Notice of Beijing Municipal Human Resources and Social Security Bureau, Beijing Municipal Education Commission and other departments on the participation of internship students in vocational schools i
Jingren Social Work Fa [2023] No.36
District Human Resources and Social Security Bureau, Finance Bureau, Social Affairs Bureau of Beijing Economic and Technological Development Zone, Social Insurance Security Center, Financial Audit Bureau, District Education Committee, State Taxation Administration of The People’s Republic of China Beijing District (District) Taxation Bureau, vocational schools and relevant units:
In order to explore and expand the coverage of work-related injury insurance, support the high-quality development of vocational education, protect the legitimate rights and interests of interns in vocational schools (hereinafter referred to as interns), and further disperse the work-related injury risks of employers, according to the requirements of the state and this Municipality on interns participating in work-related injury insurance, according to the Regulations on Work-related Injury Insurance and Several Provisions on the Implementation of the Regulations on Work-related Injury Insurance in Beijing, and combined with the actual situation of this Municipality, the relevant matters concerning interns participating in work-related injury insurance are hereby notified as follows:
One,Enterprises, state organs, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees (hereinafter referred to as internship units) within the administrative area of this Municipality may participate in work-related injury insurance according to the single type of insurance.
Second,The term "intern" as mentioned in this Notice refers to the students who have reached the age of 16 and are arranged or approved by vocational schools (including technical schools) to go to the internship units in this Municipality for on-the-job internship.
Other schools in accordance with the provisions of the vocational education students’ internship, can refer to the implementation.
Third,When the internship unit handles the insurance procedures for the interns it receives, it shall provide the internship agreement signed by the intern’s school, internship unit and interns according to the relevant provisions of the state and other materials, and inform the insured person of the rights and obligations of work-related injury insurance in a timely manner. The enrollment period should be consistent with the internship period.
The social insurance agency shall handle the insurance registration in accordance with the regulations, and guide the internship unit to make a commitment to comply with the requirements of this notice and the relevant provisions of work-related injury insurance. If the internship unit violates the commitments or makes false promises, it shall bear corresponding legal responsibilities.
Fourth,If the internship unit participates in work-related injury insurance for the interns received according to the single insurance type and pays the work-related injury insurance premium in full and on time, the work-related injury insurance relationship will take effect. Do not pay the work-related injury insurance premium.
If the tripartite internship agreement is terminated or dissolved, the internship unit shall go through the formalities of stopping the insurance at the social insurance agency in time. If the intern is in the period of shutdown with pay, the industrial injury insurance relationship will not be terminated temporarily.
Five,The internship unit shall pay the real name monthly for interns to participate in work-related injury insurance, and individuals shall not pay work-related injury insurance premiums.
The payment base is approved according to the internship remuneration of interns. If the approved payment base is lower than the lower limit of the social insurance payment wage base published by this Municipality, the payment shall be made according to the lower limit of the payment base; If it exceeds the upper limit of the social insurance payment base announced by this Municipality, it shall be paid according to the upper limit of the payment base.
The payment rate is determined according to the industrial injury insurance rate standard of the internship unit. Social insurance agencies shall do a good job in adjusting floating rates according to regulations.
Six,If the internship unit handles the insurance payment for interns according to the provisions of this notice, and the interns suffer from accidents or occupational diseases due to work during this period, their work-related injury identification, labor ability appraisal and work-related injury insurance benefits to be paid by the work-related injury insurance fund shall be implemented with reference to the Regulations on Work-related Injury Insurance and Several Provisions on the Implementation of the Regulations on Work-related Injury Insurance in Beijing.
If the internship unit fails to participate in work-related injury insurance for interns according to this notice, the administrative department of human resources and social security will not accept the application for work-related injury identification.
Seven,Where an application for ascertainment of a work-related injury is filed, the internship unit or interns and their close relatives shall submit relevant materials other than the labor (personnel) relationship certification materials according to the prescribed time limit and requirements, and the administrative department of human resources and social security shall verify the tripartite internship agreement and other materials about the internship of interns in the internship unit.
If the internship unit fails to apply for work-related injury identification within the prescribed time limit, the relevant expenses such as work-related injury benefits that meet the requirements of this notice shall be borne by the internship unit during this period.
Relevant work-related injury identification documents shall specify the internship unit and affiliated school of interns.
Eight,Interns who are disabled due to work are identified as five to ten disabilities. When the tripartite internship agreement is terminated or dissolved, they are eligible for treatment. The work-related injury insurance fund will pay a one-time work-related injury medical subsidy according to regulations, and the work-related injury insurance relationship will be terminated.
Interns with work-related disabilities are identified as Grade I to Grade IV disabilities, and those who meet the eligibility for treatment shall go through the management procedures for socialized payment of treatment at the social insurance agency in the insured area.
Nine,The relevant treatment expenses beyond the scope of work-related injury insurance fund payment can be settled through consultation with interns in accordance with the relevant tripartite internship agreement or agreement; If negotiation fails, it can be handled through relevant legal channels.
Encourage internship units to buy personal accident insurance for interns they receive, so as to provide better protection for interns.
Ten,If the internship unit participates in work-related injury insurance for interns according to this notice, it will not be used as the basis for confirming the existence of labor relations between the two parties.
Eleven,Practice units should standardize the practice management, implement the relevant provisions and requirements of safety production and occupational disease prevention, provide corresponding labor protection, strengthen the education and management of interns’ safety production and occupational disease prevention, do a good job in industrial injury prevention, and avoid and reduce the occurrence of industrial accidents and occupational diseases.
Twelve,Municipal social insurance agencies should standardize the process of registration of interns and other related businesses, continuously strengthen information construction in light of the actual situation, strengthen the sharing of data resources, do a good job in special statistics on interns’ participation in insurance and payment of benefits, and continuously improve the standardization and convenience level of business handling.
Thirteen,Units or individuals who cheat work-related injury insurance benefits by fraud, forgery of certification materials or other means shall be dealt with in accordance with the Social Insurance Law of People’s Republic of China (PRC), Regulations on Work-related Injury Insurance, Measures for Social Insurance Auditing, and Several Provisions on the Implementation of Regulations on Work-related Injury Insurance in Beijing.
Fourteen,The Municipal Bureau of Human Resources and Social Security shall, jointly with the Municipal Education Commission, the Municipal Finance Bureau and the Beijing Municipal Taxation Bureau, organize and implement interns’ participation in work-related injury insurance. The Municipal Education Commission and the Municipal Human Resources and Social Security Bureau respectively guide relevant schools to actively coordinate internship units to participate in work-related injury insurance for interns according to their management responsibilities. Beijing Municipal Taxation Bureau is responsible for the collection of work-related injury insurance premiums for interns. The Municipal Human Resources and Social Security Bureau, the Municipal Education Commission, the Municipal Finance Bureau and the Beijing Municipal Taxation Bureau shall carry out supervision and management according to their respective duties.
15,This notice shall be interpreted by the Municipal Human Resources and Social Security Bureau, the Municipal Education Commission, the Municipal Finance Bureau and the Beijing Municipal Taxation Bureau according to their duties.
16,This notice shall come into force as of February 1, 2024. If the state and this Municipality have new provisions, those provisions shall prevail.
Beijing Municipal Bureau of Human Resources and Social Security
Beijing Municipal Commission of Education
beijing finance bureau
State Taxation Administration of The People’s Republic of China Beijing Municipal Taxation Bureau
December 21, 2023