Implementation Measures of Shaanxi Province’s “Unemployment Insurance Regulations”
(Shaanxi Provincial People's Government Order No. 88 issued on July 12, 2003, revised in accordance with the "Shaanxi Provincial People's Government's Decision on Amending the Implementation Measures of the Shaanxi Provincial Unemployment Insurance Regulations" on May 8, 2009)
Article 1According to the "Unemployment Insurance Regulations" of the State Council,Based on the actual situation of the province,Develop these measures。
Article 2Urban enterprises and institutions within the administrative region of this province、Social groups、Private non-enterprise units (hereinafter referred to as units) and their employees and employees under labor contracts of state agencies,In accordance with these regulations,Registration for unemployment insurance,Pay unemployment insurance premiums,Enjoy unemployment insurance benefits according to law。
Article 3People’s governments at all levels should strengthen leadership over unemployment insurance work,Do a good job in organization and coordination。
The human resources and social security administrative departments of the local people's governments at or above the county level are responsible for the unemployment insurance work within their respective administrative regions。
Article 4City divided into districts、County (city)、The administrative department of human resources and social security of the People's Government of the district has established an unemployment insurance agency,Specially responsible for unemployment insurance work。The working funds of the unemployment insurance agency are included in the budget,Allocated from the finance。
The finance department of a municipality divided into districts shall arrange certain special funds to subsidize county-level unemployment insurance agencies to carry out their business。
Article 5Finance at all levels、Local tax、Civil Affairs、Audit、Business and Industry、Statistics and other administrative departments and banks should coordinate with the human resources and social security departments to carry out unemployment insurance work。
Article 6Unemployment insurance funds must be deposited into a special financial account established by the financial department in a state-owned commercial bank,Implement two-line management of revenue and expenditure,By Finance、The audit department shall supervise in accordance with the law。
Special funds for unemployment insurance funds,Not allowed to be used for other purposes,May not be used to balance the budget。
Article 7Unemployment insurance premiums are paid according to the following regulations:
(1) The unit pays 2% of the average monthly salary of its employees in the previous year;Individual employees pay 1% of their average monthly salary income in the previous year,The employer will withhold and pay from wages on a monthly basis。
(2) The salary of employees is lower than 60% of the average monthly salary of local employees on the job in the previous year published by the statistics department,60% of the average monthly salary of local employees in the previous year is used as the payment base;300% higher than the average monthly salary of local employees in the previous year,Use 300% of the average monthly salary of local employees in the previous year as the payment base。
(3) Farmer contract workers do not pay unemployment insurance premiums。
Article 8Enterprise、Unemployment insurance premiums paid by the difference allocation and self-financed public institutions shall be disbursed before income tax;Fully funded public institutions、Social groups、Unemployment insurance premiums paid by private non-enterprise units shall be included in the social insurance premiums of the unit。
Unemployment insurance premiums paid by individual employees,When calculating personal income tax,Should be deducted from the payable income of wages and salaries。
Article 9Base monthly unemployment insurance m88 slot machine casinopremiums payable by units and individual employees and unemployment insurance premiums,Unemployment insurance agencies at all levels are responsible for verification,Unemployment insurance premiums are collected by local tax authorities。
The unemployment insurance agency shall promptly provide the local tax authorities with unemployment insurance registration for the paying unit、Change registration、Cancellation of registration and payment declaration。
The local tax authorities shall notify you before the 3rd of each month,Transfer the special payment form for social insurance premiums of each paying unit to the unemployment insurance agency。
Unemployment insurance agencies should establish payment records,Continuously record the payment status of the unit and individual employees。
Article 10Units and employees have the right to inquire payment records。The unit should regularly announce to employees the status of unemployment insurance premiums paid by the unit and employees every year。
Article 11Unemployment insurance premiums shall not be reduced or reduced。The unit is temporarily unable to pay under any of the following circumstances,Application submitted by the unit,Approved by the local human resources and social security administrative department,After the payment deferment period is approved and the payment deferment notice is issued,Only before payment can be deferred:
(1) Failure to pay wages (including living expenses) to employees for three consecutive months due to operating difficulties;
(2) The unit is on the verge of bankruptcy,Within the statutory rectification period;
(3) Units causing serious losses due to natural disasters,Unable to produce and operate normally,In the period of discontinuation。
The payment deferral period shall not exceed 6 months from the date of approval。Failure to pay at the end of the term without justifiable reasons,A late payment fee of 2‰ will be added on a daily basis from the date of expiration of the postponement period。
Refusing to pay unemployment insurance premiums、Late fee,The local tax authority shall apply to the People’s Court for compulsory collection according to law。
Article 12Dismissed、Close、Bankrupt or canceled unit,Should be within 15 days from the date of announcement,Notify in writing the human resources and social security administrative department where the unemployment insurance relationship is located to participate in the property liquidation,Repay the unpaid unemployment insurance premiums from the proceeds from the realization of assets in accordance with the law。
