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失业保险条例
发布时间:2011-8-30 15:30:00||  点击:1863次||  文章分类:翻译案例||  发布人:翻译家(Fanyijia.com)


失业保险条例

Regulations on Unemployment Insurance

第一章 总则

Chapter One General Provisions

第一条 为了保障失业人员失业期间的基本生活,促进其再就业,制定本条例。

Article 1These Regulation are formulated to guarantee basic livings of the unemployed during the unemployment period and promote their reemployment.

第二条 城镇企业事业单位、城镇企业事业单位职工依照本条例的规定,缴纳失业保险费。

Article 2Enterprises and institutions in cities and towns as well as their staff and workers shall pay unemployment insurance premium in accordance with these Regulations.

城镇企业事业单位失业人员依照本条例的规定,享受失业保险待遇。

The unemployed of enterprises and institutions in cities and towns may enjoy the benefits of unemployment insurance in accordance with these Regulation .

本条所称城镇企业,是指国有企业、城镇集体企业、外商投资企业、城镇私营企业以及其他城镇企业。

Enterprises and institutions in cities and towns mentioned in this Article refer to State-owned enterprises, collectively owned enterprise in cities and towns, enterprise with foreign investment, privately owned enterprise in cities and towns as well as other enterprise in cities and towns

第三条 国务院劳动保障行政部门主管全国的失业保险工作。

Article 3The administrative department of labor security under the State Council is in charge of unemployment insurance work throughout the country.

县级以上地方各级人民政府劳动保障行政部门主管本行政区域内的失业保险工作。

The administrative departments of labor security under the people's governments at or above the county level are in charge of unemployment insurance work within their respective administrative areas.

劳动保障行政部门按照国务院规定设立的经办失业保险业务的社会保险经办机构依照本条例的规定,具体承办失业保险工作。

Social insurance agencies engaging in unemployment insurance business established by administrative departments of labor security in accordance with provisions of the State Council will undertake concretely the unemployment insurance work.

第四条 失业保险费按照国家有关规定征缴。

Article 4Unemployment insurance premium is collected and paid according to relevant provisions of the State.

第二章 失业保险基金

Chapter Two Unemployment Insurance Funds

第五条 失业保险基金由下列各项构成:

Article 5Unemployment insurance funds include the following items:

(一)城镇企业事业单位、城镇企业事业单位职工缴纳的失业保险费;

a.unemployment insurance premium paid by enterprises and institutions in cities and towns as well as their staff and workers;

(二)失业保险基金的利息;

b.interest of unemployment insurance fund;

(三)财政补贴;

c.financial subsidies;

(四)依法纳入失业保障基金的其他资金。

d.other funds incorporated into unemployment insurance funds according to law.

第六条 城镇企业事业单位按照本单位工资总额的百分之二缴纳失业保险费。

Article 6Enterprises and institutions in cities and towns shall pay unemployment insurance premium at a rate of 2% on the basis of their total amount of salaries.

城镇企业事业单位职工按照本人工资的百分之一缴纳失业保险费。

Staff and workers in enterprises and institutions in cities and towns shall pay unemployment insurance premium at a rate of 1% on the basis of their own salaries.

城镇企业事业单位招用的农民合同制工人本人不缴纳失业保险费。

 Contract-system farmer workers engaged by enterprises and institutions in cities and towns do not pay unemployment insurance premium themselves.

第七条 失业保险基金在直辖市和设区的市实行全市统筹;其他地区的统筹层次由省、自治区人民政府规定。 

Article 7 Overall planning for unemployment insurance funds is to be conducted in municipalities directly under the Central Government and cities divided into districts; levels of overall planning in other areas are to be stipulated by people's governments of provinces and autonomous regions.

第八条 省、自治区可以建立失业保险调剂金。

Article 8  Provinces and autonomous regions may establish adjustment funds of unemployment insurance.

失业保险调剂金以统筹地区依法应当征收的失业保险费为基数,按照省、自治区人民政府规定的比例筹集。

Adjustment funds of unemployment insurance are to be raised at a ratio prescribed by people's governments of provinces or autonomous regions, taking unemployment insurance premium that should be collected according to law in areas where overall planning is conducted as the base.

统筹地区的失业保险基金不敷使用时,由失业保险调剂金调剂、地方财政补贴。

If unemployment funds in areas where overall planning is conducted are not enough for use, adjustment funds of unemployment insurance may be used as adjustment and local finance may be used as subsidies.

失业保险调剂金的筹集、调剂使用以及地方财政补贴的具体办法,由省、自治区人民政府规定。

Specific measures for raising and adjusting adjustment funds of unemployment insurance and for local financial subsidies are to be stipulated by people's governments of provinces and autonomous regions.

