Chapter XVI of social insurance and employee benefits (a)

 Chapter XVI of social insurance and employee benefits
lesson plan purpose of the request: Labor law of social insurance is an important part of the system. It is at this stage of economic reform in our country play an important role in the market economy system essential means of protection under the present study is necessary in social insurance.
information as required by this chapter are: the role of social insurance; social insurance programs and insurance benefits to the main content; labor insurance benefits calculated on the basis ; the nature and characteristics of employee benefits.
familiar with the requirements of this chapter are: social insurance provisions of the law.
understand and grasp the requirements of this chapter are: the principle of legal regulation of social insurance; social insurance system reform; insurance benefits calculated on the basis ; employee benefits, constitute the contents of the relief system.
the contents of the above mentioned materials, also requires involving labor law with laws, regulations, provisions to learn. because the Labor Law and Jurisprudence, Chinese legal history and other subjects is different a very practical legal disciplines, there are many elements that constitute the specific legal provisions, the light will back term is not enough, it can not solve practical problems
main elements: first section outlines the social insurance system
Section II pension system

unemployment insurance system health insurance system
IV V VI injury insurance system
VII of the maternity insurance system
Staff welfare system
teaching points: chapter are required to master are: social insurance, the concept of employee benefits; the characteristics of social insurance; social insurance and the difference between life insurance business; insurance benefits paid basis; death insurance benefits; old-age insurance benefits Main content; the main content of unemployment insurance benefits. The above mentioned sections in addition to teaching content, but also asked related to labor law with laws, regulations, provisions to learn. because the Labor Law and Jurisprudence, Chinese legal history and other subjects is different a very practical legal disciplines, there are many elements that constitute the specific legal provisions, the light will back term is not enough, it can not solve practical problems
assessment knowledge points:
(a) The concept of social insurance and characteristics of
(b) Social Insurance and Commercial Insurance distinction
(c) Social insurance and social security relations
(d) the role of the social insurance system
(V) the principles of the legal regulation of social insurance
(vi) social insurance programs
(g) pension concept and form
(h) Pension Insurance Legislation Overview
(i) China's current pension system < br> (j) the pension insurance fund raising
(k) pension insurance benefits paid
(l) pension fund supervision and management of
(xiii) the concept and characteristics of unemployment insurance
(xviii) health insurance and health insurance legislation overview
(xix) the reform of urban medical insurance system content
(XX) and characteristics of the concept of industrial injury insurance
( xxi) the industrial injury insurance legislation overview
(xxii) the role of industrial injury insurance system
(XXIII) of industrial injury insurance coverage
(twenty four) work-related injuries and occupational diseases of the identified < br> (XXV) work injury insurance fund raising and expenditures
(xxvi) the treatment of industrial injury insurance program and standards
(xxvii) the concept and significance of maternity insurance
(twenty-eight ) Maternity Insurance Legislation Overview
(xxix) of the contents of women workers maternity insurance
(thirty) and the meaning of the concept of employee benefits
(xxxi) the nature of employee welfare system
a social insurance system, the concept of social insurance and characteristics of
(a) the concept of social insurance and social security implications
, China formerly known as the professional workers face the risk of labor, material compensation and help to provide a Social Security System.
existence of the social insurance system is based on the objective existence of labor risks. The so-called labor risk, is the age range of workers within the labor the risk of accidents suffered, including physical or physiological changes in the natural, occupational accidents and disasters such as the loss of jobs ①. the social insurance system is designed to spread the risks through its function as a result of birth, old age, sickness, death, injury, disability, unemployment and other labor workers and their families the risk of providing material support to ensure their basic living standards, in order to maintain social justice and social order, stability and, therefore, social insurance has the following meanings: (1) target range of social insurance statutory, general laborers engaged in professional work, not including other members of society; (2) to limit the scope of social insurance, the contents of the various labor risk insurance, not including the addition of property, economic and other risks; (3) Social insurance benefits payment is based on objective reasons based on a temporary or permanent loss of working capacity or loss of jobs, not including such damage caused by subjective factors; (4) social insurance is a compensation for the nature and substance of both the nature of the security system to help ; (5) the national social insurance system is compulsory through legislation, a legal system.
(b) the characteristics of social insurance
basic characteristics of social insurance has the following:
1. the basic safeguards. community Insurance is encountered when the workers of labor risks, reduced or loss of remuneration, the can still get the basic protection of life, which is the implementation of social insurance, see Feng Yanjun the root
①: In November, p. 245.
this purpose.
2. national mandatory. social insurance imposed by national legislation, employers and workers, and individuals must participate in the rate required by law to fulfill payment obligations . in the treatment level of content, generally not allowed to freely choose the insured and the insured.
