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| LABOUR INSURANCE REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA | | 中华人民共和国劳动保险条例 |
| (Adopted by the 73rd Government Administrative Meeting of the Government Administration Council on February 23, 1951 and promulgated by the Government Administration Council on February 26, 1951) | | （一九五一年二月二十三日政务院第七十三次政务会议通过，一九五一年二月二十六日 政务院以政秘字134号命令公布） |
| CHAPTER I GENERAL RULES | | 第一章 总 则 |
| Article 1. These Regulations are formulated according to present economic conditions for the purpose of protecting the health of paid labourers and easing the special difficulties in their livelihood. | | 第一条 为了保护雇佣劳动者的健康，减轻其生活中的特殊困难，特依据目前经济条件，制定本条例。 |
| Article 2. In the implementation of these Regulations, the procedures for provisional implementation in key enterprises shall be adopted and the implementation shall be popularized after achievements are made and experience is obtained in the provisional implementation. Their application shall be limited to the following enterprises for the time being: | | 第二条 本条例的实施，采取重点试行办法，俟实行有成绩，取得经验后，再行推广。其适用范围，目前暂定为下列各企业： |
| (1) State-operated, joint state-private, private and cooperative factories, mines and their subsidiary units and business management organizations, each of which employs more than 100 workers and staff members. | | 甲、雇用工人与职员人数在一百人以上的国营、公私合营、私营及合作社经营的工厂、矿场及其附属单位与业务管理机关。 |
| (2) Each railway, shipping or postal and telecommunications enterprise and its subsidiary units. | | 乙、铁路、航运、邮电的各企业单位及附属单位。 |
| Article 3. With regard to the labour insurance of the enterprise beyond the limits of Clauses (1) and (2) of Article 2 and seasonal enterprises, the administration or capital of each enterprise and its grass-roots trade union committee shall consult with each other and enter into a collective contract to stipulate it on the principles of these Regulations and in accordance with the actual conditions of the enterprise. | | 第三条 不属于第二条甲乙两款范围的企业及季节性的企业，有关劳动保险事项，得由各该企业行政方面或资方与工会基层委员会双方根据本条例原则及本企业实际情况协商，订立集体合同规定之。 |
| Article 4. These Regulations shall be applicable to all the workers and staff members (including apprentices) working in each enterprise which practises labour insurance, making no distinction between nationalities, ages, sexes and citizenship, but those who are deprived of political rights shall be excluded. | | 第四条 凡在实行劳动保险各企业内工作的工人与职员（包括学徒）不分民族、年龄、性别和国籍，均适用本条例，但被剥夺政治权利者除外。 |
| Article 5. The labour insurance remuneration to the casual labourers, seasonal workers and personnel on probation working in each enterprise which practises labour insurance shall be separately prescribed in the rules for the implementation of these Regulations. | | 第五条 凡在实行劳动保险各企业内工作的临时工、季节工与试用人员的劳动保险待遇，在本条例实施细则中另行规定之。 |
| Article 6. If an enterprise to which these Regulations are applicable is difficult to maintain owing to special economic difficulties or has not officially commenced business, the administration or capital of the enterprise shall consult and reach an agreement with the grass-roots trade union committee and put off implementing these Regulations with the approval of the labour administrative authorities of the local people's government. | | 第六条 本条例适用范围内的企业，因经济特殊困难，不易维持，或尚未正式开工营业者，经企业行政方面或资方与工会基层委员会双方协商同意，并报请当地人民政府劳动行政机关批准后，可暂缓实行本条例。 |
| CHAPTER II THE COLLECTION AND MAINTENANCE OF LABOUR INSURANCE FUNDS | | 第二章 劳动保险金的征集与保管 |
| Article 7. All the labour insurance payment stipulated in these Regulations shall be borne by the administration or capital of each enterprise which practises labour insurance, part of them be directly paid by the administration capital or the enterprise and the other part to be handed over by the administration or capital to the trade union organization for disposal as labour insurance funds. | | 第七条 本条例所规定之劳动保险的各项费用，全部由实行劳动保险的各企业行政方面或资方负担，其中一部分由各企业行政方面或资方直接支付，另一部分由各企业行政方面或资方缴纳劳动保险金，交工会组织办理。 |
| Article 8. The administration or capital each enterprise which practises labour insurance accordance with these Regulations shall, by the month, pay the amount which is equivalent three percent of the total of the wages of all the workers and staff members of the enterprise for use as labour insurance funds. These labour insurance funds shall not be deducted from the wages of the workers and staff members nor be separately collected from them. | | 第八条 凡根据本条例实行劳动保险的各企业行政方面或资方，须按月缴纳相当于各该企业全部工人与职员工资总额的百分之三，作为劳动保险金。此项劳动保险金，不得在工人与职员工资内扣除，并不得向工人与职员另行征收。 |
