Regulations of Henan Province on Work-Related Injury Insurance

· Document Number：Annoucement No. 71 of the Standing Committee of Henan Provincial People’s Congres

· Area of Law： Trade Unions

· Level of Authority： Provincial Local Regulations

· Date issued：06-01-2007

· Effective Date：10-01-2007

· Status： Effective

· Issuing Authority： Henan Province

Announcement of the Standing Committee of People's Congress of Henan Province
(No. 71)
The Regulations of Henan Province on Work-Related Injury Insurance have been adopted at the 31st Meeting of the Standing Committee of the 10th People's Congress of Henan Province on May 31, 2007, and are hereby promulgated and shall be effective as of October 1, 2007.
Standing Committee of People's Congress of Henan Province
May 31, 2007
Regulations of Henan Province on Work-Related Injury Insurance
(Adopted at the 31st Meeting of the Standing Committee of the 10th People's Congress of Henan Province on May 31, 2007)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Labor Law of the People's Republic of China, the Regulations on Work-Related Injury Insurance formulated by the State Council and other relevant laws and regulations and in light of the actual conditions of this Province for the purposes of ensuring that the employees who are injured in accidents in the workplaces or who suffer from occupational diseases get medical relief and treatment and economic compensation, promoting the prevention of work-related injuries and recovery and rehabilitation from occupational diseases, and dispersing the work-related injury risks of the employer entities.
Article 2 The enterprises of various kinds, the public institutions that do not fall within the scope of governmental funding support or those that do not receive regular governmental financial allocations and the nonprofit and non-governmental organizations and individual industrial and commercial households hiring employees (hereinafter referred to as the employer entities), which are located within the administrative region of this Province shall, in accordance with the Regulations on Work-Related Injury Insurance formulated by the State Council and these Regulations, buy work-related injury insurance policies for all their workers or employees (hereinafter referred to as workers) and pay the work-related injury insurance premiums accordingly. Individual workers shall not pay work-related injury insurance premiums.
Where functionaries of state organs and those of the institutions that enjoy regular governmental funding support and staff members of nonprofit and non-governmental organizations are injured in work-related accidents or suffer from occupational diseases, the entities where they work shall pay the expenses, and the specific measures shall be governed by the policies concerning the work-related injury insurance for the functionaries of state organs; where a laborer who has established labor relations with any of the above entities is injured in a work-related accident or suffers from an occupational disease, the specific measures for such cases shall conform to the provisions of these Regulations.
In these Regulations, “workers” refer to the urban and rural laborers who maintain labor relations (including de facto labor relations) with the employer entities in all forms of employment and for employment of different lengths of time. But the retirees hired by the entities shall not be included.
Article 3 An employer entity shall, on an annual basis, announce the name list of the insured workers, the take-home wages, the paid premiums and work-related injury accidents and other relevant information within the entity and subject itself to the supervision of its staff and workers.
Article 4 The system of social pooling of funds for work-related injury insurance shall be instituted in the municipalities directly under the provincial government.
In respect of the offices of the Central Government accredited in Henan province and the provincial offices in Zhengzhou city and the special trans-regional industries and industries with greater production mobility, the provincial government shall institute direct pooling of funds for work-related injury insurance. The provincial administrative department for labor and social security may entrust the provincial competent department for the special industries to handle the operation of the work-related insurance for the special industries.
Article 5 The administrative departments for labor and social security of the people's governments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas.
The social insurance operating institutions (hereinafter referred to as the operating institutions) established by the administrative departments for labor and social security in accordance with of the relevant provisions of the State Council shall specifically handle the business in respect of work-related injury insurance.
Article 6 The people's governments at or above the county level shall work hard to improve the undertakings of occupational disease recovery and rehabilitation, help the employees with disability resulting from work-related injuries to recover and rehabilitate and do the jobs suitable for their state of health and establish a working system of work- related injury insurance under which the prevention of, and compensation for work- related injuries and the recovery and rehabilitation from occupational diseases are effectively combined.
Chapter II Work-related Injury Insurance Fund
Article 7 The work-related injury insurance fund shall consist of the following items:
(1) work-related injury insurance premiums paid by the employer entities;
(2) interest accruing to the work-related injury insurance fund;
(3) demurrage fines on the work-related injury insurance premiums; and
(4) other funds included in the work-related injury insurance fund according to law.
