Migrant workers in various engineering construction fields will be included in the industrial injury insurance system

Recently, the six departments of the Ministry of Human Resources and Social Security, the Ministry of Transport, the Ministry of Water Resources, the National Energy Administration, the National Railway Administration, and the Civil Aviation Administration of China issued the ''Regarding Railway, Highway, Water Transport, Water Conservancy, Energy, and Airport Construction Projects Participating in Work Injury Insurance The "Notice" includes migrant workers who are employed in various construction projects into work injury insurance protection.

According to reports, in December 2014, the Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-Rural Development, the General Administration of Work Safety, and the All-China Federation of Trade Unions formulated and issued the Opinions on Further Doing a Good Job in Work Injury Insurance in the Construction Industry (hereinafter referred to as the Opinions). Institutional arrangements for work injury priority, project insurance, budget extraction, one-time insurance, and full coverage have been made. In the past three years, the participation rate of newly started construction projects in the field of housing and urban-rural construction has reached 99.73, and more than 4000 million migrant workers in the construction industry have been included in work-related injury insurance. In some areas, combined with the actual situation, we have promoted the construction projects of transportation, railway, water conservancy and other related industries to participate in the work of industrial injury insurance, which has achieved certain results and created conditions for the comprehensive promotion.

In order to fully implement the major deployment of the Party Central Committee and the State Council on effectively ensuring and improving people's livelihood, and to thoroughly implement the requirements of the "Opinions", the six departments have increased their efforts to include migrant workers who are employed in various construction projects into work-related injury insurance protection.

According to the notice, the proportion of payment shall be reasonably determined in accordance with the law. All kinds of engineering construction projects can be the project or bid section as a unit, according to the project or bid section of the construction and installation project costs (or project contract price) a certain proportion of the insurance payment. For construction projects with a relatively low labor cost, the work injury insurance premium can be calculated by multiplying the labor cost by the industrial injury insurance industry benchmark rate. For construction projects where it is difficult to determine direct labor costs, the contribution base can be determined by reference to the average social wage in the region. All co-ordinating areas shall, in accordance with the principle of "income by expenditure and balance of income and expenditure", scientifically and reasonably determine the rate according to the operation of the local industrial injury insurance fund. At the same time, pay attention to the role of floating rates, low premiums to start, and gradually achieve balance of payments.

According to the principle of "who approves, who is responsible", all kinds of engineering construction projects should submit the certificate of industrial injury insurance for the general contractor of the construction project or the contract contractor of the project bid section to the competent department of the industry or the regulatory department before going through the relevant procedures and entering the construction site, as one of the specific measures to ensure the safe construction of the project. For projects and bid sections that have not participated in work-related injury insurance, the competent department and the supervisory department must promptly supervise the rectification, and immediately complete the procedures for participating in work-related injury insurance, so as to eliminate the phenomenon of "uninsured, start work first" or even "only construction, not insured. The competent departments and regulatory departments of the industry at all levels shall incorporate the participation of the general contractor of the construction project or the contractor of the project bid section contract into the enterprise credit assessment system. If the accident of the uninsured project causes major losses of life and property, the responsible unit of the project shall be instructed to rectify within a time limit, and the accountability procedure may be initiated for the general contractor or the contract contractor of the bid section when necessary.

Relevant departments in various localities should provide more high-quality and convenient humanized services for insured construction projects and bid sections and workers with industrial injuries, actively explore and optimize service processes suitable for participating in industrial injury insurance according to projects, such as registration, payment, identification, labor ability appraisal, and treatment payment, and open up green channels and special windows to provide one-stop services. It is necessary to minimize the work process of participating in work-related injury insurance and simplify the procedures, and strive to achieve the completion of the registration of insurance payment by construction enterprises on the same day, so as to avoid affecting the progress of the project due to the participation of work-related injury insurance. The general contractor of the construction project or the contractor of the project bid section contract shall, during the construction period of the project, urge the professional contractor and the labor subcontractor to establish the staff roster, attendance record, salary payment table and other ledgers, and implement dynamic real-name management for all construction personnel during the construction period of the project. After the construction personnel suffer from work-related injuries, the labor relationship shall be confirmed on the basis of the labor contract. For those who have not signed a labor contract, the relevant departments shall confirm the factual labor relationship with reference to evidence such as wage payment vouchers or records, work permits, recruitment registration forms, attendance records and other workers' testimony. For work-related injury cases that occurred on the construction site, the facts are clear, and the parties have no dispute, the "quick recognition and quick settlement" shall be implemented. Generally, a decision on the determination of work-related injury shall be made within 10 days. For work-related injuries during the construction period of the insured construction project, and the work-related injury identification or labor ability appraisal has not been completed before the completion of the project, the construction enterprise shall ensure the legal treatment of the injured workers during the period of medical treatment and suspension of work, and the injured workers shall enjoy various work-related injury insurance benefits according to law after the completion of the work-related injury identification and labor ability appraisal.