Laws of the Shanghai Province

(Promulgated on August 30, 2004 by Decree No. 34 of the Shanghai Municipal People' s Government)

The Municipal People' s Government has decided to amend the "Interim Procedures of Shanghai Municipality on the Comprehensive Insurance for Out-of-town Employees" as follows:

1. Article 3, Clause 1 is changed to:

These Procedures apply to the State organs, mass organizations, enterprises (including out-of-town construction enterprises), institutions, private institutions, individual economic organizations that employ out-of-town employees in the administrative area of this Municipality (hereinafter referred to as the employer-units), and the out-of-town employees they employ and the out-of-town employees not affiliated with any unit.

2. Article 4, Clause 2 is changed to:

The Municipal Construction and Management Commission, in cooperation with the Municipal Labor and Social Security Bureau, takes charge of the organizing and carrying out of the comprehensive insurance of out-of-town employees of the building and construction enterprises in Shanghai. The municipal departments of public security, finance, industry and commerce, public health and sanitation shall coordinate in doing a good job of the administration of the comprehensive insurance according to their respective duties.

3. Article 6, Clauses 1 and 2 are respectively changed to:

The employer-units shall, within 30 days upon the implementation of these Procedures, go through the registration procedures of the comprehensive insurance with the administrative agency in charge of the employment of the out-of-town employees. The employer-units that employ out-of-town employees or the employer-units that enter the construction market of this Municipality shall, within 30 days upon employing out-of-town employees, go through the registration procedures of the comprehensive insurance.

The out-of-town employees not affiliated with any unit shall go through the registration procedures of the comprehensive insurance with the administrative agency in charge of the employment of out-of-town employees.

4. Article 8 is changed to:

The employer-units and the out-of-town employees not affiliated with any unit shall, within the same month upon the completion of the registration procedures of comprehensive insurance, pay the comprehensive insurance premium on a monthly basis to the Municipal Administrative Organization of the Employment of Out-of-town Employees.

5. Article 9, Clause 2 is changed to:

The employer-unit and the out-of-town employees not affiliated with any unit shall pay the rate of 12.5% of the payment base as the comprehensive insurance premium. Among them, the payment rate for out-of-town construction enterprises shall be 5.5%.

6. Article 11, Clause 1 is changed to:

This Municipality shall establish a Comprehensive Insurance Fund. The Comprehensive Insurance Fund shall be used chiefly for the payment of comprehensive insurance benefits and the operation fee, etc.

7. Article 16, Clause 1 is changed to:

In case that the employer-units or the out-of-town employees not affiliated with any unit have continuously paid the insurance premium for one year, the out-of-town employees may obtain a certificate for old-age allowance, and its specific amount shall be 7% of the payment base actually paid by the employee.

8. Article 17 is changed to:

The out-of-town employees who have satisfied the conditions provided in Article 14, Article 15 and Article 16 of these Procedures may, with his/her Personal ID, labor handbook, certificate for old-age allowance and other relevant certifying materials, go through the procedures for enjoying benefits for industrial injuries (or unexpected injuries), hospital treatment or old-age allowance.

9. Article 19, Clause 2 is changed to:

The labor security administrative department shall order the employer-units and the out-of-town employees not affiliated with any unit who do not pay the comprehensive insurance premium according to the provisions, to make the payment within a time limit. If they still do not pay when the payment is overdue, they shall pay an overdue penalty of 2¡ëeach day, and the employer-units may be fined as much as or twice as much as the amount of every person' s unpaid amount. Those who refuse to pay the comprehensive insurance premium, overdue penalties or fines when it is overdue, the labor security administrative department may apply to the people' court for enforcement of paying the premium.

This Decision shall become effective on the date of promulgation. The "Interim Procedures of Shanghai Municipality on the Comprehensive Insurance for Out-of-town Employees" shall be re-promulgated after corresponding revision is made in accordance with this Decision.