Article 8 The rate of the work-related injury insurance premiums shall be determined in compliance with the principles of basing revenue on expenditure and balancing the revenue and expenditure and in accordance with the relevant provisions of the State.
The administrative department for labor and social security of the municipality directly under the provincial government shall determine the rates and the specific methods of payment in relation to the industries in which rural migrant workers are relatively concentrated according to the relevant provisions on the work-related injury insurance premiums of the State and the characteristics of the industries mentioned above, and it shall submit the determined rates to the people's government at the same level for approval, and to the provincial administrative department for labor and social security for the record.
Article 9 The work-related injury insurance fund shall be deposited in the special fiscal account of the social security fund, and be used to pay the benefits of work-related injury insurance provided for in these Regulations, the assessment of the ability to work, the prevention of work-related injuries and the recovery and rehabilitation from occupational diseases, and to pay work-related insurance expenses provided for in laws and regulations.
No entity or individual may use the work-related injury insurance fund for investment operations, to build or renovate office venues, to distribute bonuses, or to divert the fund to other purposes.
Article 10 The province and the municipalities directly under the provincial government shall establish a two-tier reserve system for the work-related injury insurance. The reserves of every area of social pooling of funds for work-related insurance shall be built up by the retention of 7% of the total amount of the local receipts and payments of the work-related injury insurance fund for the present year;2% thereof shall be turned over to the provincial reserve fund for the work-related injury insurance, and 5% thereof shall be taken into the work-related injury insurance reserve fund of the municipality directly under the provincial government. Where the total amount of the rolling deposits of the work-related injury insurance reserve fund has exceeded 50% of the receipts of the work-related injury insurance fund for the present year, the administrative department for labor and social security and the finance department of the area where social pooling of funds for work-related injury insurance was adopted shall reduce the ratios of retention, which shall be subject to approval by the provincial administrative department for labor and social security and the provincial finance department prior to the implementation thereof.
The reserves shall be used mainly to pay the work-related injury insurance benefits for major work-related injuries in the areas where social pooling of funds was adopted, and to make up for the shortfall of the work-related injury insurance funds. If the reserves of the area where social pooling of funds for work-related injury insurance was adopted are insufficient to pay the related expenses, the finance department of the people's government at the same level shall advance the payment of the balance before applying to the provincial reserve to allocate funds to make up for the shortfall.
Article 11 The operating institution of the area where social pooling of funds for work-related injury insurance was adopted shall come up with an expenditure plan for occupational recovery and rehabilitation at a proportion of 1/4 of the balance of the deposited work-related injury insurance fund for the present year, and the plan shall be examined for approval by the administrative department for labor and social security and the finance department at the same level before it is listed in the expenditure budget of the work-related injury insurance fund for the next year. The expenses shall be disbursed in light of the actual circumstances for the injured workers' occupational recovery and rehabilitation.
Article 12 Under the premise that the full payment of the benefits of the work-related injury insurance, the assessment fees for the assessment of the ability to work and the expenses for the occupational recovery and rehabilitation, and the reserve deposit are guaranteed, the operating institution of the area where social pooling of funds for work-related injury insurance was adopted may put forth an expenditure plan for the prevention of work-related injuries at a proportion of 5% of the actual amount of collection and receipts of the work-related injury insurance fund for the present year, and the plan shall be examined for approval by the administrative department for labor and social security and the finance department at the same level, and then the fund shall be mainly used for promoting publicity and training, making analysis of the cases of work-related injuries, preventing work-related injury accidents, etc. of the participating entities in the work-related injury insurance in the areas where social pooling of funds for the work-related injury insurance was adopted.
Chapter III Identification of Work-Related Injuries and Assessment of the Ability to Work
Article 13 Where a worker is in the circumstances as contained in Articles 14 and 15 of the Regulations on Work-Related Injury Insurance formulated by the State Council, he shall be identified as or deemed as the victim of a work-related injury.
Where a worker is sent to work in an epidemic area by the employer entity and contracted the epidemic disease as a result, he shall be deemed as a victim of a work-related injury.
