A One-Off Compensation Method For Casualties Of Illegal Employment Units (2011)

Symbol: No. ninth of the Ministry of human resources and social security of the People's Republic of China

The newly revised "one-off compensation for casualties of illegal employment units" has been adopted by the fifty-sixth ministerial meeting of the Ministry of human resources and social security. It is hereby promulgated and shall be implemented as of January 1, 2011.

Minister: Yin Yumin

December 31st, two

Article 1. These measures are formulated in accordance with the authorization of the first paragraph of article sixty-sixth of the industrial injury insurance Ordinance.

The second article refers to the casualties of illegal employment units as mentioned in these measures. They refer to those who have no business licenses or are not registered or filed for registration according to law, and those who are revoked or revoked or filed for registration according to law.

The units listed in the preceding paragraph shall, in accordance with the provisions of these measures, give one-time compensation to the disabled relatives, the close relatives of the dead workers, the disabled children workers or the near relatives of the dead child laborers.

The third one-time compensation includes the cost and one-time compensation for the workers or child laborers who are injured by the accident or suffering from occupational diseases.

The amount of lump sum compensation should be determined by the death of workers or child laborers injured by accidents or by occupational diseases or after the identification of labor capacity.

The appraisal of labour capacity is conducted in accordance with the principle of territoriality.

The labor capacity appraisal fee is paid by the casualty worker or child labor unit.

Fourth workers or child laborers are injured by accidents or occupational diseases. The cost of living before treatment is determined according to the average monthly wage of the workers in the whole district. Medical expenses, nursing expenses, allowance for meals during meals and pportation expenses are determined according to the standards and scope stipulated in the regulations on work-related injury insurance, and all of them are paid by disabled workers or child labor units.

The fifth one-time compensation is paid according to the following criteria:

The first class disability is 16 times the compensation base, the two level is 14 times the disability base, the three class disability is 12 times the compensation base, the four grade disability is 10 times the compensation base, five grade disability is 8 times of the compensation base, six class disability is the 6 of the compensation base, the 6 grade is the injury compensation base number of times, the class level disability is the compensation base number, the class disability is the compensation base number, and the class disability is the compensation base.

The term "compensation base" mentioned in the preceding paragraph refers to the average annual salary of the workers in the industrial injury insurance co ordinating area in the previous year.

Sixth death caused by accidents or occupational diseases shall be paid in lump sum according to the 20 times of the per capita disposable income of the urban residents in the previous year, and other compensation payments such as funeral allowance shall be paid in a lump sum according to the 10 times of the per capita disposable income of the urban residents in the previous year.

If seventh units refuse to pay a one-time compensation, the nearest relatives of disabled workers or death workers, disabled children or near relatives of child labour can be reported to the human resources and social security administrative departments.

As verified by the investigation, the administrative department of human resources and social security shall order the unit to make corrections within a specified time.

The eighth nearest relatives of disabled workers or death workers, the disabled children workers or the close relatives of the dead child labor shall deal with the disputes in accordance with the relevant provisions of the labor dispute handling when the amount of compensation is in dispute with the unit.

The ninth measures shall come into force on January 1, 2011.

In September 23, 2003, the Ministry of labor and social security promulgated the "one-off compensation for casualties of illegal employment units" at the same time abolished.