1、工伤保险条例英文工伤保险条例(英文版)Regulation on Work-Related Injury Insurances（Decree No. 375 of the State Council of the Peoples Republic of China）The Regulation on Work-Related Injury Insurances, which was deliberated and adopted at the 5th executive meeting of the State Council on April 16, 2003, is hereby prom
2、ulgated, and shall come into force on January 1, 2004.Wen Jiabao, PremierApril 27, 2003PART ONEGENERAL PROVISIONSArticle 1These Regulations are formulated in order to guarantee availability of medical treatment and economic compensation to staff and workers that suffer from work-related accidental i
3、njuryoroccupational 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 traders that hire workers （Employer（s） shall participate in work-related injury insurance and p
4、ay work-related injury insurance premiums for all of the staff and workersorhired workers in their work unit （Employee（s） in accordance with the provisions hereof.The Employees of all types of enterprises and the hired workers of sole traders in the Peoples Republic of China shall have the right to
5、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 injury insurance shall be stipulated by the peoples governments of provinces， autonomous reg
6、ions 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 and Payment of Social Insurance Premiums Tentative Regulations regarding collection and pay
7、ment 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 in work-related injury insurance.An Employer and its Employees shall abide by the laws and
8、 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 avoid and mitigate the harms of occupational diseases.If an Employee suffers from work-related
9、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 the work of work-related injury insurance throughout the country.The administrative departm
10、ents 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 insurance agencies established by the administrative departments of labour security in acc
11、ordance 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 departments shall seek the opinion of trade unions and representatives of Employers when for
12、mulating 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 premiums paid by Employers， interest on work-related injury insurance funds and other funds pai
13、d 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 of payment and that receipt and payment be balanced.The State shall determine premium rate d
14、ifferentials 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 circumstances such as the use of work-related injury insurance premiums and the frequency of occurre
15、nce 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 conjunction with the finance department， health administrative department and safe production
16、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 an Employer on the basis of such circumstances such as use of work-related injury insurance p
17、remiums 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 recei
18、pt and payment of work-related injury insurance funds of all pooling regions throughout the country， and shall propose adjustment to the inter-industry premium rate differentials and the intra-industry premium rate tiers in a timely manner and in conjunction with the finance department， health admin
19、istrative department and safe production regulatory department of the State Council. Such adjustment shall be promulgated and implemented upon approval by the State Council.Article 10Employers shall pay work-related injury insurance premiums on time. Employees shall not pay work-related injury insur
20、ance premiums themselves.The amount of work-related injury insurance premium payable by an Employer shall be the product of the total payroll of the Employees of the work unit and the work unit payable premium rate.Article 11Work-related injury insurance funds in municipalities directly under the ce
21、ntral government and municipalities having districts shall be pooled on a municipality-wide basis. The level of pooling in other regions shall be determined by the peoples government of the provinceorautonomous region.An inter-region industryoran industry with a relatively high level of production m
22、obility may participate from another region in work-related injury insurance in a pooling region by adopting a method of relative concentration. The specific procedures shall be formulated by the administrative department of labour security of the State Council in conjunction with the department in
23、charge of the relevant industry.Article 12Work-related injury insurance funds shall be deposited into a dedicated finance account for social security funds for benefits of work-related injury insurance， assessment of work capability and payment of other expenses for work-related injury insurance sti
24、pulated herein. No work unitorindividual may use the work-related injury insurance funds for investment and operation， constructionorrenovation of office site， distribution of bonuses，ordivert such funds to other uses.Article 13A certain ratio of work-related injury insurance funds shall be maintain
25、ed as reserves for payment of work-related injury insurance benefits in the event of major accidents in the pooling region. In case of a shortage of reserves， the peoples government of the pooling region shall advance the payment. The specific ratio of reserves to the total amount of funds and the p
26、rocedures for the use of reserves shall be stipulated by the peoples governments of provinces， autonomous regionsormunicipalities directly under the central government.PART THREEDETERMINATION OF WORK-RELATED INJURYArticle 14An Employee shall be determined as having a work-related injury if：1. he is
27、injured in an accident at work during working hours in the workplace；2. he is injured in an accident while engaging in preparatoryorfinishing-up work related to work beforeorafter working hours in the workplace；3. he is injured by violenceorin other accident in his performance of job duties during w
28、orking hours in the workplace；4. he suffers from an occupational disease；5. he is injured at workorhis whereabouts became unknown in an accident， during work-related travel；6. he is injured in a motor vehicle accident while going toorreturning from work； or7. he is in other circumstances that shall
29、be determined as work-related injury according to the provisions of laws and administrative regulations.Article 15An Employee shall be deemed as having a work-related injury if：1. he dies immediatelyorwithin 48 hours after emergency treatment for a disease suddenly arising during working hours in th
30、e workplace；2. he is injured in an act to protect national interestsorpublic interests such as emergency rescue and disaster relief； or3. he is injured and disabled in waroron duty while in military service and has obtained a revolutionary injured and disabled soldier certificate， and suffers from a
31、 relapse of the old injury while being employed by the Employer.Where an Employee is in the circumstance of Item （1）or（2） of the preceding paragraph， he shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions hereof. Where an Employee is in the circumst
32、ance of Item （3） of the preceding paragraph， he shall be entitled to work-related injury insurance benefits other than the lump sum disability allowance in accordance with the relevant provisions hereof.Article 16An Employee shall not be determinedordeemed as having work-related injury if：1. he is injuredorhe dies as a result of commission of crimeorviolation of public security administration；2. he is injuredorhe dies as a result of intoxication； or3. he inflicts harm on himselforcommits suicide.Article 17If an Emplo