Article 14 Where a worker is in the circumstances as contained in Article 16 of the Regulations on Work-Related Injury Insurance formulated by the State Council, whether his injury or death is to be identified as related to his work or is deemed as related to his work shall be based on the written conclusions drawn by the statutory department of authority or the statutory assessment institution
Article 15 Where a worker is injured in an accident or is diagnosed or assessed as suffering from an occupational disease in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, the employer entity shall, within 30 days as of the date of occurrence the accidental injury or as of the date of his diagnosis or assessment of having contracted the occupational disease, file an application for the identification of the work-related injury to the administrative department for labor and social security in the area where social pooling of funds for the work-related injury insurance was adopted or to the relevant department which it has entrusted with the identification thereof. Where an employer entity is not in a position to file an application within the prescribed time limit due to its employee's involvement in a traffic accident, his disappearance, his injury in an accident when he was on duty away from his place of work or other force majeure factors, the time limit for application may be reasonably extended, subject to the approval of the administrative department for labor and social security of the area where social pooling of funds for work-related injury insurance was adopted, however, the extension may not exceed 90 days.
Where the employer entity has failed to file an application for the identification of a work-related injury in accordance with the provision of the preceding paragraph, the worker who is the victim of the work-related injury or his lineal relatives, or the trade union organization may, within one year as of the date of the occurrence of the accidental injury or as of the date of his diagnosis of, or assessment as having contracted the occupational disease, file an application for the identification of the work-related injury directly to the administrative department for labor and social security where social pooling of funds for the work-related injury insurance was adopted and where the employer entity is located.
Article 16 Where a dispute over the jurisdiction in relation to the identification of work-related injuries has arisen, the parties involved shall report to the administrative department for labor and social security at a higher level over both parties for the designation of the authority of jurisdiction.
The matters for which the work-related injuries are to be identified by the provincial administrative department for labor and social security shall be referred to the administrative departments for labor and social security of the municipalities directly under the provincial government for handling in the localities where the employer entities are located in compliance with the principle of territoriality.
The administrative department for labor and social security of the municipality directly under the provincial government may, in light of the needs of its work, entrust the administrative department for labor and social security of the county with the specific affairs relating to the identification of work-related injuries.
Article 17 Where the applicant has filed an application for the identification of a work-related injury, the administrative department for labor and social security shall handle it according to the provisions of Article 18 of the Regulations on Work-Related Injury Insurance formulated by the State Council. Where the administrative department for labor and social security has declined the application, it shall notify the applicant thereof in writing if:
(1) the applicant has failed to file the application within the prescribed time limit;
(2) the administrative department for labor and social security has no jurisdiction over the case;
(3) the matter applied for is not within the extent of competency of the administrative department for labor and social security;
(4) the injured persons are the retirees hired by the employer entity; and
(5) other circumstances provided for in laws and regulations under which the application shall not be accepted.
Article 18 Where a worker or his lineal relative, or the trade union organization believes that the injury is work-related, while the employer entity challenges the assertion, the latter shall bear the burden of proof.
The administrative department for labor and social security shall, within 10 days as of the date of acceptance of the application for the identification of a work-related injury from the worker or his lineal relative or the trade union organization, notify the employer entity to provide the relevant evidential materials in writing. Where the employer entity has not provided the relevant evidential materials or performed the obligation of proof within 20 days as of the date of receipt of the notification, the administrative department for labor and social security may, according to law, make a conclusion on the identification of the work-related injury based on the evidences provided by the injured worker or his lineal relative or the trade union organization.
Article 19 The administrative department for labor and social security shall, within 60 days as of the date of acceptance of the application for the identification of a work-related injury, make a decision on the identification of the work-related injury, and shall, within 15 days as of the date of decision, notify the worker who has applied for the identification of the work-related injury or his lineal relative and the employee's entity in writing, and copy the notice to the operating institution of work-related injury insurance at the same time. Where a worker is identified as or deemed as the victim of a work-related injury, he shall be issued by the administrative department for labor and social security with the Certificate of Work-Related Injury free of charge.
The Certificate of Work-Related Injury shall be uniformly printed and produced by the provincial administrative department for labor and social security.
Article 20 Where a worker who was victimized by a work-related injury becomes disabled and his ability to work is affected when his condition is comparatively stable after receiving treatment of his injury or upon the expiration of the reservation of his wages during the period of his temporary layoff, his ability to work shall be assessed.
The provincial assessment committee of the ability to work or that of the municipality directly under the provincial government shall, on the basis of the assessment opinions of the medical expert group, make a conclusion on the assessment of the ability to work of the worker who is the victim of a work-related injury.
