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深圳经济特区奖励和保护见义勇为人员条例 Regulations of the Shenzhen Special Economic Zone on Rewarding and Protecting of

2009-03-24 法律英语 来源:互联网 作者:
rance, the persons taking courageous acts for a just cause shall enjoy the other benefits of employment injury insurance at the same time;

  (2) If the persons taking courageous acts for a just cause participated in medical insurance, the social insurance agencies shall make payments;

  (3) As for the other persons taking courageous acts for a just cause, the foundation shall make one-time payments for medical subsidies. The classes, amounts and authority of examination and approval of the medical subsidies shall be decided by the executive council of the foundation.

  Article 20 As concerns the funeral fees of a person who died for taking

  courageous acts for a just cause, if it is covered by employment injury insurance, the social insurance agency shall make a payment in advance; if there is an employing unit which this person is affiliated with, the unit shall make an advance payment; if there is no employing unit which this person is affiliated with, the foundation shall make an advance payment.

  Article 21 When the persons taking courageous acts for a just cause are under medical treatment, they shall be regarded as having full-time attendance in their work places, their employing units shall not deduct part of their wages, bonus, and other welfare benefits for this reason.

  Article 22 The grade of disability of a person who was disabled because of taking courageous acts for a just cause shall be determined by a social insurance agency according to law if this person is a beneficiary of employment injury insurance; as for the other kind of persons, the grade shall be determined by the department of civil administration according to law.

  Article 23 The pension for the family of a person who deceased in taking courageous acts for a just cause or the pension for a person who was disabled in taking courageous acts for a just cause shall be paid by the department of civil administration or social insurance agency according to the related rules if these persons are public employees of the state or beneficiaries of employment injury insurance; as for other kind of persons, the f

oundation shall make one-time payments of a certain amount.

  Article 24 If a person cannot take the original job in this city because of disability caused by taking courageous acts for a just cause, the employing unit shall make an appropriate adjustment of the person‘s job and shall not terminate the contract of labor or lay off the person; if the person is employed in other places, the foundation shall issue a certificate on the courageous acts for a just cause and suggest the employing unit make an appropriate adjustment and allowances for this person. The department of civil administration, the association of the disabled or the department of labor and personnel shall be responsible for making appropriate arrangements for the jobs of the disabled persons taking courageous acts for a just cause if these persons are registered as permanent residents in the Shenzhen City.

  The department of labor and personnel shall giver priority to recommendation of the spouses, lineal relatives of the deceased or disabled persons taking courageous acts for a just cause for employment in comparison to the other people with equivalent qualifications.

  Article 25 If it is not appropriate for a person taking courageous acts in pursuing and capturing a criminal suspect or solving a major case to be made public, the foundation and the related department shall keep the secret. The departments of public security, justice shall take effective measures to protect the person taking courageous acts for a just cause and the person‘s family who need protection.

  Chapter V Raising, Use and Management of the Fund

  Article 26 The fund shall be raised, used and managed by the foundation according to law. The other organizations and individuals shall not raise such money.

  The foundation shall establish and improve the rules and regulations on the use and management of the fund, and the executive council shall exercise the functions and power of the use and management of the fund.

  Article 27 The fund shall be raised in the way as follows:

  (1) the donations made by the domestic government offices, organizations, enterprises, institutions and individual citizens;

  (2) the donations made by the overseas Chinese, Hong Kong, Macao and Taiwan compatriots, and foreign friendly groups and individuals;

  (3) the financial aid provided by the social welfare fund;

  (4) the necessary financial aid provided by the people‘s governments at various levels;

  (5) the other legal channels.

  The foundation may publicize and commend the units and individuals having

  made donations.

  The units and individuals who have made large donations shall be recommended by the foundation to join the executive council.

  Article 28 The fund shall be used for the following purpose:

  (1) the awards for the persons taking courageous acts for a just cause;

  (2) the medical subsidies for the persons taking courageous acts for a just cause;

  (3) the funeral fees, pensions of the persons taking courageous acts for a just cause and the pensions for the family of the deceased persons taking courageous acts for a just cause;

  (4) the other expenses audited and confirmed by the foundation.

  The fund shall be used for its specified purposes only and shall not be

  misappropriated for the other purposes.

  Article 29 The expenses shall be within the value added of the fund, if it is indeed necessary to have expenses beyond the value added, such expenses shall be approved at a plenary meeting of the executive council.

  A certain proportion of the surplus of the annual value added of the fund shall be retained and converted into the principal, and the remaining part shall be used for the next year‘s expenses. The proportion of retaining shall be decided by the executive council.

  Article

30 The fund shall increase in value through savings deposit, bonds-purchase, and other safe ways that the state allows.

  Article 31 The foundation shall accept the supervision by the related departments such as the people‘s bank, department of civil administration, etc., and regularly report the statements of income and expenditure to the responsible department.

  Chapter VI Legal Liabilities

  Article 32 In case of violation of Article 18 of these regulations by refusing or delaying the emergency treatment of a person injured in taking courageous acts for a just cause, the municipal responsible department of health shall give criticism and education, and order the emergency treatment; if a serious consequence has been caused, disciplinary sanction shall be imposed on the related leaders and directly responsible persons.

  Article 33 If an employing unit has, in violation of Article 21 of these regulations, deducted part of the wage, bonus, and other welfare benefits of the persons taking courageous acts for a just cause, the municipal responsible department of labor shall give criticism and order correction; if the correction has been refused, the municipal responsible department of labor shall impose a fine of 5,000 RMB on the employing unit.

  Article 34 If an employing unit has, in violation of Article 24 of these regulations, refused to make an appropriate adjustment in the job of a person who was disabled in taking courageous acts for a just cause, the municipal responsible department of labor shall give criticism and order correction; if the contract of labor has been terminated or the person has been laid off, an order to continue to execute the contract shall be issued; if the order has been rejected, the municipal responsible department of labor shall, as the circumstances may require, order a one-time payment of 20,000 RMB as compensation for the person taking courageous acts for a just cause.

  Article 35 In case of violation of Article 25 of these regulations by failing to keep the secret of a person taking courageous acts for a just cause who should not be made public or failing to protect a person taking courageous acts for a just cause and the person‘s family members who need protection so that a serious consequence has been caused, the related department shall investigate into the responsibility of the related leaders and directly responsible persons according to law, if a crime has been constituted, the criminal responsibility shall be ascertained by the department of justice according to law.

  Article 36 In case of violation of the first section of Article 26 by illegally raising the fund, the municipal people‘s bank shall order stopping of the activities of illegal money-raising, confiscate the illegally raised money, and impose a fine according to the related rules, and the related departments shall investigate into the responsibility of the responsible persons according to law, if a crime has been constituted, the criminal responsibility shall be ascertained by the department of justice according to law.

  Article 37 In case of violation of the second section of Article 28 of these regulations by misappropriating the fund for other purposes, the responsible department shall order correction and impose disciplinary sanctions on the chief responsible person and directly responsible persons of the foundation, if a crime has been constituted, the criminal responsibility shall be ascertained by the department of justice according to law.

  Article 38 In case of violation of Article 30 by increasing the value of investment in t

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