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Measures for Application for and Payment of Unemployment Insurance Money (2018 Amendment) [Revised]
失业保险金申领发放办法(2018修订) [已被修订]
【法宝引证码】

The Measures for Application for and Payment of Unemployment Insurance Money

 

失业保险金申领发放办法

(Issued by the Order No. 8 of the Ministry of Labor and Social Security of the People's Republic of China on October 26, 2000; amended in accordance with the Decision of the Ministry of Human Resources and Social Security to Amend Certain Rules on December 14, 2018)

 (2000年10月26日劳动和社会保障部令第8号公布 根据2018年12月14日《人力资源社会保障部关于修改部分规章的决定》修订)

Chapter I General Provisions 

第一章 总则

Article 1 These Measures are formulated in accordance with the “Regulation on Unemployment Insurances” (hereinafter referred to as the Regulation) for the purpose of guaranteeing unemployed persons to timely gain unemployment insurance money and other unemployment insurance treatments.   第一条 为保证失业人员及时获得失业保险金及其他失业保险待遇,根据《失业保险条例》(以下简称《条例》),制定本办法。
Article 2 The employees of urban enterprises and public institutions who have bought unemployment insurances and the employees of other entities who have lost their jobs and have bought unemployment insurances in accordance with the provisions of the people's government at the provincial level (hereinafter uniformly referred to as unemployed persons) shall be governed by these Measures when applying for unemployment insurance money and enjoying other unemployment insurance treatments; while those who are required by legal provisions to buy but have not bought unemployment insurances shall not be governed by these Measures.   第二条 参加失业保险的城镇企业事业单位职工以及按照省级人民政府规定参加失业保险的其他单位人员失业后(以下统称失业人员),申请领取失业保险金、享受其他失业保险待遇适用本办法;按照规定应参加而尚未参加失业保险的不适用本办法。
Article 3 The social insurance handling institutions established by the labor and social security administrative departments to handle unemployment insurance affairs (hereinafter referred to as handling institutions) shall, in accordance with these Measures, accept the applications of unemployed persons for unemployment insurance money, check their qualifications for receiving such money, ratify the enjoyment term and the rate of the unemployment insurance money and other unemployment insurance treatments, take charge of paying unemployment insurance money, and provide other unemployment insurance treatments.   第三条 劳动保障行政部门设立的经办失业保险业务的社会保险经办机构(以下简称经办机构)按照本办法规定受理失业人员领取失业保险金的申请,审核确认领取资格,核定领取失业保险金、享受其他失业保险待遇的期限及标准,负责发放失业保险金并提供其他失业保险待遇。
Chapter II Application for Unemployment Insurance Money 