3. help each other of. social insurance based on the principle of social risk-pooling, insurance costs generally by the State, units and individuals tripartite burden , establish a social insurance fund transfers through a unified, help each other ways to pay insurance and provision of services, introduction of an income redistribution.
4. subject specific. the parties to the main body of social insurance relations are specific, in addition to the individual operators, the social insurance for the insured a specific labor party, the insurer of insurance specific to the specialized agencies, specific for the insured employees (or technology protection of workers), the beneficiary or their legal relatives for the worker-specific.
5. differential treatment. Social Security because workers length of service, insurance, cause of the accident, how much to pay the cost of the different factors to determine the social insurance benefits are also different.
6. compensatory. society workers insurance fund created material wealth from the state through social insurance would be part of the material wealth back to the workers, its essence is a compensation for past labor workers; particularly in the work-disabled or occupational disease case , workers enjoy social insurance benefits, a direct reflection of the social insurance compensation.
7. Social welfare. social insurance for eligible workers enjoy social insurance benefits, to give a variety of insurance payments in the same time according to actual needs, but also to provide medical care, disability rehabilitation, vocational training and social services, reflecting the strong welfare.
(c) Social Insurance and Commercial Insurance from the Social Insurance distinction
Concept and Characteristics of view, social insurance and life insurance business have a common
point that they are based on the life of the insured, the subject of health as an insurance, but insurers have applied the principle of law of large numbers, many people focus on power, spread the risk against the risk function. But the difference between the two is also very obvious, and its mainly the following points: 1. attribute different. Social insurance is a national social security system is state of the labor a social responsibility to bear, the main purpose is the protection of social security, assistance with material and non-profit; and life insurance is one aspect of national economic activity, which consists of special economic entity, the insurance companies operate, with for-profit nature.
2. objects are different. social insurance status of the object is a staff of workers (some countries also include self-employed workers); and the object of life insurance protection of all citizens of the voluntary technical .
3. cost burden differently. social insurance premiums are generally individual workers, employers and the state sharing, social insurance payment rate from the law, uniform standards for the whole community; life insurance costs borne by the insured, the different The projects have different contribution rate, the parties are free to choose.
4. implementation of the principles are different. social insurance rights and obligations on the legal relationship established in the labor, as long as the performance of the labor obligations, will be able to enjoy social insurance benefits , the state compulsory social insurance principles adopted; and life insurance, the contractual relationship is built on top of the business to principle.
5. established according to different insurance relationship. the establishment of social insurance based on the provisions of law, the parties can not agree otherwise; the relationship between life insurance established by the insurance contract between the parties may agree.
6. protect the different levels. social insurance based on material assistance and protection of basic principles to determine the level of protection, different times and in different projects is the statutory level of protection; and economic compensation according to the principles of life insurance and the insurance situation of the parties to determine the level of protection to the contract agreed level of protection, vary greatly.
7. business (management) of the main different. the social insurance of business entities designated by the government; main business of life insurance is a corporate legal personality of the insurance company.
8. Beneficiary different. statutory beneficiaries of social insurance, generally for the insured or the insured's legal relatives; beneficiaries of life insurance can be arbitrarily designated by the insured.
Second, social insurance and social security relationship between the
Social security is commonly used in modern society, a term first used in the United States 1935, that read: One of the basic framework of the five pillars of ①.
countries in the world due to political and economic systems, economic development, value orientation, and other aspects of legal and cultural traditions different from the content system of social security programs vary, but sum up, generally include social insurance, social assistance and social welfare, and other major content system. our 1982 national , social relief, also known as social assistance, the State and social events due to accidents or natural disasters, causing hardship and difficulties in living members of society, to provide material help to maintain the minimum standard of living to the social security system. Social welfare refers to the country to enjoy the protection of all members of society on the basis of the fundamental right to life, through the development of welfare undertakings, construct public welfare facilities and other policy measures to gradually improve and enhance the living standards of the social security system. special care and placement, also known as community special care, refers to the state and social life of the soldiers or their families relief, disability pension, Veteran Affairs and other social privileges of the security system.
seen in China, social insurance is the scope of social security, it is with social welfare and social Relief and social special care constitute the main contents of the social security system.
Third, the role of the social insurance system
social insurance aims to protect the stability of the economic life of workers and physical and mental health. Social Security's basic function is to through social insurance institution's business activities to a number of disparate units, the hands of individuals to gather funds dispersed to form a huge capacity to pay money in order to reduce the risk to individual workers labor injury. social security guaranteed by this pay to play an important role, embodied in:
1. to maintain social stability. Social Security will enable workers in the event of old age, sickness, disability, death, unemployment and maternity risks, face difficulties in life When the community or country material assistance to tide over the difficulties and revive the spirit, or dignity. This helps to eliminate and alleviate social conflicts. To this end, known as the social order and social insurance and species prerequisite for the development of the economy, by the modern enterprise system, a unified national market system, sound macroeconomic regulation and control system, a reasonable income distribution system and the five pillars of social security system of the basic framework of market economy.
