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Corporate Service - China

Question

FAQ Regarding Social Insurance in China

Answer
Q:
How should social insurance be paid for if under unemployment without renewal of labour contract?
A:
Before social insurance buyers are recruited, employee pension insurance could be chosen as Flexible Employment workers, or registered residents could choose to pay for endowment insurance for urban and rural residents at local place.

Q:
Could Chinese working aboard buy social insurance in China?
A:
Chinese residents working aboard with their Chinese nationality could buy Employment Basic Employee Pension Insurance or Basic Pension Insurance for Urban and Rural Residents based on relevant policies. However, as a global routine, most countries strictly force foreigners working in town to buy national social insurance, offering national treatments through local legislation.

Q:
If staff working at constructive site who have bought Employment Injury Insurance get injured during construction period, how could they get compensation? Would the compensation be paid as normal treatment for employment injury?  
A:
Projects participated in Employment Injury Insurance; this insurance covers all staff working for enterprises like labour dispatch and professional subcontractor. Employers get injured during construction period could claim for compensation through local social insurance administrative apartment, where the constructive site located.

Q:
If the company rejects to testify employment injury for workers who fall from height, could workers visit the Human Resources and Social Security Department for injury verification on their own?  Could their families claim as substitute? Is there a limited time for injury verification?
A: Yes. According to the Industrial Injury Insurance Regulations, Number 17th statement, if the company refuses to obey the regulation, families or staff themselves, or the Labour Union Organization could claim for injury verification through the Social Insurance Administrative Department within a year since the date of injury.

Q:
If migrant workers suspend employment, could they still be insured for pension under the status of flexible employment as individuals? If recruited, how do they make up the suspended endowment insurance?
A: Migrant workers who do not work in cities or towns could not join in basic Employee Endowment Insurance but Countryside Citizens Endowment Insurance as regulated. Migrant workers who work in cities or towns as industrial and commercial individuals, would be allowed to join in Employee Endowment Insurance as individuals as the local province regulation stated. As for suspending payment for social insurance, the relevant regulation indicates that industrial and commercial individuals in cities or towns and flexible workers are not allowed to prolong the payment term by compensating payment afterwards.

Q:
For workers who pay for Endowment Insurance on their own, a 15-year payment term should be the minimum, if not reached, could it be a one-off payment to make up the difference?
A:
Based on national regulation, people who join in Endowment Insurance get basic pension paid monthly should meet the following two requirements: the first one is reaching the lawful age for retirement, the second is that the payment term reaches or over 15 years. Individuals who take part in Endowment Insurance fail to reach the 15-year payment term, could expand the term to the 15th year. Otherwise, individuals may also transfer to their household registered Countryside and Town Endowment Insurance, enjoying relevant treatment as regulated. Before the Social Insurance Law committed, insured individuals who have expanded 5 years but fail to reach the 15-year payment term, are permitted to make a one-time payment.

Q:
If the insured passed away, would the balance in their personal account be “confiscated”?
A:
According to the “Social Insurance Law”, no matter during the employment or during their retirement, the balance could be inherited even if the insured pass away by law.

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