| Article 9. The procedures for the collective and care of the labour insurance funds are follows: | | 第九条 劳动保险金的征集与保管方法如下： |
| (1) The administration or capital of an enterprise shall calculate the monthly payable labour insurance funds on the basis of the total of the wages in the previous month and pay them once to the state bank appointed by and on behalf of the All-China Federation of Trade Unions to collect labour insurance funds within the limited time from the first to tenth days of each month. | | 甲、企业行政方面或资方，须按照上月份工资总额计算，于每月一日至十日限期内，一次向中华全国总工会指定代收劳动保险金的国家银行缴纳每月应缴的劳动保险金。 |
| (2) Within the first two months of the beginning of practising labour insurance, all labour insurance funds paid monthly by the administration or capital of every enterprise shall be deposited into the account of the All-China Federation of Trade Unions as general labour insurance funds for use to run collective labour insurance facilities. Commencing from the third month of the beginning of practising it, 30 percent of the labour insurance funds paid each month shall be deposited into the account of the All-China Federation of Trade Unions as general labour insurance funds; 70 percent shall be deposited into the account of the grass-roots trade union of each enterprise as labour insurance funds for use as the pensions, subsidies and relief funds which are payable to its deserving workers and staff members in accordance with these Regulations. | | 乙、在开始实行劳动保险的头两片内，由企业行政方面或资方按月缴纳的劳动保险金，全数存于中华全国总工会户内，作为劳动保险总基金，为举办集体劳动保险事业之用。自开始实行的第三个月起，每月缴纳的劳动保险金，其中百分之三十，存于中华全国总工会户内，作为劳动保险总基金；百分之七十存于各该企业工会基层委员会户内，作为劳动保险基金，为支付工人职员按照本条例应得的抚恤费、补助费与救济费之用。 |
| Article 10. If the administration or capital of an enterprise does not pay or is in arrears with the labour insurance funds when the time limit is exceeded, the fines for late payment shall be additionally paid, the sums to be one percent of the unpaid parts. If they are not paid 20 days in excess of the time limit, the grass-roots trade union committee shall notify the local state bank to deduct them for payment from the funds of the state, joint state-private or cooperative enterprise; with regard to a private enterprise, the grass-roots trade union committee shall report to the labour administrative authorities of the local people's government so as to investigate and affix the responsibility on the owner of the enterprise. | | 第十条 各企业行政方面或资方逾期未缴或欠缴劳动保险金时，须每日增缴滞纳金，其数额为未缴部分百分之一。如逾期二十日尚未缴纳，对于国营、公私合营或合作社经营的企业，由工会基层委员会通知当地国家银行从其经费中扣缴；对于私营企业，由工会基层委员会报告当地人民政府劳动行政机关，对该企业资方追究责任。 |
| Article 11. The All-China Federation of Trade Unions shall entrust the People's Bank of China with the care of the labour insurance funds on its behalf. | | 第十一条 劳动保险金的保管，由中华全国总工会委托中国人民银行代理之。 |
| CHAPTER III PROVISIONS FOR VARIOUS TYPES OF LABOUR INSURANCE REMUNERATION | | 第三章 各项劳动保险待遇的规定 |
| Article 12. The provisions for the remuneration for an injury or disability caused while on duty: | | 第十二条 因工负伤、残废待遇的规定： |
| (1) If a worker or a staff member is wounded while on duty, he or she shall be treated at the clinic,hospital or special hospital of the enterprise. If the clinic, hospital or special hospital of the enterprise cannot treat him or her, the administration or capital of the enterprise shall transfer him or her for treatment at another hospital and bear all the treating expenses, medicinal charges, hospitalization expenses, board expenses at hospital and travelling expenses for going to doctors. The wages shall be paid as usual during the medical treatment. | | 甲、工人与职员因工负伤，应在该企业医疗所、医院或特约医院医治。如该企业医疗所、医院或特约医院无法医治时，应由该企业行政方面或资方转送其他医院医治，其全部治疗费、药费、住院费、住院时的膳费与就医路费，均由企业行政方面或资方负担。在医疗期间，工资照发。 |
| (2) If a worker or a staff member is certified to be disabled due to an injury caused while on duty, the pensions or subsidies for the disability caused while on duty shall be paid monthly under the labour insurance funds in accordance with the following conditions: | | 乙、工人与职员因工负伤确定为残废时，按下列情况，由劳动保险基金项下按月付给因工残废抚恤费或因工残废补助费。 |