第二章 失业保险金申领

Article 4 The unemployed persons who meet the conditions prescribed in Article 14 of the Regulation 土豪我们做朋友好不好may apply for receiving unemployment insurance money and enjoying other unemployment insurance treatments. Among whom, those who suspend their employment due to reasons not attributable to their own will shall refer to the following persons:   第四条 失业人员符合《条例》十四条规定条件的,可以申请领取失业保险金,享受其他失业保险待遇。其中,非因本人意愿中断就业的是指下列人员:
(1) the persons whose labor contracts have been terminated; (一)终止劳动合同的;
(2) the persons whose labor contracts have been rescinded by the employer; (二)被用人单位解除劳动合同的;
(3) the persons who have been expelled, removed from the name roll or dismissed by their employers; (三)被用人单位开除、除名和辞退的;
(4) the persons who have rescinded the labor contracts with their employers in accordance with Item (2) or (3) of Article 32 of the “Labor Law of the People's Republic of China”; (四)根据《中华人民共和国劳动法》第三十二条第二、三项与用人单位解除劳动合同的;
(5) the persons prescribed in any law or administrative regulation to meet such conditions. (五)法律、行政法规另有规定的。
Article 5 The entity where some unemployed persons work before their unemployment shall, within 7 days as of termination or rescission of the labor contracts, submit the name roll of the unemployed persons for archival filing to the handling institution that accepts their unemployment insurance affairs, and shall, when so required, provide proof documents on the termination or rescission of the labor contracts, proof documents on procuring unemployment insurances and payment of insurance premiums, and other relevant materials.   第五条 失业人员失业前所在单位,应将失业人员的名单自终止或者解除劳动合同之日起7日内报受理其失业保险业务的经办机构备案,并按要求提供终止或解除劳动合同证明、参加失业保险及缴费情况证明等有关材料。
Article 6 An unemployed person shall, within 60 days as of termination or rescission of the labor contract, apply to the handling institution that accepts his employer's unemployment insurance affairs for unemployment insurance money.   第六条 失业人员应在终止或者解除劳动合同之日起60日内到受理其单位失业保险业务的经办机构申领失业保险金。
Article 7 An unemployed person who applies for unemployment insurance money shall fill out an “Application Form for Unemployment Insurance Money”, and show the following proof materials:   第七条 失业人员申领失业保险金应填写《失业保险金申领表》,并出示下列证明材料:
(1) his own identity certificate; (一)本人身份证明;
(2) the proof document issued by his employer on termination or rescission of the labor contract; (二)所在单位出具的终止或者解除劳动合同的证明;
(3) the unemployment registration certificate; (三)失业登记;
(4) other materials prescribed by the labor security administrative department at the provincial level. (四)省级劳动保障行政部门规定的其他材料。
Article 8 An unemployed person shall go to the handling institution to apply for the unemployment insurance money by himself on a monthly basis, and shall meanwhile truthfully tell the handling institution about his seeking job opportunities, acceptance of occupational guidance and occupational trainings.   第八条
聊五分钱的天吗
 失业人员领取失业保险金,应由本人按月到经办机构领取,同时应向经办机构如实说明求职和接受职业指导、职业培训情况。
Article 9 Where an unemployed person suffers from any disease and visits a doctor during the period of receiving unemployment insurance money, he may, in accordance with the legal provisions, apply to the handling institution for a medical treatment subsidy.   第九条 失业人员在领取失业保险金期间患病就医的,可以按照规定向经办机构申请领取医疗补助金。
Article 10 Where an unemployed person dies during the period of receiving unemployment insurance money, his family member may bring his death proof, the applicant's identity certificate, and the proof on the relationship with the unemployed person to apply, in accordance with the legal provisions, to the handling institution for a lump sum of funeral subsidy, and the pension for supporting his spouse and lineal relatives. The unemployment insurance money of the present month, which has not yet been received by the unemployed person, may be received by his family members along with the aforementioned money.   第十条 失业人员在领取失业保险金期间死亡的,其家属可持失业人员死亡证明、领取人身份证明、与失业人员的关系证明,按规定向经办机构领取一次性丧葬补助金和其供养配偶、直系亲属的抚恤金。失业人员当月尚未领取的失业保险金可由其家属一并领取。
Article 11 An unemployed person shall, during the period of receiving unemployment insurance money, actively seek job opportunities, accept occupational guidance and occupational trainings. The unemployed person may, when seeking job opportunities during the period of receiving unemployment insurance money, enjoy preferential policies such as reduced or exempted expenses for employment in accordance with the legal provisions.   第十一条 失业人员在领取失业保险金期间,应积极求职,接受职业指导和职业培训。失业人员在领取失业保险金期间求职时,可以按规定享受就业服务减免费用等优惠政策。
Article 12 Where, during the period of receiving unemployment insurance money or after expiry of the period, an unemployed person meets the conditions for enjoying the minimum living costs for local urban residents, he may apply for enjoying the minimum living cost treatments for urban residents in accordance with the legal provisions.   第十二条 失业人员在领取失业保险金期间或期满后,符合享受当地城市居民最低生活保障条件的,可以按照规定申请享受城市居民最低生活保障待遇。
Article 13 Where an unemployed person is under any of the circumstances prescribed in Article 15 of the Regulation during the period of receiving unemployment insurance money, he may not be allowed to continue receiving unemployment insurance money or enjoying other unemployment insurance treatments.   第十三条 失业人员在领取失业保险金期间,发生《条例》十五条规定情形之一的,不得继续领取失业保险金和享受其他失业保险待遇。
Chapter III Payment of Unemployment Insurance Money 

