Preface: The birth of a good article requires you to constantly collect data and sort out ideas. This website has collected a wealth of model articles on the subject of Guangdong Provincial Pension Insurance Regulations for you, which are only for reference. Welcome to read and collect them.
Part 1: Model Regulations of Guangdong Province on Endowment Insurance
As Bao'an District and Longgang District are administrative regions of Shenzhen City, they are not within the scope of Shenzhen Special Economic Zone; At the same time, Bao'an District and Longgang District belong to China and Guangdong Province The general administrative region of. However, the labor legislation of the state, Guangdong Province, Shenzhen City and Shenzhen Special Economic Zone has some conflicts, which leads to the problem of how to apply the labor laws, regulations and rules in Bao'an and Longgang Districts. When I was working on labor dispute cases between labor and management, I found that different arbitrators and judges applied different legal provisions and made different judgments on similar cases in Bao'an and Longgang districts. In this way, it will damage the unity and dignity of China's socialist legal system, make employers and workers confused and helpless about the law, and thus lose confidence in safeguarding rights according to law, which is not conducive to the development of law popularization activities for the whole people. In view of this, the author would like to talk about his own superficial views on the application of labor laws, regulations and rules in Bao'an and Longgang districts and the understanding of relevant laws and regulations. Maybe some of the author's views will cause people's attention and controversy. The author welcomes friends from all walks of life with different views to put forward valuable opinions and discuss them together, hoping to throw a brick to attract jade.
To apply the law correctly, it is necessary to clarify the level of effectiveness and scope of application of the law. The level of legal effectiveness refers to the hierarchical relationship of effectiveness between normative legal documents. The scope of application of law refers to the effect of law on people, matters, space and time. To apply the law correctly, it must be applied according to the level of effectiveness and scope of application of the law.
According to the provisions of the Legislative Law implemented on July 1, 2000, the main provisions on the level of effectiveness and scope of application of laws are as follows:
1. The Constitution has the highest legal effect; The effect of laws is higher than administrative regulations, local regulations and rules; The effect of administrative regulations is higher than that of local regulations and rules; The effectiveness of local regulations is higher than the rules of local governments at the same level and lower levels; The effectiveness of provincial government regulations is higher than that of the government regulations of the larger cities in the administrative region.
2. The regulations of the special economic zone shall apply to the special economic zone where the laws, administrative regulations and local regulations are modified according to the authorization; The Standing Committee of the National People's Congress shall make a ruling when the regulations formulated according to the authorization are inconsistent with the legal provisions and it is uncertain how to apply them.
3. Departmental rules, departmental rules and local government rules have the same effect and shall be implemented within their respective limits of authority; If the provisions on the same matter between departmental rules or between departmental rules and local government rules are inconsistent, the State Council shall make a ruling.
4. If the provisions of local regulations and departmental rules on the same matter are inconsistent and it is uncertain how to apply them, the State Council shall decide or submit them to the Standing Committee of the National People's Congress for adjudication.
5. The local regulations of larger cities shall not conflict with the Constitution, laws, administrative regulations and provincial local regulations.
6. The standing committee of the provincial people's congress, when reviewing the local regulations of a larger city submitted for approval, should make a decision to deal with those that contradict the rules of the government at the same level.
7. For laws, regulations and rules formulated by the same organ, special laws are superior to general laws, and new laws are superior to old laws.
8. If the new general provisions formulated by the same organ are inconsistent with the old special provisions, the enacting organ shall make a ruling.
9. Laws, regulations and rules are generally not retroactive, unless otherwise specified.
According to the provisions of the third paragraph of Article 63 and the second paragraph of the first paragraph of Article 86 of the Legislative Law, the effectiveness of local regulations is no longer necessarily higher than the rules of the superior government and department rules (previously, the effectiveness of local regulations must be higher than department rules and local government rules). According to the provisions of the Reply on the Application of the Regulations formulated by the Shenzhen Municipal People's Congress and its Standing Committee to the Issues within the Administrative Region of the City (hereinafter referred to as the Reply) issued by the General Office of the Standing Committee of the National People's Congress on December 27, 1995, the regulations formulated by the Shenzhen Municipal People's Congress and its Standing Committee are applicable to the administrative region of the city (including Bao'an and Longgang Districts) However, the provisions of the regulations on special policies granted by the state to special economic zones can only apply to the special economic zones they belong to. When the laws and regulations formulated by the Shenzhen Municipal People's Congress and its Standing Committee are implemented in Bao'an and Longgang Districts, which are not special economic zones, if they conflict with the laws and regulations formulated by the Guangdong Provincial People's Congress and its Standing Committee, the laws and regulations formulated by the Guangdong Provincial People's Congress and its Standing Committee shall apply. The Reply did not provide for the application of the regulations of Shenzhen Special Economic Zone in Bao'an and Longgang Districts. The author believes that Bao'an District and Longgang District can refer to the regulations of Shenzhen Special Economic Zone for matters not regulated by laws, administrative regulations, departmental rules, Guangdong Provincial regulations and government regulations. "Reference implementation" is different from "application". The so-called "reference implementation" refers to the implementation of the regulations of Shenzhen Special Zone only when there is no provision in laws, administrative regulations, departmental rules, Guangdong Provincial regulations and government rules on a certain matter. Otherwise, the provisions of laws, administrative regulations, departmental rules, Guangdong Provincial regulations and government rules shall apply.
The application and understanding of laws, regulations and rules are discussed in detail one by one.
1、 Laws, regulations and rules related to industrial injury insurance
Laws, regulations and rules related to industrial injury insurance include: Labor Law (law), Regulations of Shenzhen Special Economic Zone on Industrial Injury Insurance (special zone regulations) and its implementation rules (municipal government regulations), Regulations of Guangdong Province on Social Industrial Injury Insurance (provincial regulations) and its implementation rules (provincial government regulations), Trial Measures for Industrial Injury Insurance of Enterprise Employees (regulations of the Ministry of Labor). The Labor Law only makes mandatory and principled provisions on social insurance, but does not make operational provisions on the payment of social insurance premiums, the conditions and standards for workers to enjoy social insurance benefits, and other matters Local government regulations and other normative legal documents provide in detail (the following legal provisions on social insurance will not be repeated when the Labor Law is applied). At present, there is no uniform Regulations on Industrial Injury Insurance in the country, while local laws, departmental rules and local government rules have different provisions on the scope of application of industrial injury insurance, identification and scope of industrial injury insurance, payment ratio of industrial injury premiums, treatment level of industrial injury insurance, payment subject and method of industrial injury insurance benefits, etc. For example, when the same industrial accident has both commercial insurance compensation and civil compensation, can the three kinds of compensation or compensation have both? The provisions of the above legal documents are different. The Regulations of Shenzhen Special Economic Zone on Work related Injury Insurance stipulates that the benefits of work related injury insurance, commercial insurance compensation and civil compensation can all be obtained at the same time; The Regulations of Guangdong Province on Social Work related Injury Insurance stipulates that the benefits of other work related injury insurance shall be paid as usual, except that medical expenses and funeral expenses shall not be paid repeatedly; The Trial Measures for Industrial Injury Insurance for Enterprise Employees stipulates that only the difference below the treatment of industrial injury insurance shall be made up. Which regulation should apply to Bao'an and Longgang?
According to the provisions of the Reply, in case of conflict between the Regulations of Shenzhen Special Economic Zone on Work related Injury Insurance and the Regulations of Guangdong Province on Social Work related Injury Insurance, Bao'an District and Longgang District shall apply the provisions of the Regulations of Guangdong Province on Social Work related Injury Insurance. However, according to Item (2) of Paragraph 1 of Article 86 of the Legislative Law, "if the provisions of local regulations and departmental rules on the same matter are inconsistent and it is impossible to determine how to apply them, the State Council shall make a suggestion. If the State Council believes that local regulations should be applied, it shall decide to apply the provisions of local regulations in that place;"; If they think that departmental rules should be applied, they should be submitted to the Standing Committee of the National People's Congress for adjudication. When the Regulations of Guangdong Province on Social Work Injury Insurance and the Trial Measures for Industrial Injury Insurance for Enterprise Employees are inconsistent on the same matter, and it is uncertain how to apply them, Bao'an and Longgang should apply the Regulations of Guangdong Province on Social Work Injury Insurance, The provisions of the Trial Measures for Industrial Injury Insurance for Enterprise Employees shall also be applied, which shall be decided by the State Council or submitted by the State Council to the Standing Committee of the National People's Congress for adjudication. Some people may think that, according to the provisions of relevant laws in the past, the effectiveness of local regulations is certainly higher than
According to departmental regulations, Bao'an District and Longgang District should naturally apply the provisions of the Regulations of Guangdong Province on Social Work related Injury Insurance. However, from the perspective of the provisions of the Legislative Law, this is not the case. Of course, according to the principle of preferential application of local laws and regulations, Bao'an District and Longgang District also have to apply the provisions of the Regulations of Guangdong Province on Social Industrial Injury Insurance for matters not specified in the Trial Measures for Industrial Injury Insurance of Enterprise Employees.
According to the Regulations of Guangdong Province on Social Work related Injury Insurance, all enterprises, institutions, state organs, social organizations, and urban individual economic organizations within the administrative region of Guangdong Province must pay work related injury insurance premiums for their employees according to law, and no individual employee will pay work related injury insurance premiums. As far as the author knows, there are still many employers in Bao'an District and Longgang District who have not paid work-related injury insurance premiums for their employees or only paid work-related injury insurance premiums for some employees. The labor administrative department and the social security department shall order these employers to pay work-related injury insurance premiums for all employees according to law.
2、 About Elderly care Insurance laws, regulations and rules
As long as the laws, regulations and rules related to endowment insurance include: Labor Law, Decision of the State Council on Establishing a Unified Basic Endowment Insurance System for Enterprise Employees（
Regulatory documents), Social Pension for Enterprise Employees in Shenzhen Special Economic Zone Insurance Regulations 》(Special Zone Regulations), Regulations of Guangdong Province on Social Endowment Insurance (Provincial Regulations) and its implementation rules (Provincial Government Regulations). At present, the country has not yet formulated a unified Regulations on Endowment Insurance. The regulations and rules on endowment insurance in Guangdong Province and Shenzhen Special Economic Zone were formulated after the implementation of the Decision of the State Council on Establishing a Unified Basic Endowment Insurance System for Enterprise Employees (hereinafter referred to as the Decision), which is the embodiment of the Decision and is consistent with the provisions of the Decision. According to the provisions of the Reply, in Bao'an District and Longgang District, in case of conflict between the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees and the Regulations of Guangdong Province on Social Endowment Insurance, the provisions of the Regulations of Guangdong Province on Social Endowment Insurance shall apply. There are two most striking amendments to the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees amended on December 22, 2000. First, the Regulations of Shenzhen Special Economic Zone on Basic Endowment Insurance for Enterprise Employees before the amendment are applicable to the entire administrative region of Shenzhen (including Bao'an and Longgang Districts); The amended Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees is applicable to enterprises and their employees in Shenzhen Special Economic Zone, and Bao'an and Longgang Districts shall refer to it. Second, the amended Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees added that the time limit for arbitration of pension disputes was two years (the Regulations of Guangdong Province on Social Endowment Insurance did not provide for this). Before, labor dispute arbitration at all levels
The rulings of the Commission and the People's Court generally believe that social insurance is compulsory insurance and should not be subject to the limitation of 60 days of arbitration prescribed in Article 82 of the Labor Law, so most rulings require employers to pay years of pension insurance premiums.
If a dispute arises between an employer and a worker over social insurance matters, does one party's application for arbitration apply to the provisions of Article 82 of the Labor Law on the limitation of 60 days for arbitration? There are two views on this issue: one view is that the 60 day time limit for arbitration should be applied, because social insurance disputes belong to labor disputes, and when applying for arbitration due to labor disputes, the provisions of Article 82 of the Labor Law on the 60 day time limit for arbitration should be applied. One view is that the 60 day arbitration prescription should not be applied, because social insurance is compulsory insurance, and employers must handle it according to law, and should not
Limitation of time. The author agrees with the first view that the application for arbitration due to disputes over social insurance matters should be subject to the limitation of arbitration time The second paragraph of Article 46, "Employees should complain to the municipal social security institution and relevant departments within two years from the date when they know or should know that their rights have been infringed, or they can directly apply to the labor arbitration institution for arbitration", according to the provision that social insurance disputes should also be subject to the limitation of arbitration time, It is just the arbitration limitation and labor laws and regulations stipulated in this article
The time limit for arbitration is different. The author believes that, in order to protect the legitimate rights and interests of workers as vulnerable groups, it is possible for the laws and regulations of special economic zones to make adaptations to the laws according to the authorization. However, this provision does not apply to Bao'an District and Longgang District. Bao'an District and Longgang District shall be subject to the arbitration limitation specified in Article 82 of the Labor Law. In addition, the author believes that Article 82 of the Labor Law only stipulates the time limit for arbitration (including the time limit for litigation). In order to protect the legitimate rights and interests of workers as vulnerable groups, workers in Bao'an and Longgang Districts who complain to the social security department and labor department and are ordered by the social security department and labor department to make up social insurance premiums should not be subject to the Labor Law The limitation of the time limit for arbitration provided in Article 82.
According to the Regulations of Guangdong Province on Social Endowment Insurance, all enterprises, urban individual economic organizations and workers forming labor relations with them in the administrative region of Guangdong Province, as well as state organs, institutions, social organizations and workers establishing labor contract relations with them, must pay endowment insurance premiums according to law, The employer shall withhold and pay the endowment insurance premiums borne by the individual laborer. As far as the author knows, there are still quite a few employers in Bao'an District and Longgang District who have not handled pension insurance for their employees. The labor administrative department and the social security department shall order these employers to pay endowment insurance premiums for all employees according to law.
3、 Laws, regulations and rules on medical insurance
As long as the current medical insurance system for employees in China is still the free medical treatment and labor insurance medical system established in the early 1950s, the former Ministry of Labor put forward the Opinions on the Pilot Reform of the Medical Insurance System for Employees in October 1993, and carried out the reform of the medical insurance system in the pilot areas. The goal of the reform is to gradually establish a system compatible with the socialist market economy, A medical insurance system that covers all urban employees with a high degree of socialization and the medical insurance expenses are reasonably borne by the state, employers and employees. As an early pilot city of medical reform in our province, Shenzhen Municipal People's Government issued the Provisional Regulations of Shenzhen on Basic Medical Insurance (a normative document of the municipal government) in May 1996, establishing three different levels of medical insurance in the whole city: inpatient medical insurance, comprehensive medical insurance and special medical insurance, Employees and retirees with Shenzhen registered permanent residence have established individual accounts for basic medical insurance. According to the Interim Provisions of Shenzhen Municipality on Basic Medical Insurance, labor workers have not yet established personal accounts for basic medical insurance, and labor workers do not need to bear medical insurance premiums. In December 1998, the State Council issued the Decision on Establishing the Basic Medical Insurance System for Urban Employees (a regulatory document), which requires urban employees to
The employer and its employees should participate in the basic medical insurance. The basic medical insurance premium should be shared by both the employer and the employees. The basic medical insurance fund should be a combination of social pooling and individual accounts. The author believes that both Guangdong Province and Shenzhen City should, in accordance with the spirit of the Decision of the State Council on the Establishment of a Basic Medical Insurance System for Urban Employees, enact medical insurance legislation as soon as possible, stipulating that all urban employers and their employees should participate in basic medical insurance, and that the basic medical insurance premium should be shared by both employers and employees, The basic medical insurance fund combines social pooling with individual accounts. At present, the Decision of the State Council on Establishing the Basic Medical Insurance System for Urban Employees and the Interim Provisions of Shenzhen on Basic Medical Insurance are applicable to Bao'an and Longgang Districts.
According to the Interim Provisions of Shenzhen Municipality on Basic Medical Insurance, the provisions of basic medical insurance are applicable to all enterprises, state organs, public institutions, social organizations and their employees, retirees and unemployed persons during the period of receiving unemployment benefits in Shenzhen. As far as the author knows, there are still quite a few employers in Bao'an District and Longgang District who have not applied for medical insurance for their employees. The labor administrative department and the social security department shall order these employers to pay medical insurance premiums for all employees according to law.
4、 Laws, regulations and rules on unemployment insurance
As long as the laws, regulations and rules related to unemployment insurance include the Labor Law, the Regulations on Unemployment Insurance (administrative regulations), the Provisional Regulations of Guangdong Province on Unemployment Insurance for Employees (provincial government regulations), and the Regulations of Shenzhen Special Economic Zone on Unemployment Insurance (special zone regulations). Since the Regulations of Shenzhen Special Economic Zone on Unemployment Insurance was issued in November 1996, its contents have many conflicts with the Regulations of the State Council on Unemployment Insurance issued in January 1999, the biggest conflict is that the unemployed persons enjoying unemployment insurance benefits as stipulated in the Regulations of Shenzhen Special Economic Zone on Unemployment Insurance j are only limited to employees with permanent residence in the special economic zone, while the Regulations on Unemployment Insurance The unemployed who enjoy unemployment insurance benefits as stipulated have no restrictions on the conditions of residence registration. As long as the employees of urban enterprises and institutions enjoy unemployment insurance benefits according to law. The author believes that Shenzhen should amend the Regulations of Shenzhen Special Economic Zone on Unemployment Insurance as soon as possible according to the provisions of the Regulations on Unemployment Insurance. The People's Government of Guangdong Province has amended the Provisional Regulations of Guangdong Province on Unemployment Insurance for Employees in accordance with the Regulations on Unemployment Insurance. At present, the Unemployment Insurance Regulations and
The Provisional Regulations of Guangdong Province on Unemployment Insurance for Employees are applicable to Bao'an and Longgang Districts, while the Regulations of Shenzhen Special Economic Zone on Unemployment Insurance are not applicable to Bao'an and Longgang Districts. However, the Regulations on Unemployment Insurance and the Provisional Regulations of Guangdong Province on Unemployment Insurance for Employees have no provisions, while the Regulations of Shenzhen Special Economic Zone on Unemployment Insurance have provisions Longgang District and Longgang District can be implemented by reference.