| a. If he or she needs others' assistance in eating and drinking and other aspects of daily life after discharge owing to the complete loss of his or her ability to work, the sums of the pensions for his or her disability caused while on duty shall be 75 per cent of his or her wages, which shall be paid until his or her death. | | 一、完全丧失劳动力不能工作退职后，饮食起居需人扶助者，其因工残废抚恤费数额为本人工资百分之七十五，付至死亡时止。 |
| b. If he or she does not need others' assistance in eating and drinking and other aspects of daily life after discharge owing to the complete loss of his or her ability to work, the sums of the pensions for his or her disability caused while on duty shall be 60 per cent of his or her wages, which shall be paid until the restoration of his or her ability to work or until his or her death. | | 二、完全丧失劳动力不能工作退职后，饮食起居不需人扶助者，其因工残废抚恤费数额为本人工资百分之六十，付至恢复劳动力或死亡时止。 |
| c. If his or her working ability is partially impaired but he or she can still work, the administration or capital of the enterprise shall assign him or her to a suitable job and pay him or her the subsidies for the disability caused while on duty according to the degrees of the loss of his or her ability until his or her retirement or until his or her death; the sums shall be five to 20 percent of his or her wages before the disability, but the total of them with the addition of his or her wages when he or she returns to work shall not exceed his or her original wages before the disability. The detailed procedures shall be formulated in the rules for the implementation. | | 三、部分丧失劳动力尚能工作者，应由企业行政方面或资方给予适当工作，并按其残废后丧失劳动力的程度，付给因工残废补助费，至退职养老或死亡时止，其数额为残废前本人工资百分之五至百分之二十，但与复工时本人工资合计，不得超过残废前本人工资。详细办法在实施细则中规定之。 |
| d. The determination and change of the condition of disability shall be examined by the disability examination board. The detailed procedures shall be formulated in the rules for the implementation. | | 四、残废状况的确定与变更，由残废审查委员会审查。详细办法在实施细则中规定之。 |
| Article 13. The provisions for the remuneration for diseases contracted or an injury or disability sustained while off-duty: | | 第十三条 疾病、非因工负伤、残废待遇的规定： |
| (1) If a worker or a staff member is ill or wounded while off-duty, he or she shall be treated at the clinic, hospital or special hospital of the enterprise. If the clinic, hospital or special hospital of the enterprise cannot treat him or her, the administration or capital of the enterprise shall transfer him or her to another hospital for treatment and hospitalize him or her if necessary. His or her treating expenses, hospitalization expenses and ordinary medicinal expenses shall be borne by the administration or capital of the enterprise; costly medicinal expenses, travelling expenses to go to doctors and board expenses at the hospital shall be borne by himself or herself. | | 甲、工人与职员疾病或非因工负伤，应在该企业医疗所、医院或特约医院医治，如该企业医疗所、医院或特约医院无法医治时，应由该企业行政方面或资方转送其他医院医治，必须住院者，得住院医治。其治疗费、住院费及普通药费，均由企业行政方面或资方负担；贵重药费、就医路费及住院时的膳费由本人自理。 |
(2) If a worker or a staff member stops working to receive the medical treatment of a disease contracted or injury sustained while off-duty and the period of his or her treatment is continued for less than three months, the administration or capital of the enterprise shall pay him 50 to 100 percent of his or her wages according to the length of his or her standing in the enterprise; if the treatment continues for more than three months, he or she shall be paid the relief funds for the disease contracted or the injury sustained while off-duty instead by the month under the labour insurance funds until he or she is able to work or is certified to be disabled or until he or she dies, the sums to be 30 to 50 percent of his or her wages. But the continued suspension of work for medical treatment shall be limited to six months and handled according to the remuneration for the discharge owing to disability in Clause (3) if it exceeds six months. The detailed procedures shall be formulated in the rules for the implementation.
．．．．．． | | 乙、工人与职员疾病或非因工负伤停止工作医疗时，其医疗期间连续在三个月以内者，按其本企业工龄的长短，由该企业行政方面或资方每月发给其本人工资百分之五十至百分之一百；连续医疗期间在三个月以上时，改由劳动保险基金项下按月付给疾病或非因工负伤救济费，其数额为本人工资百分之三十至百分之五十，至能工作或确定为残废，或死亡时止。但连续停工医疗期间以六个月为限，超过六个月者按丙款残废退职待遇办理。详细办法在实施细则中规定之。
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