第九条 省、自治区、直辖市人民政府根据本行政区域失业人员数量和失业保险基金数额,报经国务院批准,可以适当调整本行政区域失业保险费的费率。

Article 9 People's governments of provinces, autonomous regions and municipalities directly under the Central Government, according to the number of the unemployed and the amount of unemployment insurance funds for their respective administrative areas, and after the approval by the State Council, may adjust properly rate of unemployment insurance premium.

第十条 失业保险基金用于下列支出:

Article 10 Unemployment insurance funs shall be used for the following expenditure:

(一)失业保险金;

a.unemployment insurance compensation;

(二)领取失业保险金期间的医疗补助金;

b.medical subvention during the period of receiving unemployment insurance compensation;

(三)领取失业保险金期间死亡的失业人员的丧葬补助金和其供养的配偶、直系亲属的抚恤金;

c.funeral allowance for the unemployed died during the period of receiving unemployment insurance compensation and pension for spouse and direct relatives supported by the dead person;

(四)领取失业保险金期间接受职业培训、职业介绍的补贴,补贴的办法和标准由省、自治区、直辖市人民政府规定;

d.subsidy for accepting job training and job seeking during the period of receiving unemployment insurance compensation. Measures and Schemes for such subsidy are to be stipulated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government;

(五)国务院规定或者批准的与失业保险有关的其他费用。

e.other expenses relating to unemployment insurance stipulated or approved by the State Council.

第十一条 失业保险基金必须存入财政部门在国有商业银行开设的社会保障基金财政专户,实行收支两条线管理,由财政部门依法进行监督。

Article 11Unemployment insurance funds must be deposited into special accounts of social security funds opened by financial departments in State-owned commercial banks. They shall be managed in a way of separate channeled receipts and expenditures and supervised by financial departments according to law.

存入银行和按照国家规定购买国债的失业保险基金,分别按照城乡居民同期存款利率和国债利息计息。

Unemployment insurance funds deposited into banks and used to buy national debts according to State provisions are accounted interests respectively according to the deposit rates of resident deposits during the same period and interests of national debt.

失业保险基金的利息并入失业保险基金。

The interests are merged into unemployment insurance funds.

失业保险基金专款专用,不得挪作他用,不得用于平衡财政收支。

Unemployment insurance funds shall be used for their specific purposes, and may not be misused for other purposes or used to balance financial expenses and receipts.

第十二条 失业保险基金收支的预算、决算,由统筹地区社会保险经办机构编制,经同级劳动保障行政部门复核、同级财政部门审核,报同级人民政府审批。

Article 12Budget and settlement of unemployment insurance funds shall be made by social insurance agencies in areas where overall planning is conducted, and submitted to people's governments at the same level for examination and approval upon check by administrative departments of labor security and verification by financial departments at the same level.

第十三条 失业保险基金的财务制度和会计制度按照国家有关规定执行。

Article 13Financial systems and accounting systems for unemployment insurance funds shall be carried out according to relevant provisions of the State.

第三章 失业保险待遇

Chapter Three Unemployment Insurance Benefits

第十四条 具备下列条件的失业人员,可以领取失业保险金:

Article 14Qualifications for the unemployed who may receive unemployment insurance compensation are as follows:

(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;

a.have participated unemployment insurance, the unit to which they belong and they themselves have performed the obligation of paying premium not less than one year;

(二)非因本人意愿中断就业的;

b.have suspended employment undue to their own willingness;

(三)已办理失业登记,并有求职要求的。

c.have undergone unemployment registration and have requested new jobs.

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。

The unemployed are entitled to receive other unemployment insurance benefits during the period of receiving unemployment insurance compensation.

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:

Article 15 Where any one of the following circumstances occur during the period of receiving unemployment insurance compensation, the unemployed shall stop receiving unemployment insurance compensation and shall be deprived of other unemployment insurance benefits:

(一)重新就业的;

a.reemployment;

(二)应征服兵役的;

b.performance of military service;

(三)移居境外的;

c.emigration to foreign countries;

(四)享受基本养老保险待遇的;

d.enjoyment of basic pension benefits;

(五)被判刑收监执行或者被劳动教养的;

e.imprisonment and reeducation through labor;

(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;

f.refusal of reemployment recommend by departments and agencies designated by local people's governments without any rational reasons;

(七)有法律、行政法规规定的其他情形的。

g.other circumstances stipulated by laws and administrative regulations.

第十六条 城镇企业事业单位应当及时为失业人员出具终止或者解除劳动关系的证明,告知其按照规定享受失业保险待遇的权利,并将失业人员的名单自终止或者解除劳动关系之日起7日内报社会保险经办机构备案。

Article 16Enterprises and institutions in cities and towns shall promptly issue certificates of termination or dissolution of employment relation for the unemployed, inform persons concerned of the rights to enjoy unemployment insurance benefits and submit name lists of the unemployed to social insurance agencies for the record within 7 days of the termination and dissolution of the employment relation.

