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Participation in social insurance of foreigners employed and female employees’ maternity leave policies in Shanghai?

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1、How do foreigners employed in China to participate in social insurances and enjoy the benefits of social insurances?
 
    The Social Insurance Law of the People's Republic of China(2011.7.1),article 97:Foreigners working within the territory of China shall participate in social insurance by reference to the provisions of this Law.
   
    Interim Measures for the Participation in Social Insurance of Foreigners Employed in China(2011.10.15):Measures formulated in accordance with the Law of the People’s Republic of China for Social Insurances (“Social Insurance Law”), for the purpose of protecting the lawful rights and interests of Foreigners employed in China to participate in social insurances and enjoy the benefits of social insurances, as well as for the purpose of strengthening the management of social insurances.


    Of the Law of the People’s Republic of China for Social Insurances:“Foreigner employed in China” means a person who is not of Chinese nationality holding employment certificates and foreigner residence permit certificates such as Work Permit for Foreigners, Foreign Expert Certificate, and Permit for Permanent Foreign Journalists, as well as Foreigner Permanent Residence Certificate, and who is employed lawfully with the territory of China.
Foreigners employed by organizations duly incorporated or registered in China such as enterprises, public institutions, social organizations, private non-enterprise entities, foundations, law firms, accounting firms, etc. (“Employer”), shall participate in basic pension insurance for employees, basic medical insurance for employees, work related injury insurance, unemployment insurance and maternity insurance. The insurance premiums shall be paid by the Employer and the foreigner pursuant to the applicable regulations.
A foreigner, who has concluded an employment contract with his overseas employer and then dispatched to any branch or representative office duly incorporated or registered in China (“Domestic Work Unit”), shall participate in basic pension insurance for employees, basic medical insurance for employees, work related injury insurance, unemployment insurance and maternity insurance. The insurance premiums shall be paid by the Domestic Work Unit and the foreigner pursuant to the applicable regulations.
An Employer who employs any foreigner shall product the social insurance registration for the foreigner within 30 days upon issuance of his/her employment certificate.
The Domestic Work Unit shall product the social insurance registration for the foreigner who is dispatched to China by his/her overseas employer.
The agencies issuing the employment certificate for the foreigners shall report the employment related information of the foreigners in China to the local social insurance agencies. The social insurance agencies shall regularly inquire about the status of the employment certificates of foreigners with the relevant agencies.
Where a foreigner participating in the social insurances satisfies the prescribed conditions, he/she may enjoy the social insurance benefits.
  
2、How female employees  enjoy  maternity leave policies in Shanghai?
    Notice of Shanghai Municipal People's Government on the Provisions on Implementing the Special Provisions on Labor Protection for Female Employees and Regulating the Childbearing Insurance Benefits for Female Employees of This Municipality (2013.1.19---2017.12.31):

   I. On the duration of the maternity leave for female employees of this Municipality
   A female employee of this Municipality may enjoy a 98-day maternity leave, including a 15-day leave prior to the childbirth; she may enjoy an additional 15-day maternity leave if she has a difficult delivery; she who brings forth more than one child at a birth may enjoy an additional 15-day maternity leave for each additional child she brings forth; she may enjoy an additional 30-day maternity leave if she meets the conditions for late childbearing under the family planning policy.
   A female employee of this Municipality may enjoy a 15-day maternity leave if she undergoes an abortion after being pregnant for less than four months, and may enjoy a 42-day maternity leave if she undergoes an abortion after being pregnant for four months or longer.

   II. On the benefits for female employees of this Municipality during their maternity leave

   If a female employee of this Municipality undergoes childbirth or an abortion complying with the provisions on family planning, she may enjoy the childbearing living allowances according to the following provisions:

   1). If a female employee who participates in the urban childbearing insurance of this Municipality undergoes childbirth or an abortion, her childbearing living allowance is the previous-year average monthly salary of the employees in her employer unit, divided by 30, and then multiplied by the number of the maternity-leave days she enjoys, and the allowance needed shall be paid by the urban childbearing insurance fund of this Municipality.

   2). If the childbearing living allowance enjoyed by a female employee of this Municipality is lower than her wage standard prior to her maternity leave, Clause 1 of Article 27 of the Law of the People's Republic of China on Ensuring Women's Rights and Interests and Article 5 of the Special Provisions on Labor Protection for Female Employees shall apply.

   3). If a female employee who fails to participate in the urban childbearing insurance of this Municipality undergoes childbirth or an abortion, her childbearing living allowance shall be calculated and granted according to her wage standard prior to her maternity leave and the number of the maternity-leave days she enjoys, and the allowance needed shall be paid by her employer unit.

This Notice shall be effective as of the date of printing and distribution until December 31, 2017.

   3.A female employee who participates in the urban childbearing insurance of Shanghai Municipality ,If she meets the conditions for late childbearing under the family planning policy, her husband can enjoy three days paternity leave. If she doesn’t meet the conditions for late childbearing under the family planning policy, her husband shall not  enjoy three days paternity leave.
 

  

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