Chapter: Nanjing
 
Time:     Friday 24th June 2011 2:00pm 
 
Venue:   Training Room of FESCO, 21 Floor Huatai Security Mansion, No.90 East Zhongshan Road, Nanjing.
 
Fee:       Member: Free     Non Member: 200 RMB
 
Language:     Chinese
 
____________________________________________________________________________________________
 
The European Chamber is pleased to invite you to an joint HR Forum & FESCO briefing Seminar on Friday 24th June, starting at 2pm, the topic is
 
“Legal Interpretation of China's New Social Insurance Law & Case Study.”

The new PRC Social Insurance Law will come into effect on 1st July 2011. The law was passed in October last year and implementation guidelines were issued for comments in May, but many questions - including the impact on overall staffing costs and the treatment of expatriates in the scheme - remain unanswered.

To help us understand the implications of the new law, give the benefit of their extensive experience, and answer your questions, we are delighted to present professional legal interpretation to the new Social Insurance Law.

2010年10月28日，《中华人民共和国社会保险法》一经出台，即受到了社会的广泛关注。2011年7月1日，《社会保险法》将在全国范围内实施。由于该法直接涉及用人单位和劳动者的基本权益，因此必将对企业社会保险管理、相关争议案件仲裁和诉讼等人力资源管理的重要环节产生深远影响，需要企业根据新的法律环境做出相应调整。

本期培训拟设计《社会保险法》解读、典型案例评析二个单元，将在对《社会保险法》进行深入解读和分析的基础上，结合FESCO在2010年参与处理的劳动争议案件中的实践经验，对企业在社会保险、仲裁和诉讼案件处理等重点管理环节提出具体有效的法律建议、操作策略和解决方案，帮助企业在实践操作中建立较为完善的法律风险防范体系，积极应对用工风险，妥善处理劳动争议。

Speaker
Mr. Li Yi, Attorney, Beijing Foreign Enterprise Human Resources Service Co Ltd (FESCO)
Li Yi, currently is Business Director of FESCO, has profound theoretical knowledge and rich experience in legal practice, familiar with the substantive and procedural law. His major clients in the fields of legal advice consulting include GE, IBM, BMW, Airbus, SHELL, ConocoPhillips, Samsung,  Atos Origin, BMC and TEREX etc.

本期培训由李熠律师担任主讲

讲师介绍：李熠律师现任北京外企管理咨询有限公司业务总监，具有较为深厚的理论功底和丰富的法律实践经验，熟悉并掌握实体法和程序法规定，长期担任GE、IBM、BMW、AIRBUS、SHELL、CONOCOPHILLIPS、SAMSUNG、ATOS ORIGIN、BMC 、TEREX、香港马会、工银瑞信、连卡佛等40余家中外知名企业的法律顾问。

Agenda
13:30 - 14:00 --- Registration
14:00 - 15:45 --- Interpretation on China's New Social Insurance Law
15:45 - 16:00 --- Coffee break
16:00 - 17:00 --- Case Study, Q&A
17:00 - 17:30 --- HR manager Networking & Summary
 
Please register your attendance by emailing Ms. Cherry Yu at nanjing@euccc.com.cn by 17th June, 2011.

Event review

Human Resources Forum #56 Meeting Minutes
Time: Friday, 24th July 2011 14:00-17:30
Venue: FESCO Nanjing
 
Participants
Agenda
1. Presentation by Mr. Li Yi, Corporation Lawyer of Beijing FESCO
2. Case Study
Meeting Minutes
1. Presentation by Mr. Li Yi, Corporation Lawyer of Beijing FESCO: Legal Interpretation of China's New Social Insurance Law
The Business Manager, Jane Lu and the GM of FESCO Nanjing, Wang Xiaohong, welcomed all members. The Business Manager then asked the speaker Mr. Li Yi to start his presentation on “Legal Interpretation of China's New Social Insurance Law”. He gave the briefs on the key points for interpretation and analysis of the social insurance law through sharing of specific and effective legal advice, operating strategies and solutions that enable HR managers to understand and master the new law and developments.
• Pension Insurance
• Medical Insurance
• Work Related Injury
• Unemployment Insurance 
• Maternity Insurance
• Fund Management
• Social Insurance on Foreign Employees
Please click here to read the China Social Insurance Law.

