Job Discussion Forums

[amemorylost]

I'm currently in a dispute with my university regarding health insurance. I have the standard SaFEA contract with an Appendix that includes a clause that's something like 'Party A will provide Party B with Medical and Accident Insurance'.

They have been purchasing commercial insurance for me in previous years, but this year I recently found out they didn't. They are now arguing that university workers are covered by a state medical insurance (公费医疗 : gongfeiyiliao) and that this meets by contract requirement of medical and accident insurance.

I'm going to be contacting the relevant departments anyway to find out if this works, but I was wondering if anyone had any personal experience on this issue?

[big_big_bang_theory_fan]

Well, they are correct. In addition, you signed a contract (addendum, not appendix, despite that is how everyone refers to it, including employers) that was quite vague. They can provide or give you access to any sort of coverage they choose, since your contract stated nothing specific.

Unfortunately, foreigners do not by defaul default receive national (assuming this is what you meant by "state") health coverage. Only Chinese nationals receive national health coverage. However, as many of us know, there is a new tax law that is now technically in effect that requires foreign employees to now pay 10% of their salary as tax which provides for, among other things, inclusion into the national public health insurance coverage program.

Thus, if they are knowledgeable of this new tax and tax benefit law, they are absolutely correct. Otherwise, foreigners DO NOT receive that same health coverage and they are screwing you.

Feel free to jump down their throat on this issue or drop it. Be ready to lose a large chunk of your monthly salary as well.

That being said, make them aware that the national health program is in violation of your contract, as the contract states that the employer will provide, not the Chinese government, medical and accident insurance, as you wrote it. Thus, it is their obligation to provide such a benefit, per the contract.

[amemorylost]

I understand what you mean, but I think it's a little more complicated than you realise:

What they are saying is that as a worker for a government-sponsored institution, I have access to a 'kind of' insurance that covers all workers in these institutions.

What I'm unsure about is whether this actually qualifies as medical insurance when it comes to the interpretation of the FEB, and whether or not this satisfies what they've put in the contract. They've pretty much pulled it out of thin air and as they were previously buying commercial insurance, and I only found out they had stopped when I had a medical problem, I'm not convinced this 公费医疗 would qualify as the 'medical insurance' in that part of my contract.

This is also not related to the new tax and social insurance policy: basically the problem is that my contract started at September 1st, the school found out about a new social insurance policy that commenced at October 15th and decided to wait and not mention any of this to me until I had a medical problem.I was then told I had no commercial insurance, but the school would pay some of my bills according to this idea of 公费医疗.

[snacksturbo]

The employer is the Chinese government. If you work in a public University.

[big_big_bang_theory_fan]

Yeah, let's see if they actually enroll you properly. It is still their obligation to do so.