High risk of industrial injury compensation in the construction industry and identification and treatment of the subject of loss liability


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Before the commencement of the project, the construction general contractor shall pay the industrial injury insurance expenses of the project in a lump sum, covering all employees used in the project, including migrant workers used by professional contracting units and labor subcontractors.

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For housing construction and municipal infrastructure projects that participate in industrial injury insurance based on construction projects, priority can be given to handling the procedures for participating in industrial injury insurance among various social insurances.

103: “Ensuring the source of industrial injury insurance costs”.

After an employee is injured by an accident or suffers from an occupational disease, he/she shall undergo occupational injury identification and labor capacity appraisal at the insured place, and shall enjoy occupational injury insurance benefits in accordance with the regulations of the insured place; Employees who have not participated in industrial injury insurance shall undergo industrial injury identification and labor ability appraisal at the production and business operation site, and the employer shall pay the benefits of industrial injury insurance according to the regulations of the production and business operation site.

The construction unit shall separately list and disburse the industrial injury insurance expenses in the project budget as non competitive fees, and shall not participate in bidding.

103): If a construction unit, a general construction contractor, or a subcontractor with labor entity qualifications contracts a project (business) to an organization or individual that does not have labor entity qualifications, and the organization or individual recruits workers who suffer from industrial injury, the employer and the organization or individual that does not have labor entity qualifications shall bear joint and several liability for compensation.

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Based on the above policy analysis, the industrial injury insurance premiums in the construction industry are calculated and paid based on the construction project as a unit and a certain proportion of the total project cost.

103): Construction enterprises should participate in work injury insurance according to law.

12) stipulates that” employers such as construction and mining enterprises shall contract out engineering (business) or management rights to organizations or natural persons that do not have the qualifications for employment, and for workers recruited by such organizations or natural persons, the employer with the qualifications for employment shall bear the responsibility for the employment subject.

103): For construction projects that do not participate in industrial injury insurance, if an employee suffers an industrial injury accident, the employer where the employee belongs shall pay the industrial injury insurance benefits in accordance with the law, and the general construction contractor and the construction unit shall bear joint and several liabilities; “If the employer and the general construction contractor and construction unit that bear joint and several liabilities do not pay, the payment shall be made in advance from the industrial injury insurance fund, and the employer and the general construction contractor and construction unit that bear joint and several liabilities shall repay the payment.”; In case of non repayment, the social insurance agency shall recover the compensation according to law.

Article 3 of the “Measures for the Payment of Industrial Injury Insurance Premiums for Enterprises in Certain Industries” (Order No.

Article 8 of the Policy for Advance Payment of Industrial Injury Insurance (RSBF [2014] No.

In addition to the “four insurances and one fund” in which the industrial injury insurance must be purchased by the employer, the other three insurances must be purchased by the employer and the employee together, and the industrial injury insurance must be paid by the general construction contractor in a lump sum before the construction enterprise applies for a construction permit.

According to the characteristics of the construction industry, construction enterprises should participate in industrial injury insurance for relatively fixed employees according to the employer; Workers in the construction industry, especially migrant workers, who cannot be insured by employer or used for construction projects, will be eligible for work-related injury insurance by project.

10 of the Ministry of Human Resources and Social Security of the People’s Republic of China) states that construction enterprises can calculate and pay industrial injury insurance premiums based on a certain proportion of the total cost of the project, taking the construction project as a unit.

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Article 7 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Industrial Injury Insurance (II) (Human Resources and Social Security Department [2016] No.

“The Notice on Matters Relating to the Establishment of Labor Relations (Ministry of Labor and Social Security [2005] No.

Article 9 of the Joint and Several Liability Investigation Mechanism for Industrial Injury Compensation (RSBF [2014] No.

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29): If the employer’s registration place and production and operation place are not in the same overall planning area, in principle, the employer should participate in industrial injury insurance for employees at the registration place; Employees who do not participate in industrial injury insurance at the place of registration may be covered by the employer in the place of production and operation.

Before the commencement of the project, the general construction contractor shall pay the industrial injury insurance premium for the project in a lump sum, covering all employees used in the project, including migrant workers used by professional contractors and labor subcontractors.

Article 1 of the “Opinions on Further Improving the Work Injury Insurance Work in the Construction Industry” (RSBF [2014] No.

Xiao Taishou’s Recent Course Arrangement Time and Location Project March 28-29, Beijing Golden Tax Phase IV, Tracing Treatment and Engineering Project Cost Reduction Strategy for 28 High Risk Issues in the Construction Industry April 13-14 Nanjing April 18-19 Guangzhou April 22-23 Changsha March 30-31 Nanjing Construction Enterprise “Equity Structure Tax Saving Design” Strategy and Classic Case Registration Contact Number: Teacher Mo 18210906826 (same as WeChat) (I) Related Policies on Compensation for Industrial Injury (Safety) Accidents in Projects 1 The cost of industrial injury insurance shall only be paid by the employer in accordance with Article 10 of the Regulations on Industrial Injury Insurance and Article 33 of the Social Insurance Law of the People’s Republic of China.

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When handling the construction permit formalities, the construction unit shall submit a certificate of participation in the construction project industrial injury insurance as one of the specific measures to ensure the safe construction of the project; For projects where safety construction measures have not been implemented, local housing and urban and rural construction authorities will not issue construction permits.

The source of industrial injury insurance costs is stipulated in Article 4 of the Human Resources and Social Security Ministry [2014] No.

The unit responsible for the main responsibility of the labor force in construction.

Construction enterprises that participate in insurance according to the project shall participate in industrial injury insurance at the location of the construction project.

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