2. Case Study and Q&A session

The GM of FESCO thanked the speaker for the presentation and the attendees for contributing with questions and comments.

  {mospagebreak}

 The PRC Social Insurance Law (“Social Insurance Law”) will become effective on July 1st 2011.
 
The European Chamber has recently submitted two sets of comments to the Chinese Ministry of Human Resources and Social Security (MOHRSS) regarding the current work being undertaken by MOHRSS on implementing the Social Insurance Law and revising the Chinese Social Security system. On 20th May, the European Chamber submitted comments on Several Rules on the Implementation of the Social Insurance Law (‘Draft Implementation Rules’); and on 17th June the European Chamber submitted comments on the Interim Measures for the Participation of Foreigners Employed in China in Social Insurance (‘Draft Foreigners Participation Measures’).
 
The Draft of the Several Rules on the Implementation of the Social Insurance Law of the PRC
 
The ‘Draft Implementation Rules’ increases employers’ liabilities. It provides a clear basis for employees to claim damages in case employers do not comply with certain obligations under the New Social Insurance Law, including:
 
•         To disclose contribution information to the employee
•         To issue a document certifying the termination of a labour relationship
•         To ensure that employee contributions are correctly withheld
 
The Draft Interim Measures for the Participation of Foreigners Employed in China in Social Insurance
 
The ‘Draft Foreigners Participation Measures’ is supposed to clarify the general inclusion of foreigners within the Chinese statutory social insurance scheme as stated in the Social Insurance Law. In its current version it states that:
•         Foreign employees must participate in the social insurance scheme on a mandatory basis.
•         Foreign employees are defined as non-Chinese nationals who legally work in China, holding work permits, foreign expert certificates or permits for foreign journalists.
•         Employees from Hong Kong, Macao, and Taiwan are regarded as foreign nationals.
•         Types of contract and parties to the contract are both irrelevant to the obligation to contribute. Foreigners working for companies in China; and also those concluding employment contracts with foreign employers and being dispatched to branches and representative offices registered in China shall both participate.
•         Foreigners have to contribute to all five social insurance schemes, i.e., pension, medical insurance, work injury insurance, unemployment insurance and maternity insurance. However, contribution standards are not specified. It is therefore assumed that foreigners will have to make contributions at the same rates as Chinese nationals. Consequently, the maximum employer contribution per employee would amount, per annum, to RMB 51,900 in Shanghai and RMB 49,150 in Beijing. The maximum employee contribution would amount to RMB 15,430 in Shanghai and RMB 15,915 in Beijing.
•         When leaving China, pension accounts will  be retained. Upon application, the foreigner can withdraw the balance from the individual account.
 
The ‘Draft Foreigners Participation Measures’ does not clarify how foreigners may be able to enjoy the benefits of the other social insurance schemes, including maternity or unemployment.
 
Participation of foreign employees from a country which has signed a bilateral social insurance agreement with China is subject to the terms of the bilateral agreement.  Currently, only Germany and South Korea have signed bilateral social insurance agreements with China. 
 
Dr. Iris Duchetsmann, Vice Chair of the European Chamber Human Resources Forum in Shanghai and Head of Employment Practice at Salans:
“It is still unclear how and when local funds will implement the new Social Insurance Law regarding foreigners’ mandatory participation after July 1st 2011. However, companies should already being to prepare by contacting their fund to confirm local implementation; to conclude or adjust agreements with foreign employees; and to reserve budgets for the upcoming social insurance liabilities”.

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