On duty and for work? What are the differences in relationships and treatment?

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This post was last edited by Zhongyuanren on 2016-11-13 15:27. For work reasons or on business? What are the differences in relationships and treatment? Following the big explosion in Tianjin, the disparity in benefits between contract firefighters and full-time firefighters drew attention, primarily due to the difference between their part-time and full-time status (see \"Benefits for Regular and Contract Firefighters\"). Of course, by starting with the treatment of martyrs, it was achieved that heroes, as requested by the prime minister, had no distinction between those on the official roster and those not. Today, we will discuss the issue of differences in benefits related to work that arise from labor and personnel relationships versus those that do not stem from such relationships. Labor relations vs. personnel relations: Before 2011, work-related injury insurance was extended from enterprises to public institutions and government agencies. Due to the differences between labor relations and personnel relations, injuries sustained at work were classified as either work-related or service-related; different regulations applied, different standards for benefits existed, and different channels were used for covering related costs. Details are omitted here. 1. Work-related injuries: Article 2 of the 1996 “Interim Measures for Work-Related Injury Insurance for Enterprise Employees” defines the scope as “enterprises”. Article 2 of the Regulations on Work-related Injury Insurance, implemented in 2004, specifies that its scope applies to \"all types of enterprises and self-employed individuals with employees (hereinafter referred to as employers)\\", excluding government agencies and public institutions; in other words, it applies only to labor relations and not to personnel relations. 2. Work-related injuries: Labor relations + personnel relations (in public institutions). Article 2 of the revised \"Regulations on Work-related Injury Insurance\", which came into effect in 2011, defines the scope as including \"enterprises, public institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations, as well as individual industrial and commercial households with employees (hereinafter referred to as employers)\". This has expanded the concept of labor relations to include personnel relations as well; however, personnel relations only apply to public institutions and social organizations. 3. Work-related injuries: Labor relationship + personnel relationship. Article 33 of the Social Insurance Law, which came into effect in July 2011, stipulates that employees shall be covered by work-related injury insurance; the employer is responsible for paying the premiums for this insurance, while employees do not have to pay any such premiums. The shift from “workers” to “employees” signifies a change from labor relations to personnel relations; from then on, all government agencies and public institutions were included under work-related injury insurance. Therefore, nowadays, whether they are employees of government agencies or public institutions, or employees of enterprises, and regardless of whether their employment relationship is based on personnel regulations or labor contracts, all are covered by the \"Regulations on Work-related Injury Insurance.\" Those who suffer work-related injuries or deaths are entitled to work-related injury insurance benefits in accordance with unified standards. On-duty vs. for official business: labor and personnel relationship vs. citizenship. If there is no labor and personnel relationship and one is merely an ordinary citizen, what benefits are available in the event of injury or death while on official business? I. Labor and personnel relations vs. citizens 1. Employees: Treated as work-related injuries Article 15 of the Regulations on Work-Related Injury Insurance: An employee is considered to have a work-related injury under any of the following circumstances: … (2) Being injured while participating in activities aimed at protecting national interests or public interests, such as emergency rescue operations ； ……. 2. Citizens (1) Who have sacrificed their lives: Martyrs. Article 8 of the Regulations on the Commendation of Martyrs: Citizens who sacrifice their lives under any of the following circumstances shall be recognized as martyrs: … (2) Those who sacrifice themselves in emergency rescue operations or other efforts to save and protect property, collective property, or the lives and property of citizens ； ……(5) Other cases of sacrifice that are particularly outstanding and serve as excellent examples. (2) Disabled: Those who became disabled as a result of working-related injuries. Article 2, Paragraph 1 of the Measures for the Administration of Disability Pensions: These measures apply to the following Chinese citizens: … (5) Those who became disabled while fighting against criminals in order to maintain public order ； (VI) Those who have been disabled in the effort to rescue and protect **property and the lives and property of people ； ……. 