Regarding the Policy That Community Workers and Village Cadres Earning Above the Minimum Wage Cannot Receive Unemployment Insurance Benefits
Recently, the General Office of the Ministry of Human Resources and Social Security (MOHRSS) and the General Office of the Central Social Work Department jointly issued the "Notice on Strengthening the Administration and Services of Unemployment Insurance for Community Workers and Village Cadres". The Notice outlines specific requirements regarding insurance participation and contribution, benefit enjoyment, business coordination, proactive notification, and exit mechanisms.
The Notice emphasizes that all localities should actively promote the participation and contribution of community workers in social insurance, in accordance with the Social Insurance Law, the Unemployment Insurance Regulations, and relevant central government documents.
Regarding the enjoyment of benefits, it explicitly states that unemployed individuals serving as community workers or village cadres whose monthly basic remuneration or fixed subsidies exceed the local minimum wage standard are not eligible to receive unemployment insurance benefits and other related entitlements.
The Notice mandates the following actions:
Data Sharing and Verification: Human resources and social security departments at all levels must strengthen communication and coordination with organizational, social work, and other relevant departments. They must establish a data-sharing, comparison, and verification mechanism to dynamically monitor the tenure and remuneration of community workers and village cadres.
Recovery of Funds: For those who claim unemployment insurance benefits in violation of regulations, the benefits must be promptly suspended and any overpayments must be recovered.
Agency Coordination: Unemployment insurance handling agencies must enhance business coordination and data sharing with public employment service agencies and social insurance agencies. They should promptly acquire information on the cancellation of unemployment registrations, social insurance participation registrations, and premium contributions to conduct verifications for suspending unemployment benefits.
Policy Advocacy and Legal Responsibility: Policy advocacy for newly appointed community workers and village cadres must be strengthened. They must be explicitly informed of their obligation to proactively report and the legal responsibilities of illicitly claiming unemployment insurance. Those who fail to report truthfully or conceal their employment status to defraud the system will be held legally accountable.
Furthermore, the Notice proposes improving the exit mechanism for community workers. When employers terminate or dissolve labor contracts with community workers, they must promptly issue the relevant certificates and inform them of their right to enjoy unemployment insurance benefits in accordance with regulations.
All localities are required to upgrade their business information systems, strengthen internal controls, improve the quality and efficiency of handling services, and enhance risk prevention capabilities. They must also increase efforts in policy publicity and interpretation to foster a favorable atmosphere for lawful insurance participation and compliant reporting.