According to the provisions of the Regulations on Unemployment Insurance and the Provisional Regulations of Guangdong Province on Unemployment Insurance for Employees, the provisions on unemployment insurance are applicable to all enterprises, institutions and their employees in cities and towns in China; The employer shall pay unemployment insurance premium at 2% of its total salary; Employees shall pay unemployment insurance premium at 1% of their salary; The farmer contract workers employed by the employers themselves do not pay unemployment insurance premiums. As far as the author knows, most employers in Bao'an District and Longgang District have not handled unemployment insurance for employees. The labor administrative department and the social security department shall order these employers to pay unemployment insurance premiums for all employees according to law.
5、 Laws, regulations and rules on maternity insurance
Current maternity insurance
The law stipulates that as long as it is the Trial Measures for Maternity Insurance of Enterprise Employees implemented on January 1, 1995 by the former Ministry of Labor. As the Trial Measures for Maternity Insurance of Enterprise Employees only stipulates in principle for female maternity insurance, and does not stipulate the proportion of maternity insurance premiums paid by employers, Guangdong Province and Shenzhen City have not formulated and implemented measures in accordance with the provisions of the Trial Measures for Maternity Insurance of Enterprise Employees, which is difficult to operate in practice. It can be said that in Guangdong Province and Shenzhen City, Maternity insurance legislation is still a blank. At present, in Guangdong Province and Shenzhen City, the protection of maternity benefits for female employees is based on the Regulations on Labor Protection of Female Employees (administrative regulations), the Regulations of Guangdong Province on Family Planning (provincial regulations), the Implementation Measures of Guangdong Province on Labor Protection of Female Employees (provincial regulatory documents), and the Measures of Shenzhen Special Economic Zone on Family Planning Management (regulations of the Special Economic Zone). These laws and regulations are applicable to Bao'an District and Longgang District except that the Measures for the Administration of Family Planning in Shenzhen Special Economic Zone are not applicable to Bao'an District and Longgang District (but can be implemented by reference). We believe that the country, Guangdong Province and Shenzhen City should legislate maternity insurance as soon as possible.
6、 Laws, regulations and rules on economic compensation
Here, the author mainly talks about whether the employer should pay economic compensation (or living allowance) to employees according to their length of service in Bao'an and Longgang districts when the labor contract expires. The Labor Law does not stipulate whether the employer should pay economic compensation (or living allowance) to employees according to their length of service when the labor contract expires. The Regulations of Shenzhen Special Economic Zone on Labor Contracts (regulations of the Special Economic Zone) and Shenzhen Economic Zone
The Regulations of Jite District on Laborers (regulations of the Special Zone) also does not make relevant provisions. However, Article 38 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (a departmental rule, hereinafter referred to as the Opinions) stipulates that the labor contract shall terminate upon the expiration of the labor contract or the occurrence of the conditions for termination of the labor contract agreed by the parties, and the employer may not pay economic compensation to the worker; If the state has other provisions, such provisions may be followed. However, Article 17 of the Regulations on the Recruitment of Peasant Contract Workers by Enterprises Owned by the Whole People (administrative regulations), Article 29 of the Regulations on the Administration of Labor Contracts in Guangdong Province (rules), and Article 21 of the Regulations on the Administration of Labor in Foreign funded Enterprises in Guangdong Province (rules) stipulate that employers should still pay economic compensation (or living allowance) to employees at the age of 32t_ upon the expiration of their labor contracts. Which legal provisions should be applied in Bao'an and Longgang? Does the employee still enjoy economic compensation when the labor contract expires?
According to the provision of the second paragraph of Article 79 of the Legislative Law that "the effectiveness of administrative regulations is higher than local laws and regulations", the Provisions on the Recruitment of Peasant Contract Workers by Enterprises Owned by the Whole People belongs to administrative regulations, and its effectiveness is higher than the rules of the Ministry of Labor. We believe that the labor contracts of peasant contract workers recruited by enterprises owned by the whole people expire, It still enjoys economic compensation. According to Article 82 of the Legislative Law, "departmental rules and local government rules have the same effect and shall be implemented within their respective limits of authority" and Article 86, paragraph 1 (3), "In case of any inconsistency between departmental rules and regulations or between departmental rules and local government rules on the same matter, the State Council shall make a ruling" The author believes that in Bao'an and Longgang Districts, which are not special economic zones, the arbitrators and judges cannot freely decide whether other employees, except the farmers' contract workers recruited by enterprises owned by the whole people, enjoy economic compensation when their labor contracts expire. If some arbitrators and judges apply the provisions of the labor regulations of Guangdong Province and award the termination of the labor contract upon expiration, they shall pay economic compensation to the employees; However, some arbitrators and judges apply the provisions of the regulations of the Ministry of Labor, ruling that the labor contract will be terminated upon expiration, and no economic compensation will be given to employees; Then it will damage the unity and dignity of our socialist legal system. We believe that the correct approach is to report the situation to the Ministry of Labor and Social Security by the provincial and municipal labor administrative departments in accordance with Article 99 of the Opinions of the former Ministry of Labor and Article 15 of the Regulations on the Filing of Regulations and Rules of the State Council, and the Ministry of Labor and Social Security will report the situation to the Legislative Affairs Bureau of the State Council for coordination; If no consensus can be reached after coordination, the Legislative Affairs Bureau of the State Council shall put forward handling suggestions and submit them to the State Council for adjudication, and notify the enacting organ.
In the process of labor dispute cases, the author found that Shenzhen labor dispute arbitration committees and people's courts at all levels generally apply the provisions of the Opinions of the former Ministry of Labor, and do not support employees who have expired their labor contracts to request employers to pay economic compensation. According to the actual situation of labor employment at present, in order to avoid employers evading economic compensation for employees, and in consideration of the "compensation" nature of economic compensation, the author believes that the provisions of the Regulations on the Administration of Labor Contracts in Guangdong Province and the Regulations on the Administration of Labor in Foreign funded Enterprises in Guangdong Province on the payment of economic compensation to employees after the expiration of labor contracts are more suitable
It is reasonable, but the stipulation in the Opinion of the former Ministry of Labor that the employer may not pay economic compensation to employees when the labor contract expires is relatively unreasonable. For example, an employee with a monthly salary of thousands of yuan who has worked in an employer for nine years has not signed a labor contract with the employer because of the employer. If the employer wants to terminate the labor relationship with the employee, the employer should give the employee tens of thousands of yuan of economic compensation according to law; If the employer wants to avoid the economic compensation for the employee, it will sign a labor contract with the employee for one year or several months, and terminate the labor contract relationship with the employee after the expiration of the labor contract, according to the provisions of Article 38 of the Opinions of the former Ministry of Labor, no economic compensation is required for the employee. However, if the employer terminates the labor contract with the employee one day or even an hour or half before the expiration of the contract, it will also give the employee tens of thousands of yuan of economic compensation. It can be seen that it is quite unreasonable to decide whether to give economic compensation to employees only according to whether the labor contract expires or not, regardless of the length of service of workers. As long as the nature of economic compensation is "compensation", the employee has worked in an employer for many years and has contributed years of youth to the employer. The employer should give corresponding economic compensation according to the length of service. We believe that it is more reasonable for employers to still pay economic compensation to employees after the expiration of labor contracts as stipulated in the Regulations of Guangdong Province on Labor Contract Management and the Regulations of Guangdong Province on Labor Management of Foreign funded Enterprises. In Bao'an District and Longgang District, which are not special economic zones, the Shenzhen Municipal Labor Dispute Arbitration Commission and the People's Court generally apply the provisions of the Opinions of the former Ministry of Labor (not applicable to the provisions of Guangdong Province's labor regulations), and the ruling does not support employees whose labor contracts have expired
The practice of requesting employers to pay economic compensation is open to discussion, regardless of the situation, reason and law.
In the process of labor dispute cases, the author also noticed that in Shenzhen, when calculating economic compensation, labor dispute arbitration committees and people's courts at all levels generally did not support workers' requests to count overtime wages as wages. According to Article 53 of the Opinions of the former Ministry of Labor and Article 4 of the Regulations on the Composition of Total Wages issued by the National Bureau of Statistics, "wages" in the Labor Law refers to the labor remuneration directly paid by the employer to its employees in monetary form in accordance with relevant national regulations or the provisions of the labor contract, generally including hourly wages, piece rate wages, bonuses, allowances and subsidies Extended working hours
Wages and remunerations between and paid under special circumstances. We believe that the salary for calculating economic compensation should include the salary for overtime.
7、 Laws, regulations and rules on salary payment
Here, we will mainly talk about the application of the legal provisions and relevant legal provisions on how to compensate or compensate workers' losses in Bao'an and Longgang when employers pay workers wages that are lower than the minimum wage standard in Shenzhen, withhold or default workers' wages, or refuse to pay workers' overtime wages. The laws, regulations and rules in this regard mainly include: Labor Law, Regulations on Minimum Wage of Enterprises (the former regulations of the Ministry of Labor), Economic Compensation Measures for Violation and Cancellation of Labor Contracts (the former regulations of the Ministry of Labor), Regulations on the Protection of Labor Rights and Interests of Enterprise Employees in Guangdong Province (provincial regulations), Regulations on Labor Management of Foreign invested Enterprises in Guangdong Province (the regulations of the provincial government) Regulations of Shenzhen Special Economic Zone on Labor Workers (Special Economic Zone Regulations), Regulations of Shenzhen Special Economic Zone on Minimum Wages (Special Economic Zone Regulations), and these regulations and rules on how to compensate or compensate workers' losses when employers pay workers wages that are lower than the minimum wage standard of Shenzhen, withhold or default workers' wages, or refuse to pay workers' overtime wages, However, there are different provisions. Which legal provisions should be applied in Bao'an District and Longgang District?
First, we will talk about the legal provisions on how to compensate or compensate workers for their losses when the employer pays workers less than the minimum wage standard in Shenzhen.
Article 27 of the Regulations on Enterprise Minimum Wage issued by the former Ministry of Labor stipulates that, in addition to making up the wages that are lower than the standard, 20% of the wages owed shall be paid to workers who owe less than one month; Pay 50% of the wages owed to the laborer if it is less than 3 months overdue;
100% compensation shall be paid to the laborer for unpaid wages for more than 3 months. Article 15 of the Regulations of Guangdong Province on the Protection of the Labor Rights and Interests of Enterprise Employees, Article 36 of the Regulations of Shenzhen Special Economic Zone on Labor Workers, and Article 20 of the Regulations of Shenzhen Special Economic Zone on Minimum Wages stipulate that while making up the part below the standard, workers should be compensated or compensated at 1% of the total amount of the part below the standard every day.
It can be seen from the above provisions that local regulations and departmental rules are not consistent on how to compensate or compensate workers' losses when the wages paid by employers are lower than the minimum wage standard of Shenzhen. The author believes that according to the provisions of the second paragraph of Article 81 of the Legislative Law, there is no dispute about the application of the Regulations of Shenzhen Special Economic Zone on Labor Workers and the Regulations of Shenzhen Special Economic Zone on Minimum Wages in Shenzhen Special Economic Zone; However, it is worth discussing which legal provisions should be applied in Bao'an Longgang District, which is not a special economic zone. The author believes that whether Bao'an District and Longgang District, which are not special economic zones, should be governed by the law or should be decided by the State Council or submitted by the State Council to the Standing Committee of the National People's Congress for adjudication in accordance with the provisions of Paragraph 1 (2) of Article 86 of the Legislative Law.
Then talk about the legal provisions on how to compensate or compensate workers' losses when employers withhold or default workers' wages and refuse to pay workers' overtime wages.
According to Article 3 of the Measures for Economic Compensation for Violation and Cancellation of Labor Contracts and Article 37 of the Regulations of Shenzhen Special Economic Zone on Labor Workers, if an employer embezzles or delays the payment of workers' wages without reason, and refuses to pay workers' wages for extended working hours, in addition to paying workers' wages in full within the specified time, An additional economic compensation equal to 25% of the salary shall be paid. Article 14 of the Regulations of Guangdong Province on the Protection of the Labor Rights and Interests of Enterprise Employees and Article 23 of the Regulations of Guangdong Province on the Labor Management of Foreign funded Enterprises stipulate that if an employer delays or fails to pay workers' wages in full, in addition to paying workers' wages and salaries in full within the specified time, from the sixth day after the expiration of the specified time, The economic losses of workers shall be compensated at 1% of the unpaid wages every day.
It can be seen from the above provisions that there is a conflict between the laws and regulations of Shenzhen City and those of Guangdong Province, and between the laws and regulations of Guangdong Province and those of the Ministry of Labor. Which laws and regulations should be applied in Bao'an and Longgang? According to the provisions of the Reply, the provisions of the Provisions of Guangdong Province on the Protection of the Labor Rights and Interests of Enterprise Employees should be applied in Bao'an and Longgang districts, but according to the provisions of Item (2) of Paragraph 1 of Article 86 of the Legislative Law, the provisions of the Provisions of Guangdong Province on the Protection of the Labor Rights and Interests of Enterprise Employees should be applied in Bao'an and Longgang districts, The provisions of the Measures for Economic Compensation for Violation and Cancellation of Labor Contracts shall still apply, and the State Council shall decide or submit it to the Standing Committee of the National People's Congress for adjudication. As far as the author knows, the Shenzhen Municipal Labor Dispute Arbitration Commission and the People's Court at all levels generally apply the provisions of Guangdong Province and Shenzhen City to disputes over how to compensate or compensate workers' losses when employers pay workers wages lower than the minimum wage standard of Shenzhen City; And withhold or delay labor for no reason from the employer
The provisions of the regulations of the Ministry of Labor are also generally applicable to the dispute cases concerning the wages of the workers who have moved, and the dispute cases concerning the refusal to pay the wages of the workers for the extended working hours. The author believes that whether the labor dispute arbitration commission and the people's court can apply the law like this is a serious and debatable issue. If the labor dispute arbitration commission and the people's court can apply the law in this way, won't the provisions of sub paragraphs (2) and (3) of the first paragraph of Article 86 of the Legislative Law become invalid? What laws and regulations that have not been applied for a long time (such as the provisions of Guangdong Provincial Labor Regulations that employees still enjoy economic compensation when their labor contracts expire) have also become obsolete?
Part 2: Model Regulations of Guangdong Province on Endowment Insurance
In accordance with the spirit of the Decision of the Provincial Party Committee and the Provincial Government on Striving to Be the Pioneer of the Practice of the Scientific Outlook on Development (YF [*] No. 5), and in combination with the actual situation of our province, in order to further improve the industrial injury insurance system and enhance the protection function of industrial injury insurance, we hereby notify you of the following issues, and please implement them.
1、 Properly solve the problem of occupational injury treatment for the old injured
（1） The scope of the old work-related injuries and the treatment items included in the work-related injury insurance fund.
1. As of November 1, (the implementation date of the Regulations of Guangdong Province on Social Work related Injury Insurance), state-owned or collectively owned enterprises that have participated in the work related injury insurance of Guangdong Province in accordance with the Regulations of Guangdong Province on Social Work related Injury Insurance for Enterprise Employees (YF [*] No. 9), before their participation in the processing injury insurance, the enterprise's workers with work-related injury who meet one of the following conditions, For the purpose of this notice, "old work-related injuries":
(1) Employees who died due to work;
(2) Employees who are still in the original unit due to work injury or occupational disease;
(3) Employees who have been retired (including those who have been socialized) due to work-related injuries or occupational diseases and have received pensions in our province.
2. The medical expenses, industrial injury rehabilitation expenses, living care expenses and pension for the dependents of the workers who died after October 1 of the above old injured workers will be paid from the industrial injury insurance fund of the overall planning area in accordance with the scope and standards specified in the Regulations on Industrial Injury Insurance and the Regulations on Industrial Injury Insurance of Guangdong Province.
3. The specific handling procedures and methods shall be formulated by each coordinating region in combination with local conditions.
（2） The enterprise units that used to carry out the industrial overall management of industrial injury insurance and participated in the industrial injury insurance in the areas under the overall planning of Guangdong Province in accordance with the Regulations on Industrial Injury Insurance and the Regulations on Industrial Injury Insurance of Guangdong Province, the employees who suffered from industrial injury before their overall participation in the insurance will be included in the payment scope of the industrial injury insurance fund from the date of their overall participation in the insurance.
2、 Clarify the identification and payment methods of occupational disease patients
（1） If the occupational disease occurrence unit (i.e. the employer specified in the occupational disease diagnosis certificate or occupational disease diagnosis appraisal certificate obtained according to law) belongs to the administrative region of Guangdong Province, the employee who has been diagnosed and identified as suffering from an occupational disease within two years after leaving the occupational disease occurrence unit applies for work-related injury identification within one year after being diagnosed and identified as an occupational disease, The administrative department of labor and social security shall accept and make a determination of work-related injury.
（2） If an employee is identified as work-related injury according to the situation in Item (1) of this article, and if the unit where the occupational disease occurs has paid the work-related injury insurance premium for the employee before he leaves his post, the work-related injury insurance fund shall pay the relevant treatment fees specified in the Regulations on Work related Injury Insurance and the Regulations on Work related Injury Insurance of Guangdong Province.
If an employee is identified as work-related injury in accordance with Item (1) of this Article, and if the unit where the occupational disease occurs fails to pay the work-related injury insurance premium for the employee during his/her employment, the employer shall pay the employee according to the work-related injury insurance treatment items and standards specified in the Regulations on Work related Injury Insurance and the Regulations on Work related Injury Insurance of Guangdong Province.
