In order to make the international labor service cooperation and the life insurance of foreign contracted projects have a unified regulation, which is convenient for all units to implement, these measures are formulated.
First, strive for China insurance.
In order to protect the interests of China people who go abroad and earn foreign exchange income for the country, when signing labor contracts with foreign countries, the relevant units should make it clear that China will apply for personal accident insurance for each employee with the People's Insurance Company of China, and the insurance premium will be borne by the other party. If an employee is disabled or dies due to an industrial accident or illness, the insurance company shall compensate him according to the regulations. If the other party insists on insurance in his own country,
Then it should be made clear in the contract that all personal accident responsibilities of my employees during their employment shall be borne by the other party. If it is stipulated in the contract that we are responsible for the casualties of employees, the relevant units shall handle the personal accident insurance of workers with China People's Insurance Company, regardless of whether the insurance premium is listed separately or included in the salary.
Second, the scope of insurance liability
Insurance companies are responsible for compensation for injuries, disabilities, deaths and shutdown losses caused by work-related injuries, illness or accidents during their stay abroad, including round-trip trips, whether work-related or not, but excluding medical expenses.
Three. Insurance amount, insurance rate and insurance premium
The insurance amount of each employee shall not be less than RMB 20,000 or equivalent in foreign currency; Annual rate1%; The annual insurance premium per person is RMB 200 yuan or equivalent foreign currency. Insurance in foreign currency, insurance premiums paid in foreign currency, and compensation paid in foreign currency; Insurance is insured in RMB, insurance expenses are paid in RMB, and compensation is also paid in RMB. (Note: The insured amount is RMB 20,000.00, which is subject to the staff of the Ministry of Foreign Affairs currently stationed in the embassy.
Design insurance amount. When the premium charged to foreign investors in the labor service contracts signed with foreign countries is higher than the above-mentioned premium payable, the excess can be used by the labor dispatch unit for public medical care and payment of labor insurance benefits. Therefore, the insurance premium for foreign negotiations is not limited by the above amount, but should be charged as far as possible according to the international level, that is, about $25 per person per month. ) If the other party requests proof of insurance,
An insurance company may provide a nominal policy at the premium and amount stipulated in the contract.
Four. Insurance procedure
Because laborers who go abroad often flow back and forth, in order to simplify the procedures, if all laborers who go abroad from relevant units are insured in our office, the following measures can be taken.
The first is to estimate the average number of employees abroad under this contract throughout the year, and the insurance company can temporarily issue insurance policies according to this number and collect insurance premiums in advance. The dispatching unit shall truthfully report in writing the number and date of each batch going abroad and returning to China under this contract. When the policy expires, the actual insurance premium receivable shall be calculated according to the actual number of people going abroad throughout the year. The premium received in advance is refunded more and replenished less.
Verb (abbreviation for verb) handling fee
The insurance company may pay the handling fee of 5% of the premium paid to the insured unit, and its currency shall be paid according to the currency of the premium received. For example, a company insured 1 1,000 people in our insurance company, and paid a premium of 200,000 yuan for the whole year, and the company's handling fee was 1 1,000 yuan.
Sixth, the compensation method
(1) Death: In principle, the insurance compensation belongs to the survivors of the deceased and is transferred by the competent unit. If the amount of compensation is in foreign currency, it shall be converted into RMB for payment. Domestic labor insurance pensions and survivors' difficulties subsidies are no longer issued. For example, the insured amount is 20,000.00 yuan per person. If one person dies, our insurance company will pay 20,000.00 yuan.
(2) Disability: According to the doctor's certificate, the insurance company will compensate according to the compensation ratio stipulated in the insurance policy. Compensation in principle belongs to the employee himself, and the competent unit is responsible for the transfer. If the amount of compensation is in foreign currency, it shall be converted into RMB for payment. However, labor insurance and disability allowance will no longer be paid.
For example, the insured amount is 20,000.00 yuan per person. If the insured loses a leg due to an accident, our insurance company should pay ￥ 20,000.00× 50% = ￥10,000.00 according to the compensation table attached to the policy.
(3) Compensation for work stoppage: In case of work stoppage caused by accidental injury, the insurance company shall pay the competent unit according to the provisions of the insurance policy, but not the employee himself, and the employee himself shall still enjoy the relevant provisions of labor insurance. For example, the insured amount is 20,000.00 yuan per person. If the insured is injured by accident (non-disability) and returns to work after three months' rest as certified by the doctor, according to the provisions of the compensation table attached to the policy, I guarantee that,
The insurance company pays ￥ 20,000.00×1‰× 91= ￥1,820.00. If the labor contract stipulates that the other party will pay the shutdown wages as usual, the insurance shutdown compensation will be cancelled.
(4) Medical expenses: employees who seek medical treatment due to illness or accidental disability still enjoy free medical treatment in their own units, which is not covered by insurance.
VII. Claims Procedure
After overseas employees are injured or killed, the insured unit shall notify the insurance company in writing as soon as possible, indicating the insurance policy number, the names of the injured and dead, the cause of the accident, time and place, and attach relevant supporting documents. After checking the above documents, the insurance company will pay compensation to the insured unit according to the insurance regulations.
Eight, the scope of application of these measures
These Measures shall apply to the dispatched personnel of foreign labor service cooperation and contracted projects, and other overseas personnel shall be decided by the competent unit whether to take out insurance. If local laws and regulations require insurance, you should try to insure in China. If we have insurance, we should follow the above method.