Law Express(The Third Issue of 2019)

  • 25 Apr 2019 3:21 PM
    Message # 7303002
    u   Opinions on comprehensively promoting the merger and implementation of maternity insurance and basic medical insurance for employees (hereinafter referred to as Opinions )

    In order to guarantee the social insurance benefits of employees, enhance the mutual-aid ability of the fund and improve the service ability, the General Office of the State Council issued the Opinions on March 6, 2019. The Opinions mainly clarify the following policy contents:

    1. Unification of insurance registration. The on-the-job employees who participate in the basic medical insurance for employees participate in maternity insurance simultaneously.

    2. Unification of fund collection and management. The maternity insurance fund shall be merged into the basic medical insurance fund for employees, being collected uniformly with basic medical insurance fund. According to the sum of the proportion of contributions paid by the employers to the maternity insurance and basic medical insurance for employees, the basic medical insurance premium rate of the new employer shall be determined, and individuals shall not pay the maternity insurance premium.

    3. Unification of medical service management. After the merger and implementation of maternity insurance and basic medical insurance for employees, unified fixed-point medical service management will be implemented.

    4. Unification of administration and information services. After the merger and implementation of the two insurances, it is necessary to unify the administration and standardize the process. The unification of administration is the responsibility of the basic medical insurance agency, and the funds are included in the financial budget of the same level.

    5. Ensure that the maternity insurance benefits during the period of childbirth of the employees are unchanged in accordance with the laws and regulations of the Social Insurance Law of the People's Republic of China and the Special Rules on Labor Protection of Female Employees and other laws and regulations.

    The implementation of the Regulations will be conducive to further standardizing and guiding the emergency work of production safety accidents, improving emergency response capabilities, and effectively reducing casualties and property losses caused by accidents and disasters.

    u  Notice on In-depth Implementation of Internet Advertising Remediation (hereinafter referred to as Notice)

    In order to severely rectify false and illegal Internet advertisements and create an overall healthy Internet advertising market environment, the State Administration for Market Regulation issued the Notice on March 22, 2019. The main contents are as follows:

    1. Key rectification contents. To seriously investigate and deal with Internet illegal advertisements involving orientation problems, political sensitivities, vulgarity and flattery or social influences. These illegal advertisements shall be early detected and early disposed, and given heavy punishment promptly according to law.

    2. Key investigation targets. False advertisements and illegal advertisements on portals, search engines, and e-commerce platforms with large social impact and wide coverage will be focused on, while Internet media such as mobile clients and new media accounts will be highlighted, and medical treatment, pharmaceutical, health food, real estate, financial investment and management concerning physical health and property safety of the people will be targeted. Investigation and punishment of cases shall be strengthened and a large number of major cases must be investigated and dealt with.

    u  Labor Law Tips- To Reduce Social Insurance Premium Rate, the State Council issued a number of policies

    On April 1, 2019, the General Office of the State Council issued a notice on the Comprehensive Plan for Reducing Social Insurance Rate, and subsequently introduced a series of tax reduction policies, the key contents of which are as follows:

    1. The proportion of basic endowment insurance of the units shall be reduced. Provinces with more than 16% can be reduced to 16%.

    2. Continue to reduce unemployment insurance rates and employment injury insurance rates in stages to April 30, 2020.

    3. Adjust contribution base of the social insurance.

    4. Provincial co-ordination of endowment insurance shall be accelerated to achieve unified collection and expenditure at provincial level by 2020.

    5. The central allocation ratio of endowment funds shall be increased, and the allocation ratio is increased to 3.5% this year.

    6. Steadily advance the reform of the social insurance fee collection system. In principle, the various types of insurance for employees will continue to be levied according to the current collection system. In the reform process of expropriation system, it is not allowed to collect the historical arrears of the enterprise, and it is not allowed to adopt any practice to increase the actual burden of small and micro enterprises.

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