城镇企业事业单位职工失业后,应当持本单位为其出具的终止或者解除劳动关系的证明,及时到指定的社会保险经办机构办理失业登记。

After unemployment, staff and workers of enterprises and institutions in cities and towns shall undergo promptly registration with designated social insurance agencies on the basis of the certificates of termination and dissolution of employment relation issued by their work units.

失业保险金自办理失业登记之日起计算。

Unemployment insurance compensation is to be accounted from the day registration.

失业保险金由社会保险经办机构按月发放。

Unemployment insurance compensation is paid monthly by social insurance agencies.

社会保险经办机构为失业人员开具领取失业保险金的单证,失业人员凭单证到指定银行领取失业保险金。

Social insurance agencies shall issue documents to the unemployed on the basis of which they receive unemployment insurance compensation from designated bank.

第十七条 失业人员失业前所在单位和本人按照规定累计缴费时间满1年不足5年的,领取失业保险金的期限最长为12个月;

Article 17If the accumulative time period in which the units to which the unemployed belong before their unemployment and the unemployed themselves pay premiums is not less than one year but not more than five years, the maximum period of receiving unemployment insurance compensation is 12 months;

累计缴费时间满5年不足10年的,领取失业保险金的期限最长为18个月;

if the accumulative time period of paying premiums is not less than five years but not more than ten years, the maximum period of receiving unemployment insurance compensation is 18 months;

累计缴费时间10年以上的,领取失业保险金的期限最长为24个月。

 if the time period of paying premiums is not less than ten years, the maximum period of receiving unemployment insurance compensation is 24 months;

重新就业后,再次失业的,缴费时间重新计算,

if anyone is re-unemployed after reemployment, the time period of paying premiums shall be recalculated.

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。

The time period of receiving unemployment insurance compensation may be calculated together with the previous period in which he should have received but have not received unemployment insurance compensation, but the maximum time period may not be longer than 24 months.

第十八条 失业保险金的标准,按照低于当地最低工资标准、高于城市居民最低生活保障标准的水平,由省、自治区、直辖市人民政府确定。

Article 18 The standard for unemployment insurance compensation are to be set by people's governments of provinces, autonomous regions and municipalities directly under the Central Government at a level which is lower than the minimal local salary standard but higher than the minimal living security standard for urban residents.

第十九条 失业人员在领取失业保险金期间患病就医的,可以按照规定向社会保险经办机构申请领取医疗补助金。

Article 19 The unemployed who receive medical treatment during the period of receiving unemployment insurance compensation, may apply for medical subvention from social insurance agencies.

医疗补助金的标准由省、自治区、直辖市人民政府规定。

The standard for medical subvention is to be set by people's government of province, autonomous region or municipality directly under the Central Government.

第二十条 失业人员在领取失业保险金期间死亡的,参照当地对在职职工的规定,对其家属一次性发给丧葬补助金和抚恤金。

Article 20 If the unemployed die during the period of receiving unemployment insurance compensation, their family dependents are to be paid one-off funeral allowance and pension with reference to local regulations on employed staff and workers.

第二十一条 单位招用的农民合同制工人连续工作满1年,本单位并已缴纳失业保险费,劳动合同期满未续订或者提前解除劳动合同的,由社会保险经办机构根据其工作时间长短,对其支付一次性生活补助。

Article 21 If a contract-system farmer worker engaged by a unit has been working continuously for not less than one year, and the unit has paid unemployment insurance premium, where no contract is renewed when the employment contract is expired or the contract is terminated in advance, the social insurance agency shall pay one-off living subsidy to the farmer worker according to the length of his working period.

补助的办法和标准由省、自治区、直辖市人民政府规定。

Measures and standards for such subsidy are to be stipulated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

第二十二条 城镇企业事业单位成建制跨统筹地区转移,失业人员跨统筹地区流动的,失业保险关系随之转迁。

Article 22 If enterprises and institutions in cities and towns move as a whole from one area where overall planning is conducted to another one, or if the unemployed moves among area where overall planning is conducted, the social insurance credentials are to be moved together.

第二十三条 失业人员符合城市居民最低生活保障条件的,按照规定享受城市居民最低生活保障待遇。

Article 23If the unemployed are qualified for minimal living ensuring standard for urban residents, they are entitled to enjoy the benefit of the minimal living ensuring standard for urban residents.

第四章 管理和监督

Chapter Four Administration and Supervision

第二十四条 劳动保障行政部门管理失业保险工作,履行下列职责:

Article 24 In the administration of social insurance, the administrative department of labor security shall perform the following duties:

(一)贯彻实施失业保险法律、法规;

a.implement and enforce laws and regulations on unemployment insurance;

(二)指导社会保险经办机构的工作;

b.guide the work of social insurance agencies;

(三)对失业保险费的征收和失业保险待遇的支付进行监督检查。

c.conduct supervision and inspection on collection of unemployment insurance premium and payment of unemployment insurance compensation.