Chapter IV Benefits of Work-Related Injury Insurance
Article 21 Where a worker was injured in a workplace accident or contracted an occupational disease which needs to be treated, the employer entity shall advance the payment of the medical expenses before the administrative department for labor and social security makes a conclusion on the identification of the work-related injury. Where a worker is identified or deemed as having been victimized in a work-related injury by the administrative department for labor and social security, the worker's employer entity shall request the operating institution of work-related injury insurance to foot the bills, if the employer entity has purchased the work-related injury insurance policy for the injured worker; the worker's employer entity shall pay the expenses according to the relevant provisions of work-related injury insurance if it has not purchased the work- related injury insurance policy for the said worker.
Article 22 Where an employer entity has awarded a contract, subcontracted a project undertaken by itself, or divided a project into parts and then subcontracted those parts to organizations or individuals that are not qualified to be subjects of employment, and the laborers hired by the above individuals or organizations have been victimized in workplace accidents or contracted occupational diseases due to their work, the employer entity shall bear the liability for work-related injury insurance.
Where a worker works concurrently in two or more employer entities, each employer entity shall pay the work-related injury insurance premium for the employee respectively. In case the worker gets injured in the workplace, the employer entity for which the worker was working when the injury occurred shall undertake the liability for work-related injury insurance according to law.
Article 23 Where the disability of a worker victim of a work-related injury has been graded and his need for daily nursing has been confirmed by the assessment committee of the ability to work, his daily nursing expenses shall be paid by the month, and the rate thereof shall, in accordance with the conclusion on the assessment of his nursing needs in daily life, be calculated on the basis of the monthly average wage of each employee in the preceding year in the area where social pooling of funds for the work-related injury insurance was adopted.
Article 24 Where a worker's disability due to work is assessed to fall into Grades 1 to 4, the employer entity and the individual worker shall, based on the disability allowance, pay the basic pension insurance premium and the basic medical insurance premium until the age of normal retirement. If the amount of the disability allowance is lower than the local minimum wage standard after deducting all social insurance premiums paid by the individual, the balance shall be made up from the work-related injury insurance fund.
Where the rural migrant worker who was a victim of a work-related injury has been assessed to fall into Disability Grades 1 to 4, he/she may choose to enjoy the benefits of the work-related injury insurance in one single lot or on a continuous basis. The specific measures relating to the lump sum payment of the benefits of the work-related injury insurance shall be formulated by the provincial people's government.
Article 25 Where a worker's disability due to work is assessed to fall into Grade 5 or Grade 6, he/ she shall be treated according to the provisions of Article 34 of the Regulations on Work-Related Injury Insurance formulated by the State Council, whereby his labor relations with the employer entity will be retained, the employer entity shall arrange an appropriate job for him Where the worker is worse than the job he was assigned to or it is difficult for the employer entity to arrange a job for him, the employer entity shall, according to the relevant provisions, pay the disability allowance by the month, and pay all the social insurance premiums payable on the basis of the disability allowance. If the actual amount of the disability allowance is lower than the local minimum wage standard after deducting all social insurance premiums paid by the individual, the balance shall be made up by the employer entity.
Article 26 Where a worker's disability due to work is assessed to fall into Grades 5 to 10, and his wage decreases due to his disability after the resumption of his work, the employer entity shall pay him the on-the-job disability subsidy, and the rate shall be 70% of the reduction of his original wage; where the worker's wage increases, the on-the-job disability subsidy shall be retained.
Article 27 Where a worker victim of a work-related injury, whose disability falls into Grades 5 to 10, has dissolved or terminated his labor relations with the employer entity pursuant to the provisions of Articles 34 and 35 of the Regulations on Work-Related Injury Insurance formulated by the State Council, a lump sum medical subsidy for work-related injury and employment subsidy for the disability shall be calculated on the basis of the monthly average wage of the employees in the preceding year in the area where social pooling of funds for the work-related injury insurance was adopted before the labor relations are dissolved or terminated at the following rates; the lump sum medical subsidy for work-related injury shall be 16 months for Grade 5 disability,14 months for Grade 6 disability,12 months for Grade 7 disability,10 months for Grade 8 disability,8 months for Grade 9 disability and 6 months for Grade 10 disability; the lump sum employment subsidy for disability shall be 56 months for Grade 5 disability,46 months for Grade 6 disability,36 months for Grade 7 disability,26 months for Grade 8 disability,16 months for Grade 9 disability and 6 months for Grade 10 disability. An employee victim of a work-related injury who suffers from an occupational disease shall be paid an additional 30% on the basis of the above -mentioned rates of the lump sum medical subsidy for his/her work-related injury.
