The Social Insurance Law Is About To Implement &Nbsp, And The Advance Compensation Policy Raises Concerns.

[core reading]

Industrial accidents can make a family get into trouble instantly.

Many work-related workers were not injured in the work-related injuries.

Liu Jisheng, a 53 year old migrant worker from Hunan, accidentally fell down on the roof of the building 3 months ago, causing severe head injury and lung injury. He fell into a semi vegetative state and reported several times in hospital after being hospitalized.

A common industrial accident, however, was not signed with a written labor contract by a Railway Bureau in the employing unit, nor did it pay the insurance premium for work injury. The cost of treatment was not in place in time, and the treatment of Liu Jisheng was hard to maintain.

This is not an example.

Although the social security undertakings are being actively promoted and made great progress, many ordinary workers have not yet been included in the coverage of work-related injury insurance.

According to the statistical yearbook issued by the National Bureau of statistics, the number of workers participating in industrial injury insurance in China in 2010 was 161 million 730 thousand.

This figure is far below the number of employees in the second, third industry.

The soon to be implemented social insurance law extends the beneficial population of work-related injury insurance to non

With the protection of the law, Liu Jisheng's dilemma should be solved.

However, the reality is not optimistic, and this "reassurance" wants to enter, and there are several difficulties.

Question 1:

Advanced payment conditions need to be refined.

Long term commitment to the protection of workers, the NGO organization, Beijing Yi Lian labor law assistance and Research Center (hereinafter referred to as "Yi Lian") shows that in the handling of industrial accidents, the delay in payment by employers is very common.

The interview statistics of 212 uninsured workers by Yi Lian showed that even after cumbersome and difficult legal procedures, after confirming labor relations, obtaining industrial injury identification and labor capability appraisal, 72.4% of employers refused to pay compensation and were forced to initiate arbitration and litigation procedures.

Only 26.1% of the injured workers who received compensation were compensated within one year from the date of injury, and 21.7% took 3 years or even longer, with an average time of 2.02 years.

"The conditions for the payment of work-related injury insurance funds should be refined."

Huang Leping, director of the justice Union Center, said that the social insurance law established the principle of first payment, but the situation is very complicated in the specific operation. There are many detailed details on the criteria for judging the employer's failure to pay, the threshold and procedure for the workers to apply for the first payment, and the way of recovering the government departments.

For example, if the employer agrees to compensate, but he avoids the payment of the procrastination and payment, does it mean "the employer does not pay"?

Does the worker apply for the first payment? Is it based on the identification of industrial injury?

In order to ensure that workers suffering from industrial injury receive treatment for the first time, Huang Leping suggests lowering the threshold for applying for advance compensation. For those who need urgent treatment, the medical injury should be paid first without prejudging the procedure of injury identification.

Question two:

Illegal employment units not covered

Guan Xiangkun, deputy director of the law department of the all China Federation of trade unions, believes that the greatest significance of advance compensation is to pfer the employer liability principle of industrial accidents to state responsibility, thus strengthening the protection of workers.

However, the premise of "state responsibility" is that the employing unit is the legal subject, and there is no coverage for workers who have suffered industrial injuries in illegal employment units.

Guan Xiangkun said that in many areas, illegal employment units without business licenses or registered without law, being revoked by law or revoking registration and using child labor are generally not recognized as work-related injuries, but only by workers and employers.

In the survey, Yi Lian also found 7.2% illegal employment units in the employing units.

In fact, the labor contract law has clearly declared that the workers in the illegal business units should be protected equally, and the labor relations between the illegal business units and the workers should be included in the scope of the legal adjustment.

Therefore, at the level of social security law, workers in illegal employment units should also receive equal protection.

Question three:

First payment and weak recovery.

First payment means recovery.

According to the "social insurance law", the industrial injury insurance premium paid first from the industrial injury insurance fund shall be paid by the employer.

If the employer fails to repay, the social insurance agency can recover it.

Guan Xiangkun believes that in practice, fund security is a major obstacle to the implementation of the payment system.

Although recourse is the responsibility of the social security agency, there is no corresponding authority, and manpower and material resources are limited.

But how can we ensure the safety of the fund?

Therefore, it is necessary to establish linkage mechanism with relevant departments such as labor supervision to refine the responsibility and authority of recovery.

Sun Shuhan, a professor in the school of labor and personnel at Renmin University of China, who is engaged in social security research, also believes that many small businesses, especially the "four small businesses" with frequent accidents, once the industrial accidents happen, the bosses will pack up the "human body evaporate" and recover from them.

The industrial injury insurance fund is made by the law-abiding enterprises. If they are paid for the uninsured enterprises, they will not catch up with them. That is to say that obeying the law is illegal and "paying the bill" is not conducive to encouraging employers to pay social security, and is not conducive to the normal operation of the fund.

Moreover, now the industrial injury insurance fund is a municipal co-ordination. Once the advance compensation is fully implemented, some resource cities will also face a deficit situation.

Sun Shuhan suggested that, besides the industrial injury insurance fund, the government should set up a "industrial injury relief fund" as a life-saving money for work-related injury workers, and it is necessary to identify the need for emergency treatment, which will be a powerful supplement to industrial injury insurance.

Question four:

Lack of disciplinary protection

Work-related injury insurance is not mandatory, but how to punish employers who do not participate in the insurance industry has become a hot topic.

According to the provisions of the social insurance law, the employer shall not pay for social security. The Department shall pay a fine of more than three times the amount of the social insurance premiums. The person in charge shall be fined more than 500 yuan or less than 3000 yuan. If the person fails to pay the bill in full and on time, he will receive a fine of 5/10000 of the late fee, which fails to pay the overdue payment, and the relevant administrative department shall pay a fine of more than one time or more than three times the amount owed.

Sun Shuhan believes that the "social insurance law" does not play a deterrent role for the employers who do not participate in the insurance in accordance with the law.

A law enforcement linkage mechanism should be established to link the participation in social security with the annual examination of enterprises and set up a social security risk mortgage, and participation insurance should be the condition for registration of enterprises.

If you do not participate in the insurance is not only a fine, but also "jail", which is very deterrent to the unit responsible person, I believe that the employing units will be more and more.

In view of the social concerns aroused by the advance compensation, Xie Liangmin, Vice Minister of the legal department of the National Federation of trade unions, said that the government departments concerned have seen the operational problems and are studying the details.