Interpretation Of Five Laws And Regulations Related To Labor And Social Security

In the first half of this year, a series of new

With the introduction of normative documents in the field of social security, the construction of the legal system has entered a fast lane. The staff of the Fuzhou Municipal Bureau of human resources and social security carried out a detailed analysis of these documents.

Let's go and have a look.

1. In January 1st of this year, the decision on Amending the method of holidays for national festivals and anniversaries was officially implemented (No. 644th of the State Council).

This modification directly affected the Spring Festival holiday arrangement in the same year.

According to the decision, all citizens in the "Spring Festival" holiday for 3 days, the specific arrangements to be changed into the 1th day of the first month of the Chinese lunar calendar, the second, the third.

Lunar New Year thirty is no longer a statutory holiday for the Spring Festival.

Two, in January 24th of this year, the Decree No. twenty-second of the Ministry of human resources and social security promulgated the Interim Provisions for the dispatch of labor services, and the new regulations will come into force on March 1st this year.

There are many bright spots in this regulation, which provide detailed rules for the labor dispatch, business contract and outsourcing of the employer.

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"What is most striking is the clear description of the" three nature "of employing laborers in temporary, auxiliary and alternative jobs.

Three, in February 21st this year, the State Council issued the "opinions on the establishment of a unified basic old-age insurance system for urban and rural residents" (Guo Fa [2014]8), and set up a unified urban and rural endowment insurance system throughout the country. At the end of 12th Five-Year, the implementation of the new rural housing and urban resident insurance system was basically implemented in the whole country, and it was linked to the basic old-age insurance system for workers. Before 2020, a fair, unified and standardized endowment insurance system for urban and rural residents was established nationwide.

Four. In April 24th this year, the eighth session of the Standing Committee of the twelve National People's Congress (NPC) gave explanations to 266th articles of the criminal law, and decided to defraud the social insurance or other social security for the elderly, medical, work-related injury, unemployment, childbirth and other social security by fraudulent or forged certification materials or other means. It belongs to the fraudulent public and private provision stipulated in the 266th provision of the criminal law.

The act should be identified as fraud.

Next, the state will combine judicial practice to push forward the judicial interpretation of the study, further refine the penalty application and standards of various social security fraud cases, and enhance the operability of criminal law interpretation.

Five, in April 25th of this year, the Decree No. 652nd of the State Council promulgated the regulations on personnel management of public institutions, and has been implemented since July 1st.

The regulations stipulate that personnel disputes between public institutions and their units shall be handled in accordance with the relevant provisions of the labor dispute mediation and Arbitration Act, and staff members of public institutions who refuse to accept the examination results and punishment decisions may apply for reexamination and lodge complaints.