For a worker victim of a work-related injury who is offered a lump sum medical subsidy for his work-related injury and a lump sum employment subsidy for his disability, his relations with the employer entity in respect of the work-related injury insurance shall be terminated at the same time. If the age of an employee victim of a work-related injury is more than 5 years below the age of normal retirement, the lump sum employment subsidy for his/her disability shall be paid in full; If the age of an employee victim of a work-related injury is less than 5 years below the age of normal retirement, the lump sum employment subsidy for his/her disability shall be diminishing by 20% each of the years before his/her normal retirement; if the age of an employee victim of a work- related injury is less than 1 year below the age of normal retirement, the lump sum of employment subsidy for his/her disability shall be paid 10% thereof.
In respect of the worker victim of a work-related injury who enjoys the lump sum medical subsidy for a work-related injury and the lump sum employment subsidy for his/her disability, the benefits he/she should enjoy in accordance with the provisions on unemployment insurance, and the economic compensation according to the relevant provision may not be reduced.
Article 28 A worker victim of a work-related injury shall continue to enjoy the benefits of free medical treatment for his/her work-related injury, free daily nursing and the benefit of having some auxiliary devices fixed for him/her, etc. after he/she has gone through the retirement formalities. If he/she has had a work-related injury insurance policy before retirement, the fees shall be paid from the work-related injury insurance fund; if he/she did not have a work- related injury insurance policy, the fees shall be paid by the original employer entity.
Article 29 If a worker has died in the workplace, the rate of the lump sum subsidy for the work-related death shall be 54 months of the average monthly wage of the workers in the preceding year in the area where social pooling of funds for the work-related injury insurance was adopted. For a worker who has died in providing disaster relief and emergency rescue or has died in saving other people from danger at the risk of his own life, the rate of the subsidy for the work-related death shall be 60 months thereof.
Where a worker has died in work, the qualifications of the dependents he/she has supported who shall enjoy the pension for the family of the deceased worker shall be verified and determined in light of the circumstances prevailing at the time of the death of the worker.
Article 30 The lump sum disability subsidy, the funeral subsidy and the lump sum subsidy for work-related death shall be paid as of the next month as of the date of the application for such benefits. The long-term benefits such as the disability allowance, the fees for daily nursing, etc. shall be paid as of the next month after the conclusion on the assessment of the ability to work is made. The pension for the family of the deceased worker shall be paid as of the next month as of the date of his death.
Where the conclusion on the assessment of his/her ability to work has changed as a result of the re-assessment, a worker victim of a work-related injury shall enjoy the benefits on the basis of the conclusion on the re-assessment and the starting time shall be the next month after the original assessment. Where the conclusion of the re-assessment on a worker victim of a work-related injury has changed, he shall, on the basis of the conclusions of the re-assessment, enjoy the relevant benefits as of the next month after the re-assessment conclusion, whereas the lump sum disability subsidy shall not be readjusted.
Article 31 The disability allowance, the pension for the family of the deceased worker and the fees for daily nursing shall, in light of the changes in the average wages and the changes in the cost of living, etc., be adjusted from time to time by the administrative department for labor and social security of the area where social pooling of funds for the work-related injury insurance was adopted. The readjustments thereof shall be implemented upon approval by the provincial administrative department for labor and social security.
Article 32 Where a worker was involved in an accident when he was on assignment away from his place of work or he went missing when he was helping with emergency rescue and disaster relief, he shall still be paid the same wage for 3 more months as of the month in which the accident occurred, and his wages will not be paid from the fourth month on, instead, his family dependents shall be paid the pension for the family of the diseased worker by the month from the work-related injury insurance fund. The family may be paid 50% of the lump sum subsidy for a work-related death if the family is really in difficulty. If the worker reappears, the pension for the family of the deceased worker shall be stopped as of the month after the month in which he reappears, the lump sum subsidy for work-related death already drawn shall be returned.
Article 33 Where the failure of the employer entity to pay the full basic amount of the work-related injury insurance premiums has caused a decline in the benefits of the work-related injury insurance, the employer entity shall bear the liability and make up the difference.
