On March 23, Foshan Municipal Bureau of Human Resources and Social Security held a news conference to publicize and interpret The Measures For Workers Over The Legal Retirement Age To Participate In Work-Related Injury Insurance (Trial)" (hereinafter referred to as The Measures) issued by the Provincial Department of Human Resources and Social Security, the Provincial Department of Finance, and the Provincial Taxation Bureau.
According to Qiu Yikang, Chief of the Work Injury Insurance Section of the Municipal Bureau of Human Resources and Social Security, in 1992 Foshan City has established a work injury insurance system, and all types of employees who have established labor relations with employers have been included in the scope of work injury insurance in accordance with the law. In 2020, the number of work-related injury insurance participants in Foshan reached 3.359 million, accounting for about 9% of the whole province. However, over-age workers, interns and other personnel who were in a non-standard employment relationship were not within the scope of the Work Injury Insurance Regulations, and their demand for industrial injury insurance were as urgent. Therefore, Guangdong has issued The Measures to solve this problem.
The specific personnel (in a non-standard employment relationship) belong to the scope of work-related injury insurance purchase requirement in The Measures are:
01 Those who work in a business unit over the legal retirement age (including those who not not have employee pension insurance benefits and those who have re-employed after retirement)
02 Persons who have work-related disability allowances or sickness allowances from Grade I to Grade IV
03 Intern students (including intern students who have signed a tripartite internship agreement or contacted the internship unit by themselves and work-study students used by the employment unit)
04 Unit trainees
05 Workers who have not established a labor relationship such as domestic service personnel employed in domestic service organizations (hereinafter referred to as practitioners)
06 Village (community) committee members
07 Business practitioners who provide new business services such as online car hailing, take out or delivery for online shopping
08 Volunteers engaged in specific public welfare activities (emergency rescue, public health prevention and control, large-scale activities, etc.) held by voluntary service organizations established according to law
According to The Measures, if calculated according to the lower limit of the payment base and the average rate, the current average monthly payment per person is about 6.5 yuan; if there is a work-related death, the current one-time work death compensation is about 900,000 yuan. In addition, there is a monthly payment of dependent family pension (each person gets 30% of the paid wages, and the total shall not exceed 100%).
According to the social insurance law, the employees who have established labor relations with the employing units can benefit from the full social insurance (hereinafter referred to as full social insurance), which normally refers to the five insurance including endowment insurance, medical insurance, industrial injury insurance, unemployment insurance, maternity insurance. In view of the fact that the over age workers, interns and other specific personnel employed have not established labor relations with the employing units, The Measures stipulates that the unit may, according to the Principle of Voluntary Insurance, choose to purchase work-related injury insurance and pay work-related injury insurance premium for the above-mentioned employees who have not established labor relations.
That is to say, specific personnel in non-labor relations do not benefit from the five insurance mentioned above, but the employing unit can voluntarily purchase work-related injury insurance for their individual personnel.
The Measures stipulate that if certain employees who have been insured suffer from work-related injuries or occupational diseases, their work-related injury identification, work-ability assessment, and work-related injury insurance compensation paid by the work-related injury insurance fund shall be implemented in accordance with the Social Insurance Law, Work Injury Insurance Regulations, and Regulations on Work Injury Insurance and other relevant national and provincial regulations.
Can an employee who has established a labor relationship with an employing unit only gets the work-related injury insurance instead of all 5 compulsory insurance according to The Measures?
The Measures clearly states that the employees and staff of public institutions who have established labor relations with employers shall get the social insurance in accordance with the law. These people are not included in the scope of individual employees who only gets the work-related injury insurance. Employers are also not allowed to change the insurance type of contracted employees from full social insurance to single work-related injury insurance.
How do those who belong to one of the eight categories mentioned above get the work-related injury insurance?
If these people work for multiple units,each unit can pay work-related injury insurance premium for them; if employees move between different units in the same month, each unit can get the monthly work injury insurance for them.
