(Promulgated by Order No.123 of the Shanghai Municipal People's Government on July 22, 22)
Article 1 (Purpose) In order to protect the legitimate rights and interests of foreign employees, standardize the employment behavior of units and maintain the order of the labor market in this Municipality, these Measures are formulated according to the actual situation of this Municipality.
article 2 (meaning) the comprehensive insurance for foreign employees as mentioned in these measures (hereinafter referred to as comprehensive insurance) includes three insurance benefits: work-related injury (or accidental injury), hospitalization and old-age allowance.
the term "foreign employees" as mentioned in these measures refers to those from other provinces, autonomous regions and municipalities directly under the central government who meet the employment conditions of this municipality and work or do business in this municipality but do not have permanent residence in this municipality.
article 3 (scope of application) these measures shall apply to the state organs, social organizations, enterprises (including foreign construction enterprises), public institutions, private non-enterprise units and individual economic organizations (hereinafter referred to as employers) and the foreign employees they use and the foreign employees without units within the administrative area of this municipality.
these measures are not applicable to the following foreign employees:
(1) those engaged in domestic service;
(2) personnel engaged in agricultural labor;
(3) personnel introduced in accordance with the Interim Provisions on the Implementation of the Shanghai Residence Permit System for Imported Talents.
article 4 (administrative department) the municipal labor and social security bureau is the administrative department in charge of comprehensive insurance in this municipality and is responsible for the unified management of comprehensive insurance. The administrative department of labor and social security shall be responsible for the specific management of comprehensive insurance.
the municipal public security, construction, finance, industry and commerce, health and other departments shall, according to their respective responsibilities, coordinate in the comprehensive insurance management.
article 5 (payer) employers and migrant employees without units shall pay comprehensive insurance premiums in accordance with the provisions of these measures.
article 6 (registration procedures) the employing unit shall, within 3 days from the date of implementation of these measures, go through the registration procedures for comprehensive insurance at the employment management institution for migrants. Employers who use foreign employees for the first time or enter the construction of this city for the first time shall, within 3 days from the date of obtaining approval to use foreign employees, go through the formalities of comprehensive insurance registration.
migrant workers who have no unit shall go through the comprehensive insurance registration formalities at the employment management institution of migrant workers within 5 working days from the date of applying for the Shanghai Employment Certificate for Migrant Workers.
the specific registration items of comprehensive insurance shall be stipulated separately by the municipal labor and social security bureau.
article 7 (cancellation and change) if an employer terminates or moves out of the city according to law, or the registered items of comprehensive insurance change, it shall go through the cancellation or change of registration procedures at the original registration authority within 3 days from the date of the relevant situation.
if the foreign employees without units are not employed in this city or the registered items of comprehensive insurance are changed, they shall go through the cancellation or change of registration procedures at the original registration authority in time.
article 8 (time limit for payment) the employing units and migrant workers without units shall pay the comprehensive insurance premium to the municipal employment management agency for migrant workers from the month when they go through the comprehensive insurance registration formalities. The comprehensive insurance premium shall be paid in a period of three months, and the comprehensive insurance premium shall be paid for three months at a time.
article 9 (base and proportion of payment) the base for an employer to pay comprehensive insurance premiums shall be 6% of the average monthly salary of employees in the whole city in the previous year multiplied by the total number of foreign employees. The base for foreign employees without units to pay comprehensive insurance premiums is 6% of the average monthly salary of employees in the city last year.
Employers and migrant workers without units pay comprehensive insurance premiums at the rate of 12.5% of the base payment. Among them, the contribution rate of foreign construction enterprises is 7.5%.
article 1 (channels for allocating comprehensive insurance premiums) the comprehensive insurance premiums paid by the employer shall be allocated according to the channels stipulated by the financial department.
article 11 (use of funds) comprehensive insurance funds shall be established in this municipality. The comprehensive insurance fund is mainly used for the payment and operating expenses of comprehensive insurance benefits.
when the comprehensive insurance fund is insufficient, the payment ratio can be adjusted. The adjustment of the payment ratio is proposed by the Municipal Labor and Social Security Bureau and implemented after being approved by the municipal government.
article 12 (fund management) comprehensive insurance funds shall be under centralized management, with units opening accounts and special funds, and no department, unit or individual may lend, misappropriate or occupy them.
the comprehensive insurance fund is subject to the supervision of finance, auditing and supervision departments according to law.
Article 13 (Entitlement to Benefits) Those who fulfill their payment obligations in accordance with the provisions of these Measures shall enjoy comprehensive insurance benefits in accordance with the following provisions:
(1) Foreign employees employed by employers shall enjoy three benefits: work-related injuries, hospitalization and old-age subsidies;
(2) migrant workers without units enjoy three benefits: accidental injury, hospitalization and old-age allowance;
(3) Foreign employees of foreign construction enterprises are entitled to work-related injuries and hospitalization.
