《工伤保险条例（英文）》由会员分享，可在线阅读，更多相关《工伤保险条例（英文）（14页珍藏版）》请在金锄头文库上搜索。
1、 Work-related Injury Insurance Regulations国务院令第375号（Promulgated by the State Council on 27 April 2003 and effective as of 1 January 2004.）颁布日期：20030427 实施日期：20040101 颁布单位：国务院PART ONEGENERAL PROVISIONSArticle 1These Regulations are formulated in order to guarantee availability of medical treatment an
2、d economic compensation to staff and workers that suffer from work-related accidental injury or occupational disease， to promote prevention of work-related injury and vocational rehabilitation， and to distribute work-related injury risks of employers.Article 2All types of enterprises and sole trader
3、s that hire workers （Employer（s） shall participate in work-related injury insurance and pay work-related injury insurance premiums for all of the staff and workers or hired workers in their work unit （Employee（s） in accordance with the provisions hereof.The Employees of all types of enterprises and
4、the hired workers of sole traders in the Peoples Republic of China shall have the right to enjoy the benefits of work-related injury insurance in accordance with the provisions hereof.The specific steps and implementing procedures for participation of sole traders that hire workers in work-related i
5、njury insurance shall be stipulated by the peoples governments of provinces， autonomous regions and municipalities directly under the central government.Article 3Collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions in the Collection
6、and Payment of Social Insurance Premiums Tentative Regulations regarding collection and payment of basic old age insurance premiums， basic medical insurance premiums and unemployment insurance premiums.Article 4An Employer shall announce within the work unit the relevant details of its participation
7、 in work-related injury insurance.An Employer and its Employees shall abide by the laws and regulations regarding safe production and prevention and treatment of occupational diseases， implement safety and health regulations and standards， prevent occurrence of work-related injury accidents and avoi
8、d and mitigate the harms of occupational diseases.If an Employee suffers from work-related injury， the Employer shall adopt measures to ensure that such Employee receives timely rescue and treatment.Article 5The administrative department of labour security of the State Council shall be in charge of
9、the work of work-related injury insurance throughout the country.The administrative departments of labour security of all levels of local peoples governments at the county level and above shall be in charge of work-related injury insurance work within their respective administrative areas.The social
10、 insurance agencies established by the administrative departments of labour security in accordance with relevant provisions of the State Council （Agency/Agencies） shall undertake the practical affairs of work-related injury insurance.Article 6Administrative departments of labour security and other d
11、epartments shall seek the opinion of trade unions and representatives of Employers when formulating policies and standards for work-related injury insurance.PART TWOWORK-RELATED INJURY INSURANCE FUNDSArticle 7Work-related injury insurance funds shall be composed of work-related injury insurance prem
12、iums paid by Employers， interest on work-related injury insurance funds and other funds paid into the work-related injury insurance funds in accordance with law.Article 8The premium rate for work-related injury insurance shall be determined on the principles that receipt be determined on the basis o
13、f payment and that receipt and payment be balanced.The State shall determine premium rate differentials between industries according to the degree of risks of work-related injuries in different industries， and shall determine several tiers of premium rates within each industry according to circumsta
14、nces such as the use of work-related injury insurance premiums and the frequency of occurrence of work-related injuries. Inter-industry premium rate differentials and intra-industry premium rate tiers shall be formulated by the administrative department of labour security of the State Council in con
15、junction with the finance department， health administrative department and safe production regulatory department of the State Council， and shall be promulgated and implemented upon approval by the State Council. The Agency for a pooling region shall determine the work unit payable premium rate for a
16、n Employer on the basis of such circumstances such as use of work-related injury insurance premiums and frequency of occurrence of work-related injuries of the Employer， and the corresponding premium rate tier applicable to the industry to which the Employer belongs.Article 9The administrative department of labour security of the State Council shall periodically obtain the details of receipt