For example, Mr. X has a regular job during the day and has already got the full social insurance from his employer. If he delivers foods for a food delivery platform at night as a part-time job, it is okay for him to have both his full social insurance and the work-related injury insurance at the same time.
How do employing units get the work-related injury insurance for their personnel who belong to one of the above 8 categories?
The business units shall submit an application to the local tax department in electronic or paper form.
What are the specific benefits that specific employees can enjoy after having the individual work-related injury insurance in accordance with The Measures?
After getting the work-related injury insurance, people in a non-standard employment relationship have the same benefits paid by the work injury insurance fund as the employees who are officially contracted, including the work-related injury medical treatment, 100% reimbursement of the work-related injury medical expenses, hospital food subsidy of 50 yuan/day, installation allowance of assistance devices, level 1-4 disability allowance, one-time disability allowance, one-time medical allowance, etc. In the event of a work-related death, the current one-time work-death compensation is about 900,000 yuan.
Shall the intern students be insured by their school or by the internship unit?
For intern students, the employer can apply for the work injury insurance for them; if they are sent to other provinces for internship and the local area does not have the same work-related injury insurance policy, their school can apply for the work-related injury insurance for them.
What is the soonest time for personnel who belong to one of the above 8 categories to be insured?
The Measures clarifies that work-related injury insurance starts to take effect from the next day after the insurance premium are paid in accordance with regulations.
Work-related injury insurance premium cannot be refunded.
When personnel who belong to one of the above 8 categories apply for work-related injury identification, do they submit the same materials and have the same identification conditions as the officially contracted employees?
No.
When the Human Resources And Social Security Department deals with the application for injury identification of personnel of the eight categories, they mainly review the insurance payment status. Labor relationship materials are not required. In the injury identification and verification part, the type of industry, occupational status, and employment activities etc. should be matching with the information registered during the insurance application.
For retired employees who have got endowment insurance and work-related injury insurance in accordance with The Measures, if they were injured at work and were assessed as disabled at level 1 to 4, or died at work, could they enjoy both pension benefits and disability allowance at the same time?
No.
The disability allowances for employees at the first to fourth levels due to work-related injuries and the employee endowment insurance benefits are subject to the principle of No Double Enjoyment.
The same rule applies to death subsidy. People can only choose one of the two.
How to guarantee the medical treatment of personnel who belong to one of the above 8 categories if they are assessed as disabled at level 5 to 10?
For personnel who are assessed as disabled at level 5 to 10 due to work-related injury, a one-time work-related injury medical subsidy can be issued upon application, and they can continue to have the right to the benefits paid by the work-related injury insurance fund before they claim the compensation. If they choose to receive the compensation, the work-related injury insurance will be terminated. For the employees who haven’t terminated their work-related injury insurance and still need to continue treatment after the expiration of the employment period, internship period, service period, and the expiration of their term of office, the insurance fund will continue to provide protection for them according to the regulations.
What about the concern that employing units purchasing individual work-related injury insurance may be considered as establishing a labor relationship with the personnel?
The Measures clarifies that the individual work injury insurance shall be voluntarily purchased employing units, which shall not be used as a basis for confirming the labor relationship between the two parties. If the two parties have a dispute over whether there is a labor relationship, the dispute shall be handled in accordance with the relevant regulations of labor disputes. If a employing unit violates its commitment and only purchase the individual work injury insurance for its officially-contracted employee instead of the full social insurance, when a work injury occurs the employer shall bear the liability of the employer for the work injury insurance according to law.
How to prevent employing units or employees from fraudulently obtaining work-related injury insurance benefits?
The Measures clarifies that if a unit or employee fraudulently obtains work-related injury insurance benefits or work-related injury insurance fund through fictitious work accidents or forged work-related injury materials, they will be dealt with according to the provisions of the Social Insurance Law and will be held responsible for fraud.
