工伤保险条例 State Council, Work-related Injury Insurance Regulations

ctly-related family members disagrees/disagree with the work-related injury insurance benefits verified by the Agency.

　　PART SEVEN

　　LEGAL LIABILITY

　　Article 54　If a work unit or an individual misappropriates work-related injury insurance funds in violation of Article 12 hereof and such act constitutes a criminal offence， criminal liability shall be pursued according to law. If the act is not sufficient to constitute a criminal offence， administrative penalty or disciplinary punishment shall be imposed according to law. The misappropriated funds sh

all be recovered by the administrative department of labour security and consolidated with work-related injury insurance funds. The confiscated illegal income shall be handed over to the State treasury according to law.

　　Article 55： If the personnel of the administrative department of labour security is in any of the following circumstances， he shall be subjected to administrative penalty according to law. If the circumstances are serious and a criminal offence is constituted， criminal liability shall be pursued according to law：

　　1. refusal to accept an application for determination of work-related injury without proper reason， or determination of a person that does not meet the conditions for work-related injury as an Employee with work-related injury by way of falsehood；

　　2. failure to appropriately safe keep the evidential materials for application for determination of work-related injury， thereby causing the loss of such evidence； or

　　3. receipt of property from a party concerned.

　　Article 56： If an Agency commits any of the following acts， the administrative department of labour security shall order rectification and impose disciplinary punishment on the person directly in charge and other responsible persons according to law. If the circumstances are serious and a criminal offence is constituted， criminal liability shall be pursued according to law. If economic loss is caused to the party concerned， the Agency shall be liable for compensation according to law：

　　1. failure to maintain the records of payment of premiums by Employers and the payment of work-related injury insurance benefits to Employees as required；

　　2. failure to determine work-related injury insurance benefits as required； or

　　3. receipt of property from a party concerned.

　　Article 57： If a medical institution or aiding device supplying institution fails to provide services pursuant to a service agreement， the Agency may dissolve the service agreement.

　　If the Agency fails to settle accounts in full on time， the administrative department of labour security shall order rectification. The medical institution or aiding device supplying institution may dissolve the service agreement.

　　Article 58： If an Employer has unreported some amount in its report of total payroll or number of Employees， the administrative department of labour security shall order rectification and impose a fine of not less than one time and not more than three times the amount of the payroll not reported.

　　If an Employer， an Employee with work-related injury or his directly-related family member fraudulently obtains work-related injury insurance benefits， or if a medical institution or aiding device supplying institution fraudulently obtains payments from work-related injury insurance funds， the administrative department of labour security shall order the return of such benefits or payments， and shall impose a fine of not less than one time and not more than three times the amount obtained fraudulently. If the circumstances are serious and a criminal offence is constituted， criminal liability shall be pursued according to law.

　　Article 59： If an organization or individual that is engaged in assessment of work capability commits any of the following acts， the administrative department of labour security shall order rectification and impose a fine of not less than Rmb 2，000 and not more than Rmb 10，000. If the circumstance are serious and a criminal offence is constituted， criminal liability shall be pursued according to law：

　　1. provides false assessment opinion；

　　2. provides false diagnosis certificate； or

　　3. receives property from a party concerned.

　　Article 60： If an Employer is required by these Regulations to participate in work-related injury insurance but fails to do so， the administrative department of labour security shall orde

r rectification. If an Employee of the work unit suffers from work-related injury during the period in which the work unit has not participated in work-related injury insurance， the Employer shall make payments according to the item of work-related injury insurance benefits and at the standard stipulated herein.

　　PART EIGHT　SUPPLEMENTARY PROVISIONS

　　Article 61： For the purposes of these Regulations， an Employee shall refer to an Employee under any form of employment and any term of employment that has a labour relationship （including de facto labour relationship） with an Employer.

　　For the purposes of these Regulations， total payroll shall refer to the aggregate amount of remunerations for labour directly payable by the Employer to all of its Employees.

　　For the purposes of these Regulations， the Employee's wage shall refer to the average monthly wage of the Employee with work-related injury in the 12 months prior to the work-related accidental injury or occupational disease. If the Employee's wage is higher than 300% of the average wage of the Employees in the pooling region， it shall be calculated at 300% of the average wage of the Employees in the pooling region. If the Employee's wage is lower than 60% of the average wage of the Employees in the pooling region， it shall be calculated at 60% of the average wage of the Employees in the pooling region.

　　Article 62： If the personnel of a State authority or an institution or social organization whose personnel affairs are managed pursuant to the State civil service system suffers from work-related accidental injury or occupational disease， payments shall be made by his work unit. The specific procedures shall be stipulated by the administrative department of labour security of the State Council in conjunction with the personnel administrative department and finance department of the State Council.

　　Procedures of work-related injury insurance and other matters for other institutions， social organizations and all kinds of non-governmental non-enterprise work unit shall be stipulated separately by the administrative department of labour security of the State Council in conjunction with the personnel administrative department， civil affairs department and finance department of the State Council by reference to these Regulations， and shall be implemented upon approval of the State Council.

　　Article 63： If， in relation to a work unit that has no business licence or has not registered or filed for record according to law or a work unit whose business licence has been revoked or whose registration or record filing has been cancelled， an Employee of such work unit suffers from accidental injury or occupational disease， the work unit shall pay compensation in a lump sum to the injured Employee or the directly-related family members of the deceased Employee. The compensation standard shall not be lower than the work-related injury insurance benefits specified herein. No Employer shall employ child labour. If an Employer employs child labour and causes disability or death of such child labour， the work unit shall pay compensation in a lump sum to the child labour or the directly-related family members of the child labour. The compensation standard shall not be lower than the work-related injury insurance benefits specified herein. The specific procedures shall be stipulated by the administrative department of labour security of the State Council.

　　If a dispute in respect of the amount of compensation arises between the injured Employee or the directly-related family members of the deceased Employee specified in the preceding paragraph and the work unit， or between the child labour or the directly-related family members of the child labour specified in the preceding paragraph and the work unit， the dispute shall be handled in accordance with the relevant provisions on the handling of labour disputes.

　　Article 6

4： These Regulations shall be implemented as of 1 January 2004. In the case of an Employee that suffered accidental injury or occupational disease before the implementation hereof the determination of work-related injury of whom has not been completed， the provisions hereof shall apply

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/