第三章 失业保险金发放

Article 14 A handling institution shall, within 10 days as of acceptance of an unemployed person's application for unemployment insurance money, check and ascertain the applicant's qualification, and notify the result and relevant matters to the unemployed person himself. The unemployment insurance money shall be calculated and paid to the unemployed person who is found to be qualified upon examination as of the day when he made his unemployment registration.   第十四条 经办机构自受理失业人员领取失业保险金申请之日起10日内,对申领者的资格进行审核认定,并将结果及有关事项告知本人。经审核合格者,从其办理失业登记之日起计发失业保险金。
Article 15 A handling institution shall determine the term for an unemployed person to enjoy unemployment insurance money on the basis of the accumulative time of his payment of unemployment insurance premiums. While the accumulative time of an unemployed person's payment of unemployment insurance premiums shall be determined according to the following principles:   第十五条 经办机构根据失业人员累计缴费时间核定其领取失业保险金的期限。失业人员累计缴费时间按照下列原则确定:
(1) Before the system of individual payment of unemployment insurance premiums is practiced, his service term calculated according to the legal provisions of the state shall be deemed as the time of payment of unemployment insurance premiums, and shall be combined with the time of payment of unemployment insurance premiums after promulgation of the Regulation. (一)实行个人缴纳失业保险费前,按国家规定计算的工龄视同缴费时间,与《条例》发布后缴纳失业保险费的时间合并计算。
(2) Where an unemployed person becomes unemployed again after he is re-employed during the period of receiving unemployment insurance money, the time of payment of unemployment insurance premiums shall be calculated anew, and the term of his receiving the unemployment insurance money may be combined with the term of his unreceived unemployment insurance money which ought to have been received due to his last unemployment, provided that such a term shall be no longer than 24 months. If the unemployed person becomes unemployed again within one year after he was employed during the period of receiving unemployment insurance money, he may continue applying for receiving the unemployment insurance money which he ought to have received due to the last unemployment. (二)失业人员在领取失业保险金期间重新就业后再次失业的,缴费时间重新计算,其领取失业保险金的期限可以与前次失业应领取而尚未领取的失业保险金的期限合并计算,但是最长不得超过24个月。失业人员在领取失业保险金期间重新就业后不满一年再次失业的,可以继续申领其前次失业应领取而尚未领取的失业保险金。
Article 16 The rates of unemployment insurance money, medical treatment subsidy, funeral subsidy, pension, subsidies for occupational trainings and job recommendation, and other similar unemployment insurance treatments shall be governed by the relevant provisions of the people's government of each province, autonomous region, or municipality directly under the Central Government.   第十六条 失业保险金以及医疗补助金、丧葬补助金、抚恤金、职业培训和职业介绍补贴等失业保险待遇的标准按照各省、自治区、直辖市人民政府的有关规定执行。
Article 17 The unemployment insurance money shall be paid on a monthly basis, for which the handling institution shall issue a document, and the unemployed person concerned shall, upon strength of such documents, apply for the unemployment insurance money in the designated bank.   第十七条 失业保险金应按月发放,由经办机构开具单证,失业人员凭单证到指定银行领取。
Article 18 With respect to any unemployed person whose term of receiving unemployment insurance money will expire very soon, the handling institution shall inform him one month in advance.   第十八条 对领取失业保险金期限即将届满的失业人员,经办机构应提前一个月告知本人。
Where an unemployed person is under any of the circumstances prescribed in Article 15 of the Regulation during the period of receiving unemployment insurance money, the handling institution shall have the right to immediately stop paying the unemployment insurance money to him, and meanwhile suspend other unemployment insurance treatments he enjoys. 失业人员在领取失业保险金期间,发生《条例》法宝十五条规定情形之一的,经办机构有权即行停止其失业保险金发放,并同时停止其享受其他失业保险待遇。
Article 19 A handling institution shall offer consulting services to the unemployed people by preparing written documents, opening service windows, setting up telephone numbers for inquiries, etc..   第十九条 经办机构应当通过准备书面资料、开设服务窗口、设立咨询电话等方式,为失业人员、用人单位和社会公众提供咨询服务。
Article 20 A handling institution shall, in accordance with the legal provisions, take charge of the statistical work on handling applications for and paying the unemployment insurance money.   第二十条 经办机构应按规定负责失业保险金申领、发放的统计工作。
Chapter IV Modification of Unemployment Insurance Underwriters 

第四章 失业保险关系转迁

Article 21 In the event that the entity where an unemployed person worked prior to his unemployment and his own household registration do not fall within the same region for the overall arrangement of unemployment insurance, the payment of his unemployment insurance money and the provision of his other unemployment insurance treatments shall be negotiated between the labor security administrative departments of the two different regions, so as to clarify the specific measures. If they fail to reach an agreement through negotiation, the aforementioned matters shall be determined by the labor security administrative department at the higher level.   第二十一条 对失业人员失业前所在单位与本人户籍不在同一统筹地区的,其失业保险金的发放和其他失业保险待遇的提供由两地劳动保障行政部门进行协商,明确具体办法。协商未能取得一致的,由上一级劳动保障行政部门确定。
Article 22 Where an unemployed person's unemployment insurance underwriter needs to be changed into that in another province, autonomous region, or municipality directly under the Central Government, the unemployment insurance money shall be transferred for payment by the new unemployment insurance underwriter accordingly. The unemployment insurance money in need of transfer shall include the unemployment insurance money, the medical treatment subsidy, and the subsidies for occupational trainings and job recommendation. Among which, the medical treatment subsidy, and the subsidies for occupational trainings and job recommendation shall be calculated at half the total amount of unemployment insurance money to be enjoyed by the unemployed person.   第二十二条 失业人员失业保险关系跨省、自治区、直辖市转迁的,失业保险费用应随失业保险关系相应划转。需划转的失业保险费用包括失业保险金、医疗补助金和职业培训、职业介绍补贴。其中,医疗补助金和职业培训、职业介绍补贴按失业人员应享受的失业保险金总额的一半计算。
Article 23 Where an unemployed person's unemployment insurance underwriter is changed into that in another region for the overall arrangement of unemployment insurance within the same province or autonomous region, his unemployment insurance money shall be handled in accordance with the provisions of the labor security administrative department at the provincial level.   第二十三条 失业人员失业保险关系在省、自治区范围内跨统筹地区转迁,失业保险费用的处理由省级劳动保障行政部门规定。
Article 24 Where an unemployed person moves into another region for the overall arrangement of unemployment insurance, he shall, upon strength of the proof materials issued by the handling institution where the former unemployment insurance underwriter is located, apply to the handling institution where the new unemployment insurance underwriter is located for receiving the unemployment insurance money.   第二十四条 失业人员跨统筹地区转移的,凭失业保险关系迁出地经办机构出具的证明材料到迁入地经办机构领取失业保险金。
Chapter V Supplementary Provisions 