3、 One time death allowance shall be uniformly calculated and paid according to the upper limit. The calculation and payment standard of one-time work death subsidy shall be uniformly in accordance with the upper limit specified in the Regulations on Work Injury Insurance and the Regulations on Work Injury Insurance of Guangdong Province, that is, the average monthly salary of employees on duty in the last year in the 60 month coordinated area. All localities shall complete the adjustment before the end of October, and the implementation shall be reported to the Provincial Labor and Social Security Department for filing.
4、 Implement the system of industry differential rate and unit floating rate. All localities should formulate specific implementation measures for industrial differential rate and unit floating rate of industrial injury insurance, regularly adjust the payment rate of employers, and promote enterprises to do a good job in industrial injury prevention.
5、 Widen the scope of use of industrial injury prevention costs. In addition to the use of safety production rewards and industrial injury insurance publicity, education and training, the industrial injury prevention fees are allowed to be used to subsidize the occupational health examination of workers engaged in occupational disease inductive operations, the assessment of industrial accidents and occupational disease inductive risks of enterprises and other projects, so as to promote the development of industrial injury prevention.
Part 3: Model Regulations of Guangdong Province on Endowment Insurance
Labor and social security work is related to the vital interests of the broad masses of the people, economic development and social stability. In recent years, the labor and social security departments at all levels in Guangdong Province have conscientiously implemented the important thought of "Three Represents", attached themselves to the people, strengthened their sense of purpose and service concept, firmly established the thought of "people first", worried about the people, solved their worries, and wholeheartedly did practical things and good deeds for the people, and worked hard to solve some hot and difficult issues that the people care about, Build safe harbors for the masses in employment and reemployment, social security and the protection of legitimate rights and interests, so that the masses of the people can fully enjoy the fruitful results of social development in the tide of economic reform.
Paving the Road to People's Livelihood -- Effectively solving the problem of difficult employment for the masses
Employment is the foundation of people's livelihood. Increasing employment and improving people's livelihood is an important part of solving the production and living problems of people in difficulty.
As a major economic province, Guangdong has a fast economic growth rate and relatively abundant jobs available. However, due to the fact that a large number of productive and technical jobs are not suitable for laid-off and unemployed people, the pressure on reemployment has further increased, which has increasingly made employment and reemployment a hot and difficult issue of concern to the general public in recent years, It has become the most prominent problem in the production and life of people in difficulty. Therefore, solving the reemployment problem of the laid-off and unemployed, especially the "4050" (women over 40 years old and men over 50 years old) groups with employment difficulties, and making efforts to pave the way for the people with employment and reemployment, has become the top priority of Party committees and governments at all levels and labor and social security departments.
In recent years, the labor and social security departments at all levels in Guangdong Province have conscientiously implemented the reemployment work guidelines and work plans determined by the CPC Central Committee, the State Council, the provincial party committee and the provincial government, and actively promoted various reemployment work. In particular, since the National Re employment Work Conference last September, labor and social security departments at all levels have further increased their efforts in re employment. Starting with building a platform for re employment support policies, they actively coordinate with relevant departments, and have successively issued more than 20 re employment support policies to strive for financial support. This year, the provincial, municipal, and county governments have budgeted 1.009 billion yuan for re employment funds, It has laid a solid policy and financial foundation for the re employment of laid-off and unemployed people. In view of the characteristics of the laid-off and unemployed, the labor and social security departments at all levels continue to strengthen public employment services, improve service functions, vigorously promote the construction of the labor market, and actively provide the laid-off and unemployed with "one-stop" and "one-stop" services such as unemployment registration, employment information, career introduction, career guidance, file trusteeship, training and declaration. Employment service institutions such as local labor markets adhere to the standard of "quality service, fine style and beautiful environment", implement the service purpose of "serving the people and contributing to the society", constantly improve the working environment of the masses, improve the service level and strive to create a civilized window. At the same time, we will further improve the re employment assistance system, implement the post assistance and service commitment system for "4050" personnel, provide "one helping one" tracking service, and always keep the service target in mind and in mind, and implement the service measures. In the first half of this year, labor and social security departments at all levels in the province provided 240800 person times of job referral services for laid-off and unemployed people, trained 188300 laid-off and unemployed people, and the reemployment rate after training reached 67%. By the end of July, a total of 52500 "4050" people had been resettled.
In view of the characteristics of the vocational skills of laid-off and unemployed people, the labor and social security departments at all levels focus on the development of public welfare posts suitable for the employment of laid-off and unemployed people, especially the development of public welfare posts in government investment projects, government franchising projects, municipal and community public management service projects and financial allocation units, and also through the development of labor dispatch Provide community employment subsidies and other measures to actively develop community service jobs for the placement of laid-off and unemployed people. In the first half year of Guangzhou alone, 46000 laid-off workers and urban unemployed people were re employed in community posts, of which 28000 were funded by the government. At the same time, the provincial party committee and the provincial government also allocated 50 million yuan to encourage private enterprises to absorb laid-off and unemployed people, and achieved initial results. In the first half of the year, private enterprises and self-employed households in the province absorbed more than 70000 laid-off and unemployed people, accounting for 40% of the re employed. In order to solve the employment problem of children from poor rural families, under the leadership of the provincial party committee and the provincial government, labor and social security departments at all levels also carried out in-depth intellectual poverty alleviation projects in the province. For four consecutive years from 2002 to 2005, the provincial government allocated 210 million yuan annually to recruit 5000 children from poor families with an annual per capita net income of less than 1500 yuan in rural areas to receive technical education. Through the training of technical schools, "one person is trained, one person is employed, and one family is out of poverty". 5000 children from poor families enrolled in 2002 are receiving formal technical education in 42 technical schools across the province. The enrollment work in 2003 is also ongoing. This poverty alleviation method with Guangdong characteristics is highly praised by all sectors of society, and is known as the "popular project" of poverty alleviation by the masses.
The road to employment and people's livelihood has stabilized the employment situation in Guangdong Province. According to statistics, by the end of June of this year, the province had a net increase of 380000 jobs, and 176000 laid-off and unemployed people from state-owned enterprises had been re employed.
From January to June, 311000 registered urban unemployed people were resettled in the province, and the registered urban unemployment rate at the end of June was 3 0%, down 0.1 percentage point from the end of last year.
Weave safety net - provide the elderly with security, make up for the lost, and provide medical care for the sick
Social security is a hot issue that people pay most attention to in the process of deepening economic reform. Improving the social security system is related to the national destiny and the people's livelihood, and it is a fundamental solution to help the disadvantaged groups get rid of difficulties.
In the past two years, under the leadership of the provincial party committee and the provincial government, the labor and social security departments at all levels in Guangdong Province have continuously improved the social security system, weaving a safety net for the masses of the people that "the elderly have a sense of security, the lost have a sense of compensation, and the sick have a sense of care".
——We will resolutely implement the "two guarantees".
The labor and social security departments at all levels implement the "two guarantees" (to ensure that the basic living expenses of laid-off workers in state-owned enterprises are paid in full and on time, and to ensure that the pensions of enterprise retirees are paid in full and on time) without leaving any dead end. In 2002, the province raised and distributed 115 million yuan of basic living security funds for laid-off workers, which effectively guaranteed the basic living of laid-off workers who had signed agreements with the center. All laid-off workers who signed agreements with the center received basic living expenses in full. As early as the end of October 2000, Guangdong Province realized 100% socialized payment of pensions for retirees (excluding land reclamation). In the first half of this year, the pension of 64300 retirees from land reclamation enterprises in the province has also been socialized. Enterprise retirees across the province can receive pensions in full and on time, and there is no arrears in the current period and the cumulative amount. In addition, we will continue to raise economic compensation through various channels, straighten out the labor relations of laid-off workers, and basically realize the integration of basic living security for laid-off workers in state-owned enterprises with unemployment insurance. If the employees who have terminated their labor relations meet the minimum living security conditions, they shall be included in the minimum living security.
——We will continue to expand social insurance coverage.
Labor and social security departments at all levels vigorously promote the expansion of social insurance, actively expand the coverage of social insurance, and let more workers be included in the social insurance "safety net". By the end of June 2003, the number of people participating in enterprise endowment insurance, unemployment insurance, medical insurance, work-related injury insurance and maternity insurance in the province had reached 11.0695 million, 8.9196 million, 7.8055 million, 10.7439 million and 3.9812 million respectively. The number of people participating in old-age insurance, unemployment insurance, medical insurance and work-related injury insurance all ranked first in the country, accounting for 10.9%, 8.9%, 7.7% and 24.4% of the country respectively—— We will adjust and improve policies for old-age and unemployment insurance, and work hard to solve problems that are strongly reflected by the masses.
We will increase pension benefits for enterprise retirees. The first is to properly adjust the basic pension. In 2002 and 2003, Guangdong Province adjusted the enterprise pension. In 2002, the average pension level of enterprises across the province reached 656 yuan/month, an increase of 88 yuan or 15.5% over 2001. This year's normal adjustment is being implemented. On the basis of the adjustment of the basic pension standard, in October 2002, the pension benefits were again increased for retired old workers who participated in revolutionary work before the founding of the People's Republic of China and retired old cadres who participated in work before 1953 (including military cadres).
Measures have been introduced for the transfer of social insurance relations between employees and enterprises.
The social insurance relationship can be smoothly transferred when employees move between government agencies, institutions and enterprises, so that the social security rights and interests of employees can be effectively protected.
We have properly solved the problem of participating in local endowment insurance for land reclamation and overseas Chinese farms. In 2003, Guangdong Province fully incorporated the pension insurance for employees of overseas Chinese farms and land reclamation enterprises into the local overall plan through the way that the provincial and municipal finance supplemented the pension insurance for employees of overseas Chinese farms into the local overall plan as a one-time insurance premium and that the provincial social security, provincial finance and provincial land reclamation bear one third of the pension gap of retired employees of the land reclamation system respectively.
It has better solved the pension insurance problem of scientific research transformation units. After full coordination and taking into account the interests of all parties, we issued a document in January this year. While fully guaranteeing the pension benefits of retirees before the transformation, we clarified the specific methods for the future insurance and payment of employees of scientific research transformation units, and eliminated the worries of employees of scientific research transformation units.
The Regulations of Guangdong Province on Unemployment Insurance was promulgated. In July 2002, the Provincial People's Congress promulgated the Regulations of Guangdong Province on Unemployment Insurance, which upgraded the regulations to local regulations through legislation. In combination with the objective reality of the common development of various economic sectors and the gradual narrowing of the gap between urban and rural areas in Guangdong Province, the Regulations expand the coverage of unemployment insurance to all enterprises and institutions in the administrative region of Guangdong Province, so that more workers can be protected when encountering unemployment risks.
——Deepen the reform of the medical insurance system, and effectively solve the problem of "difficult access to medical services" for people in need.
In recent years, the labor and social security departments at all levels in Guangdong Province have vigorously promoted the reform of the medical insurance system in order to effectively solve the problem of "difficulty in seeing a doctor" for people in need. By the end of June this year, 21 cities above prefecture level had implemented the basic medical insurance system, and the number of insured people reached 7805500. At the same time, local governments have constantly improved policies and taken effective measures to help the disadvantaged groups to participate in basic medical insurance. For example, for the retirees of bankrupt, closed down and property right transfer enterprises, the enterprises are required to pay the transitional basic medical insurance in a lump sum. For enterprises in difficulty, it is allowed to participate in serious illness hospitalization insurance at a lower rate, and give appropriate care to the retirees. In order to adapt to the current situation of the increasing number of flexible employees in Guangdong Province, and fully guarantee the basic medical needs of flexible employees, local labor and social security departments have gradually included flexible employees into the basic medical insurance coverage, focusing on the continuation of the insurance relationship for laid-off and unemployed people from state-owned enterprises. Take active measures to help them participate in insurance and facilitate their participation.
During the SARS prevention and control period this year, the labor and social security departments at all levels actively took measures to give full play to the role of medical insurance, so as to ensure that SARS patients and suspected patients who participated in basic medical insurance can receive timely diagnosis and treatment. According to statistics, among the SARS patients in Guangdong Province this year, 243 were covered by basic medical insurance, 11 were suspected, 221 were cured and discharged, and 18 died. The total medical expense was 5.7818 million yuan, which effectively played the role of medical insurance in the fight against SARS and further expanded the impact of social insurance.
Be a good patron saint - vigorously safeguard the legitimate rights and interests of workers
In recent years, safeguarding the legitimate rights and interests of the majority of workers, especially migrant workers, has become a hot issue of social and public concern. The labor and social security departments at all levels in Guangdong Province, from the perspective of safeguarding the fundamental interests of the masses, from the strategic height of ensuring social stability and long-term stability of the country, continue to increase efforts to safeguard the legitimate rights and interests of workers, and vigorously implement the project of protecting the rights and interests of workers, so that the majority of workers deeply feel that the labor and social security departments are the guardians of their legitimate rights and interests.
——We will continue to improve the system for preventing and handling cases of wage arrears, and strictly investigate and deal with violations of labor security laws. Guangdong Province has summarized and popularized the experience and practice of Nanhai District, Foshan City in using information systems to strengthen wage payment monitoring, established enterprise wage monitoring systems in 8 cities in the Pearl River Delta, and is ready to fully implement them in the whole province. At the same time, labor and social security departments at all levels vigorously investigated and dealt with labor and social security violations such as wage arrears by enterprises through routine inspection and special law enforcement inspections. According to statistics, in 2002, the provincial labor and social security supervision institutions at all levels actively inspected 108400 employers, involving 8.69 million workers. A total of 12558 cases of enterprises' arrears of wages were investigated and handled, and RMB 590 million of arrears of wages were recovered for 856000 workers.
Among them, 9573 cases of nonpublic enterprises defaulting on wages involved 689000 workers, amounting to 470 million yuan. In the first half of this year, 250 million yuan in arrears of wages was recovered for workers. The province also carried out a number of special law enforcement and inspection activities such as the law enforcement inspection on the prohibition of child labor, the inspection on the protection of women's rights and interests, and the inspection on the protection of the legitimate rights and interests of migrant workers, effectively safeguarding the legitimate rights and interests of workers. In addition, various labor security emergencies were properly handled in a timely manner throughout the country, effectively maintaining social stability.
——Timely conclude a large number of labor dispute cases and safeguard the legitimate rights and interests of people in difficulty. A tripartite coordination meeting system of labor relations consisting of labor and social security departments, the Federation of Trade Unions, and the Entrepreneur Association has been widely established in Guangdong Province to conduct consultation and research on major issues and policies of labor relations. At the same time, we have actively promoted the substantiation of labor arbitration and the compliance of the arbitration tribunal. Arbitration institutions have been established at the provincial, municipal and county levels, and independent arbitration institutions have been established in developed regions from cities to counties (districts) and towns. In 2002, Guangdong provincial labor arbitration institutions at all levels handled 25000 labor dispute cases, involving 133000 workers, involving 740 million yuan as the object of the case, with a settlement rate of more than 96%. Measures such as reducing, postponing or exempting arbitration fees will be taken for workers in difficulty, and people in difficulty will be actively helped to safeguard their legitimate rights and interests through labor dispute arbitration.
Part 4: Model Articles of Guangdong Provincial Endowment Insurance Regulations
Key words: equity and efficiency value orientation of pension insurance
1 Preface
1.1 Origin of the problem
Since 2004, migrant workers' "surrender tide" has broken out in the Pearl River Delta and Yangtze River Delta, where a large number of migrant workers have poured in. According to statistics, 1.05 million people in Dongguan City, Guangdong Province participated in the basic endowment insurance for employees in 2004, 400000 people withdrew from the insurance in the whole year, and 600000 people withdrew from the insurance in 2007; In 2007, the total number of migrant workers who had participated in basic pension insurance in Shenzhen was 4.9397 million, and the number of retirees reached 830000, accounting for 16.8% of the number of migrant workers who participated in the insurance. By the end of 2007, the total number of pension insurance participants in Zhuhai had reached 688000, including 387000 migrant workers, including 342000 migrant workers. In 2007, there were 142000 migrant workers who withdrew insurance, accounting for 41.5% of the migrant workers who participated in insurance.
1.2 Reason for surrender
Migrant workers are a special group. To sum up, there are several reasons for the "surrender tide" of migrant workers: First, economic pressure. The income level of migrant workers is low and unstable. The current payment rate of pension insurance brings obvious economic burden to migrant workers and their families. Considering the realistic economic pressure, migrant workers themselves are not enthusiastic about participating in insurance; Secondly, because of the strong mobility of migrant workers' employment, it is difficult for most of them to participate in pension insurance payment for 15 years or more in a region, and they cannot meet the conditions for receiving monthly pension; Third, the low treatment level related to low payment. In order to reduce labor costs, many employers do not provide migrant workers with insurance or use low standards to participate in insurance. For example, many employers use the local minimum wage as the payment base for migrant workers to participate in pension insurance. Because the payment standard is positively related to the pension benefits of the insured in the future, even if the payment has been completed for 15 years, the expected pension benefits are still low, which is difficult to meet the pension needs after losing the ability to work; Fourth, it is difficult to transfer. For a long time, China's basic endowment insurance has been based on the overall planning of cities and counties. Only Beijing, Shanghai, Shaanxi and other individual regions have implemented the provincial overall planning of basic endowment insurance. As a result, China's pension insurance has been artificially divided into more than 2000 overall planning areas. Due to the uneven level of economic development in various regions, pension insurance benefits naturally vary from high to low. Considering the pressure of future pension payment caused by labor mobility, all planning regions, especially economically developed regions, have formulated many policy barriers to raise the threshold of transition, making it difficult for migrant workers to transfer pension insurance between different planning regions. Taking Guangdong Province as an example, since 1998, Guangdong Province has incorporated migrant workers into the basic old-age insurance system for urban workers, and implemented localized management of old-age insurance. Each planning area has its own regulations. For example, Shenzhen has stipulated that the insured can only transfer to [①] after having a Shenzhen household registration, and "the payment period of the person whose household registration has moved to this city but not transferred through the municipal (district) labor and personnel department is calculated according to the time when the pension insurance premiums were actually paid in this city, and the working hours that have not paid in this city before moving in are not regarded as the payment period". [②] The transfer in policies of Guangzhou and other cities are generally the same. [3] Faced with such a strict transfer policy, migrant workers choose to surrender their insurance when they leave the insured area, which naturally becomes their helpless but economic choice. In addition, the new rural pension insurance has not yet been fully covered in the country, so the pension of migrant workers also presents an embarrassing situation of "insurance without insurance".
