Unemployment insurance for old-age medical care to be paid by injured workers

The 17th meeting of the NPC Standing Committee, which ended October 28, voted to adopt the first social insurance law since the founding of New China, which will be implemented on July 1, 2011.　　As a scaffolding law in the field of social law, the social insurance law involves everyone's interests and is called the "People's Livelihood Dafa".　　When introducing the bright spot of the law, Shinchun, deputy director of the National Standing Committee on the Law, said that the law highlighted the legal rights of insured persons, and in the design and implementation of the insurance system, it has always been to protect the rights of the insured and to provide government services, and many specific systems are designed to protect the rights of the insured. The letter Spring Eagle, for example: "The original system is insured to reach the retirement age in 15 to enjoy social insurance treatment, the design, some people to retire less than 15, we also have a path of convergence, in rural areas or urban residents in the old-age insurance system can enjoy social basic endowment insurance treatment.　　"In addition to this change, there is a lot of content in the law that reflects a more comprehensive protection of the rights of the insured." The insured can check the payment record personal information is protected the payment of social insurance premiums is directly related to whether the insured can enjoy the social insurance and the rights and interests that can be enjoyed.　　In order to further protect the insured's right to know, the social Insurance Law clearly stipulates that the employing units and individuals pay social insurance fees according to law, have the right to inquire about payment records, personal rights records, and require social insurance agencies to provide related services such as social security counseling.　　The individual shall be entitled to supervise the payment of the unit for the benefit of the social insurance treatment. In addition, in recent years, in the context of the disclosure of personal information, in the course of the review of the social Insurance law, members of the Standing Committee suggested that the information security of employing units and individuals is a general concern of the society.　　The administrative Department of Social Insurance, the Society Insurance Agency and the collection institution of social premium and its staff have a large amount of information about the employer and the insured personnel, and the information shall be kept confidential and shall not be disclosed. To this end, the Social Insurance Law 92nd stipulates that the administrative departments of social Insurance and other relevant administrative departments, social insurance agencies, social security premiums collection agencies and their staff to disclose the employer and personal information, the directly responsible for the competent personnel and other persons directly liable to be punished according to law; to the employer or individual　　and be liable for compensation according to law. Access to the legal endowment medical care in different places "risk with the people go" different places to seek medical attention to the masses caused many inconvenience, so that the fear of illness and even become a lot of retired workers at present in the "heart".　　Some experts pointed out that the problem of the existence of remote medical treatment, one of the important reasons is the difficulty of medical reimbursement in different places, affecting the insured personnel to enjoy basic medical treatment, should be standardized. The introduction of the social insurance law is expected to reverse this situation. Article 29th of the Act expressly stipulates that the administrative department of Social Insurance and the administrative Department of Health shall establish a clearing system for medical expenses in different places so that the insured personnel enjoy basicMedical insurance treatment.　　In addition, the social Insurance law also makes clear that basic endowment insurance, basic medical insurance and unemployment insurance can be "insured". Law 19th stipulates: The individual across the area of employment, the basic old-age insurance relationship with my transfer, the cumulative calculation of contributory years. When the individual reaches the legal retirement age, the basic pension is calculated and unified.　　The specific measures shall be stipulated by the State Council.　　The 32nd article stipulates: The individual in the area of employment, the basic medical insurance relationship with my transfer, payment years accumulated calculation.　　The 52nd article stipulates: The employment of workers across the overall planning area, its unemployment insurance relationship with my transfer, the cumulative calculation of contributory years.　　Workers injured may be paid in advance to pay the unpaid units can not be exempted this January, Beijing Yi Lian Labor Law Assistance and Research Center released the "work-related Migrant Workers survey Report" shows that only less than 20% of the workers work injury insurance, and this has become a lot of migrant workers can not enjoy the injury after the injury treatment of the important reasons. In order to solve this problem, the social insurance Law clearly stipulates that the employee's employer fails to pay the work injury insurance fee, and the employer pays the occupational injury insurance treatment by the employing unit.　　If the employer does not pay, it is paid in advance from the Industrial Injury Insurance Fund. The employment injury insurance benefits paid in advance from the Industrial Injury Insurance Fund shall be repaid by the employing unit.　　If the employing unit does not repay, the social insurance agency may recover in accordance with the provisions of article 63rd of this Law. In addition, the law also "fled" as a result of a third person who was injured by a worker, cause workers injured "unmanned", who will pay for the medical expenses of workers are clear: because of the third person caused by injury, the third person does not pay for injury medical expenses or can not determine the third person, by the Industrial Injury Insurance fund first payment.　　After the first payment of the Industrial Injury Insurance Fund, the right to recover from the third person. Extended Reading--focus on social Security law People's livelihood hot news Xinhua "Xinhua Viewpoint" reporter Chenfi Wu Jingjing Social Insurance Law is the first time the Supreme State Legislature has enacted a social security system. From the improvement of the overall level of basic endowment insurance, clear old-age insurance can be transferred to continue, to require the establishment of a medical treatment for medical expenses of the settlement system, strengthen the people "save money" supervision ...　　