treatment that should be paid by the employer shall be paid in full and on time by the employer where the injured employee works, or it may be paid in one lump sum according to his wishes. In view of the characteristics of wage income distribution in the construction industry, if it is difficult to use my salary as the calculation base in the relevant work-related injury insurance benefits, you can refer to the average salary of employees in the previous year as the calculation base.
Eight, the implementation of industrial injury insurance payment policy. If an industrial accident occurs in a construction project that does not participate in industrial injury insurance, the employer where the employee works shall pay the industrial injury insurance benefits according to law, and the general contractor and the construction unit shall bear joint liability; If the employer and the general contractor and the construction unit are jointly and severally liable for failure to pay, the industrial injury insurance fund will pay in advance, and the employer and the general contractor and the construction unit will be jointly and severally liable for repayment; If it is not repaid, it shall be recovered by the social insurance agency according to law.
Nine, establish and improve the joint liability investigation mechanism for work-related injury compensation. The project (business) is contracted out by the construction unit, general contractor or subcontractor with the qualification of employment subject to an organization or individual without the qualification of employment subject. If an employee employed by this unit or individual suffers from work-related injuries, the contracting-out unit and the unit or individual that does not have the qualification of employment subject shall bear joint and several liability for compensation.
Ten, strengthen the publicity and training of industrial injury insurance policy. The general contracting unit of construction shall, in accordance with the style uniformly stipulated by the human resources and social security departments where the project is located, make the project to participate in the industrial injury insurance publicity board, publicize it in a prominent position on the construction site, and arrange training courses on industrial injury prevention and industrial injury insurance policy explanation, so as to protect the right to know of construction workers, especially migrant workers, and enhance their awareness of rights protection according to law. Local human resources and social security departments should, in conjunction with relevant departments, increase the publicity of industrial injury insurance policies, so that employees can know their legitimate rights and interests and related procedures. The pilot area of industrial injury prevention can draw a certain proportion from the industrial injury insurance fund for industrial injury prevention. Local human resources and social security departments should actively carry out publicity and training on industrial injury prevention in the construction industry in conjunction with the housing and urban-rural construction departments, and take construction workers, especially migrant workers, as the key targets of publicity and training. Establish and improve a multi-level training system for government departments, industry associations and construction enterprises. , and constantly improve the construction workers' awareness of production safety, work-related injury rights protection and job skills, and control and reduce safety accidents from the source.
Eleven, seriously investigate and deal with false accidents. In the event of a production safety accident, the relevant personnel at the site of the construction enterprise and the person in charge of the enterprise shall, in strict accordance with the provisions of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, timely and truthfully report to the departments responsible for supervision such as safety supervision, housing and urban construction, and do a good job in work-related injury insurance. If there is any new situation after the accident report, it should be reported in time. The relevant units and personnel who make false reports, conceal reports, delay reports and omit reports shall be severely punished according to law.
Twelve, actively play the role of trade unions in the work of safeguarding workers' rights. Trade unions at all levels should strengthen the construction of grass-roots organizations, and strive to incorporate front-line construction workers into trade union organizations through various forms such as project trade unions, trust trade unions and joint trade unions to provide support for their rights protection. Improve the professional ability and service level of grass-roots trade unions in the field of industrial injury rights protection. Conditional enterprise trade unions should set up industrial injury protection commissioners, learn and master industrial injury insurance policies, intervene in the whole process of industrial injury accident handling, understand the needs of industrial injury workers, track the payment process of industrial injury benefits, and supervise the implementation of various rights and interests of industrial injury workers.
Thirteen, make concerted efforts to safeguard the labor rights and interests of construction workers. Human resources and social security departments should actively cooperate with relevant departments, take vigorously promoting construction enterprises to participate in industrial injury insurance as an important task and key work area to expand social insurance coverage, conduct a thorough investigation of various construction enterprises and construction projects, and strive to achieve comprehensive coverage as soon as possible. Local human resources and social security, housing and urban construction, safety supervision and other departments should conscientiously perform their respective functions, investigate and deal with illegal construction, illegal subcontracting, illegal employment, non-participation in work-related injury insurance and other illegal acts according to law, further standardize the order of the construction market and protect the rights and interests of construction workers' work-related injury insurance. Human resources and social security, housing and urban construction, safety supervision and other departments and the Federation of Trade Unions shall regularly organize and carry out joint supervision over the rights protection work of construction workers. Relevant departments and trade unions should establish an inter-departmental information sharing mechanism, and timely communicate information such as project commencement, project employment, participation in work-related injury insurance, and safety production supervision. , realize the interconnection of information such as construction workers' insurance, and provide effective protection for safeguarding the rights and interests of construction workers at work.
The protection of workers' industrial injury rights and interests in transportation, railway, water conservancy and other related industries can be implemented with reference to the provisions of this document.
Local human resources and social security, urban and rural housing construction, safety supervision and other departments and trade unions should formulate specific implementation plans in accordance with national laws and regulations and the spirit of this document, combined with local conditions, hold regular coordination meetings of relevant departments, * * * study and solve related difficulties and key issues, and jointly do a good job in safeguarding the rights and interests of construction workers' industrial injury insurance.
Ministry of Human Resources and Social Security
Ministry of Housing and Urban-Rural Development
General administration of safety supervision
All-China Federation of Trade Unions
20 14 12.29
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