1.3 Tripartite impact of migrant workers' surrender
It goes without saying that once migrant workers withdraw from insurance, it is difficult to protect their pension rights after retirement or loss of labor capacity. According to the current policy, if migrant workers withdraw from insurance, the local social insurance agency will pay their personal account savings in a lump sum. [④] The social pooling part (12% of the individual payment base) paid by the unit will be added to the local pension insurance fund. If migrant workers later participate in the endowment insurance, the individual insurance years should be recalculated. For migrant workers who have always been in the state of floating employment, it is an insurmountable threshold to pay 15 consecutive years in the same planning area to receive pension on a monthly basis.
On the other hand, the huge army of surrender makes local governments "retain and fatten themselves". According to the statistics of Yu Kun from Zhuhai Social Insurance Fund Management Center, a Japanese funded enterprise in Zhuhai alone withdrew 4256 people in 2007, leaving a social insurance premium of 17.247 million yuan to the local pooling fund. According to relevant estimates, 830000 people in Shenzhen withdrew from insurance in 2007. Assuming that each person only paid for one year on average, there would be 800 million yuan of social insurance pooling fund withheld in Shenzhen. In 2004, the accumulated balance of pension insurance funds in Guangdong Province reached 59.7 billion yuan, accounting for one fifth of the total balance of pension insurance funds nationwide. Guangdong has also become the province that has benefited most from the pension insurance for migrant workers. The basic pension part of the pension insurance benefits will be adjusted with a series of economic indicators such as the average wage level of the local society, which will inevitably make the areas with higher pension levels more "rich".
Correspondingly, migrant workers who have retired or lost their ability to work will inevitably return to their registered permanent residence to provide for the elderly, which will inevitably make the local government bear a heavier burden of providing for the elderly. The areas where migrant workers leave in large numbers are also economically underdeveloped areas, which will easily lead to deficits in the local social insurance pooling fund, making it difficult to sustain.
From the above analysis, it is not difficult to see that the game between the governments of the overall planning region caused by the current endowment insurance policy has transformed China's national mandatory endowment insurance into a local endowment insurance system. One of the consequences is that a large number of migrant workers and other migrant workers have lost their pension insurance rights and interests, leading to the "Matthew effect" of pension insurance funds. It has seriously affected the normal operation of pension insurance and the fairness principle of pension insurance.
2. Value orientation of endowment insurance
2.1 Relationship between fairness and efficiency
Since the reform and opening up, the issue of fairness and efficiency has gradually become the focus of people's attention, which has led to the "dispute between fairness and efficiency". The history of China's pension insurance also clearly reflects this phenomenon. According to the theory of the highest goal of fairness, fairness and efficiency belong to different categories and logical levels, and fairness is the highest goal of human beings. Fairness and efficiency are concepts at different logical levels. Efficiency is just a means for people to pursue the goal of fairness. The essence of fairness and efficiency is to deal with the relationship between ends and means. Fairness is always more important than efficiency. There is no logical relationship between them, such as priority, equal emphasis or consideration.
The report of the 16th National Congress of the Communist Party of China has answered the question of the relationship between efficiency and fairness: "The primary distribution pays attention to efficiency. Give play to the role of the market. Encourage some people to get rich first through honest labor and legal operation. Redistribution pays attention to fairness. Strengthen the government's regulating function on income distribution. Regulate income with excessive gap." "The primary distribution pays attention to efficiency, and redistribution pays attention to fairness.". While strengthening the priority of efficiency, we began to explore fairness and justice.
2.2 Value orientation of endowment insurance
Strictly speaking, the goal of redistribution is social justice. The government's mandatory pension insurance has the function of income redistribution. The core idea and basic value goal of pension insurance is to achieve social equity, reduce poverty among the elderly and adjust income gap. The design of China's pension insurance system follows the principle of "fairness first, efficiency considered". At present, the pension insurance in China adopts the pension insurance mode of "unified account combination". The pooling fund has the function of mutual assistance and mutual aid. The pay as you go system can enable workers to enjoy the fruits of social and economic development and reflect fairness; The individual account reflects the difference between different payment bases and payment years according to the historical accumulation of workers' contributions, reflecting the efficiency.
In 2005, the Fifth Plenary Session of the Sixteenth Central Committee of the Communist Party of China proposed to "pay more attention to social fairness". In October 2006, the Sixth Plenary Session of the Sixteenth Central Committee of the Communist Party of China raised the protection of social fairness and justice to an unprecedented height - one of the general requirements for building a harmonious socialist society is "fairness and justice", and one of the focuses is "promoting social fairness and justice": "strengthening system construction and ensuring social fairness and justice". The report of the 17th National Congress of the Communist Party of China further stated: "To achieve social fairness and justice is to
Since 2006, the scale of China's endowment insurance pooling account has been adjusted from 17% of the original individual contribution wage base to 20%, and the scale of individual account has been reduced from 11% to 8%. Its main purpose is to highlight the fairness orientation of endowment insurance, so that it can truly have strong mutual assistance and help and better relieve people's worries about old-age care.
2.3 Lack of fairness in China's pension insurance system at this stage
However, good ideas and goals are difficult to achieve effectively due to the lack of institutional design. The biggest injustice is the institutional injustice. Arthur Okun, an American economist, once said: "The economic inequality due to unequal opportunities is more intolerable (and more compensable) than the economic inequality when opportunities are equal.". For migrant workers and other migrant workers, the biggest problem at present is the "imbalance of system distribution", that is, migrant workers cannot enjoy the right of normal "social security supply". This situation is undoubtedly rooted in the lack or unfairness of China's endowment insurance system itself. This has led to inequality in insurance opportunities between urban and rural employment groups, and between different urban employment groups. Due to the lack of fairness in the system design, the pension insurance rights of migrant workers and other migrant workers have been lost, and the equity concept of pension insurance cannot be realized; The responsibility and pressure of pension payment in developed and underdeveloped areas are unbalanced, which makes the redistribution function of pension insurance inefficient. Then, redistribution in the name of fairness is at the cost of loss of economic efficiency.
Endowment insurance has a strong positive external effect and is a quasi public product with strong publicity. Because private provision of public goods is generally insufficient and inefficient, the government must intervene to encourage the production and effective provision of public goods. Therefore, when formulating pension insurance policies, the government should strengthen the fairness orientation of pension insurance reform and reverse the unfair status of pension insurance from the system.
3 Policy analysis of current pension insurance reform in China
In view of the current problems in the operation of pension insurance in China, all parts of the country have launched an active exploration of pension insurance reform. In December 2008, Guangdong Province issued the Interim Measures for the Transfer and Continuation of Basic Endowment Insurance Relationships in Guangdong Province [⑤], which proposed that, in order to strengthen the reasonable and normal flow of labor force, when the insured persons are employed in Guangdong Province, the social security agencies in the original insured areas should transfer their personal account savings, deemed payment account savings, and local total pension accounts to the new insured areas. In the subsequent Administrative Measures of Guangdong Province on Responsibility Sharing and Transfer Fund for the Transfer of Basic Endowment Insurance Relationships [⑥], the pension standards that should be borne by all regions after the transfer within the province were specified in detail. Among them, "the basic pension calculated according to the payment records of the insured in the last insured place during the insured period shall be borne by the last insured place; the basic pension calculated according to the payment records of the insured in other insured places during the insured period shall be borne by the provincial pension adjustment fund", which clarifies the responsibilities of governments at all levels in the payment of pension benefits for the elderly.
Although it is only in Guangdong Province that the barrier free full transfer has been achieved, it is an ice breaking move for the transfer of basic endowment insurance across the overall planning area. Guangdong Province has a strong overall economic strength, but there is also the problem of unbalanced regional development. Therefore, the reform of the pension insurance system in Guangdong Province will surely accumulate valuable experience for the future barrier free transfer of pension insurance relations nationwide and the overall planning of the whole country.
On February 5, 2009, the Ministry of Human Resources and Social Security solicited public opinions from all sectors of society on the Measures for Peasant Workers to Participate in Basic Endowment Insurance and the Interim Measures for the Transfer and Continuation of Basic Endowment Insurance Relationship for Employees of Urban Enterprises. According to the Interim Measures for the Transfer and Continuation of Basic Endowment Insurance Relationship for Employees of Urban Enterprises, when participating in the endowment insurance for trans provincial floating employment, the pension insurance relationship shall not be terminated in advance, and the individual account of pension insurance shall be transferred in full with the person, and the overall fund shall be transferred according to the sum of 12% of the actual payment base of the person.
It can be seen from these two methods that the reform goal of this basic endowment insurance focuses on the fairness orientation, that is, when the endowment insurance relationship is transferred, to a certain extent, the payment responsibility of future endowment insurance benefits in the transfer place and the transfer place should be balanced; In terms of the coverage of endowment insurance, continue to expand the coverage of endowment insurance; From the level of overall planning, the transformation from city county overall planning to provincial overall planning is being implemented. Not long ago, the country has also made a timetable for the national planning of pension insurance: provincial planning will be achieved by the end of 2009, and national planning will be achieved by 2012. At the same time, the country should also establish a corresponding incentive and restraint mechanism when designing the system, such as the national networking of social insurance information and household registration information, to prevent the moral hazard and adverse selection of pension insurance caused by the national overall planning, and to achieve the ultimate goal of fairness with a more efficient system.
notes
[①] Nanshan Branch of Shenzhen Social Insurance Fund Management Bureau,/instructionshow.asp? p_id=76.
[②] Article 9 of the Decision on Amending the Several Implementation Provisions of the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees.
[③] Guangzhou Municipal Government Portal,/jsp/common/wsbs/workguide.jsp catid=4472&workguideid=9q6c n1vg-wham-ne2j-55hg-yo147ku2xgwp
[④] Ministry of Labor and Social Security Circular on Improving the Basic Endowment Insurance Policy for Urban Employees LSBF [2001] No. 20.
[⑤] Document of the General Office of the People's Government of Guangdong Province, YFB [2008] No. 76.
[⑥] Notice of Guangdong Provincial Department of Labor and Social Security on Printing and Distributing the Administrative Measures for Responsibility Sharing and Transfer Fund of Basic Endowment Insurance Relationship Transfer in Guangdong Province, YLSH [2008] No. 2092.
reference
Part 5: Model Regulations of Guangdong Province on Endowment Insurance
Key words: Guangdong, Hong Kong and Macao; Social security system; comparative analysis
CLC No.: F727
Document ID: A
Article No.: 1002 － 0594 (201B) 06 － 0045 － 08
Received on: March 12, 2010
Social security is all kinds of help and services provided by the state or society to protect the basic living rights of social members. The purpose of social security is to ensure the basic life of social members and the stability of the whole society. Social security is a comprehensive system composed of many contents, and its basic contents mainly include four aspects: social insurance, social relief, social welfare and social preferential treatment. As a part of the motherland, Hong Kong and Macao have different social security concepts, social security management systems, social security fund raising and utilization, and social security coverage from the mainland. However, Guangdong, Hong Kong and Macao are geographically connected and have the same customs and cultures. The social security culture of Hong Kong and Macao has a long history. In the development process of their respective social security undertakings, the experience and lessons of Hong Kong and Macao can provide valuable learning and reference value for Guangdong to establish and improve the social security system:
1、 An Analysis of the Current Situation of the Social Security System in Guangdong, Hong Kong and Macao
（1） Social Security System of Guangdong Province
1. The concept of social security in Guangdong Province. The fundamental starting point of the social security concept of Guangdong Province, namely the mainland, is to treat every member of society equally and fairly, regardless of their wealth or their obligations, and provide all members of society with the civil rights they should enjoy, so as to alleviate the social injustice caused by emphasizing efficiency first through social security, Finally, members of society can enjoy the benefits of modern society. From the perspective of the distribution behavior of social security, we can achieve the goal of balanced national income distribution through social security. Therefore, "fairness" in social security mainly includes fair rights, fair opportunities and fair results, that is, under any system, rights are universally enjoyed, not discriminated against and protected by law; Everyone has equal access to social security, and the benefits and services provided in each project are equal. The concept of efficiency is also emphasized in social security, but the efficiency here includes two aspects. On the one hand, indirect efficiency is generated by external adjustment of income gap, solving social problems, alleviating social conflicts, stabilizing social order, and ensuring the reproduction of labor force; On the other hand, through the economic activities of social security, especially the correct implementation of financing and payment, as well as the rational operation of funds, direct efficiency is generated, that is, the effective use of social security funds and the maximization of social benefits. It can be seen that the concept of social security in the mainland is to emphasize fairness and create a harmonious economic and social environment, and to emphasize the improvement of economic efficiency and help to achieve social fairness. Therefore, social security must emphasize the unity of fairness and efficiency.
2. The process of social security development in Guangdong Province. The reform of the social security system in Guangdong Province adopted a gradual approach. The basic process was to start to touch pension insurance from 1984 to 1986. In some counties and cities, social pooling of retirement expenses for employees of state-owned enterprises was implemented, and pension insurance funds were established. From 1987 to 1995, we promoted social pooling of retirement expenses throughout the province, expanded the scope of implementation of pension insurance, and gradually deepened the reform of pension insurance. After 1996, according to the principle of "combining social pooling with individual accounts", the pension insurance system reform plan was formulated and introduced. In 1998, the Department of Labor and Social Security was established, and a social security institution with top-down, vertical leadership and high prestige was initially established.
3. Social security system of Guangdong Province. At present, under the unified leadership of the State Council, the social security institutions in Guangdong Province adopt a hierarchical management system that combines different sectors and focuses on different sectors. The vertical structure is divided into three levels: central, local and grass-roots. Horizontal institutional setup: four types of institutions, including administrative management institutions, business handling institutions, fund operating institutions and supervision institutions, are set up at each level from top to bottom according to the nature of their functions.
The main agencies of the Guangdong Provincial Government that manage social security affairs are the Department of Labor and Social Security, the Department of Civil Affairs, the Department of Health and the Department of Finance. The Department of Labor and Social Security is responsible for the management of endowment insurance, unemployment insurance, medical insurance for urban employees, work-related injury insurance, maternity insurance and other projects; The Civil Affairs Department is responsible for the management of social relief, social welfare, preferential treatment and resettlement; The Department of Health is responsible for managing the rural cooperative medical system; The Department of Finance is responsible for formulating financial policies and financial and accounting systems for social security, implementing financial supervision over the revenue and expenditure of social security funds, and providing subsidies for social security plans. Non profit social insurance agencies subordinate to the labor and social security administrative departments of the government shall be set up in cities and counties respectively. The main responsibilities are to handle insurance registration, collect social insurance premiums, record payments, manage personal accounts, confirm and pay benefits, and manage social insurance funds. Provide queries, etc. (see Figure 1).
4. The source and application of Guangdong social security fund. At present, our social security fund mainly includes three parts: social insurance fund, national social security fund and supplementary security fund. Mainly in accordance with the principle of three parties sharing the burden, the state, enterprises (the economic unit where the worker is located) and individual workers should bear the raising of social insurance funds in a certain way and proportion, and it is usually defined in the form of national legislation. Local governments can only use social insurance funds. The social security fund is a fund formed by the contributions of enterprises and individuals, mainly including basic pension, unemployment, medical care, work-related injury and maternity insurance funds. The National Social Security Fund is a fund formed by the funds allocated by the central government, the assets allocated by the reduction of state-owned shares and equity, the funds raised in other ways with the approval of the State Council, and the investment income. The fund is centrally managed and used by the central government. Supplementary security funds are enterprise annuities, enterprise supplementary medical insurance, etc., which are formed by enterprise and individual contributions. The state finance plays a leading role in the collection of social security funds.
The expenditure of social security funds is divided into five categories: endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance.
5. Social security coverage in Guangdong Province. At present, the coverage of social insurance in Guangdong Province has basically covered all urban employers, including enterprises (state-owned enterprises, collective enterprises, foreign-invested enterprises, private enterprises, etc.), government agencies and institutions, social organizations and their employees. By the end of 2008, the number of people participating in endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance in the province was 24.44 million, 23.71 million, 14.42 million, 23.02 million and 10.11 million respectively (see Table 1). The number of insured persons of the five major types of insurance ranks first in China. In terms of absolute numbers, the social insurance work of Guangdong Province is in the leading position in the country (see Table 2). However, with the acceleration of urbanization and the deepening of state-owned enterprise reform, a large number of migrant workers and flexible employees have emerged, and the social insurance work of these people should attract the attention of the government departments. Therefore, Guangdong Province still has a long way to go to expand the coverage of social insurance.
（2） Social Security System in Hong Kong
For various reasons, the Hong Kong government (especially the Hong Kong British government before 1997) has not implemented a comprehensive social security policy for all Hong Kong citizens. However, Hong Kong's social security system, especially the management of social welfare, is still among the advanced levels in Asia.
1. Social security concept in Hong Kong. Hong Kong has established the social security concept of pluralism, selectivity and gradualism based on its special background, that is, the cultural background of East West integration, the modern social development background, the economic system background of liberalism, and the political system background dominated by administration.
