Archived（May 31, 2018）
（Adopted at the 16th meeting of the Standing Committee of the 5th Shenzhen Municipal People’s Congress on June 28, 2012）
Article 1 These provisions are formulated in accordance with basic principles of the Social Insurance Law of People's Republic of China and other laws and administrative regulations, as well as in the light of the realities of Shenzhen Special Economic Zone (hereinafter referred to as “the Special Zone”) for the purpose of guaranteeing basic living condition of the unemployed and promoting their re-employment.
Article 2 An employee shall participate in unemployment insurance, and the premium shall be shared according to the statutory standard by the employee and the enterprise, the state organ, the institution, the public organization, the private non-enterprise unit, the town individual economic organization, or other social organization (hereinafter referred to as “the employer”) in the Special Zone, which has established labor relationship with the employee
The civil servants, the staff managed with reference to the Civil Servant Law of the People's Republic of China, and the institution staff shall participate in unemployment insurance in accordance with other relevant provisions.
Article 3 The Social Insurance Agency of Shenzhen shall be responsible for the management and service of unemployment insurance, including collecting the unemployment insurance premium, paying the unemployment insurance treatments and so on.
Article 4 The standards of paying the unemployment insurance premium are as follows:
(1) The employer shall pay the premium per month at 2% of the monthly minimum wage decided by Shenzhen, multiplying with the total number of it's employees who shall participate in the unemployment insurance.
(2) The employee shall pay the premium per month at 1% of the monthly minimum wage decided by Shenzhen.
Article 5 The Unemployment Insurance Fund shall be used for the payment of the unemployment insurance treatments determined by these provisions and the fees related to unemployment insurance stipulated by the state.
Article 6 The downward floating rate system shall be implemented for collecting the unemployment insurance premium from the employer and the floating range shall not exceed 40% of the collection standards of the unemployment insurance premium.
The specific floating range of the unemployment insurance premium collection rate shall be determined by the Social Insurance Agency of Shenzhen, in accordance with the proportion between the unemployment insurance premium paid by the employer in the last year and the unemployed insurance benefits received by the employees, the proportion of dismissing employees and the proportion of job placement etc. Specific measures for which shall be formulated separately by the Shenzhen Municipal Government.
Article 7 An unemployed who meets the statutory requirements may enjoy the following unemployment insurance treatments:
(1) Where the unemployed would receive the unemployment insurance benefits per month, the amount of the benefits shall be 80% of monthly minimum wage decided by Shenzhen.
(2) During the period of receiving the unemployment insurance benefits, the unemployed shall participate in the medical insurance and enjoy medical insurance treatments in accordance with the regulations of Shenzhen medical insurance. The medical insurance premium shall be paid by the Unemployment Insurance Fund.
(3) If the unemployed passes away during the period of receiving unemployment insurance benefits, his/her family survivor(s) may apply for one-off funeral subsidy and the pension.
（4）The unemployed may enjoy the service of job introduction, job training and the subsidies in accordance with the relevant provisions during the period of receiving unemployment insurance benefits.
Article 8 The term for the unemployed to receive the unemployment insurance benefits shall be determined in light of the payment years of the unemployment insurance premium.
(1) Where the payment is less than 4 years, the term of receiving the unemployment insurance benefits shall be one month for every payment year.
(2) Where the payment is more than 4 years, the term of receiving the unemployment insurance benefits shall increase one month for every half payment year in excess of 4 years. The term to receive the unemployment insurance benefits shall not exceed 24 months at any time.
Article 9 The Social Insurance Agency of Shenzhen shall verify the qualification of the applicant and inform the applicant of the application result and other relevant matters within five working days upon accepting the application of the unemployed for receiving unemployment insurance benefits.
The Social Insurance Agency of Shenzhen shall pay the unemployment insurance benefits from the next month after accepting the application, and handles the formalities of participating in medical insurance for the unemployed, who was verified as meeting the statuary requirements by the agency.
The term of receiving the unemployment insurance benefits shall be calculated from the month when the Social Security Agency pays the unemployment insurance benefits to the unemployed.
Article 10 When an employer rescinds or terminates a labor contract, it shall issue a written confirmation of the termination or dissolution of labor relationship for the employee timely. Moreover, the employer shall indicate the specific reason for the termination or dissolution of the labor relations in accordance with the Labor Contract Law of People's Republic of China, and inform the unemployed, whose employment is interrupted not of his/her own willingness, that he/she may enjoy the unemployment insurance treatments in accordance with the relevant provisions.
The employer shall submit the name list of the unemployed, whose employment is interrupted not of his/her own willingness, to the Social Security Agency of Shenzhen within 15 days from the date of termination or dissolution of the labor relationship.
If an employer refuses to issue a written confirmation of the termination or dissolution of labor relationship, the unemployed may complain to the Department of Human Resources and Social Security of Shenzhen (DHRSS), and the DHRSS shall order the employer to issue a written confirmation. If the employer still refuses, the MHRSS shall impose a fine of 5000 Yuan per an unemployed on the employer. If the employer’s refusal of issuing a written confirmation results in the incapability of the unemployed to enjoy the unemployment insurance treatments, the unemployment insurance treatments of the unemployed shall be paid by the employer.
Article 10 If an employer handles the unemployment insurance formalities for anyone, who does not meet the statuary requirements, the unemployment insurance relationship shall be invalid and the paid-up unemployment insurance premium shall be sent back to the employer and the employee respectively, while the interests on that premium shall be merged into the Unemployment Insurance Fund. The unemployment insurance treatments paid shall be taken back.
If an employer frauds to handle the unemployment insurance formalities for anyone, who does not meet the statuary requirements, and the unemployment insurance treatments have not been paid, the Social Insurance Agency of Shenzhen shall impose a fine of 5000 Yuan per person on the employer and the illegal insured in accordance with the number of the illegal insured. If the unemployment insurance treatments have been paid, the employer and the illegal insured shall be fined five times of the paid unemployment insurance treatments.
If an employer frauds, it shall bear the joint responsibility for what the illegal insured shall bear.
The Social Insurance Agency of Shenzhen shall disclose the violations of the employer to the public, and incorporate them into the enterprises’ credit records.
Article 12 Prior to the implementation of these provisions, the employees without residence registration in Shenzhen and their employers may pay the unemployment insurance premium in arrears from July 1st, 2011 to the implementation date of these provisions in accordance with the standards determined by these provisions.
Article 13 Matters not covered by these provisions shall be conducted by related laws and regulations of Guangdong province and the State.
Article 14 The Shenzhen municipal government shall formulate the specific measures, which shall be formulated in accordance with these provisions, within six months from the date of the implementation of these provisions.
Article 15 These provisions shall take effect from January 1st, 2013.
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