Change of enterprise management rights or ownership,The unpaid unemployment insurance premiums should be paid off;Unliquidated,The party that obtains the management right or ownership is responsible for paying the full amount。
Unit whose legal personality has been lost,Stop paying unemployment insurance premiums starting from this month。
Article 13Unemployment insurance funds are implemented as a whole in cities divided into districts,Except otherwise provided by the Provincial People’s Government。
Establishing a provincial unemployment insurance adjustment system。The adjustment fund is based on the unemployment insurance premiums levied by each city according to law,Raised at 03% of the 3% unemployment insurance rate,Cities shall turn it over to the provincial fiscal account on a quarterly basis within the 20th day of the month following each quarter。For overdue payments,Deducted by the provincial finance from the financial budget of the relevant city。
Article 14When the unemployment insurance fund of a district or city cannot cover its expenses,Previous year balances should be used first;When the balance over the years is still insufficient,Adjusted from provincial unemployment insurance adjustment funds and financial subsidies from districts and cities。
Provincial adjustment funds and financial subsidies for districts and cities are shared in a ratio of 1:1。When the provincial adjustment fund is insufficient,Subsidy provided by the provincial finance。
Article 15Budget of Unemployment Insurance Fund Revenue and Expenditure、Final accounts,Compiled by district and city unemployment insurance agencies,Reviewed m88 online sports bettingby the human resources and social security administrative department of the people's government at the same level、Financial department review,Submit to the Municipal People’s Government for approval。
Article 16Unemployed people who meet both the following conditions,Can receive unemployment insurance benefits:
(1) Participate in unemployment insurance in accordance with regulations,The employer and I have fulfilled our payment obligations in accordance with regulations for one year;
(2) Interruption of employment not due to one’s own will;
(3) Unemployment registration has been completed,Those who have job requirements。
Unemployed people are receiving unemployment insurance benefits,Enjoy other unemployment insurance benefits as required。
Article 17Unemployed people have one of the following situations,Suspension of unemployment insurance benefits;Those who are again eligible to receive unemployment insurance benefits,Receive unemployment insurance benefits for the remaining period:
(1) Those who are subject to military service;
(2) Those engaged in paid work;
(3) Those who have been sentenced to prison for execution or reeducation through labor;
(4) There is law、Other situations stipulated in administrative regulations。
Article 18Unemployed people have one of the following situations,Stop receiving unemployment insurance benefits:
(1) Those who enjoy pension insurance benefits;
(2) Those who emigrate abroad;
(3) Refusing employment service agencies to provide appropriate employment opportunities three times without justifiable reasons;
(4) There is law、Other situations stipulated in administrative regulations。
Article 19The unit should promptly issue a certificate of termination or termination of the labor relationship to the unemployed,Inform them in writing of their right to enjoy unemployment insurance benefits in accordance with regulations,And list of unemployed persons、Files and other information within 7 days from the date of termination or dissolution of the labor relationship,Filing with the unemployment insurance agency in the place where the unemployment insurance relationship is located。
After employees lose their jobs,Should be within 60 days from the date when the unit issues a certificate of termination or rescission of the labor contract,Go to the unemployment insurance agency where the unemployment insurance relationship is located to handle unemployment registration and unemployment insurance claim application procedures,Receive unemployment certificate。The unemployment certificate is uniformly printed by the provincial human resources and social security administrative department。
The unemployment insurance agency shall within 15 days from the date of receiving the unemployment application,Confirm whether he should enjoy unemployment insurance benefits。Those who are eligible to receive unemployment insurance benefits,Receive unemployment insurance benefits from the next month after confirmation。
The unemployed person is unable to apply for unemployment registration due to the fault of the unit,Their unemployment insurance benefits,Payment shall be made by the unit according to the prescribed standards and deadlines。
Article 20Unemployment insurance benefits are calculated based on 75% of the minimum wage standard for the current year announced by the Provincial People’s Government。
Article 21Payment of unemployment insurance benefits,Documents for receiving unemployment insurance benefits issued by the unemployment insurance agency on a monthly basis,Unemployed people go to the designated bank to receive unemployment insurance benefits with their documents。
Article 22Period for unemployed persons to receive unemployment insurance benefits,Determined based on the accumulated payment time of the unemployed before losing their job,No more than 24 months:
(1) The cumulative payment period is more than 1 year but less than 2 years,Receive 3 months of unemployment insurance benefits;
(2) The cumulative payment period is more than 2 years but less than 3 years,Receive 6 months of unemployment insurance benefits;
(3) The cumulative payment period is more than 3 years but less than 4 years,Receive 9 months of unemployment insurance benefits;
(4) The cumulative payment period is more than 4 years but less than 5 years,Receive 12 months of unemployment insurance benefits;
(5) The cumulative payment period is more than 5 years but less than 10 years,Receive 18 months of unemployment insurance benefits;
(6) The cumulative payment period is more than 10 years,Receive 24 months of unemployment insurance benefits。
The payment time of unemployment insurance premiums is calculated based on the cumulative time of payment of unemployment insurance premiums by the unit and individual employees respectively。