Article 14 (Insurance Treatment for Work-related Injury or Accidental Injury) The foreign employees employed by the employing unit and those who have no unit suffer from work-related accidents (or accidental injuries) or occupational diseases during the period of comprehensive insurance. After being identified by the relevant departments and appraised by the labor ability, they can enjoy the insurance treatment for work-related injuries (or accidental injuries) with reference to the standards for work-related injuries stipulated by this Municipality. Work-related injury (or accidental injury) insurance money is paid in one lump sum.
Article 15 (Hospitalization Medical Treatment) If a foreign employee is hospitalized due to illness or non-work-related injury during the period of participating in comprehensive insurance, the part of medical expenses incurred in hospitalization below Qifubiaozhun shall be borne by the foreign employee; Above the Qifubiaozhun, 8% shall be borne by the comprehensive insurance fund and 2% by foreign employees. Qifubiaozhun for hospitalization medical expenses is 1% of the average annual salary of employees in the city last year.
if the employer and the migrant workers without units have paid for three months, the maximum amount of hospitalization treatment is the average annual salary of the employees in the whole city in the previous year; Continuous payment for six months, enjoy the maximum amount of hospitalization treatment, which is 2 times of the average annual salary of employees in the city last year; Continuous payment for nine months, enjoy the maximum amount of hospitalization treatment, which is 3 times of the average annual salary of employees in the city last year; Continuous payment for more than one year, enjoy the maximum amount of hospitalization treatment, which is 4 times of the average annual salary of employees in the city last year.
article 16 (treatment of old-age allowance) if the employer and migrant workers without units have paid for one year continuously, the migrant workers can obtain an old-age allowance voucher, the amount of which is 5% of their actual payment base.
when a male reaches 6 years old and a female reaches 5 years old, migrant workers can cash the old-age allowance in one lump sum with the old-age allowance voucher.
article 17 (procedures for handling comprehensive insurance benefits) foreign employees who meet the conditions stipulated in articles 14, 15 and 16 of these measures may go through the procedures for enjoying work-related injuries (or accidental injuries), hospitalization or old-age subsidies by presenting their identity cards, Shanghai employment permit for foreign workers, certificates of old-age subsidies and relevant supporting materials.
article 18 (payment of comprehensive insurance benefits) the comprehensive insurance benefits shall be paid by the employment management agency for foreign workers.
Comprehensive insurance benefits can also be paid and operated by an insurance company according to the relevant provisions of the state and this Municipality and the standards stipulated in these Measures.
article 19 (supervision and inspection) the labor inspection agency under the administrative department of labor security is responsible for supervising and inspecting the payment of comprehensive insurance premiums.
The administrative department of labor and social security shall order the employing units and migrant workers without units to pay the comprehensive insurance premiums within a time limit; Fails to pay, from the date of default, a daily surcharge of 2‰. For those who refuse to pay comprehensive insurance premiums and late fees within the time limit, the administrative department of labor security may apply to the people's court for compulsory collection according to law.
before paying the comprehensive insurance premium, the expenses incurred by migrant workers due to work-related injuries (or accidental injuries) and hospitalization shall be borne by the employing unit according to the standards stipulated in these Measures or by migrant workers without units.
Article 2 (Reporting) Any organization or individual has the right to report to the administrative department of labor and social security about the illegal acts related to the collection and payment of comprehensive insurance premiums. The administrative department of labor and social security shall promptly investigate the report, handle it in accordance with the provisions, and keep the informant confidential.
article 21 (dispute settlement) if a dispute arises between a foreign employee and an employer due to the payment of comprehensive insurance premiums, they may apply to the labor dispute mediation Committee for mediation, or they may directly apply to the labor dispute arbitration Committee for arbitration. Anyone who refuses to accept the ruling may bring a lawsuit to the people's court according to law.
article 22 (detailed rules for implementation) the detailed rules for implementation of these measures shall be formulated by the municipal labor and social security bureau.
article 23 (date of implementation) these measures shall come into force as of September 1, 22.
comprehensive insurance because a considerable number of foreign employees working in Shanghai have not established labor relations with units in Shanghai, and they cannot participate in social insurance. In order to protect the legitimate rights and interests of foreign employees, standardize the employment behavior of units and maintain the order of Shanghai's labor market, Shanghai began to implement the comprehensive insurance system for foreign employees on September 1, 22.
comprehensive insurance for migrant workers includes three insurance benefits: work-related injury (or accidental injury), hospitalization and old-age allowance. Foreign employees in Shanghai who use foreign employees in units or without units regularly pay certain insurance fees, and can enjoy insurance benefits when foreign employees include work-related injuries (or accidental injuries), hospitalization and old age.
Shanghai Labor and Social Security Bureau is the administrative department in charge of comprehensive insurance, responsible for the unified management of comprehensive insurance. The administrative department of labor and social security of Shanghai Municipality is responsible for the specific management of comprehensive insurance. Shanghai has established a comprehensive insurance fund for the payment of comprehensive insurance benefits and operating expenses. The comprehensive insurance fund shall be under centralized management, with units opening accounts and earmarking, and no department, unit or individual may lend, misappropriate or occupy it.
comprehensive insurance includes work-related injury insurance, hospitalization and old-age allowance.
migrant workers who suffer from work-related accidents or occupational diseases during the period of comprehensive insurance can get a one-time payment of work-related injury insurance;
In case of hospitalization due to illness or non-work-related injury, 8% of the hospitalization expenses above Qifubiaozhun shall be borne by the comprehensive insurance fund and 2% by itself; Foreign employees who have paid for more than one year can get the old-age allowance voucher and cash the old-age allowance in one lump sum in the year of retirement.