Article 34 A worker who was victimized by a work-related injury shall enjoy the benefits of the work-related injury insurance based on the decision on the identification of the work-related injury and the conclusion of the assessment of his/her ability to work.
An injured worker's family dependents shall enjoy the benefits of the work-related injury insurance based on the decision on the identification of the work-related injury, the conclusion of the assessment of his/her ability to work, and on the strength of the identity certificates of the relatives supported by the worker issued by the registering institution for permanent residence under the public security department, the certification of having no source of income issued by the sub-district office or the people's government of the township (town) and the certificates of the widows and widowers or orphans issued by the civil affairs department, the notary certificates of adoptive children (adoptive parents), etc.
Article 35 Where an employer entity is dissolved or has gone bankrupt, the benefits of the work-related injury insurance for the next 10 years shall, as a priority, be paid in one lot at the time of the liquidation of its assets, according to the per-capita benefits of the work-related injury insurance in the preceding year in the area where social pooling of funds for the work- related injury insurance was adopted. The operating institution shall use the said amount to pay the expenses related to the items of the benefits which should be covered by the work-related injury insurance fund to the injured workers of Grades 1 to 4, the family dependents enjoying the pension and the retired workers victims of work-related injuries; For the injured workers of Grades 5 to 10 below the age of retirement, the lump sum subsidy for medical treatment of the work-related injuries and the subsidy for disability employment shall, as a priority, be paid at the time of the liquidation of its assets at the rates prescribed in Article 27 of these Regulations.
Article 36 Where a worker sent abroad to work is required by the law of the receiving country or region to buy the local work-related injury insurance, such local work- related injury insurance shall be bought, and his domestic work-related injury insurance shall be discontinued; if the local work-related injury insurance is not bought, his domestic work- related injury insurance shall not be suspended.
For the worker who retains the domestic work-related injury insurance policy, the expenses for the medical treatment of his/her work-related injuries and recovery and rehabilitation from occupational disease shall be paid from the work-related injury insurance fund at the rates stipulated by the State and those by this Province.
Chapter V Supervision and Administration
Article 37 The provincial administrative department for labor and social security shall, in conjunction with other relevant departments, formulate the measures of administration for the medical service in relation to the work-related injury insurance, make an overall plan for and the choice of referral medical institutions of the work-related injury insurance, rehabilitation institutions and auxiliary devices supplier institutions in accordance with the characteristics of the work-related injury accidents and the relief and treatment of occupational diseases within the administrative region of this Province; the administrative department for labor and social security in an areas where social pooling of funds for the work-related injury insurance was adopted shall choose the medical institutions of the work-related injury insurance in the area in light of the needs of the operation of the work-related injury insurance.
The medical institutions of the work-related injury insurance, the referral medical institutions and the rehabilitation institutions and the auxiliary devices supplier institutions chosen by the operating institution and the administrative department for labor -and social security shall, through negotiations on an equal footing, conclude written agreements covering the objects, scope, quality and duration of service and the conditions of the rescission of agreements, the measures for the examination and settlement of expenses, etc., in order to set forth in clear terms the parties' responsibilities, rights and obligations. After the conclusion of the agreements, the operating institution shall announce it to the public.
Article 38 The administrative department for labor and social security shall, in concert with the local administrative department for health, the administrative department for supervision and administration of food and drugs and the administrative department for prices, exercise supervision and inspection on the local medical service in relation to the work-related injury insurance according to law.
The administrative departments for labor and social security, the auditiiig departments and the finance departments shall carry out supervision over the revenue and expenditure and management of the work-related injury insurance fund according to law.
Where an employer entity has failed to buy work-related injury insurance policies or underpaid, paid late, refused to pay the work-related injury insurance premiums after signing on the work-related injury insurance according to law, the administrative department for labor and social security shall investigate and deal with the case according to law; the production safety licensing institution shall refuse to issue a production safety license to the said employer entity, or seize temporarily or revoke the production safety license of the said employer entity.
Article 39 Where the administrative department for labor and social security is found to be in one of the following circumstances, the administrative department for labor and social security that has made the decision on the identification of work-related injuries or its higher competent authority may revoke the decision on the identification of work-related injuries in accordance with the application of the interested parties or by virtue of their powers;
(1) Having violated the statutory procedures;
(2) Having established the identification of a work-related injury by such crooked means as false evidences, deception, etc.;
(3) A functionary of the administrative department for labor and social security has made a wrong decision on the identification of work-related injuries by abusing his powers and neglecting his duties; or
(4) Other circumstances under which the decision on the identification of work-related injuries may be revoked according to law.