2. to promote social development and progress. specific performance: (1) the implementation of social insurance to lift the worries for the workers to enable them to work and focused on productive labor, which greatly stimulated the enthusiasm and creativity of workers, improve enthusiasm and labor of workers labor quality, so as to promote the production and technological progress and labor productivity; (2) the implementation of social insurance to reduce the pressure and burden on the employer for the employer to lift the worries, to enable them to concentrate on engaged in the production and management, enhance economic efficiency and enhance market competitiveness; (3) Social insurance and safeguards the employees themselves and their family's basic living needs, so that workers could live and reproduce, the production and reproduction of labor play a positive promoting role.
3. on income redistribution. social insurance fees from employers and workers share the burden, government financial subsidies granted, when the risk of workers suffering work, the social insurance fund to help give substance to achieve redistribution of national income.
4. promote social construction of spiritual civilization. the social insurance system to the legal means to help workers in the weak and difficult groups, it is also the whole social advocacy and the promotion of the spiritual members of society construction and improve the level of spiritual civilization members of society.
four principles of the legal regulation of social insurance in China at Present
legal regulation of social insurance should follow the following principles:
(a) the level of social insurance and social development level of productive forces, the principle of social insurance needs
the development of social productive forces and create conditions to provide possible only when the productive forces to a certain level of wealth is more abundant, the State have the ability to provide higher levels of social insurance; Meanwhile, the level of development of social productive forces and limit the level of social insurance, social security level is too high or too low, will hinder the development of social productivity. Thus, my socio-economic development and social bearing capabilities > social security standards, unified management and implementation of social insurance mechanism. promote the integration of social insurance principles conducive to the free movement of workers and the rational allocation of labor resources. Social insurance Social calls for further expansion of social insurance coverage encourage workers to actively participate in monitoring the implementation of the social insurance system; the same time the implementation of social insurance management society, that is the original of the various departments and decentralized units into a unified progressive form of social management, the employer to bear the social insurance work-related issues into social services and gradually improve the social unity of the whole social service organizations.
(c) protect the function and the principle of combining incentives
social insurance system is established to achieve social justice , but not beyond Social Security, in essence, the gift of working outside their own behavior, it requires the active participation of every worker and input, and the immediate interests of every worker linked to population, therefore, the legal regulation of social insurance should adhere to Security System and the principle of combining incentives, properly handle the rights and obligations, fairness and efficiency, the relationship between security and incentives. To this end, system national basic social insurance, supplementary insurance for employers and workers insurance, personal savings of multi-level social insurance system.
multi-level social insurance system include:
1. national basic insurance. that is enforced by the state through legislation , according to the actual pay
employers and workers need the capacity, to support fixed income in accordance with a slight surplus, leaving part of raising the principle of the accumulation fund, the expense of the state, employers and employees in the three reasonable sharing, and social pooling of social insurance system. It is the basic structure of social insurance component. It features a wide coverage, applicable to all employers and each employee, reflecting the equal social security rights of workers.
2. employer supplemental insurance mouth at the national statutory social insurance, based on the basic,
according to the employer their own economic strength, to improve the level of social insurance, self-built for laborers to so that the unit has been working in the basic livelihood guarantee, based on the material assistance of a further supplementary insurance system. employer's supplementary insurance is characterized by a difference of expression, can stimulate enterprises to improve economic efficiency, can also be enhanced its attractiveness and cohesiveness of workers.
3. savings insurance. that is, from individual workers according to their income situation, the voluntary form of savings for their own established social insurance. laborer general practice personal savings Individual Insurance a voluntary basis, regularly or irregularly to the social insurance organizations or other institutions insured, pay the required insurance companies to enjoy the treatment. based on market economy should take into account equity and efficiency requirements, multi-level social security system so that both the equality of all insurance guarantee the basic livelihood of part of workers, but also reflect the different economic differences between employers and labor between the different contributions of workers to decide how much difference between the level of social insurance component of the reform of China's social insurance system in the direction .
five items of social insurance social insurance
basic goal is to meet a variety of workers labor risk in the event of basic needs, to achieve this goal, we must take a variety of safeguards. the labor the risk of different security methods and the level of protection and the protection of fund raising, etc. There are also differences, therefore, countries have adopted the general social insurance sub-project implementation. labor risk is generally divided into disease, injury, maternity, disability, aging, death, unemployment seven . Some countries will merge several similar, such as the illness, injury, childbirth into sickness insurance or health insurance.
1952 ILO Convention No. 102 adopted the provides that all items of social insurance and 9, namely, medical care, sickness, unemployment, old age, injury, family allowances, maternity, disability and survivors. national legislation to choose according to how much insurance coverage, all items can also be is one of several projects. However, the country ratified the Convention must be at least the implementation of the above 3 item 9, and the progressive introduction of all items.