(1) The concept of pluralism. Hong Kong's multiculturalism has created a pluralistic social security concept that combines government, society, family and individual responsibility. In terms of social development, the government has four equally important responsibilities: first, to provide a social environment where everyone can participate in fair competition, with special emphasis on the education and healthy growth of young people, and the updating of knowledge and technology of working people; The second is to provide the elderly, the infirm and the disabled with a well resourced, material and spiritual life
Basic safety net; The third is to provide support to the unemployed, low-income and other vulnerable communities, and pay attention to strengthening rather than weakening their will to self-reliance; Fourth, encourage all qualified individuals and groups to carry forward the spirit of service and benevolence. We will actively engage in voluntary work of all kinds to create a harmonious and vibrant civil society. This pluralism concept integrates government leadership and private participation, government regulation and market mechanism, government responsibility and family responsibility, and individual responsibility. It advocates people to improve their living conditions by themselves, and advocates limited government intervention and the creation of an efficient and flexible social security system instead of centralized management. Hong Kong has always attached great importance to the basic position of the family in social security, which is related to the fine tradition of Chinese culture that emphasizes family mutual assistance, attaches importance to children's education, and respects and cares for the elderly (Ren Chunxue and Zhu Linlin, 2007).
(2) Selectionism. The concept of selectivity in Hong Kong originates from the position of economic liberalism of "small government, large society". It follows the principle of low supply for social welfare, emphasizes the role of guaranteed poverty relief, advocates providing economic assistance to those who cannot help themselves, and establishes a social security system to prevent vulnerable groups from falling into poverty, so as to meet their basic human needs. The reason why Hong Kong did not follow the example of the European welfare state was that it complied with the development strategy of Hong Kong's free port, the positioning of its trade center, financial center and tourism center, and the Hong Kong government's economic policy of active non-interference.
2. Social security management mechanism in Hong Kong. In general, Hong Kong has established a social security management system with the government as the leading force, with civil voluntary organizations and religious organizations playing an important role, clear division of labor and coordinated cooperation. Social security is an important responsibility of the Hong Kong government, which is under the overall management of the Department of Health and Welfare. The Social Welfare Department, the Department of Health, the Medical Affairs Department, the Housing Authority and other institutions under the Department are responsible for the implementation of public assistance, health care and other welfare policies. The Housing Commission, the Labor Advisory Committee and other public service committees have played a considerable role in advising and promoting the government's successful formulation and implementation of social security policies.
3. Social security fund in Hong Kong.
(1) Source of Hong Kong Social Security Fund. The Hong Kong government has defined and regulated all social security schemes and their financing methods in the form of legislation. The Hong Kong Social Security Fund is mainly derived from taxes and donations from all sectors of society. In addition, the fund for traffic accident casualty assistance is derived from vehicle license fee, driving license fee, etc. in addition to taxes.
If the raising forms of social security funds in the world are divided into pay as you go system, pre financing accumulation system and mixed system, the social security funds in Hong Kong are mostly of pay as you go system. The so-called pay as you go system refers to a way of raising social security funds based on the principle of balance of income and expenditure within a certain period of time. Therefore, the biggest problem of Hong Kong's social welfare policy arises: that is, social welfare policy is not based on meeting the needs of citizens, but on the provision of financial resources. Social welfare fluctuates with the size of economic growth, Not stable.
According to the management organization of social security funds, Hong Kong social security funds can be divided into government managed funds (such as traffic accident casualty assistance funds, natural and man-made disaster emergency relief funds, etc.) and non-governmental managed funds (such as public reserve funds, public welfare funds). It is worth mentioning that for a long time, the laws formulated by the Hong Kong government authorities have focused on marginal welfare and remedial measures, while ignoring the post retirement life security that employees are most worried about. Only a few private enterprises in Hong Kong have a provident fund system, but most of these enterprises are set up to take care of senior managers or professionals of enterprises, and not all employees benefit. Under the pressure of public opinion in the whole society, the retirement security system is funded by both employers and employees to establish provident fund, which will be fully received by employees when they retire. As for the overall management of provident fund, private institutions are responsible for it, and government departments do not interfere.
(2) Expenditure of the Hong Kong Social Security Fund. The payment form of the social security fund refers to the specific way and method adopted by the social security management organization when paying the social security fund. In 2007, the total expenditure of Hong Kong Social Security Fund was HK $34.896 billion, an increase of nearly HK $1.3 billion over 2006. Like other countries, Hong Kong Social Security Fund has two fund forms: one is monetary or cash, such as public assistance, special needs allowance, compensation for violence and law enforcement casualties, and assistance for traffic accident casualties; The second is in kind, that is, the government directly provides specific goods or services to the market, such as direct welfare, medical care and health care.
4. Social security coverage in Hong Kong.
(1) Social security assistance. The proportion of people receiving comprehensive social security assistance in the total population is low. Hong Kong's social security system is dominated by the comprehensive security assistance scheme funded by the government. However, this main body security plan has not really played a main role, because the number of people receiving comprehensive security assistance has not yet exceeded 10% of the total population of Hong Kong, let alone social security should face all social members.
By the beginning of 1998, about 100000 families had received comprehensive assistance. According to the data released by the Hong Kong Federation of Social Services, among the people receiving comprehensive security assistance in 1997, the elderly accounted for 58.56%, the disabled and the ill accounted for 17.79%, while the unemployed only accounted for 8.99%, and the low-income only accounted for 2.19%. This shows that comprehensive security assistance has nothing to do with the vast majority of Hong Kong citizens, It only protects a part of the social weak.
(2) Public housing system. As an important social welfare project in Hong Kong, the public housing system has not exceeded 50% of the residents living in public housing in the past 40 years. Therefore, Hong Kong scholar Zhou Yongxin (1994) pointed out in his book "Social Security and Welfare Dispute" that "today, public housing is not the welfare enjoyed by all citizens, and public housing benefits are only given to those with lower income." The public housing system in Hong Kong began in 1962. The original purpose was to provide housing for homeless people, and it was stipulated that those whose family monthly income exceeded 18000 Hong Kong dollars could not enjoy such benefits. Later, although the income standard was improved, most middle and lower income people still chose to apply for public housing because of the high price of private buildings. In recent years, due to several increases in the rent of public housing and the government's implementation of the public housing sales plan, the public housing system with welfare nature has gradually weakened the social welfare component.
(3) Retirement system. Hong Kong's retirement system is only implemented among civil servants and some university teachers, and the vast majority of employees have no retirement benefits to enjoy. What Hong Kong has implemented so far is a voluntary private retirement security system. The so-called voluntariness refers to whether the elderly are willing to apply for comprehensive social security assistance. If they are willing and approved, they can get a small number of elderly subsidies and old-age allowances for the elderly over 70 years old. According to the statistical data provided by the Hong Kong Social Security Association in 1998, only 10% of the elderly over 60 years old receive comprehensive social security assistance; The so-called private nature means that Hong Kong society has not implemented statutory retirement provisions, let alone a special pension system. The life security problem of individuals after retirement is basically a solution of their own choice, and the society has not assumed the responsibility of retirement security for all members of society, It only bears the retirement security responsibilities of government civil servants, public service employees and some university teachers, and the total number of these people does not exceed 4% of the total population of Hong Kong.
（3） Macao's social security system
1. Macao's social security concept. The concept of Macao's social security system includes: putting economic development in the first place, believing that social security needs a good economy as the basis; The government only plays the role of planning and encouragement in advocating individual and family centered social policies; The guarantee conditions are still low. In the past, the general Macao residents always had low requirements for the welfare of the government, and they tended to solve problems with the strength of individuals or families, which had something to do with the Chinese traditional culture that advocated self-reliance. Liang Qixian, a scholar, has also made a thorough analysis of Macao's social welfare system, and believes that there are many similarities between Macao's social security system and the welfare system in East Asia. The welfare system is mainly influenced by Confucianism and culture. It promotes the virtue of respecting the elderly and attaches great importance to education. It is believed that good education can provide high-quality labor force for society, promote economic development, and solve social problems (Liang Qixian, 2005).
2. Macao's social security management system. Macao's social security system was gradually established with the development of the economy. In 1989,
With the joint efforts of the Macao government, labor and management, a social security fund has been established to provide relief and assistance to workers in the condition of disease, unemployment, old age and disability. This has changed the previous mode of providing public assistance and social services only with the Social Work Department of the Macao government as the main responsibility, and formed a social work department The social security system consists of social security funds and private social welfare institutions.
The Social Work Department is a government agency that provides financial and material assistance to people and groups in economic poverty. It has 87 welfare units, including 17 nurseries, 9 homes for children and adolescents, 10 homes for the elderly, 7 homes for the disabled, 8 health centers, 7 rehabilitation centers, 5 school canteens, 1 shelter for victims of disasters, and 10 medical centers, 10 children and youth centers and 3 other units (Zhou Yongxin, 1994). The responsibilities of the Social Work Department include two categories: one is to provide relief and subsidies to the elderly, the poor and the disabled, as well as assistance to victims of disasters, financial support for the funeral of poor students and poor families, and run welfare facilities such as canteens, nurseries, shelters, homes for the elderly, and provide childcare services, children's and youth's homes, elderly care services, social services Hospitals and rehabilitation services for the disabled, reception for the homeless and hospice services. The other is for non-profit social service organizations, where the government provides financial assistance and technical support through the Social Work Department, or places government facilities and equipment under the management of private organizations, but these social service organizations must accept the supervision of the Ritual Work Department. In addition, the Macao government also subsidizes education, which is implemented by the Department of Education.
The non-governmental welfare institutions in Macao mainly include Tongshan Hall, Kindness Hall, Jinghu Hospital Charity Association, Caritas Center and Neighborhood Association. The various service activities they hold or provide are mostly related to family problems, interpersonal relationships and personality growth, which can be divided into: social security services, child care services and family services, children and adolescents services, elderly care services, rehabilitation services, medical social work, prevention and detoxification services, services and community services for criminals and prisoners released.
3. Macao's social security fund.
(1) Source of social security fund: Macao social security fund is composed of government grants and contributions from employers and employees. The government's annual allocation is 1% of the actual settlement of the current fiscal revenue. The employer contributes 20 Australian dollars per month to each local employee, 30 Australian dollars to non local employees, and 10 Australian dollars to employees themselves. Employees who live in Macao and work for others, as well as employers who employ workers under contract, must register contributions to the Social Security Fund.
According to the Social Security Fund Organization Law, the administrative organ of the social security fund is the Administrative Committee and the Board of Supervisors. The fund is a public legal person with administrative and financial autonomy under the supervision of the Chief Executive. The Administrative Committee of the fund must have representatives from workers and employers. The Chief Executive has the right to approve the financial management plan of the fund, The government shall be jointly and severally liable for the payment of the fund.
(2) Expenditure of social security fund. The social security fund will grant pension, disability benefit, relief, unemployment allowance, sickness allowance, birth allowance, funeral allowance, etc. to registered contributors according to the circumstances. Those who have reached the age of 65, have resided in Macao for at least 7 years, and have contributed to the social security fund for at least 5 years, can be granted a pension. Anyone who has reached the age of 18, has resided in Macao for at least 5 years, and has contributed to the social security fund for more than 3 years, will be entitled to disability compensation if he or she has been unable to work for a long time. Persons with disabilities who have resided in Macao for more than 7 years and have reached the age of 65 or 18 may be granted relief funds if they are not entitled to pension or disability benefits and cannot survive without engaging in any salaried work. The eligible unemployed can receive unemployment benefits for up to 90 days within one year (see Table 3).
4. Social security coverage in Macao. The MSAR government grants pensions, disability allowance, social assistance, unemployment allowance, sickness allowance, funeral allowance, birth allowance, marriage allowance, etc. to eligible persons, of which the pension is now $1000 per month and unemployment allowance is $35 per day, with a maximum of 90 days. In 1997, the Social Security Fund issued a total of 90.38 million Australian dollars in various assistance funds. In addition, the government has also built social houses, economic houses, free medical care and free education, built and managed social service facilities or entrusted private institutions to manage them after construction, provided legal aid, free meals, prevention and detoxification services, and services for prisoners and prisoners released and reintegrated into society. At the same time, it has increased its support to non-profit private institutions, Strengthening cooperation with these institutions has improved Macao's social security coverage (Lin Yuming, 2006).
From the perspective of "universal security", the coverage of the current Macao elderly security system is still insufficient, and the pension coverage is still limited. In 2006, the number of pensioners was 10820, while the number of people aged 65 or above in Australia was 36027, so the pension coverage rate was 33%. In recent years, the government of the Special Administrative Region has continuously expanded the industries that are included in the social security fund, and the number of guaranteed employees has been increasing. The coverage rate of social security funds increased from 58.4% in 2000 to 74.1% in 2006. Therefore, in the medium and long term, a large proportion of the working population can benefit from pension after retirement. However, the labor force participation rate in Macao is only 70%, and the participation rate of men is much higher than that of women. This reflects that a considerable part of the adult population may not receive old-age security in the future due to their failure to participate in the labor market, and the number of women without security is far more than men.
In terms of medical security, Macao residents can be roughly divided into: first, civil servants and employees of large enterprises enjoy free medical care or all enterprises bear it; Second, the employees of medium-sized enterprises should bear part of the medical expenses; Third, the general community at the grass-roots level (neither the disadvantaged community) cannot obtain free medical care from the SAR government, nor does it have enterprise medical benefits, so they buy medical insurance by themselves; Fourth, vulnerable communities can enjoy free medical assistance from the SAR government. For those who need to rely on private medical insurance, especially those over 40 years old, the premium is expensive, the protection is limited, and they cannot afford large-scale surgery or serious disease.
2、 Comparison of social security systems in Guangdong, Hong Kong and Macao
（1） Similarities of social security systems in Guangdong, Hong Kong and Macao
A careful analysis of the social security systems in Guangdong, Hong Kong and Macao shows that there are many similarities or similarities in their security concepts, economic support, funding sources, management systems, etc., which are summarized as follows.
1. Social security concept. Guangdong, Hong Kong and Macao all share the same values, that is, the traditional Chinese values: independence, self-reliance, and never asking for others. Both regard the Confucian culture as the orthodox culture, which emphasizes the people-oriented principle and requires the government to do its duty of love, care and assistance to the people. At the same time, the traditional view of rights and mutual aid has also become the maintenance elements in the process of social development, so the folk charity culture has a long history. In the more than 100 years since Hong Kong and Macao became colonies, despite being ruled by colonial culture, Hong Kong and Macao have Chinese cultural traditions with thousands of years of history. With broad inclusiveness and impenetrable penetration, they have permeated all corners of Hong Kong and Macao society. In fact, Confucian culture has always been the main body of society, becoming the guidance of public opinion, policy formulation Important objective factors of decision-making.
2. The basis of social security. The social security systems in Guangdong, Hong Kong and Macao were all established under the market economy system. Under the market economy system, the competition is fierce, and the phenomenon of enterprise bankruptcy and bankruptcy often occurs, which will lead to unemployment at any time. In addition, under the condition of market economy, the contradiction between the economic interests of the labor and the management is acute, and the labor union is becoming stronger and stronger. From time to time, there will be rallies and strikes by the workers who want to improve their treatment and living conditions. In order to ease the contradiction and stabilize the society, the three places have successively established social security systems.
3. Social security management subjects and methods. First, the main body of the establishment and implementation of the social security system in the three places is the government. Since sociality is one of the characteristics and basic principles of social security, its subject must be the government. Second, the social security systems in the three regions must be legalized. Guangdong, Hong Kong and Macao have all adopted legislation to incorporate social security into their social and economic systems, making it institutionally legitimate. In this way, the governments of Guangdong, Hong Kong and Macao not only regard the provision of social security as a responsibility, but also regard the provision, organization and management of social security as a system; The people no longer only regard the enjoyment of social security as a kind of compensation, but as a basic society
Equity.
4. Social security fund.
(1) From the perspective of the source of social security funds, social security funds are generally formed by the way that workers and their employers jointly pay social insurance premiums. The government subsidizes in taxes, interest rates, and finance, and are protected by national or local legislation, and have independent social security fund management agencies. The social security funds in Guangdong, Hong Kong and Macao are to ensure the basic living needs of social workers when they lose their labor force or labor opportunities. In addition, they also include charitable donations, special funds for workers in old age, unemployment, illness, work-related injury and childbirth.
(2) From the perspective of the use of social security funds, the expenditures of social security funds in Guangdong, Hong Kong and Macao all include the five most basic categories of pension insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance, which guarantee the basic living needs of residents. The fairness of social security fund expenditures is the core issue related to the social security system. The amount of social security fund expenditures is huge, It has a wide range of impacts, which is related to the vital interests of the majority of workers in Guangdong, Hong Kong and Macao, as well as the stability and development of society.
5. Coverage of social security. The coverage of social security is extensive. In terms of security projects, social security in Guangdong, Hong Kong and Macao almost covers all projects from birth, old age, disease, death, injury, disability, child support, to various income security and medical services. The insurance items of the three social security systems are basically the same. Like most countries in the world, five major insurance programs and eight kinds of benefits are generally established in the three places. The five major insurance items are old-age insurance, disability and survivors' insurance, medical insurance, work-related injury insurance, unemployment insurance and family allowance. The eight kinds of benefits are pension benefits, disability benefits, survivors' benefits, medical benefits, maternity benefits, work-related injuries, unemployment benefits and family allowances.
（2） The Difference Comparison of Social Security Systems in Guangdong, Hong Kong and Macao
The social security systems in Guangdong, Hong Kong and Macao are different due to the differences in social system, economic development mode, development history and other aspects.
1. There are obvious differences in social security concepts. Guangdong Province belongs to the category of socialism. The concept of social security focuses on efficiency and fairness, and social security must emphasize the unity of fairness and efficiency. It also ensures the economic sustainability of the system itself, gives consideration to the fairness of the scope, level and degree of protection, and reflects the unity of fairness and efficiency to a certain extent. However, Hong Kong and Macao belong to the capitalist system. Taking Hong Kong as an example, Hong Kong's concept of selectivity stems from the economic liberalism position of "small government, large society". It follows the principle of low supply of social welfare, emphasizes the role of poverty relief in security, advocates providing economic assistance to those who cannot help themselves, and establishes a social security system to prevent vulnerable groups from falling into poverty, In order to meet their basic human needs, the Hong Kong government (especially the British Hong Kong government) has not implemented a comprehensive social security policy for all Hong Kong citizens. Hong Kong's awareness of multiple welfare determines that the focus of social security in Hong Kong is to support families. While Guangdong Province is based on the concept of social justice, the focus of social security is the individual.
