Migrant workers in various engineering construction fields will be included in the industrial injury insurance system
Recently, 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 notice on participating in work-related injury insurance for railway, highway, water transportation, water conservancy, energy and airport engineering construction projects, which included migrant workers employed in various engineering construction projects into work-related injury insurance.
It is reported that in December 2014, the Ministry of human resources and social security, the Ministry of housing and urban rural development, the State Administration of work safety and the all China Federation of trade unions formulated and issued the opinions on further improving the work of industrial injury insurance in the construction industry (hereinafter referred to as the Opinions), and made institutional arrangements for industrial injury priority, project insurance, budget extraction, one-time insurance and full coverage. Over the past three years, the insurance coverage rate of new construction projects in the field of housing and urban-rural construction has reached 99.73%, and more than 40 million construction migrant workers have been included in the industrial injury insurance. In combination with the actual situation, some regions have promoted engineering construction projects in transportation, railway, water conservancy and other related industries to participate in work-related injury insurance, which has achieved certain results and created conditions for comprehensive promotion.
In order to fully implement the major deployment of the CPC Central Committee and the State Council on effectively ensuring and improving people's livelihood and deeply implement the requirements of the opinions, 6 departments have strengthened efforts to include migrant workers employed in various engineering construction projects into work-related injury insurance.
According to the notice, the payment proportion shall be reasonably determined according to law. Various engineering construction projects can be insured and paid according to a certain proportion of the construction and installation cost (or project contract price) of the project or bid section. For engineering construction projects with relatively low labor cost, the industrial injury insurance premium can be calculated by multiplying the labor cost by the benchmark rate of the industrial injury insurance industry. For engineering construction projects that are difficult to determine the direct labor cost, the payment base can be determined with reference to the average social wage in the region. Each overall planning area shall scientifically and reasonably determine the rate in accordance with the principle of "determining income by expenditure and balancing revenue and expenditure" and the operation of local industrial injury insurance fund. At the same time, pay attention to the role of floating rate, start with low premium and gradually achieve balance of revenue and expenditure.
According to the principle of "who approves, who is responsible", before going through relevant procedures and entering the site for construction, all kinds of engineering construction projects shall submit the certificate of industrial injury insurance of the general contractor of the construction project or the contractor of the project bid section contract to the industry competent department or regulatory department as one of the specific measures to ensure the safe construction of the project. For the projects and bid sections that do not participate in the work-related injury insurance, the competent departments and regulatory departments shall timely supervise and urge the rectification, immediately go through the formalities for participating in the work-related injury insurance, and put an end to the phenomenon of "not participating in the insurance, starting first" or even "only construction, not participating in the insurance". Industry competent departments and regulatory departments at all levels shall incorporate the participation of general contractors of construction projects or contractors of project bid section contracts in work-related injury insurance into the enterprise credit assessment system. If accidents of uninsured projects cause heavy losses of life and property, they shall instruct the engineering responsible unit to make rectification within a time limit, and if necessary, they can start the accountability procedure for the general contractors or contractors of project bid section contracts.
Local relevant departments shall provide more high-quality and convenient humanized services for insured engineering construction projects, bid sections and injured workers, actively explore and optimize the service processes suitable for participating in industrial injury insurance according to the project, such as registration, payment, identification, labor ability appraisal, treatment payment and so on, open up green channels, special windows and provide one-stop services. The working process of participating in work-related injury insurance shall be shortened to the greatest extent, and the procedures shall be simplified, so as to achieve the completion of the insured payment filing by the construction enterprise on the same day, so as to avoid affecting the construction progress due to the handling of work-related injury insurance for the project. The general contractor of the construction project or the contractor of the project bid section contract shall urge the professional contractor and labor subcontractor to establish the register of employees, attendance records, payroll and other accounts during the construction period of the project, and implement the dynamic real name system management for all construction personnel during the construction period of the project. After the construction personnel suffer from industrial injury, the labor relationship shall be confirmed based on the labor contract. If the labor contract is not signed, the relevant departments shall confirm the actual labor relationship with reference to the evidence such as salary payment certificate or record, work permit, recruitment registration form, attendance record and other labor testimony. "Quick recognition and quick settlement" shall be implemented for industrial injury cases that occur in the construction site, the facts are clear and there is no dispute between the two parties. Generally, the decision of industrial injury recognition shall be made within 10 days. In case of work-related injury during the construction of the insured engineering construction project and the identification of work-related injury or labor ability has not been completed at the time of project completion, the construction enterprise shall ensure the legal treatment of work-related injury workers during the period of medical treatment and shutdown and salary retention. After the identification of work-related injury and labor ability are completed, the work-related injury workers shall enjoy various work-related injury insurance benefits according to law.