China in the choice of social insurance programs, including family benefits than all the eight foreign project. As early as 1951, the Government Administration Council promulgated the wounded; (3) due to work injury or occupational disease; (4) unemployment; (5) children. laborer after his death, survivors enjoy the survivor benefits. , of the projects were merged, the health care, disease and disability into general health insurance, the injury and disability at work, occupational injury insurance combined, thus, into our current social insurance programs: old-age insurance, unemployment insurance, medical insurance, industrial injury insurance and maternity insurance 5.
II
a pension system, the concept and form of pension
(a) pension concept and characteristics of
pension insurance, and referred to as an important part of the insurance system is one of the most traditional and most extensive type of social insurance. It is directly related to the field workers leave the labor after the basic living, is to achieve the protection of workers sense of security.
pension has the following characteristics:
1. mandatory. pension insurance legislation enforced by the state, enterprises and individuals are required by law to attend, meet the pension conditions of the people, may apply to the social insurance sector pension.
2. Compensation sex. workers enjoy the old-age insurance benefits, you must first pay period in office workers must pay insurance premiums, retirement, resignation after the pension insurance agencies from the pension. Therefore, the workers are receiving retirement payments and other benefits received in part of premiums paid by their own return, some of it is the return of workers labor contribution, the nature of certain compensation.
3. extensive. old-age insurance for the object all the retirement or resignation of workers. older or incapacitated that no one irresistible natural law, retirement, resignation is inevitable for everyone (in the legal working age, except those who died), so, old-age insurance The object of protection of all workers, not some kind of choice and distinction. Despite the different countries, different times, different old-age insurance coverage, but the development trend, are gradually extended to all workers .
4. social. pension insurance great influence on many people and enjoy a longer time, the huge expenditure, therefore, must be set to the specialized agencies, the implementation of modern, professional, social planning and management of the unified.
help. It is the basic form of endowment insurance.
2. retired, is the work of the revolution before the founding of a certain age, veteran left after the rest, which is based on the employee's own special contribution to the arising from a special form of unique.
3. former refers to the worker totally incapacitated because of disability, but do not meet the conditions of early retirement to leave the labor positions of rest. It is a quasi- Retirement is a supplementary form of retirement.
Second, pension insurance legislation in the modern sense Overview
pension insurance is accompanied by its legislation arising from the general to Germany in 1889 promulgated the for the Pension Insurance Law was born in the sign. After Germany, many European countries have also enacted pension law, the implementation of the pension insurance system. the United States in 1935 issued to old-age insurance as the main content of the insurance system. half of the 20th century, the emerging developing countries and socialist countries have also passed legislation to establish a pension insurance system.
20 centuries since the 50's, old-age insurance legislation by the international community's attention and support 1952 ILO adopted the the World Assembly, the principle of providing insurance to establish or develop social insurance system. by the international community and national government and the efforts of relevant organizations, the rapid development of pension legislation. the world to establish the national pension system, only 44 in 1944 to the present, the whole the world's 155 countries and regions have implemented the current pension system ① mouth, in response to the challenges of an aging population, most of the world are carrying out pension reform.
pension insurance legislation in China began in the 20th century the early 50s. In 1951 the Government Administration Council promulgated the .
rounds of amendments), the regulations apply to its workers and staff, including old-age insurance. 1955, started to build different organs of state enterprise workers and staff of public institutions pension insurance system. two kinds of insurance not the same standard of treatment, affect each other. February 1958, the State Council promulgated the main content is to achieve social endowment insurance, fund raising and insurance in the form of diversification, and gradually establish a multi-level old-age insurance system. 1991 pension reform in the summary of the basis of experience, the State Council issued the reform of the decision the market economic reform objectives. market economy on the proposed new pension system reform requirements. In order to strengthen pension fund management, and standardize fund raising and payment activities, the Ministry of Labor in 1993 issued a Fund rules. Workers clear the direction of pension reform, principles and main tasks. On this basis, the State Council in 1997 issued the and the specific content of the system. At present, China's market-oriented pension system, social reform is ongoing, old-age insurance system will gradually improve.
Third, China's current pension system is a developing country
countries, the economy has developed, in order to protect the pension insurance can not only play the role of life and social stability, but also to adapt to the needs of different economic conditions, in order to facilitate the improvement of labor productivity, this, China's basic old-age pension insurance by the Insurance , enterprise supplementary pension insurance and personal savings for old age of three parts (or levels) form.
(a) of the basic pension
basic pension insurance also known as the basic state pension, which is regulated by the national unity policy < br> be enforced to protect the basic needs of the majority of retired workers a pension insurance system. In China, 90 years before the 20th century, companies are implementing a single employee pension system. In 1991, Reform of pension system ...