Document No (9) 2004
Issued by Pension Policy Division
Shanghai Municipal Labour & Social Security Bureau, March 15th, 2004
To All District & County People’s Governments, All Municipal Departments, Commissions, Offices, Bureaus and State Share-Holding (Group) Corporations, The Municipal Settlement & Administration Center for Social Insurance Funds, The Municipal Administration Centre for Suburban Pension Affairs, All District & County Labour & Social Security Bureaus, All District & County Administration Centres for Social Insurance Funds; All District & County Administration Centres (Commissions) for Suburban Pension Affairs:
In order to regulate employment activities of the enterprises in Shanghai municipality, practically safeguard the legitimate rights and interests of the employees, The Circular on Some Issues Concerning Social Insurance of the Labour Exporting Companies and Their Exported Labourers in Shanghai Municipality is as the followings.
1. The labour exporting companies in this circular refer to the enterprises established as per The Circular on Further Regulating the Labour Exporting Employment Activities and the Labour Exporting Companies (Document No (8) 2000 by Employment Policy Division, Shanghai Municipal Labour & Social Security Bureau).
2. The stipulations on the social insurance issues of the labour exporting companies registered in the area covered by the Township Pension Scheme (hereinafter refer to as the Township Scheme) and their exported labourers are as the followings:
a.) Where the labour exporting companies are founded on or after the date of October 20th 2003, their exported labourers shall participate in the Township Scheme.
b.) Where the labour exporting companies were founded before the date of October 20th 2003, and the companies had already participated in the Urban Pension Scheme (hereinafter refer to as the Urban Scheme) or Suburban Pension Scheme (hereinafter refer to as the Suburban Scheme) according to relevant laws and regulations, the newly recruited or exported labourers on or after the date of October 20th 2003 by these companies shall participate in the Township Scheme.
c.) The Pension schemes in which the exported labourers have participated shall keep unchanged within the duration of their contracts, where the exported labourers have established labour relationship with the labour exporting companies participated in the Urban Scheme or the Suburban Scheme, and the exported labourers have been covered by corresponding pension schemes according to relevant laws and regulations. Upon the expiration of the contracts, if both parties intend to renew the contract, the exported labourers previously participated in the Urban Scheme may participate in the Township Scheme once a consensus has been reached through negotiations with their labour exporting companies; while the exported labourers previously participated in the Suburban Scheme shall participate in the Township Scheme if the contract is to be renewed by both parties.
3. The stipulations on the social insurance issues of the labour exporting companies registered in the central area not implementing the Township Scheme and their exported labours are as the followings:
a.) The recruited labourers with city or township residency registrations that have been exported to work for the enterprises covered by the Urban Scheme shall participate in the Urban Scheme in principal; the labourers with city or township residency registrations recruited on or after the date of October 20th, 2003 may participate in the Township Scheme where they have been exported to work for the enterprises covered by the Township Scheme.
b.) The labourers with rural residency registrations that have been recruited on or after the date of October 20th, 2003 shall participate in the Township Scheme.
c.) The Pension schemes in which the exported labourers have participated shall keep unchanged within the duration of their contracts, where the exported labourers have established labour relationship with the labour exporting companies participated in the Urban Scheme, and the exported labourers have been covered by the Urban Scheme according to relevant laws and regulations. Upon the expiration of the contract, the social insurance issues shall refer to the principles stipulated in a) and b) in this Article where both parties intend to renew the contract.
4. The circular shall become effective as of the date of its publication. In case of any inconsistency between this Circular and the previous regulations in Shanghai, this Circular shall prevail.
Document No (9) 2004
Issued by Pension Policy Division
Shanghai Municipal Labour & Social Security Bureau, March 15th, 2004
To All District & County People’s Governments, All Municipal Departments, Commissions, Offices, Bureaus and State Share-Holding (Group) Corporations, The Municipal Settlement & Administration Center for Social Insurance Funds, The Municipal Administration Centre for Suburban Pension Affairs, All District & County Labour & Social Security Bureaus, All District & County Administration Centres for Social Insurance Funds; All District & County Administration Centres (Commissions) for Suburban Pension Affairs:
In order to regulate employment activities of the enterprises in Shanghai municipality, practically safeguard the legitimate rights and interests of the employees, The Circular on Some Issues Concerning Social Insurance of the Labour Exporting Companies and Their Exported Labourers in Shanghai Municipality is as the followings.
1. The labour exporting companies in this circular refer to the enterprises established as per The Circular on Further Regulating the Labour Exporting Employment Activities and the Labour Exporting Companies (Document No (8) 2000 by Employment Policy Division, Shanghai Municipal Labour & Social Security Bureau).
2. The stipulations on the social insurance issues of the labour exporting companies registered in the area covered by the Township Pension Scheme (hereinafter refer to as the Township Scheme) and their exported labourers are as the followings:
a.) Where the labour exporting companies are founded on or after the date of October 20th 2003, their exported labourers shall participate in the Township Scheme.
b.) Where the labour exporting companies were founded before the date of October 20th 2003, and the companies had already participated in the Urban Pension Scheme (hereinafter refer to as the Urban Scheme) or Suburban Pension Scheme (hereinafter refer to as the Suburban Scheme) according to relevant laws and regulations, the newly recruited or exported labourers on or after the date of October 20th 2003 by these companies shall participate in the Township Scheme.
c.) The Pension schemes in which the exported labourers have participated shall keep unchanged within the duration of their contracts, where the exported labourers have established labour relationship with the labour exporting companies participated in the Urban Scheme or the Suburban Scheme, and the exported labourers have been covered by corresponding pension schemes according to relevant laws and regulations. Upon the expiration of the contracts, if both parties intend to renew the contract, the exported labourers previously participated in the Urban Scheme may participate in the Township Scheme once a consensus has been reached through negotiations with their labour exporting companies; while the exported labourers previously participated in the Suburban Scheme shall participate in the Township Scheme if the contract is to be renewed by both parties.
3. The stipulations on the social insurance issues of the labour exporting companies registered in the central area not implementing the Township Scheme and their exported labours are as the followings:
a.) The recruited labourers with city or township residency registrations that have been exported to work for the enterprises covered by the Urban Scheme shall participate in the Urban Scheme in principal; the labourers with city or township residency registrations recruited on or after the date of October 20th, 2003 may participate in the Township Scheme where they have been exported to work for the enterprises covered by the Township Scheme.
b.) The labourers with rural residency registrations that have been recruited on or after the date of October 20th, 2003 shall participate in the Township Scheme.
c.) The Pension schemes in which the exported labourers have participated shall keep unchanged within the duration of their contracts, where the exported labourers have established labour relationship with the labour exporting companies participated in the Urban Scheme, and the exported labourers have been covered by the Urban Scheme according to relevant laws and regulations. Upon the expiration of the contract, the social insurance issues shall refer to the principles stipulated in a) and b) in this Article where both parties intend to renew the contract.
4. The circular shall become effective as of the date of its publication. In case of any inconsistency between this Circular and the previous regulations in Shanghai, this Circular shall prevail.
| 