Chapter VI Legal Liabilities
Article 40 Where functionaries of the administrative department for labor and social security are found to be in any of the following circumstances, administrative sanctions shall be meted out to them according to law; if the case is serious enough to constitute a crime, the offender shall be subjected to criminal liabilities according to law:
(1) Having refused, without any justification, an application for the identification of a work-related injury, or having identified a person that does not meet the conditions for a work-related injury as a victim of a work-related injury as a result of their resorting to fraudulent practices;
(2) His failure to appropriately take care of the evidential materials contained in the applications for the identification of work-related injuries has led to/the loss of the relevant evidential materials;
(3) Having accepted cash and property from the parties involved;
(4) Having collected fees for the identification of work-related injuries from any applicants;
(5) Having refused to correct their mistakes or unjustifiable decisions on the identification of work-related injuries;
(6) Having refused to accept the cases of the identification of work-related injuries the jurisdiction over which is designated by the higher department; or
(7) Having failed to make decisions on the identification of work-related injuries within the prescribed time limit without any justification.
Article 41 Where an operating institution of the work-related injury insurance has committed any of the following acts, the administrative department for labor and social security shall order it to clean up its acts, and impose administrative sanctions according to law on the directly responsible persons in charge and other directly responsible persons; if the case is serious enough to constitute a crime, the offender shall be subjected to criminal liabilities according to law; if the operating institution has caused any economic losses to the parties concerned, it shall bear the liability for compensation according to law:
(1) It has, without any valid reasons, refused to accept the application for participation in the work-related injury insurance by an employer entity according to law;
(2) It has failed to take good care of the records of the employer entities' payment of the insurance premiums and the workers' enjoyment of the benefits of the work-related injury insurance according to the relevant provisions;
(3) It has failed to verify and determine the benefits of the work-related injury insurance in accordance with the provisions;
(4) It has accepted cash and property from the parties concerned; or
(5) It has refused to handle the formalities of insurance for the rural migrant workers who satisfy the requirements for participating in the work-related injury insurance.
Article 42 Where any entity or individual has, in violation of the provisions of these Regulations, embezzled the work-related injury insurance fund, and a crime is constituted, it/he shall be subjected to criminal liabilities according to law; if no crime has yet been constituted, administrative sanctions or disciplinary sanctions shall be imposed on it/him according to law. The embezzled fund shall be recovered by the administrative department for labor and social security, and be included in the work- related injury insurance fund; the confiscated illegal proceeds shall be turned over to the State treasury according to law.
Article 43 Where a worker is injured in an accident in his/her workplace or has contracted an occupational disease in the course of working for his/her employer entity, and the employer entity has failed to organize the rescue, concealed the truth or refused to live up to its burden of proof, it shall be ordered by the administrative department for labor and social security to rectify; if it refuses to correct, a fine of not less than RMB 2,000 yuan but not more than RMB 20,000 yuan shall be imposed on it; if the case is serious enough to constitute a crime, it shall be subjected to criminal liabilities according to law.
Article 44 Where an employer entity has failed to pay the work-related injury insurance premiums, the administrative department for labor and social security shall order it to make payments within the prescribed time limit; if it fails to do so within the time limit, it shall, in addition to paying the amount payable, pay a demurrage fine of 0.2 per cent per day to be computed from the day when the amount becomes overdue.
Chapter VII Supplementary Provisions
Article 45 The administrative department for labor and social security may not charge any fees on the applicants when it accepts applications for the identification of work- related injuries.
The expenses it incurs for the investigations and surveys relating to the identification of work-related injuries shall be included in the budget of the finance department at the same level.
Article 46 Where students of universities, junior colleges and secondary schools, technical schools, senior and junior vocational training schools are injured in accidents or suffer from occupational diseases due to their work in the entities where they are working as interns, they shall be given lump sums of the relevant fees at the rates prescribed in these Regulations by the entity and the college or school based on the agreement between the parties; if the entity and the college or school did not make an agreement thereon between them, the fees shall be shared equally between the two parties.
Article 47 These Regulations shall be effective as of October 1, 2007.