How much do you know about comprehensive insurance policy
What kind of insurance is comprehensive insurance for foreign employees?
comprehensive insurance for migrant workers is a social insurance formulated by Shanghai municipal government to protect the legitimate rights and interests of migrant workers.
On September 1, 22, the Interim Measures for Comprehensive Insurance for Foreign Employees in Shanghai issued by Order No.123 of the Shanghai Municipal People's Government was formally implemented, stipulating that employers should pay comprehensive insurance premiums for the foreign employees they use. On August 3, 24, Order No.34 of the Shanghai Municipal People's Government issued "On Amending <: Interim Measures of Shanghai Municipality on Comprehensive Insurance for Foreign Employees > Decision ",revised and improved the comprehensive insurance measures.
which foreign employees should take comprehensive insurance?
state organs, social organizations, enterprises, institutions, private non-enterprise units and individual economic organizations within the administrative area of this municipality shall pay comprehensive insurance premiums for the foreign employees they use. The comprehensive insurance method is not applicable to the following foreign employees: (1) personnel engaged in domestic service; (2) Personnel engaged in agricultural labor; (3) Persons introduced in accordance with the Interim Provisions on the Implementation of the Shanghai Residence Permit System for Imported Talents.
who will pay the comprehensive insurance premium? According to the regulations, the employer is the main payer of comprehensive insurance. The employing unit shall pay comprehensive insurance premiums for foreign employees. Individual foreign employees do not pay fees.
what benefits can foreign employees who participate in comprehensive insurance enjoy?
migrant workers who participate in comprehensive insurance can enjoy the benefits of work-related injury insurance, hospitalization medical insurance, old-age subsidy and daily medicine subsidy.
(I) treatment of work-related injury insurance 1. For foreign employees who are identified as work-related injuries, according to the basic medical insurance regulations of the state and this municipality, the relevant insurance companies will pay the actual medical expenses in one lump sum.
in case of disability, you can enjoy disability allowance, disability allowance, life care fee, medical fee for the recurrence of old work-related injuries, and the cost of configuring assistive devices after being recognized by the labor ability appraisal institution.
2. For the foreign employees who are identified as dead at work, the relevant insurance companies will pay the actual emergency medical expenses, funeral subsidies, work-related death subsidies and dependent relatives' pensions in one lump sum, which are 1 months' average monthly salary of the employees in the whole city in the previous year.
(2) Hospitalization medical insurance benefits If you are hospitalized due to illness or non-work-related injury during the period of participating in comprehensive insurance, the part of medical expenses incurred in hospitalization below the deductible shall be borne by foreign employees; The part exceeding the deductible shall be borne by the comprehensive insurance fund 8% and the individual 2%. The maximum amount of enjoyment is determined according to the number of months in which the unit pays for it continuously.
(III) Old-age subsidy treatment Since April 1, 25, foreign employees can get an old-age subsidy certificate as long as the unit has paid for them for twelve months in three years. When my male is over 6 years old and my female is over 5 years old, I can cash it in one lump sum with the branches of the insurance company in all parts of the country on the old-age subsidy certificate.
(IV) Subsidy for Daily Medical Expenses Since April 1, 25, foreign employees can enjoy the daily medical expenses subsidy paid by the comprehensive insurance fund in 2 yuan per person per month during their participation in comprehensive insurance, and get a "Shanghai Comprehensive Insurance Card for Foreign Employees". Individuals can use the card to buy medicines at pharmacies using UnionPay card POS machines in the whole city.
during the period when the employer fails to pay the comprehensive insurance, foreign employees suffer work-related injuries, who will bear the expenses?
during the period when the employer fails to pay the comprehensive insurance, the expenses incurred by foreign employees due to work-related injuries shall be paid by the employer for you, and the payment standard shall refer to the relevant provisions of comprehensive insurance. If the unit refuses to undertake, foreign employees can apply to the labor dispute mediation agency for mediation. If it cannot be resolved through mediation, it can be resolved through labor arbitration, people's court litigation and other channels.
if the employer fails to pay the comprehensive insurance premium as required, how can foreign employees report it?
12333 is the consultation telephone number of Shanghai Labor and Social Security Bureau, which provides 24-hour manual and automatic services to the society. By dialing 12333, foreign employees can not only learn about the labor security policy information, but also report the illegal behavior of the unit, and the labor supervision department will investigate and deal with it according to law.
comprehensive insurance card
"Shanghai insurance card for migrant workers" is a new comprehensive insurance measure for migrant workers, which is launched simultaneously with daily medical expenses subsidies. This card integrates two functions, which not only provides more personal protection for foreign practitioners, but also opens up a more convenient channel for safeguarding rights.
A new treatment
From April 1, 25, foreign employees who have participated in comprehensive insurance can enjoy the new comprehensive insurance.