Measures of Tianjin Economic Technological Development Area on Unemployment Insurance

(Adopted at the meeting of the Administrative Commission of Tianjin Economic Technological Development Area on October 30, 1996; amended at the 24th meeting of chairmen of the Administrative Commission of Tianjin Economic Technological Development Area on December 19, 2001)

Article 1 [purpose and basis] These Measures are formulated with a view to ensuing staff and workers of Tianjin Economic- Technological Development Area (hereinafter referred to as TEDA ) to make a living during their unemployment period, promoting their re-employment and in accordance with the Regulations of Tianjin Municipality on Unemployment Insurance and Provisions of Tianjin Economic-Technological Development Area on Social Insurance as well as other laws and regulations and in light of the actual situations in TEDA.

Article 2 [premium computation basis] The basis to calculate the unemployment insurance premiums to be paid by employing units and the staff or workers shall be the average monthly wage of the individual staff or workers in the previous year. The premium computation basis may not be less than the minimum wage level prescribed by Tianjin Municipality.

The part, which exceeds 150 % of the social average monthly wages of Tianjin Municipality in the previous year, of the average monthly wage of the individual staff or workers in the previous year shall not be included in the basis for the payment of premiums of the unemployment insurance.

Article 3 [premium rates] The unemployment insurance premium shall be paid at the following rates:

1. An employing unit shall pay the unemployment insurance premium at the rate of 2% of the average monthly wage of its staff and workers in the previous year;

2. The staff and workers shall pay their unemployment insurance premium at the rate of 1% of their average monthly wage in the previous year. Their premiums shall be withheld from their wages and transmitted by their employing units

The adjustment of the rates of unemployment insurance, if any, shall be implemented pursuant to the decision of Tianjin Municipal People's Government.

Article 4 [insurance benefits] The unemployment insurance fund shall be used for the following expenditures:

1. Unemployment benefits;
2. Allowance for medical care during the period of drawing unemployment benefits;
3. Funeral allowance for the staff and workers who die during the period of drawing unemployment benefits, and death benefits for their dependent spouse and lineal family dependents;
4. Expenses such as the allowance for unemployed persons to receive vocational training, and for employment service institutions to provide vocational training and job recommendation;
5. Child-bearing allowance for unemployed female staff and workers.

Article 5 [unemployment Causes] Unemployed persons, who involuntarily discontinue their employment, may be entitled to the application for unemployment benefits. The cases of involuntary discontinuing employment include:

1. a labor contract terminates;
2. an employing unit revokes the labor contract;
3. an employed person who is expulsed, discharged or dismissed by the employing unit;
4. an employed person revokes the labor contract with the employing unit pursuant to paragraphs 2 and 3 of Article 32 of Labor Law of People's Republic of China;
5. Other cases provided by laws and regulations.

Article 6 [claiming requirements] To claim unemployment benefits, an unemployed person shall satisfy all the following conditions:

1. Their employing units have provided insurance and the staff and workers have insured themselves against unemployment and have paid the unemployment insurance premium before they are unemployed;
2. Their employing units and the staff and workers who are out of job have paid unemployment insurance premium for no less than twelve months consecutively;
3. The causes of their unemployment complies with the provisions under Article 5 of these Measures;
4. The unemployment registration and job application registration have been completed.

Article 7 [conditions to stop the benefits] An unemployed person shall no longer enjoy the unemployment benefits on the expiration of claiming unemployment benefits, or upon occurrence of anyone of the following circumstances during the period of claiming unemployment benefits:

1. Re-employed;
2. Enlisted in the army;
3. Having emigrated overseas;
4. Refusing job recommendation of the employment agency designated by the labor administrative department without just causes;
5. Being committed to prison after being so sentenced or being rehabilitated through labor;
6. Receiving basic old age retirement pension;
7. Other circumstances prescribed by laws and regulations.

Article 8 [application procedures] Upon unemployment, staff and workers shall go through the formalities of unemployment registration and job application registration at TEDA labor administrative department or the labor administrative department where their households are registered on the strength of the documents certifying the termination or revocation of labor relations as well as their identification certificates. The procedures for transfer of their organizational affiliation and personal records to be kept shall be followed at the same time.

Unemployed persons shall, within 60 days as of the date of unemployment, go through the formalities of application for and claiming the unemployment benefits at the institutions in charge of social security (unemployment insurance) where their unemployment registration is filed on the strength of the documents certifying the termination or revocation of labor relations as well as documents of unemployment registration and job application registration.

The unemployed persons without the household registers of this Municipality shall register for unemployment and job application at TEDA labor administrative department, and they shall apply for and claim the unemployment benefits at the social security agency of TEDA.

Article 9 [qualification confirmation] The social security agency of TEDA shall examine and homologate the qualifications of the applicants within ten days as of the date of receipt of application for the unemployment benefits submitted by the unemployed persons.

The unemployed persons who are qualified for claiming the unemployment benefits shall draw the unemployment benefits as of the month following the month of the confirmation; and the period of claiming the unemployment benefits shall be calculated as of the date of unemployment registration.

During the period of drawing the unemployment benefits, the unemployed persons should accept the checkup of their qualifications to continue to draw the unemployment benefits by TEDA labor administrative department every month.