2. There are differences in the economic basis of social security. The level of social security is positively correlated with the level of economic development. The more developed a region's economy is, the more developed its social security level will be. Since Hong Kong has been implementing the "lower than pre capitalism" operation mode and the South China market system, this economic model has indeed played a significant role in capital accumulation in the past decades. Hong Kong's economy has achieved rapid development, and the overall living standard of its citizens has been significantly improved. Therefore, Hong Kong's social security system, In particular, the management level of social welfare is indeed among the advanced levels in Asia. In 2008, Hong Kong's per capita GDP was 220072.9 yuan, nearly seven times that of Guangdong Province (see Table 4). In this case, Hong Kong's mainstream society tends to identify with the capitalist system that has been implemented for many years. In Guangdong Province, the social security targets are all over the people, and the security projects are relatively comprehensive. It can be seen from Table 4 that the GNP of Guangdong Province is more than twice that of Hong Kong, but the population base of Guangdong Province is large, so the per capita GDP is very different from that of Hong Kong and Macao, and the social security resources of Guangdong, Hong Kong and Macao are very different.
3. There are differences in the social security management system. The central government and local governments at all levels are jointly responsible for the civil ceremony guarantee system in the mainland; The responsibilities of local governments are to formulate local regulations, policies and standards, raise social security funds and pay social security benefits according to the unified policies of the central government. The organization of social security is set up under the unified leadership of the Chinese Academy of Coordination Affairs, and adopts a hierarchical management system that combines different sectors and focuses on different sectors. Social organizations play a very small role in social security, while Hong Kong and Macao are government led social security management systems in which civil voluntary organizations and religious organizations play an important role, with clear division of labor and coordinated cooperation. For example, the non-governmental welfare institutions in Macao mainly include Tongshan Hall, Charity Hall, Jinghu Hospital Charity Association, Caritas Center and Neighborhood Association.
4. There are differences in the sources of social security funds. The source of the social security fund in Guangdong Province is mainly based on the principle of "three parties sharing the burden". The state, enterprises (the economic unit where the workers are located) and individual workers should all bear the burden of raising the social security fund in a certain way and proportion. It is generally believed that the proportion of finance is about 30% to 40% of the total social security costs, and the proportion of enterprise contributions is generally more than 20% of the total wages, The individual contribution rate is 8% of his salary; The main sources of the Hong Kong Social Security Fund are taxes and donations from all sectors of society. In addition to taxes, there are also fees such as the fund for traffic accident casualty assistance, vehicle license fees, driving license fees, etc; The main sources of Macao's social security fund are government grants and contributions from employers and employees. The government's annual allocation is 1% of the actual settlement of the current fiscal recurrent income of the year. The employer contributes 20 Australian dollars per month to each local employee, 30 Australian dollars to non local employees, and 10 Australian dollars to employees themselves (Tu Xiaofang, 2005).
5. The coverage of social security varies. First, there are differences in the coverage of pension insurance in Guangdong, Hong Kong and Macao. Guangdong Province implements the pension insurance system combining "social pooling" and "individual account". Enterprises and individuals implement compulsory payment, the government provides financial subsidies, and expands the coverage of basic pension to urban individual businesses and flexible employees. Hong Kong officially implemented the compulsory pension plan in December 2000, The mandatory pension fund system is a retirement security system based on employment, which is a complete pension fund system. According to the regulations, except for some exempted persons, all employees or self-employed persons between the ages of 18 and 65 must join the mandatory pension fund scheme. Macao implements the non mandatory central provident fund. In 2007, the elderly population in Macao accounted for about 7% of the total population, and more than two-thirds of the elderly did not receive pensions. Secondly, there are differences in medical insurance among Guangdong, Hong Kong and Macao. The medical insurance in Guangdong Province is polarized between urban and rural areas. Cities have gradually improved the coverage of medical insurance, and the number and quality of medical facilities have greatly improved. After the implementation of the new rural cooperative medical system in Guangdong Province, the rural cooperative medical system covered 95.21% of the rural population in 2008. However, compared with cities, the gap is still very obvious. Hong Kong's medical institutions fall into three categories: public hospitals, subsidized hospitals and private hospitals. In the first two types of hospitals, citizens can receive medical services only by paying low fees. In terms of medical security, Macao residents can be roughly divided into: first, civil servants and employees of large enterprises enjoy free medical care or all enterprises bear it; Second, the employees of medium-sized enterprises should bear part of the medical expenses.
3、 The Reference Significance of the Social Security System of Hong Kong and Macao to Guangdong Province
（1） The concept of social security needs to be further updated
The social security system of Guangdong Province adheres to efficiency and fairness, relies on the government, and speeds up the construction of a social security system with socialist characteristics, but does not pay attention to the instillation of social group awareness. It should learn from the social security concepts of Hong Kong and Macao. As the main body of security, the national government should make active efforts to assume the responsibility of ensuring the basic life of all social members without shirking. But while educating people to establish social security awareness, we must pay attention to encouraging social members to establish the belief of self-reliance and striving for self security. Never rely too much on social security, so as to avoid those who are used to the socialist "big pot", and then grab the "big pot" of social security under the conditions of the market economy, without thinking about making progress, not wanting to self-improvement, and not willing to struggle.
（2） The management system needs to be further improved
The social security system of Guangdong Province is dominated by the government, lacking the participation of civil society organizations, and civil organizations should be encouraged to carry out social welfare services. Guangdong Province should gradually hand over the vast majority of social welfare services to non profit oriented non-governmental organizations and enterprises for specific implementation under the condition of improving laws, systems and supervision. The relevant government departments are mainly responsible for policy formulation, qualification examination, approval, management, supervision and training, and the unified collection and distribution of funds, gradually forming partnership with civil organizations and social welfare institutions in the development of social welfare undertakings. Since the social workers' team in Guangdong Province has not been formed yet, we can use the staff of the existing civil affairs institutions at all levels, trade unions, youth leagues, women's federations, sub district offices, neighborhood committees, and villagers' committees to form a huge social workers' team after gradually receiving professional training in social security. Under the leadership of their organizations, Mobilize social organizations and people who are enthusiastic about public welfare undertakings, promote and implement the social security plan, and promote the development of social security undertakings in Guangdong Province.
（3） The source of social security funds needs to be further expanded
Part 6: Model Regulations of Guangdong Province on Endowment Insurance
Key words: rural social security system construction exploration
abstract:the guangdong countryside social security system construction process experienced the centralization,the decentralization,the multiplication has safeguarded three stages.in recent years,while vigorously advanced the cities social security systems establishment and consummation,has carried out the countryside society old?age insurance, the medical insurance and system and so on lowest social security experiment site work,has obtained certain result,according to the above but also had some problems,this article carries on analyzes and puts forward the corresponding countermeasure proposal.
keywords:countryside social security system construction exploration
[CLC No.] [f328] [Document Identification Code] b [Article No.] 1009-9646 (2009) 07-0082-04
Promoting the construction of a new socialist countryside in an all-round way is a major measure and an inevitable requirement to implement the Scientific Outlook on Development and build a well-off society in an all-round way, and is a lasting driving force to maintain the steady and rapid development of the national economy. The establishment of a sound rural social security system is an important part of building a new socialist countryside with "production development, comfortable life, civilized township style, clean village appearance, and democratic management", an important guarantee to effectively improve the living conditions of farmers, and the foundation for the whole society, especially the vast rural areas, to maintain harmony and stability. Further strengthening the construction of new countryside and rural social security system is of far-reaching significance to the economic and social development of Guangdong.
1. Development process of rural social security system construction in Guangdong
According to the historical and economic development level, the whole process of the construction of the rural social security system in Guangdong can be divided into three stages.
1.1 Centralized guarantee stage (1949-1977). At the beginning of the founding of New China, in accordance with the provisions of the first Constitution of the People's Republic of China that "workers have the right to material assistance when they are old, ill or disabled", Guangdong gradually established systems including labor insurance, hardship assistance, living subsidies, social relief and rural "five guarantees" in accordance with national policies. After 1958, simple social security organizations such as nursing homes, cooperative medical care and barefoot doctors were established. During the "" period, the urban social security system, which has been basically socialized, was destroyed, and enterprises, like rural collectives, assumed a low-level security function. Under the planned economy system, Guangdong implemented a highly centralized distribution system, and the economic security functions such as family and market were basically lost. The social security system was characterized by centralization. During this period, the vast majority of rural farmers were basically outside the national social security system, and the urban residents had no right to enjoy employment, medical care, housing, pension and other benefits.
1.2 Decentralization guarantee stage (1978~1988). In the stage of decentralized security, the rural areas implemented the reform of contract based on output, implemented the mode of collective ownership of land and household contract management, established a two-level management system of integration and separation, and provided rural residents with institutional arrangements for land security and family security. In fact, the family management system has become the main form of farmers' living security, and has relatively expanded the freedom of choice of rural residents in employment and consumption. The rural social security system is mainly the construction of the rural poverty alleviation system, and emphasizes the development oriented poverty alleviation and productive relief, which fully reflects the distribution principle of "efficiency first, giving consideration to fairness". At this stage, the differences in the basis of collective economy in various regions of Guangdong make the collective welfare of rural areas vary greatly. The more economically developed regions, the higher the level of collective welfare and security of farmers. Economically developed regions have the conditions to develop township enterprises to compensate agriculture with industry, reduce the burden of farmers, and improve the welfare level; In economically underdeveloped areas, various undertakings mainly rely on the collection of taxes and fees to operate, so there will naturally be some contradictions between collective welfare and family management.
1.3 Diversified security stage (since 1989). In the Decision on Several Issues Concerning the Establishment of a Socialist Market Economic System issued at the Third Plenary Session of the 14th Central Committee of the Communist Party of China, it was proposed to establish a multi-level social security system suitable for China's current level of social productivity development and the affordability of all aspects, and it was stipulated to establish a unified social security management organization. In the government organization reform plan adopted by the Ninth National People's Congress in 1998, the Ministry of Labor and Social Security was established to take charge of pension, medical care, unemployment insurance and other security work. While Guangdong is vigorously promoting the establishment and improvement of the urban social security system, the relevant departments have carried out the pilot work of rural social endowment insurance, medical insurance, minimum living security and other systems, and gradually promoted them in rural areas across the country.
2. Practice and exploration of rural social security system construction in the construction of new countryside in Guangdong
Improving the rural social security system is an important part of building a new socialist countryside. In recent years, the CPC Guangdong Provincial Committee and the Guangdong Provincial Government have attached great importance to and proposed the establishment of a social security system covering urban and rural areas, and the construction of the rural social security system has achieved rapid development.
2.1 The construction of the old-age insurance system for farmers has been carried out in a rapid and orderly manner in different regions of the province.
2.1.1 Establish endowment insurance system for farmers and land requisitioned farmers in areas where conditions permit. The work of rural endowment insurance in Guangdong began in 1992. Through continuous exploration, six prefecture level cities in the Pearl River Delta region, including Shenzhen, Dongguan, Zhongshan, Foshan, Zhuhai, Guangzhou, have fully implemented the endowment insurance system for farmers and landless farmers (Guangzhou, Shenzhen, Foshan are all landless farmers, and Zhongshan, Zhuhai, Dongguan are all farmers). By the end of June 2007, a total of 1.46 million farmers and land requisitioned farmers in the province had been included in the pension insurance coverage, of which 460000 people received monthly pensions, with a per capita monthly pension of 228 yuan, and the accumulated balance of the agricultural insurance fund was 3.8 billion yuan.
2.1.2 Carry out pilot projects in underdeveloped areas and establish an old-age security system for farmers whose land has been expropriated. Since September 2006, Guangdong has taken Zhuhai City, Yangxi County, Yanggong City, Boluo County, Huizhou City, Duanzhou District, Zhaoqing City, Zhanjiang Development Zone, and Wujiang District, Shaoguan City as pilot cities to explore the basic old-age security system for land requisitioned farmers. Each pilot has successively issued safeguard measures, covering 140000 local farmers who have been expropriated. According to statistics, by the end of May 2007, there were 16334 insured persons in each pilot and 4991 people receiving pensions or old-age allowances. Duanzhou District, Zhaoqing City, has made rapid progress. By the end of May 2008, the participation rate of middle-aged land expropriated farmers aged 35 to 59 in Duanzhou District had reached 97%, and 98% of the elderly aged over 60 had received old-age allowance. The pilot work initiated the establishment of old-age security system for land requisitioned farmers in underdeveloped areas in the province, and played a leading role in the province.
2.1.3 Establish an endowment insurance system for village cadres and other key rural people. According to the idea of "easy before difficult", the whole province selects village cadres, family planning objects and other key groups in rural areas to establish an endowment insurance system for them. Since 1997, Yuncheng District, Yunfu City, Zhanjiang Economic and Technological Development Zone, Yuandong County, Heyuan City, Huizhou City and other places have successively carried out old-age insurance for village cadres. A total of 8363 people were insured in the four cities, and 2034 people received treatment. Dongguan City and Huizhou City have successively carried out the old-age insurance for family planning objects, and implemented the old-age insurance system for parents of rural only children and couples with pure two daughters.
2.2 The rural cooperative medical system basically covers the rural areas of the province, and the security level is constantly improving. Before 2000, there was no unified rural cooperative medical care model in Guangdong. After 2001, under the great attention of the Provincial People's Congress, the Provincial Party Committee and the Provincial Government, it was decided that the provincial government and the Provincial Department of Agriculture should organize the implementation of the new rural cooperative medical system in 2002. In 2003, the provincial party committee and the provincial government further strengthened the construction of the new rural cooperative medical system, increased government funding subsidies, and transferred the construction of the new rural cooperative medical system to the provincial health department. After 2004, the provincial finance gave 10 yuan to each insured person, 10 yuan to the municipal and county finance, and no less than 10 yuan to individuals; In 2006, the provincial financial subsidy for each insured person increased to 25 yuan, in 2007 to 35 yuan, and in cities and counties to 15 yuan, greatly mobilizing the enthusiasm of farmers to participate in insurance. In 2007, 41.37 million people participated in the new rural cooperative medical care in the province, with a coverage rate of 83.8%, an increase of 23% over 2005? 1%。 At the same time, the financing level of rural cooperative medical care has been improved. The rural cooperative medical care in 77 counties (cities, districts) has been transformed into a county level overall plan, and the proportion of expense reimbursement has been increased. In 2006, the compensation amount of rural cooperative medical care was 1.58 billion yuan, and the average compensation cost accounted for 32.9% of the medical expenses. Another 23000 people received medical assistance, with a relief fund of 41.16 million yuan. The level of new rural cooperative medical insurance in various regions has been continuously improved, and the compensation ceiling has been raised to more than 10000 yuan, up to 60000 yuan. Some places have implemented the outpatient compensation system, expanding the scope of benefits.
The economically developed cities of Dongguan and Foshan tried out the medical insurance policy for urban and rural residents in 2004. Since its operation, it has basically realized the full coverage of the insured, and all funds have been successfully collected in place, meeting the requirements of the reform vision and achieving good social benefits. Through the establishment of the agricultural medical insurance system, the two cities have solved the problem of medical expenses burden of serious illness hospitalization for urban and rural residents, and basically alleviated the problem of "difficult to see a doctor" and "expensive to see a doctor" for urban and rural residents.
2.3 The rural minimum living security system started earlier and basically realized the full coverage of the minimum living security, and the minimum living security funds continued to increase. Guangdong took the lead in expanding the coverage of subsistence allowances from urban areas to rural areas, and the coverage of subsistence allowances has continued to expand. In 1995, the province began to implement the urban minimum living security system. In 1998, the system began to cover rural areas. Every year, the provincial government subsidized more than 1 million rural absolutely poor people with an annual net income of less than 1000 yuan. The number of people enjoying the minimum living security relief in the province increased 16 times from 105000 in 1997 to 689000 households and 1718500 people at the end of July 2007, It accounts for 2.25% of the total registered population of the province, including 544300 rural households and 1.3403 million people, and has basically achieved full coverage. In 2007, the provincial party committee and the provincial government proposed to properly improve the rural minimum living security line of the province, and to include the rural people with an average annual income of less than 1200 yuan into the scope of subsistence allowances. At present, many cities and counties have begun to include the families with a net annual income of less than 1200 yuan into the scope of subsistence allowances.
The funds for subsistence allowances have been increasing, and the standards and subsidies for subsistence allowances have been rising. In the first half of 2007, 75 counties (cities and districts) in 14 cities, including Guangzhou, Shenzhen, Foshan, Shaoguan, Heyuan, Meizhou, Huizhou, Shanwei, Yangjiang, Jieyang, Zhanjiang, Maoming, Qingyuan and Chaozhou, respectively raised the urban and rural minimum living standard. 10~100 yuan was increased in urban areas and 9~70 yuan in rural areas. According to the statistics in June 2007, the minimum living standard of the province is 125~361 yuan per month for urban residents and 91~320 yuan per month for rural residents. The average monthly subsistence allowance for urban residents is 226 yuan, 12 yuan higher than that in 2006; The average monthly subsistence allowance for rural people is 168 yuan, 13 yuan higher than that in 2006. As of July 2007, the monthly per capita subsidy level of rural subsistence allowances in the province was 46 yuan, an increase of 12 yuan year on year. Among them, the per capita monthly subsidy for rural subsistence allowance in 7 cities in the Pearl River Delta is 85 yuan, 8 yuan higher than that in 2006; The monthly per capita subsidy for rural subsistence allowances in 14 economically underdeveloped areas was 39 yuan, 8 yuan higher than that in 2006.