第五章 附则

Article 25 Where a handling institution finds that anyone who does not meet the conditions fraudulently obtains any unemployment insurance money or other unemployment insurance treatments by altering or forging relevant materials or by other illegal means, it shall order him to refund them. If the circumstance is serious, the handling institution may request the labor security administrative department to penalize him.   第二十五条 经办机构发现不符合条件,或以涂改、伪造有关材料等非法手段骗取失业保险金和其他失业保险待遇的,应责令其退还;对情节严重的,经办机构可以提请劳动保障行政部门对其进行处罚。
Article 26 Where any staff member of the handling institution violates these Measures, he shall be ordered by the handling institution or the labor security administrative department in charge of this handling institution to make a correction. If the circumstance is serious, he shall be given an administrative sanction in accordance with the law. If he causes any loss to an unemployed person, he shall make compensation in accordance with the law.   第二十六条 经办机构工作人员违反本办法规定的,由经办机构或主管该经办机构的劳动保障行政部门责令其改正;情节严重的,依法给予行政处分;给失业人员造成损失的,依法赔偿。
Article 27 Where an unemployed person is in dispute with the handling institution due to the enjoyment of unemployment insurance treatments, he may apply to the labor security administrative department in charge of this handling institution for administrative reconsideration.   第二十七条 失业人员因享受失业保险待遇与经办机构发生争议的,可以向主管该经办机构的劳动保障行政部门申请行政复议。
Article 28 Where a farmer working as a contractual worker whose labor contract conforms to the Regulation but is not renewed at expiry or whose labor contract is rescinded in advance applies for a lump sum of living subsidies, the matter shall be handled in accordance with the measures of the present province, autonomous region, or municipality directly under the Central Government.   第二十八条 符合《条例》规定的劳动合同期满未续订或者提前解除劳动合同的农民合同制工人申领一次性生活补助,按各省、自治区、直辖市办法执行。
Article 29 The specimen of the “Application Form for Unemployment Insurance Money” shall be uniformly made by the Ministry of Labor and Social Security.   第二十九条 《失业保险金申领表》的样式,由劳动和社会保障部统一制定。
Article 30 These Measures shall come into force on January 1, 2001.

   第三十条 本办法自二○○一年一月一日起施行。
 附件1 失业保险金申领登记表(略)
 附件2
 中华人民共和国劳动法》第三十二条 有下列情形之一的,劳动者可以随时通知用人单位解除劳动合同:
 (一)在试用期内的;
 (二)用人单位以暴力、威胁或者非法限制人身自由的手段强迫劳动的;
 (三)用人单位未按照劳动合同约定支付劳动报酬或者提供劳动条件的。
 失业保险条例》第十四条 具备下列条件的失业人员,可以领取失业保险金:
 (一)按照规定参加失业保险,所在单位和本人已按照规定履行缴费义务满1年的;
 (二)非因本人意愿中断就业的;
 (三)已办理失业登记,并有求职要求的。
 失业人员在领取失业保险金期间,按照规定同时享受其他失业保险待遇。
 失业保险条例》第十五条 失业人员在领取失业保险金期间有下列情形之一的,停止领取失业保险金,并同时停止享受其他失业保险待遇:
 (一)重新就业的;
 (二)应征服兵役的;
 (三)移居境外的;
 (四)享受基本养老保险待遇的;
 (五)被判刑收监执行或者被劳动教养的;
 (六)无正当理由,拒不接受当地人民政府指定的部门或者机构介绍的工作的;
 (七)有法律、行政法规规定的其他情形的。
     
     
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