第二十五条 社会保险经办机构具体承办失业保险工作,履行下列职责:

Article 25 When undertaking concretely the work of social insurance, social insurance agencies shall perform the following duties:

(一)负责失业人员的登记、调查、统计;

a.being responsible for registration, investigation and statistics of the unemployed;

(二)按照规定负责失业保险基金的管理;

b.being responsible for administration of unemployment insurance funds according to provisions;

(三)按照规定核定失业保险待遇,开具失业人员在指定银行领取失业保险金和其他补助金的单证;

c.checking and determining unemployment insurance benefits, and issuing documents for the unemployed by which they receive unemployment insurance compensation and or other subsidies from designated banks;

(四)拨付失业人员职业培训、职业介绍补贴费用;

d.appropriating subsidiary fees for vocational training and job seeking for the unemployed;

(五)为失业人员提供免费咨询服务;

e.offering free consultation service to the unemployed;

(六)国家规定由其履行的其他职责。

f.other duties stipulated by the State to perform.

第二十六条 财政部门和审计部门依法对失业保险基金的收支、管理情况进行监督。

Article 26 Financial departments and auditing departments shall supervise the collection, payment and administration of unemployment insurance funds according to law.

第二十七条 社会保险经办机构所需经费列入预算,由财政拨付。

Article 27 Outlays for social insurance agencies shall be listed into budget and appropriated from government finance.

第五章 罚则

Chapter Five Penalty Provisions

第二十八条 不符合享受失业保险待遇条件,骗取失业保险金和其他失业保险待遇的,由社会保险经办机构责令退还;

Article 28 Where anyone disqualified for enjoying unemployment insurance benefits defrauds unemployment insurance compensation and other unemployment insurance benefits, the social insurance agency shall order them to be returned,

情节严重的,由劳动保障行政部门处骗取金额1倍以上3倍以下的罚款。

where the circumstances are serious, a fine of not less than one time but not more than three times the amount defrauded shall be imposed by administrative department of labor security.

第二十九条 社会保险经办机构工作人员违反规定向失业人员开具领取失业保险金或者享受其他失业保险待遇单证,致使失业保险基金损失的,由劳动保障行政部门责令追回;情节严重的,依法给予行政处分。

Article 29Where a functionary of a social insurance agency, in violation of provisions, issues documents for receiving unemployment insurance compensation or enjoying other unemployment insurance benefits for the unemployed, thus causing losses of unemployment insurance funds, the administrative department of labor security shall order them to be recovered; where the circumstances are serious, administrative sanctions shall be imposed according to law.

第三十条 劳动保障行政部门和社会保险经办机构的工作人员滥用职权、徇私舞弊、玩忽职守,造成失业保险基金损失的,由劳动保障行政部门追回损失的失业保险基金;

Article 30Where a functionary of the administrative department of labor security and the social insurance agency abuses his power, neglects his duties and practice favoritism, thus resulting in the losses of unemployment insurance funds, the administrative department of labor security shall recover the lost unemployment insurance funds;

构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。

if the violations constitute crimes, criminal liability shall be investigated according to law; if no crime is constituted, administrative sanctions shall be imposed according to law.

第三十一条 任何单位、个人挪用失业保险基金的,追回挪用的失业保险基金;

Article 31 If any unit or individual misappropriates unemployment insurance funds, the misappropriated fund shall be recovered;

有违法所得的,没收违法所得,并入失业保险基金;

if there is illegal income, such illegal income shall be confiscated and merged into unemployment insurance funds;

构成犯罪的,依法追究刑事责任;尚不构成犯罪的,对直接负责的主管人员和其他直接责任人员依法给予行政处分。

if the violations constitute crimes, criminal liability shall be investigated according to law; if no crime is constituted, administrative sanctions shall be imposed according to law upon the persons in charge who bear direct responsibility and other persons directly responsible.

第六章 附则

Chapter Six Supplementary Provisions

第三十二条 省、自治区、直辖市人民政府根据当地实际情况,可以决定本条例适用于本行政区域内的社会团体及其专职人员、民办非企业单位及其职工、有雇工的城镇个体工商户及其雇工。

Article 32 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government, according to the actual local situations, may determine whether these Regulations apply to social organizations and their full-time staff, private non-enterprise units and their staff and workers, or individual industrial and commercial businesses in cities and towns with employees that are located within their respective administrative areas.

第三十三条 本条例自发布之日起施行。1993年4月12日国务院发布的《国有企业职工待业保险规定》同时废止。

Article 33These Regulations take effect as of the date of promulgation. The Provisions on Unemployment Insurance of Staff and Workers in State-owned Enterprises, promulgated by the State Council on April 12th 1993, is annulled simultaneously.




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