Withdrawal Mode Of Worker 's Industrial Injury Insurance Fund In Construction Industry

With the economic construction and social development, tremendous changes have taken place in China’s industrial and labor structures. A large number of migrant workers flow into the cities for working, becoming the mainstream of the workforce. Most of the migrant workers have not enjoyed their own rights as workers because of the limitation of their household register as farmers. The amount of migrant workers in construction industry continues to grow. The total number had increased more than 11380 thousand in 2013, an increase of 4.3%. The proportion of migrant workers in the construction industry also has grown, from 18.4 percent in 2012 to 22.2 percent in 2013, which demonstrates that the migrant workers in the construction industry has become an important part of the migrant workers. The occupational risks of the migrant workers in the construction industry are very high, but the traditional land security plays a very small role in reducing the risks. To protect the legitimate rights and interests of the migrant workers in the construction industry, from the national down to the local government actively explore the injury insurance. There are two forms, one is specialized injury insurance for migrant workers in construction fields and the other is contained injury insurance. Since 2010 with the introduction of social insurance law of the PRC, social insurance has had a clear legal basis which means the exploration should be within the framework of social insurance. The local governments can innovative approaches which dovetail with the existing legal system.Combined with the characteristics of the specialized injury insurance, some local governments deduct injury insurance premium in advance into injury insurance fund, which can be attributed to the funds withheld mode.Since 2007, Nanjing has carried out the construction of the injury insurance system aimed at migrant workers in construction fields. Based on funds withheld mode, Nanjing tries its best to promote the construction of the injury insurance. Withholding funds, directly deducted from the project cost by specialized departments in the process of project application, pay social insurance funds, allocated to a special account, deposited uniformly, earmarked only. At the end of the project, after the social insurance settlement, the remaining amount of money will be returned to the contractor. The mode builds and strengthens the dominant philosophy of regulation systems, management systems, services systems and surveillance system in construction industry, innovating the means of government regulation, enhancing the social responsibility of entrepreneurs, safeguarding the legitimate rights and protecting the interests of workers.In this paper, the research focuses on the funds withheld mode in Nanjing. Taking field visits, questionnaires, interviews and literature as research methods, the paper analyzes the implement effective buckle modes and problems within. In reference to some injury insurance systems in developed countries, this paper aims to further improve this mode of injury insurance system and make practical recommendations.