Interim Procedures of Shanghai Municipality on the Comprehensive Insurance for Out-of-town Employees (2004 Amendment)

Interim Procedures of Shanghai Municipality on the Comprehensive Insurance for Out-of-town Employees (2004 Amendment)

(Promulgated on July 22, 2002 by Decree No. 123 of the Shanghai Municipal People's Government and revised according to the "Decision of Shanghai Municipal People's Government on the Revision of the 'Interim Procedures of Shanghai Municipality on the Comprehensive Insurance for Out-of-town Employees'")
　Article 1 (Purpose)

In order to ensure the legitimate rights and benefits of out-of-town employees, normalize the act of employment of the units, and safeguard the order of labor market in this Municipality, these Procedures are formulated with full consideration to the actual circumstances of this Municipality.
　Article 2 (Definition)

The comprehensive insurance for out-of-town employees mentioned in these Procedures (hereinafter referred to as the comprehensive insurance) refers to the three insurance benefits with industrial injuries (or unexpected injuries), hospital treatment, and old-age allowance included.

The out-of-town employees refer to the personnel from other provinces, autonomous regions and municipalities directly under the Central Government without the permanent Shanghai residence registration who do physical labor or commercial business in this Municipality and meet the employment requirements of this Municipality.
　Article 3 (Scope of Application)

These Procedures apply to the State organs, mass organizations, enterprises (including out-of-town construction enterprises), institutions, private institutions, individual economic organizations that employ out-of-town employees in the administrative area of this Municipality (hereinafter referred to as the employer-units), and the out-of-town employees they employ and the out-of-town employees not affiliated with any unit.

These Procedures do not apply to the following out-of-town employees:
1. The persons doing household service;
2. The persons doing agricultural work; and
3. The talents introduced according to the "Interim Provisions on the Implementation of the System of 'Residence Permit of Shanghai Municipality' to Introduced Talented Personnel".
　Article 4 (Administrative Department)

The Municipal Labor and Social Security Bureau is the competent administrative department of the municipal comprehensive insurance in charge of the unified administration of the comprehensive insurance. The administrative agency in charge of the employment of out-of-town employees under the labor and social security administrative department shall be responsible for the specific administrative work.

The Municipal Construction and Management Commission, in cooperation with the Municipal Labor and Social Security Bureau, takes charge of the organizing and carrying out of the comprehensive insurance of out-of-town employees of the building and construction enterprises in Shanghai. The municipal departments of public security, finance, industry and commerce, public health and sanitation shall coordinate in doing a good job of the administration of the comprehensive insurance according to their respective duties.
　Article 5 (Subject of Payment of Premium)

The employer-units and the out-of-town employees not affiliated with any unit shall pay the comprehensive insurance premium according to the provisions of these Procedures.
　Article 6 (Registration Procedures)

The employer-units shall, within 30 days upon the implementation of these Procedures, go through the registration procedures of the comprehensive insurance with the administrative agency in charge of the employment of the out-of-town employees. The employer-units that employ out-of-town employees or the employer-units that enter the construction market of this Municipality shall, within 30 days upon employing out-of-town employees, go through the registration procedures of the comprehensive insurance.

The out-of-town employees not affiliated with any unit shall go through the registration procedures of the comprehensive insurance with the administrative agency in charge of the employment of out-of-town employees.

The specific registration items of the comprehensive insurance shall be separately formulated by the Municipal Labor and Social Security Bureau.
　Article 7 (Cancellation and Alteration)

When a employer-unit that winds up or moves out of this Municipality according to law, or there is an alteration of the registration items of the comprehensive insurance, it shall, within 30 days upon the occurrence of such situations, go through the cancella......