Article 10 [unemployment benefits standard] The standard of the unemployment benefits is lower than the minimum wage standard of Tianjin Municipality but higher than the minimum standard of urban residents to make a living. During the period of drawing the unemployment benefits, the amounts of the unemployment benefits for the unemployed persons shall be gradually reduced.

The social security agency of TEDA shall pay the unemployment benefits as per the standard set by Tianjin People's Government.

Article 11 [drawing term] The term for the unemployed persons to draw the unemployment benefits shall be calculated as per how long time when their employing units and themselves have paid the unemployment benefits insurance before they are out of job:

(1) the unemployment benefits may be drawn for three months for those whose term of insurance before their unemployment is fully one year in succession but less than fully two years in accumulative total;
(2) the unemployment benefits may be drawn for six months for those whose term of insurance before their unemployment is fully two years but less than fully three years in accumulative total;
(3) the unemployment benefits may be drawn for nine months for those whose term of insurance before their unemployment is fully three years but less than fully four years in accumulative total;
(4) the unemployment benefits may be drawn for twelve months for those whose term of insurance before their unemployment is fully four years but less than fully five years in accumulative total;
(5) For those whose term of insurance before their unemployment is fully five years or above five years in accumulative total, the unemployment benefits may be drawn for twelve months plus one more month for another full year of paying the insurance; but the total drawing term may not exceed 24 months.

The time of paying the insurance shall be recounted for those who are unemployed again after reemployment during the previous term of drawing the unemployment benefits, however, the present term may be calculated in combination with the remaining time in the previous term when they should have drawn for their previous unemployment, but the total drawing term may not exceed 24 months.

The number of years when staff and workers have worked for before the system of payment by individuals of the unemployment insurance is practiced shall be, upon verification by TEDA labor administrative department, counted as the number of years of payment of the unemployment insurance.

Article 12 [compensation interruption] In case that employing units cause the interruption of payment of the insurance while labor relations between employing units and staff and workers exist or continue, the term of drawing the unemployment benefits for the staff and workers after they are out of job shall be deducted as one month less for in accumulative total, one full year when the payment of insurance is interrupted; in case of less than one full year, in accumulative total, the term of drawing the unemployment benefits shall not be deducted. The employing units shall be liable for the losses of the unemployed persons as a result of corresponding deduction of their unemployment benefits.

Article 13 [medical allowance] The unemployed persons may apply to the social security agency of TEDA for medical allowance as stipulated when they are ill and visit doctors during their period of drawing the unemployment benefits.

The medical allowance includes the out patient medical allowance and the hospitalization medical allowance. The out patient medical allowance shall be equal to 4 % of the minimum wages standard of the current year of Tianjin municipality, and be drawn together with the unemployment benefits on a monthly basis; the hospitalization medical allowance shall be drawn from the unemployment insurance fund when the unemployed persons are seriously ill and must be hospitalized and really have difficulties to bear the total medical expenses on their own account. The payment standard to start with shall be equal to 10 % of the average wages of the staff and workers of Tianjin Municipality in the previous year; the limited amount shall be calculated in accumulative total with 12 months as a period, and the maximum amount shall not exceed 400 % of the average wages of the staff and workers of Tianjin Municipality in the previous year. 25 % of the medical expenses between the amount to start with and the maximum amount shall be borne on their own account by the unemployed persons.

The social security agency of TEDA shall not pay the hospitalization medical allowance in case of occurrence of one of the following cases on the part of the unemployed persons:

(1) to be hospitalized in non-designated hospitals without approval;
(2) to be injured in an traffic accident and its sequelae;
(3) to suffer from a medical accident and its sequelae;
(4) to be sick or injured as a result of one's violation of law;
(5) other cases not to pay as stipulated by relevant provisions.

The unemployed persons who are hospitalized because of relapses of industrial injury or occupational disease shall be treated as per the relevant provisions on industrial injury insurance.

Article 14 [funeral allowance] With respect to the unemployed persons who die during the period of drawing the unemployment benefits, the funeral allowance for their bereaved family, and the death benefits for their lineal family dependents shall be paid in a lump at the standard of funeral allowance and death benefits on death of staff and workers of Tianjin Municipality.

Article 15 [child-bearing allowance] The female unemployed persons who are in hospital to give birth to children and bear children as in conformity with the policy on family planning during the period of drawing their unemployment benefits shall be given the child-bearing allowance equal to the sum of five months' unemployment benefits at the standard of the month when they give birth, by TEDA social insurance agency.

The female unemployed persons should apply to TEDA social insurance agency for the child-bearing allowance on the strength of relevant certificates within 60 days as of the date of giving birth to child.

Article 16 [penalties for infractions] TEDA labor administrative department shall impose relevant penalties in accordance with laws and regulations on the employing units and the unemployed persons for their infractions of provisions on payment of the unemployment insurance, unemployment registration, application for the unemployment benefits and acceptance of supervision and inspection.

Article 17 [interpretation right] TEDAAC shall be responsible to interpret these Measures.

Article 18 [implementation date] These Measures shall be implemented as of April 1, 2002.