Financial departments at all levels in the province have gradually increased the minimum living allowance funds according to the increase of the number of people living on the minimum living allowance, the improvement of the minimum living allowance standard and the level of subsidies. The provincial minimum living allowance fund increased from 21.137 million yuan in 1996 to 9 million yuan in 2006? 3.7 billion yuan, an increase of 44 times. In 2007, the provincial finance increased the amount of subsistence allowance for economically underdeveloped cities, from 250 million yuan in 2006 to 385 million yuan, an increase of 135 million yuan. From January to July 2007, the province issued 70069 million yuan of minimum living allowance, an increase of 174.8 million yuan over the same period in 2006. Of this total, 419.54 million yuan was granted as subsistence allowance in rural areas, an increase of 111.5 million yuan year on year.
2.4 Other social security systems in rural areas have also been strengthened, and their role in agriculture and rural development has become increasingly prominent. The rural social security system in Guangdong is also prominent in production assistance (disaster prevention and relief), agricultural insurance, special assistance and rural preferential treatment. The weakness of the agricultural industry and Guangdong's geographical location determine that Guangdong's agricultural production is faced with considerable risks, especially the risks of natural disasters such as typhoons and mudslides. In recent years, the provincial finance has continuously invested a lot of funds to build a disaster prevention and disaster relief system for agricultural production and rural areas, greatly reducing the damage of agricultural disasters, improving disaster emergency Rescue capability; In addition, since the 1990s, the whole province has been exploring and implementing various forms of agricultural insurance systems. With the financial support of governments at all levels, the coverage of agricultural insurance has also been expanding.
Special assistance in rural areas is mainly aimed at the special population - households with five guarantees. Its security level is higher than the subsistence level, and its living standard is not lower than the average level in rural areas. Most areas have rural nursing homes, which have relatively complete facilities and high service levels. In terms of preferential treatment and social welfare in rural areas, the resettlement work has achieved remarkable results, and the resettlement reform focusing on retired soldiers' self employment, supported by vocational training, employment recommendation and preferential policies, has been successfully carried out. During the "Tenth Five Year Plan" period, 147000 retired soldiers and 4107 retired military cadres and non military staff were accepted and resettled. The self employment rate of retired soldiers reached 90%. A natural growth mechanism has been established, in which the standard of pension subsidies for the entitled groups and the living standards of local people have been improved simultaneously.
3. Main problems in the construction of rural social security system in Guangdong
Guangdong has done a lot of work in establishing the rural social security system, and has achieved great results. People call it the "popular project" and the "moral project". However, there are also some problems, mainly as follows:
3.1 The design of rural social security system is not perfect and reasonable. The establishment of rural social security system must adapt to the level of economic and social development, and on this basis, gradually break the "dual social structure" of urban and rural social security construction, and finally realize the unified social security system of urban and rural areas. At present, although Guangdong has set up a minimum living security line system and a new cooperative medical care and social assistance system for natural disasters, such as old-age security and serious illness coordination, it lacks a life security system among the poor. Because the rural residents are not rich at present, the per capita net income has just passed the threshold of 5000 yuan, and only entered the well-off level. There are more than 1 million absolute poor people with annual net income below 1000 yuan and nearly 3 million relatively poor people with annual net income between 1000 yuan and 1500 yuan. The design of rural social security system should first solve the problem of rural poverty, rather than rushing to establish an overly large and thorough social security system. At present, the poverty-stricken population is most in need of social security support. If the problem of this group is not solved, our goal of "building a moderately prosperous society in an all-round way" is incomplete.
Take the rural old-age security system as an example. At present, the old-age insurance system in rural areas is set according to the formal employment situation in cities and towns in terms of the calculation period, payment method and treatment enjoyment. It is not suitable for the vast number of farmers with loose labor relations, frequent changes in employment locations, unfixed work units, uncertain working time limits and low income levels. The current pension insurance fund implements regional overall planning and piece by piece management, which is more inappropriate for farmers who are migrant workers across provinces and regions. In addition, the current design of 15 years of payment period and payment standard has become an insurmountable threshold for farmers. It is not easy for farmers to pay fees for 15 years accumulatively in the same social insurance planning area. The economic income of farmers is not rich. Except for working outside, their income is settled by year. It is difficult to ensure the payment of each fund within 15 years. The current pension insurance system is easy to participate in, difficult to surrender, more difficult to transfer the pension insurance relationship, and lack of flexibility.
3.2 Rural social security projects are narrow and have small coverage. The various projects of Guangdong rural social security system only cover a small number of rural social members, or most of rural social members are still excluded from the scope of rural social security. For example, the rural old-age security system has only been established in the Pearl River Delta, and most of the rural areas in the province have not been promoted. In the Pearl River Delta, there are only five cities with a rural population of more than 1.2 million. In the other two cities, Guangzhou, Jiangmen, and some conditional counties and towns in eastern, western and northern Guangdong have not yet been established and are still under exploration, or only a small number of village cadres and landless farmers will be provided with endowment insurance. Even social relief is only for those "key households", and it is difficult to include all the old, weak, widowed, disabled and social members who cannot maintain the most basic living standards due to natural and man-made disasters. At the same time, the social security of land lost farmers and migrant workers is still in the exploration stage.
3.3 The regional difference of security intensity is large, and the overall security level is low. The current rural social security in Guangdong is unbalanced in terms of geographical scope. In the economically developed Pearl River Delta, the security level is higher, while in the economically underdeveloped eastern and western wings and northern Guangdong, the security level is much lower. Take the five guarantee households in rural areas as an example. In some rich areas, the facilities of rural nursing homes are complete and the service level is quite high. Some of the five guarantee households even have savings, which can help other needy relatives. However, in areas with relatively backward economic development, only a part of the five guarantee households can be included in the security coverage. In addition, the current level of rural social security expenditure in Guangdong is low, which is rooted in the limited financial distribution of rural social security funds in local governments. For example, the expenditure of social assistance is excessively dependent on the central finance, and the allocation of local financial assistance funds is neither institutionalized nor timely. At present, Guangdong Province has basically established a rural minimum living security system, but except for the wealthier rural areas, most rural social security only stays at the low level of relief for the poor. Generally, it can only help the protected temporarily get out of difficulties, and it is difficult to guarantee the basic life of the poor, which is not conducive to the long-term development of farmers.
3.4 Many farmers still hold a wait-and-see attitude towards participating in social security. In terms of pension insurance, many farmers place their hopes for future pension on their offspring. They lack a sense of identity and have doubts about pension insurance; In terms of rural cooperative medical care, farmers' willingness to participate is not strong enough and their enthusiasm is not high enough. The main reason is that the publicity of the new cooperative medical care system is not in place. Many farmers do not even know what the new rural cooperative medical care is. Even if they know this policy, they also lack trust in the new cooperative medical care because the previous commitments of the grass-roots government have not been fulfilled, There is even resistance. When the research team investigated the rural cooperative medical service in Xingning City, the local relevant institutions suggested that the money that farmers should pay should be paid by the government, because farmers in Xingning City only pay 10 yuan/person to participate in the rural cooperative medical service, and the government subsidizes the outpatient registration fee of 7 yuan/person. In fact, each farmer can participate in the rural cooperative medical service only by paying 3 yuan, However, the cost paid by the government to guide farmers to participate in rural cooperative medical care is higher than 3 yuan/person, so they think it is better to let the government directly pay the cost of 3 yuan/person.
4. Policy suggestions for further strengthening the construction of rural social security system in Guangdong
4.1 Strengthen the publicity of new rural construction and rural social security system, and promote farmers to change their ideas. From the perspective of balancing urban and rural development and building a harmonious society, we should adhere to the principle of taking farmers as the main body in the new rural construction, take the practical improvement of farmers' living conditions as the basis, and put the renewal of farmers' concepts in the first place in the new rural construction. At present, the rural social security system of the whole province has not been completely established. One of the important reasons is that the majority of farmers have insufficient knowledge and understanding of rural social security, resulting in many farmers still holding a wait-and-see attitude. The construction of a sound rural social security system should be based on the recognition and participation of the majority of farmers who occupy the dominant position. Therefore, on the one hand, the decision-making and research departments of governments at all levels should actively explore effective policies and implementation measures; on the other hand, they should do a good job of publicity to farmers, enhance their social security awareness, change their ideas, and improve their enthusiasm for participation.
4.2 Improve rural social security work institutions and strengthen rural social security management. The construction of the rural social security system involves a wide range of people and covers a large population. In addition, the economic and social development of various regions in the province varies greatly, making the task extremely onerous. Taking the rural minimum living security system as an example, Guangdong implemented the rural minimum living security system in 1997, and now the number of people guaranteed has reached 1.3351 million. However, due to the limited staffing, the civil affairs departments of cities and counties generally do not set up special minimum living security work institutions, and the villages and towns generally have only one civil affairs staff, which is difficult to standardize management.
In order to reflect the actual situation of rural areas across the province to the superior management and decision-making departments in a timely and accurate manner, as well as to rapidly implement the provincial and municipal policies and regulations, it is necessary to establish rural social security work institutions at all levels throughout the province and improve the rural social security management system. It is necessary to strengthen the general leadership, establish the leading organization of social security work, unify the organization and coordination of social security work in the region, and constantly enhance its overall synergy; We should also pay attention to the construction of the social security network at the grass-roots level. According to the "six in place" requirements of institutions, personnel, funds, sites, systems and work, we should clarify the functions at all levels to ensure that security reaches the front line, services reach the grass-roots level, and villages are covered.
In addition, because people's income is constantly changing, we must do a good job in the dynamic management of rural social security, especially the subsistence security work. Therefore, the transition from manual management to information management is an inevitable choice for rural social security work. Information processing, personnel entry, file management and information retrieval of rural social security objects by computers can not only reduce manpower, but also save money and greatly improve work efficiency.
4.3 Strengthen the legal system construction and establish and improve the legal system of rural social security as soon as possible. Rural social security is a work with strong mass, policy and regulation. In view of the fact that the national social security law has not yet been promulgated, Guangdong can introduce new local regulations according to the needs of urban and rural economic and social development. Set up new operational norms on insurance objects, payment age, payment standards, fund management, fund appreciation, funding sources and other issues, especially formulate clear laws and regulations on sensitive issues under the new situation (such as rural land issues, migrant workers' rights and interests protection issues, etc.), and effectively ensure that land lost farmers and migrant workers enjoy the rights and interests corresponding to their pay, Guide and standardize the construction of rural social security system from the height of law. In terms of the improvement of the corresponding judicial mechanism, Guangdong can try to set up a labor and social security court in the people's court, which is specialized in hearing labor and social security cases, so that the legitimate rights and interests of the parties can receive strong judicial protection when they are illegally injured. When the conditions are ripe, we can learn from the trial mode of special courts commonly practiced in foreign countries, establish our special labor and social security courts, and fully reflect the particularity of labor and social security affairs in the trial.
reference
[1] Yan Yuke. "Three Rural Issues" in Guangdong: Path and Policy Choices. Agriculture Press, 2006
[2] Song Zhengrong, On the Construction of Rural Social Security System with Chinese Characteristics, Financial Economy, 2006 (14)
[3] The 11th Five Year Plan for the Development of Social Security in Guangdong Province. Yue Fu Ban [2006] No. 90
Part 7: Model Articles of Guangdong Provincial Endowment Insurance Regulations
Sichuan Two Sessions: It is suggested to adjust the pension payment method
? "In the establishment of the old-age system, many elites in the industry are always obsessed with the difference between urban and rural old-age care, believing that rural land can greatly reduce the old-age pension for rural elderly.
Liu Zhanghua, the representative of the Suining delegation, is the secretary of the Party branch of Lianzhuqiao Village, Chicheng Town, Pengxi County.
In response to this series of problems, Liu Zhanghua said the solution, "on the one hand, it can further improve the pension standards for rural elderly; on the other hand, it can build rural nursing homes to provide for the elderly in rural areas; it can continue to strengthen education for young people to promote their due filial piety, rather than blindly making money outside."
He Shengdong, a representative from the Neijiang delegation, also pointed out the problems in the elderly care, "The work is relatively stable in general, but it is also found that the initial basic pension of the flexible employees who participate in the insurance as individuals is too low after they have paid the minimum contribution period of 15 years."
According to He Shengdong, taking Neijiang as an example, 3625 people in the city had paid contributions for 15 years and started to enjoy pension benefits in 2010. According to the calculation, these people have paid about 30000 yuan in 15 years. The average basic pension they received since 2010 is only 387 yuan, 114 yuan lower than Neijiang unemployment benefit, and only 60% of the minimum wage standard of Neijiang City.
"The total amount of contributions of such retirees during their in-service period has increased rapidly, while the initial pension has increased very little when they retire." To this end, He Shengdong suggested adjusting the method of calculating and distributing basic pension, so as to make the payment standard of pension insurance and pension receiving standard more reasonable. ".?
Hubei two sessions: pension for rural doctors
In the proposal "Suggestions on Strengthening the Construction of Village Health Offices and Village Doctors", members of the CPPCC Hubei Provincial Committee said that rural doctors are an important force in providing basic medical care and preventive health care services for farmers, and play an irreplaceable role in the front line of rural disease prevention and treatment. It is suggested to establish a sound security mechanism, gradually improve the treatment of this group, and remove their worries.
The committee members suggested that the subsidy standard for rural doctors should be increased year by year, and efforts should be made to improve the old-age security system. Rural doctors should be given subsidies to participate in the new rural old-age insurance. Wuhan City also plans to introduce a policy recently, stipulating that rural doctors over 60 years old can receive a "retirement pension" of about 500 yuan per month. At the same time, we can learn from Jiangsu, Zhejiang and other places, and rural doctors can also participate in urban employee pension insurance as flexible employees; After the implementation of rural integration, township hospitals should increase the unified management of village clinics. Township health institutions can pay a certain amount of insurance by individuals according to the mode of enterprises, and the government will give appropriate subsidies to township health institutions to supplement the insufficient insurance of township doctors, form a system similar to the pension insurance for urban workers, and improve the feasibility and stability of insurance participation. To form such management, it is necessary to further standardize the qualification and access system of rural doctors.
Hebei NPC and CPPCC: pension will be increased by at least 10% within the year
Fu Wencai, a deputy to the People's Congress of Hebei Province and director of the Department of Human Resources and Social Security of Hebei Province, made it clear that this year's pension adjustment would not be less than 10%, and at the same time, the benefits of work-related injury and unemployment insurance would be appropriately increased in due time to ensure that they were slightly higher than the national average.
Fu Wencai said that as of last year, the pension of enterprise retirees in Hebei Province had been raised seven times in a row. "It will continue to increase this year. The adjustment is being measured and has not been determined yet, but the increase will not be less than 10%."
"The proportion of hospitalization payment within the scope of the medical insurance policy will generally reach 70%, and at the same time, the treatment of work-related injury and unemployment insurance will be appropriately increased in due time to ensure that it is slightly higher than the national average." Fu Wencai said that this year, the financial subsidy standard of medical insurance for residents will be increased to 240 yuan per capita, and some new subsidies will be used to enhance the security ability by purchasing serious disease insurance and other ways.
In addition to improving the social insurance benefits, the original insurance termination and supplementary payment, "May 7th workers, family workers" insurance measures should continue to be implemented. Last year, more than 80000 people left over from history were included in enterprise endowment insurance in the province, which solved the problems left over from the history of enterprise endowment insurance.
The endowment insurance for urban and rural residents will be launched next year to achieve full coverage, with the participation rate of new rural insurance reaching more than 90%. In other words, urban unemployed groups and rural residents can receive corresponding pensions on a monthly basis as long as they reach the age of 60. Urban and rural residents will no longer dream of "providing for the elderly".
Shaanxi two sessions: migrant workers should be included in the pension insurance for urban workers
According to statistics, the number of migrant workers employed in Shaanxi Province is 3.46 million at present, including 2.16 million migrant workers in Shaanxi Province and 1.3 million migrant workers from other provinces. However, there are still some imperfections in the design of social insurance for migrant workers, such as the low level of laws and regulations, narrow coverage, and the lack of records, continuity, and transfer systems.
Members of the CPPCC Shaanxi Provincial Committee suggested that the legislation should be improved as soon as possible to include migrant workers in the pension insurance coverage for urban workers in view of the current imperfect system. The social insurance of migrant workers should be upgraded to the legislative level of formulating local regulations or local government rules. It is suggested to amend the Regulations of Shaanxi Province on Basic Endowment Insurance for Employees of Urban Enterprises and the special regulations on migrant workers' participation in endowment insurance; It is suggested that the Regulations of Shaanxi Province on Basic Medical Insurance for Employees of Urban Enterprises should be formulated to stipulate the special chapter for migrant workers to participate in medical insurance.
At the same time, the committee members suggested improving the pension insurance system for migrant workers. For the design of the endowment insurance system for migrant workers in Shaanxi Province, we should adhere to the way of classification, step by step and step by step. For those who have signed a labor contract with the employer for more than one year, formed a stable labor relationship, and have lived in cities and towns for a certain number of years, they should be directly included in the basic endowment insurance for urban workers. Migrant workers who have participated in the basic endowment insurance for urban enterprise employees shall continue to follow the original regulations. For those who have signed labor contracts with employers for less than one year and whose employment situation is unstable, a transitional plan should be designed and gradually incorporated into the security system.
Guizhou NPC and CPPCC: ensure that pension insurance covers 10 million people
In 2012, Guizhou Province will achieve full coverage of the new social endowment insurance system for rural and urban residents, ensuring that 10 million people participate in the insurance, of which 3.8 million eligible elderly must receive pensions in full and on time, and explore the establishment of the mechanism of "more pay, more pay", and generally implement the employment and social security policies for land requisitioned farmers in the province. By the end of the year, the number of urban employees in Guizhou will reach 2.93 million, 6.4 million, 1.7 million, 2.16 million and 2.1 million respectively in old-age insurance, urban medical insurance, unemployment, work-related injury and maternity insurance, and the basic pension level of enterprise retirees will be raised.