The adoption and implementation of social insurance law, which relates to the interests of the general public, will have a profound impact on the development and perfection of our social security system. The first formulation of social security "Basic Law" in recent years, China's social security coverage has been expanding.　　By the end of June this year, the Urban Workers Endowment Insurance system covers 245 million people, urban and rural basic medical insurance coverage of 1.25 billion people, industrial injury insurance insured 153 million people, just beginning the pilot of the new agricultural insurance coverage of nearly 60 million people.　　As the important pillar system of perfecting the socialist market economy system, constructing the socialist harmonious society and building the well-off society in an all-round way, the social security system of our country has only individual regulations, different departments and different places also have their own social security policies, and the social security system between urban and rural areas and between units lacks cohesion. AllThe social Insurance Law adopted by the NPC Standing Committee has established the basic framework of the social insurance system for the first time, with emphasis on the principles of social insurance, the coverage of various types of insurance, the social insurance treatment projects and the conditions of enjoyment, the security agency, the supervision of insurance fund, the payment of various social insurance, Zheng, a professor of Renmin University of China, said: "The introduction of the social Insurance Law provides the basic legal basis for the reform of our social security system, and realizes the important change from the experimental stage to the stereotyped, stable and sustainable development of the social security system."　　How to further improve the overall level of the basic endowment insurance is the main concern of the people in underdeveloped areas. According to Hu Xiaoyi, vice Minister of human Resources and social security, by the end of 2009, all the provincial districts in the country have developed a provincial-level system. It has been assessed that 25 provincial units have reached the provincial level, and 27 units are being evaluated. "On this basis, we will study the National plan for basic pensions." "Previously, the draft social insurance law was less clear on the issue. Some members of the Standing Committee have suggested that: "In order to promote the formation of a unified and open labour market, we should gradually improve the overall level of social insurance and reduce the social insurance levels between the east and the west through law, and the legislation should minimize the requirement of permitting local differences and increase the rules of system unification, Prepare for national co-ordination. According to the deliberations of the members of the Standing Committee, in view of the fact that the Basic Endowment Insurance Fund has been basically implemented at the provincial level, the social insurance law has clearly stipulated in the "last moment" before the vote to raise the overall level of social security: The basic Endowment Insurance Fund is gradually implemented nationwide, and other social　　The specific time and steps shall be stipulated by the State Council. Strengthen the levy to ensure that the people "save money" is not lost society has been very concerned about some units and individuals in arrears of insurance premiums. "In the past more than 20 years, the implementation of the social security system has really often been the problem of the difficulty of collecting social insurance fees." "As the deputy Minister of Human Resources and social Security, who is in charge of social security, Hu Xiaoyi admits:" Some enterprises are not able to pay because of the objective reasons of business difficulty and imminent bankruptcy, but some of them are because of the indifference of social insurance consciousness and intentionally evade or evade paying insurance premiums. "In view of this, the social insurance law strengthens the employer's obligation to pay the employee social insurance fee, and stipulates that the employer does not pay the coercive measures that can be taken." The law stipulates that the employing unit shall pay the basic endowment insurance rate according to the proportion of the total wages of the employees of the units stipulated by the State, and be credited to the basic pension fund.　Employees shall take part in industrial injury insurance, the employer shall pay the injury insurance fee, the employee does not pay the work injury insurance fee, the employing unit should declare and pay the social insurance fee in full and on time, not because of the force majeure and other legal causes.　In the face of the phenomenon of non-payment of social security fees, the law also provides a very operational rigidity of the measures: the institution of social insurance premiums may inquire with banks and other financial institutions about their deposit accounts and apply for transfer to the relevant administrative departments, and at the same time, the people's Court may apply for the seizure, seizure and auction measures and pay the social insurance fee without providing the guarantee. Strengthen the supervision of "fixed" the People "save money" as of the end of 2009, the Social Security Fund will manage the scale of assets has reached 776.6 billion yuan, the fund security eye-catching. Especially in recent years, the big case of Social Security fund has been spread, becoming the focus of the whole society.　　Experts pointed out that at present, some local social insurance administrative departments set the administrative supervision and investment operation in one, their own supervision, become a system of a great hidden danger. The new social insurance law fully absorbs the views of all parties and stipulates the principles governing the regulation of social security funds: The state has strict supervision over social insurance funds; The State Council and provincial, autonomous and municipal people's Governments establish and improve the supervision and management system of social insurance funds to ensure the safe and effective operation of social insurance funds To encourage and support the participation of all aspects of society in the supervision of social insurance funds.