3. In cases where it is considered an work-related injury, no further procedures for disability compensation related to work are required. What should be done for those who have the status of employees, meet the criteria for work-related injuries or injuries deemed as such under the Regulations on Work-Related Injury Insurance, and at the same time meet the requirements outlined in the Measures for the Administration of Disability Compensation due to their status as citizens? Article 2, Paragraph 2 of the Measures for the Administration of Disability Pensions: For the persons listed in items (4), (5), and (6) of the preceding paragraph, those who are to be considered as having suffered work-related injuries in accordance with the Regulations on Work-Related Injury Insurance, no further procedures for disability pensions due to combat or work-related injuries will be carried out. II. Death at work vs. sacrifice: Different benefits (1) Different one-time subsidies 1. Death at work: A one-time subsidy equal to 20 times the per capita disposable income of urban residents nationwide in the previous year. 2. In the case of sacrifice, in addition to receiving a compensation fund for martyrs (calculated as 30 times the per capita disposable income of urban residents nationwide in the year of the martyr’s death), the beneficiaries also receive: (1) For those with an employment relationship: a one-time subsidy for death at work as well as a special subsidy for the martyr’s family members equivalent to 40 months’ worth of the martyr’s salary. (2) For those without an employment relationship: a one-time pension (calculated as 20 times the per capita disposable income of urban residents nationwide in the year of the martyr’s death plus 40 months’ worth of the salary of a low-ranking officer in the People’s Liberation Army). (2) Different regular pensions 1. Pension for relatives dependent on the deceased worker is paid at a certain percentage of the worker’s own salary to those relatives who relied on the deceased worker for their main source of income and who have no working capacity. The standard is: 40% per month for spouses, 30% per month for other relatives; an additional 10% per month is added to the above standard for elderly people without family support or orphans. The total amount of pensions for the approved dependents shall not exceed the salary of the employee who died from work-related causes during his or her lifetime. 2. The standard for the periodic pension in case of sacrifice is determined with reference to the average income level of urban and rural households across the country, and it is adjusted annually. (III) Funeral benefits: 1. In the case of an employee who dies as a result of work-related injuries, their close relatives are entitled to receive funeral benefits equal to 6 months’ worth of the average monthly wage of employees in the relevant region for the previous year. 2. If a survivor of a martyr who received regular pensions passes away, an additional amount equivalent to 6 months of the pension they were receiving is granted as a funeral subsidy. (IV) Special benefits for the survivors of martyrs: 1. Survivors of martyrs enjoy corresponding medical discounts. 2. Preferential employment policies: The children and siblings of martyrs, if they volunteer and meet the requirements for military service, will be given priority in being accepted for military service under equal conditions. Children of martyrs who meet the requirements for becoming civil servants shall be given priority in being recruited as such, on equal terms. If the survivors of martyrs meet the employment requirements, the local people’s **human resources and social security departments shall provide them with employment services on a priority basis. Relatives of martyrs who are employed should be given priority for retention when employers carry out economic layoffs. 3. Admission preferences 4. Other preferences: Families of martyrs who engage in self-employment are entitled to preferential policies. Relatives of martyrs are given priority in renting low-rent housing and purchasing affordable housing. III. Work-related injuries vs. disabilities due to work: There are many benefits associated with work-related injuries, which can be roughly divided into three categories: first, the benefits provided during medical treatment and rehabilitation (1. Medical treatment and rehabilitation benefits for work-related injuries) ； 2. Hospital meal allowance ； 3. Salary continuation during suspension of work. ); secondly, a one-time economic compensation ； (One-time disability allowance ； One-time work-related injury medical allowance and disability employment allowance ； One-time death benefits, etc.); thirdly, long-term benefits for living support ； (Disability allowance, living care allowance). For details, see the Regulations on Work-related Injury Insurance. The benefits for those injured on duty are determined in accordance with the standards set out in the Regulations on Pensions and Preferential Treatments for Military Personnel; the specific amounts are adjusted annually by the civil affairs department, as detailed in the relevant documents issued by that department.