At the same time, 52 new pilot counties were added to the new rural and urban residents' social endowment insurance, reaching 77, accounting for 83% of the total. The coverage included in the national pilot ranks first in the country. At present, 8.497 million people have participated in the insurance, and the revenue collected from five social insurance funds exceeded 20 billion yuan for the first time.
Voice of netizens
Should the whole country improve the retirement pension system?
The demand for fair pension treatment has aroused strong public doubts about the "dual track system" and called for reform. Netizens pointed out that although the state has increased the pension for enterprise retirees every year, compared with the rising pension of civil servants and public institutions, the pension gap is too large to change. Netizens hope that the country will listen to people's demands, formulate a national fair and reasonable pension policy, narrow the gap between rich and poor, and not let farmers lose their land to survive. It is expected that the country will improve the retirement and pension system to reflect fairness.
IP (124.232.149.
IP (218.8.55.): The Ministry of Human Resources and Social Security should investigate the long-term low pension of enterprise retirees in all provinces, listen to appeals, formulate fair and reasonable pension policies, reflect fairness and justice, govern for the people, narrow the gap between rich and poor, and achieve social harmony and common prosperity.
IP (61.158.248.): The Chinese people are about to enter the peak period of receiving pensions, and the process of rural urbanization reform is accelerating. It is necessary to ensure that farmers can receive adequate pensions in the future.
IP (116.114.22.): The government is strongly required to fully consider the vast number of retired workers far away from the average level of retirement wages when adjusting the salaries of civil servants and public institutions.
Part 8: Model Articles of Guangdong Provincial Endowment Insurance Regulations
[Key words] Guangdong; Rural social security; economic development; Synchronicity
1、 Theoretical Analysis on the Synchronization of Rural Social Security and Economic Development Stages
Looking at human history, we can find that social security is the product of economic development, and it is also the objective requirement for the healthy, stable and sustainable development of modern economy. Certain economic conditions are the material basis and objective conditions for social security to play its role. However, after economic development, there will inevitably be new requirements for social security, requiring corresponding changes in social security. It can be said that social security and economic development restrict and promote each other. Because social security plays a role in adjusting income distribution, maintaining social fairness, safeguarding the basic rights of social members, and promoting social solidarity and harmony. Through the redistribution of social security, the income gap between different social members can be narrowed, the income of low-income groups can be increased, and the basic life of social members can be guaranteed. At the same time, some incomes of middle - and high-income groups can be properly adjusted, which can promote social equity and achieve social stability to a certain extent. Economic development is the material basis and premise of social security. Economic development and social security promote and restrict each other. The level of economic development determines the level of social security, and to some extent, it is also restricted by the development of social security. Only by establishing and improving a relatively perfect social security system and operating mechanism that are compatible with national economic and social development can we have a stable development environment and achieve social harmony, prosperity and progress.
If social security does not adapt to the stage of economic development, it will affect the sustainability of economic development. In the past, the natural economy under the condition of small production can only produce a family self security mode in which individuals, families and relatives provide security information, while the socialization of production and the operation and development of the commodity economy require social security for the basic life of social members. Only social security for the basic life of social members can reflect the objective requirements of socialized mass production and the development of modern market economy, and the economy can develop, and social security can be gradually improved.
Rural social security is an important part of social security. Without the improvement of rural social security, the social security system of the whole country cannot achieve comprehensive development, and the entire national economy may also encounter "bottlenecks". Therefore, the rural social security must be synchronized with the economic development stage, which can ensure the sustainable development of the country.
2、 Index Design for Realizing the Synchronization of Rural Social Security Construction and Economic Development Stage
The author believes that we should build an evaluation index system for the synchronization of rural social security construction and economic development. It is an important link to ensure the synchronization of rural social security construction and economic development. Therefore, we propose the following evaluation indicators:
1. Economic indicators. That is, the proportion of rural social security expenditure in GDP. GDP is an important standard to measure the economic capacity of a country or region. Therefore, using this indicator can better reflect the scale of rural social security and the appropriateness of economic development. The advantage of this indicator is that it is easy to obtain data and has strong operability. The proportion of social security expenditure in GDP of developed countries and regions is generally between 10% and 20%, and only a few countries and regions have more than 20% or slightly less than 10%. Generally speaking, we should determine an appropriate proportion according to the actual level of the regional national economic development and the recent development trend, and take this appropriate proportion as the level of the short-term macro development goal of the rural social security in the region.
2. Financial indicators. That is, the proportion of rural social security expenditure in fiscal revenue. An appropriate scale of social security expenditure can effectively guarantee the role of social security in promoting the economy, but the scale of social security expenditure must also be based on the financial capacity of the region. A certain amount of fiscal revenue can guarantee the corresponding level of social security expenditure and the sustainable development of social economy; However, the scale of social security expenditure is uncoordinated with the fiscal revenue, especially if the scale of social security expenditure seriously exceeds the scale of fiscal revenue, it will cause damage to the entire national economy. According to relevant data, in the high welfare countries in Western Europe and Northern Europe, more than 45% of the fiscal revenue is used for social security, and more than 1/3 of the fiscal revenue in the United States is used for social security. Social security expenditure is the "big head" of fiscal expenditure in many countries and regions.
3. Content indicators. It is reflected in the scope of rural social security. The content of social security is very broad, such as old-age care, medical care, unemployment, etc., but the scope of social security must be adapted to local conditions and within our capabilities. "" or "timid" practices are not acceptable, but need to be based on economic basis.
4. Fairness indicators. It is reflected in the scope of rural social security objects. Social security has the basic characteristics of universality. Only when it reflects the characteristics of universality can it be guaranteed. However, whether the scope of rural social security objects is wide or not must be coordinated with the economic strength and the stage of economic development.
5. Institutional indicators. Market economy is an economy governed by law, and the standardization of the system is the driving force of economic development. Therefore, with the economic development, the social security system must also be increasingly standardized. The standardization of the social security system is reflected in many specific projects, such as the burden of social security fees, the payment and distribution procedures of social security fees, etc., which need to be standardized by reference to international practices and experience, so as to avoid loopholes and mistakes in the operation and management of the social security system and enable the social security system to better play its role in promoting economic development.
3、 Economic synchronicity evaluation and strategic countermeasures of rural social security construction in Guangdong Province
1. Economic synchronicity evaluation of rural social security construction in Guangdong Province. Guangdong Province is an economically developed area in China. The construction of rural social security must also keep pace with the times and keep pace with economic development. We comprehensively use the above evaluation indicators to analyze the basic situation of rural social security in Guangdong Province:
(1) The proportion of rural social security expenditure in GDP or fiscal revenue is relatively small, and the development pace of rural social security still cannot keep up with the pace of economic and social development. As shown in Table 1, Guangdong's GDP in 2001 was 1203.925 billion yuan, reaching 2620.447 billion yuan in 2006, an increase of 2.2 times; Since 2001, the fiscal revenue of Guangdong has grown rapidly, of which the total fiscal revenue of Guangdong has increased from 254.121 billion yuan in 2001 to 512.225 billion yuan in 2006, a twofold increase. However, according to incomplete statistics, at present, Guangdong governments at all levels are still very limited in spending on rural social security, accounting for 0.01% of the province's GDP and less than 2% of the province's fiscal revenue, and the annual growth rate is far behind the growth rate of GDP and fiscal revenue. (2) The content of rural social security is gradually expanding, but there is still a large gap between urban and rural areas and local areas. In rural areas, the content of social security has gradually expanded. At present, many places have established the old-age insurance system for farmers, the rural "five guarantees" support system, the rural cooperative medical system, and the rural subsistence security system. However, at present, there is no clear division of responsibilities among government departments at all levels, and there is still a large gap between urban and rural areas and local areas. Take the rural cooperative medical care as an example. Some places plan as a whole to the city, and some plan as a whole to the town. The security level and regulations are different, even the gap is huge.
(3) The scope of rural social security objects has been further expanded, but needs to be improved. According to relevant data, at present, most cities in Guangdong Province have established various social security systems, but rural areas are still dominated by family support and land security, and the rural old-age security system has only been established in the Pearl River Delta region, most of the rural areas in the province have not been promoted, only Shenzhen, Dongguan, Zhuhai, Zhongshan Five cities in Foshan have implemented the old-age security system for farmers and farmers whose land has been expropriated. In the Pearl River Delta region, only 1.2 million rural people in five cities are covered. Guangzhou, Jiangmen, and some conditional counties and towns in eastern, western, and northern Guangdong have not yet been established, which is still under exploration, or only a small number of village cadres and landless farmers are provided with old-age insurance. In addition, since Guangdong Province promoted the new rural cooperative medical system in 2002, by 2005, the province had basically established the new rural cooperative medical system, with 25.46 million people participating in the rural cooperative medical system, accounting for only 50.5% of the province's 50.47 million agricultural population.
(4) The rural social security system still needs to be improved. At present, there is no clear division of responsibilities among government departments at all levels. For example, Guangdong basically carries out cooperative medical care in towns, with different charging levels and different levels of security, which is not conducive to the effective use of funds and financial supervision. As far as the competent department is concerned, it used to be the health department (from the provincial health department to the municipal and county health bureaus), but now it is about to be changed into the agricultural department (from the provincial agricultural department to the municipal and county agricultural bureaus), making the grass-roots work basically stagnant. The responsibilities of pension insurance are also unclear. Some insurance companies have made multiple contacts, and together with the Women's Federation, they carried out "safety insurance" for rural children, insurance for rural teachers with the education department, and insurance for rural cadres with the organization department.
2. Strategic countermeasures
(1) Increase financial support. Capital is an important foundation of the social security system. We should increase financial investment in social security, optimize the financial expenditure structure, and establish a rural social security capital investment mechanism that is compatible with the level of economic development and financial revenue. During the 11th Five Year Plan period, Guangdong's financial investment in rural social security should keep pace with the economy, strictly regulate and define the responsibilities and obligations of finance at all levels, ensure the necessary financial investment in rural social security, and incorporate all rural social security revenues and expenditures into the social security budget, conduct unified accounting and management, Put the raising and application of rural social security funds under the restriction and supervision of the public to better ensure the safe and effective use of rural social security funds.
In addition, we need to raise funds through multiple channels and establish a stable rural social security fund raising mechanism. With the aging of the population in Guangdong Province, the transfer of young rural labor force to cities is expanding, and there are more and more elderly people in rural areas. It is not enough to rely on the burden of the state alone. It is necessary to raise funds from various sources, and gradually increase the payment ratio on the basis of proper payment by farmers, but it cannot exceed the affordability of farmers. The collective financing can be transferred from the development fund or agricultural land to non-agricultural land in the village or township, and transferred into the farmers' security fund in proportion. At the same time, efforts should be made to maintain and increase the value of social security funds to improve the return rate of farmers' funds. Social security funds can be used for investment, but the government should provide necessary supervision and policy support to investment institutions to avoid risks.
(2) We will legalize rural social security. Experience has proved that the social security system of developed countries is relatively mature, on the one hand, it has strong economic strength, on the other hand, it is enforced by a complete legal system. In the absence of a unified social security law, Guangdong Province should establish a unified social security law specifically applicable to rural areas within the province, stipulate the establishment of the most basic rural social security system within the province, and encourage competent local governments to establish a higher-level rural social security system. The short-term goal is to provide for the establishment of a rural "five guarantees" support system, a rural cooperative medical system, and a rural minimum living security system in rural areas across the province, and gradually establish basic old-age insurance, standardize behavior with systems, and ensure that more and more farmers are covered by rural social security.
Part 9: Model Articles of Guangdong Provincial Endowment Insurance Regulations
The Regulations on National Social Security Fund will be implemented on May 1. For the first time, the regulations of the State Council have clarified the operation norms of social security funds, which also makes the expectation of 100 billion yuan pension entering the market more intense. As we all know, the social security fund is known as the "wind vane of the stock market", and its every move is concerned by the market. Social security funds generally focus on medium - and long-term investment. Therefore, the entry of social security funds into the market indicates that the medium - and long-term stock market trend is positive.
Social security fund investment is not equal to "pension entering the market"
The promulgation of this regulation not only shows that the National Social Security Fund Council, which is in charge of nearly two trillion yuan of assets, can finally operate people's "life support money" in accordance with the law, but also means that the pace of basic pension entering the market is gradually approaching.
However, social security fund investment and the often said "pension entering the market" are two different but related concepts.
The National Social Security Fund, established in August 2000, is a national social security reserve fund, which is specially used to supplement and adjust social security expenditures such as pension insurance at the peak of population aging.
Pension entering the market means that the balance of the basic pension insurance fund (the pension insurance funds paid by urban enterprises and employees) is used for investment and operation to gain value in addition to ensuring the pension paid in the current period. This idea was first proposed by Guo Shuqing, then Chairman of the CSRC, in 2011.
Although it only serves as the "spare tire", the total assets of the social security fund have reached the trillion yuan level, just like the "five insurances and one fund". In 2014, the total income of five social insurance funds (including basic pension insurance for urban and rural residents) was 3.98 trillion yuan, and the total assets of social insurance funds in the same period were 1.54 trillion yuan.
In 2006, the National Social Security Fund began to accept pension investment entrustments from some places. In December of that year, the Council of Social Security Fund was entrusted to manage nine pilot provinces and cities of central financial subsidies to replenish pension insurance individual account funds; In March 2012, the Guangdong Provincial Government entrusted the Council of Social Security Fund to invest and operate 100 billion yuan of the balance of basic endowment insurance in Guangdong Province; In July 2015, Shandong Province decided to entrust the social security fund council with the investment and operation of the 100 billion yuan employee pension insurance balance fund.
Therefore, from the source of fund equity, the investment of the National Social Security Fund currently includes three parts: the National Social Security Fund, the pilot fund for personal accounts, and the provincial government entrusted funds.
The investment scope of the National Social Security Fund includes deposits, stocks, securities investment funds, etc. at home and abroad. The historical highest level of return on investment was 43.19% in 2007, and the lowest level was - 6.79% in 2008, the year of the global financial crisis. The yield of 16.12% obtained in 2009 was the highest level after the economic crisis, and the yield in 2015 was close to this value.
The investment operation of the National Social Security Fund can be divided into two types: direct investment by the Social Security Fund Council and "entrusted investment". The entrusted investment refers to the investment of the Social Security Fund entrusted by the Social Security Fund to domestic and overseas investment managers to operate the social security fund. Since the social security fund started entrusted investment in 2003, the proportion of entrusted investment has soared from the initial 24.07% to 49.74% in 2014. It is understood that "the funds of social security funds in the stock market come from the channel of entrusted investment".
How many waves can set off the A-share market
According to the estimation of the Ministry of Human Resources and Social Security, the current scale of pension entrusted investment and operation funds is about 2 trillion yuan, and at 30%, there will be 600 billion yuan of funds available to the market. However, Jin Weigang, director of the Social Security Research Institute of the Ministry of Human Resources and Social Security, said that due to the low level of overall planning of basic pension insurance funds and the relatively decentralized funds, it would be good for the collected pension funds to exceed one trillion yuan this year. After the introduction of the detailed rules for investment and operation of basic pension funds, the amount of investment and operation funds could not be as high as the social expectations.
It is undeniable that the expectation of pension entering the market is strong, which has more or less boosted the market. On the one hand, pension funds are long-term funds, which may bring some new liquidity support to the market; On the other hand, it lies in the unique identity of pension funds, or indicates that the current market position has basically possessed investment value.
However, as the pension money of the common people, the security of pension entering the market needs to be highly valued. Among them, in accordance with the relevant rules, in order to ensure the safety of the fund, the investment institution and the trustee respectively set up risk reserves at 20% of the management fee and 1% of the annual investment income to specifically deal with the possible losses of pension fund investment.
According to the Measures for the Investment Management of Basic Endowment Insurance Funds issued by the State Council at the earlier stage, the proportion of investment in stocks, mixed funds, and stock based pension products should not exceed 30% of the net asset value of pension funds in total; Participation in stock index futures and treasury bond futures trading can only be for the purpose of hedging.
Therefore, as a long-term investment fund, the pension fund may not have a large scale of capital actually entering the market, and its purpose of entering the market is not to rescue and support the market, but its psychological impact on the market will be far greater than the actual impact. However, from another perspective, with the strong expectation of pension entering the market, it will also bring some positive expectations to the market.
"God" like achievements
The social security fund has maintained its "divine" achievements for many years. According to the data, the national social security fund started from the financial allocation of 20 billion yuan in 2000, and by the end of 2015, its scale was close to 2 trillion yuan. The cumulative investment income was 713.334 billion yuan, and the average annual return on investment over the past 15 years was 8.82%. We can see that the size of social security funds has increased 74 times in 15 years, outperforming GDP, defeating inflation and winning due returns in the risk market.
The first investment logic for the social security fund to maintain its unbeaten performance in the past 15 years is: 1. security; 2. Profitability; 3. Long term. Therefore, it is easy to get the conclusion that the social security fund will choose blue chips with excellent performance as the investment target in the market. Because blue chips have good performance, stable trend, and sufficient ability to continue to pay dividends, this meets the three investment logics of the social security fund.
If the rise of the index in a stock market is centered on the rise of blue chip stocks, will there be sharp rises and falls? At present, the valuation of the whole blue chip sector is generally low, and the value of most blue chips has not been truly reflected due to the deviation of the market investment concept in the early stage, so there is still relatively large investment space for blue chips.
The entry of social security funds into the market will not only bring continuous capital increase to the market, but also help the governance structure of listed companies, because when the social security funds become the main shareholders of listed companies, they will provide some help to the daily operation of the company, and also play a supervisory role in the operation and management of the company.