Article 23Unemployed persons are within the period of receiving unemployment insurance benefits,Those who are unemployed again after being re-employed,Payment time recalculated,The period for receiving unemployment insurance benefits can be combined with the period for which unemployment insurance benefits should have been received but not received during the previous unemployment,But the maximum period shall not exceed 24 months。
Article 24Continuous working years of individual employees before the implementation of the unemployment insurance individual contribution system,Regarded as personal payment time,Combined with the actual payment time after the implementation of the individual payment system;When the cumulative payment time of an individual employee is inconsistent with the cumulative payment time of the unit where he worked before unemployment,Based on the accumulated payment time of individual employees。
Article 25During the labor relationship between the unit and the employee,Interruption of payment due to work unit,When calculating unemployment insurance benefits after the employee loses his job,Pay according to interruption every year,Reduce the period for receiving unemployment insurance benefits by 1 month。Reduced unemployment insurance benefits,paid by the unit。
Article 26Unemployed people after the expiration of unemployment insurance benefits,Cannot be re-employed,And less than 2 years away from the legal normal retirement age,You can apply to continue receiving unemployment insurance benefits until the legal normal retirement age。The standard for continuing to receive unemployment insurance benefits is 80% of the unemployment insurance benefits,But it shall not be lower than the minimum living standard for local urban residents。
Article 27Medical subsidies for unemployed persons while receiving unemployment insurance benefits,Calculated and paid based on 6% of the local unemployment insurance standard,Disbursed monthly along with unemployment insurance benefits,Used on a lump sum。Those who are sick and need hospitalization,Approved by the unemployment insurance agency,Hospitalization in a hospital designated by the unemployment insurance agency,You can apply for a one-time hospitalization medical subsidy based on 70% of the hospitalization medical expenses,But the maximum shall not exceed 2 times the total amount of unemployment insurance benefits that I should receive。
Farmer contract workers do not enjoy one-time medical subsidies。
Injury due to illegal behavior、People receiving unemployment insurance benefits who are sick,Does not enjoy one-time medical subsidy。
Article 28An unemployed person dies while receiving unemployment insurance benefits,The family members can apply to the unemployment insurance agency for funeral subsidies、One-time pension for supporting immediate family members。Unemployment insurance benefits not yet received in the month of the unemployed person’s death,Can be collected by his family members。But died due to participation in illegal activities,Not allowed to apply for funeral subsidy and one-time pension for supporting immediate family members。
Standards for funeral benefits and one-time pensions for supporting immediate family members,Determined by the provincial human resources and social security administrative department with reference to the enjoyment standards for employees of enterprises in the province。
Article 29Farmer contract workers have worked continuously for one year,This unit has paid unemployment insurance premiums,If the labor contract expires and is not renewed or the labor contract is terminated in advance,You can apply for a one-time living subsidy from the unemployment insurance agency。The subsidy period is 1 month for every full year,But no more than 24 months,The subsidy standard is the local unemployment insurance payment standard。
Article 30During the period when female unemployed persons receive unemployment insurance benefits,Those who have children in compliance with family planning regulations,Audited by the unemployment insurance agency,You can receive a one-time maternity subsidy equivalent to 3 months of unemployment insurance benefits。
Article 31Unemployed persons who meet the minimum living security requirements for urban residents,Can enjoy the minimum living security treatment for urban residents in accordance with regulations。
Article 32Unemployed people can enjoy one vocational training and job introduction subsidy while receiving unemployment insurance benefits。The specific subsidy measures shall be formulated separately by the provincial human resources and social security administrative department in consultation with the provincial financial department。
Article 33unit、When employees transfer across the province’s coordinating areas,The unemployment insurance relationship should be transferred accordingly,Unemployment insurance premiums are not transferred。The unemployment insurance agency in the place of transfer should issue an unemployment insurance transfer certificate to the transferring unit or employee。The transferring unit or employee should go to the unemployment insurance agency in the place of transfer with proof within 60 days to complete the renewal procedures,Based on the payment base approved by the transfer agency,Unemployment insurance premiums shall be paid starting from the month when payment is stopped in the place of transfer。
The employer where the unemployed person worked before losing his job is not in the same coordinating area as his or her household registration,The unemployment insurance agency where the original unemployment insurance relationship is located will transfer the unemployment insurance relationship to the place of household registration,Payment shall be made by the unemployment insurance agency in the place of household registration according to the unemployment insurance standard of the place of transfer。
Unit、Employees and unemployed persons relocating across provinces,According to relevant national regulations。
Article 34Unemployment insurance agencies should establish a public disclosure system,Hang the service program in a conspicuous place、Project、Standard,Convenience for the masses,Accept public supervision。
Article 35Violation of the provisions of these Measures,Processed in accordance with the relevant provisions of the State Council's "Regulations on Unemployment Insurance" and "Interim Regulations on the Collection and Payment of Social Insurance Premiums"。Suspected of committing a crime,Transfer to judicial authorities for handling according to law。
Article 36These Measures shall come into effect on August 15, 2003.