designation of jurisdiction

By King & Wood Mallesons’ Labor Group

Beijing Implementation Rules on Regulations on Work-Related Injury Insurance (Beijing Municipal Decree No. 242) (hereinafter "the Rules") was released and effective on December 5th, 2011. Based on the Regulations on Work-Related Injury Insurance promulgated by the State Council of the People’ s Republic of China and taking into consideration the Beijing practice, the Rules details the determination of work-related injuries, appraisal of work capability, and payment of work-related injury benefits, etc.

With regard to the determination procedure of work-related injuries, the Rules for the first time ever provides that if labor dispute concerning determination of the employment relationship affects the determination of work-related injuries, the labor dispute must be resolved in accordance with law before the application for work-related injury determination, and the time for resolving the labor dispute is excluded from the time limit for applying for the determination. In addition, the Rules establishes the scheme of designation of jurisdiction for work-related injury determination, i.e. when departments of work-related injury determination at district or county level deem that the application for determination is out of their jurisdiction, they shall report the application to the municipal social insurance administrative departments for designation of jurisdiction.

Continue Reading Beijing Released New Regulations on Work-Related Injury Insurance: Time for Resolving Labor Disputes Excluded from Time Limit for Applying for Work-Related Injuries Determination

作者:金杜律师事务所劳动

《北京市实施〈工伤保险条例〉若干规定》(北京市人民政府令第242号)(以下简称“《规定》”)已于2011年12月5日发布并实施。《规定》在国务院《工伤保险条例》的基础上,结合北京市的实际情况,对工伤认定、劳动能力鉴定、工伤保险待遇支付等方面进行了细化规定。

在工伤认定程序上,《规定》首次提出,因确认劳动关系发生争议而影响工伤认定的,应当在申请工伤认定前依法解决劳动争议,且解决劳动争议的时间将不计算在工伤认定申请时限内。此外,《规定》还建立了工伤认定的指定管辖制度,即区、县工伤鉴定部门认为工伤认定申请不属于本辖区管辖的,应当及时报请市社会保险行政部门指定管辖。


Continue Reading 北京出台实施工伤保险新规:解决劳动争议不计入工伤认定申请时限