Regulations On Labor Security Supervision

Original Language Title: 劳动保障监察条例

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(October 26, 2004 the 68th Executive meeting of the State Council on November 1, 2004, People's Republic of China promulgated as of December 1, 2004, promulgated by Decree No. 423) Chapter I General provisions article in order to carry out the labor and social security (hereinafter referred to as the labor protection) laws, rules and regulations, standardize labor security supervision work, maintaining the lawful rights and interests of workers, according to the labour code and related laws, this Ordinance is enacted.
Article on business and individual industrial and commercial households (hereinafter called the employer) for labor security supervision, application of this regulation.
    Employment agencies, vocational training institutions and vocational skills examination and assessment mechanism for labor security supervision, in accordance with this Ordinance. Article III competent administrative departments of Labor Security Department under the country's labor and social security work.
Local people's Governments at or above the county level labor and social security administrative departments of labor security supervision and work within their respective administrative areas.
    Relevant departments of the people's Government at or above the county level in accordance with their respective responsibilities, support and assistance in the labour and social security administrative departments of labor security supervision work.
Article fourth of County districts, the municipal administrative departments of labor security may entrust in accordance with conditions of supervision and law enforcement organization and implementation of labor security supervision.
Labour and social security administrative departments and entrusted with the implementation of the labor security supervision organizations in labor security supervision should be subject to appropriate assessment or examination.
    Labor and social security inspection documents produced by the labor Security Administration Department under the State Council. Article fifth local people's Governments at or above the county level shall strengthen the labor security supervision work.
    Labor security supervision requirements are included in the financial budgets.
    Sixth the employer shall comply with labor and social security laws, rules and regulations, accept and cooperate with the labor and social security inspection.
Article trade unions at all levels shall safeguard the legitimate rights and interests of workers, the employer to comply with labor and social security law, supervise the implementation of laws and regulations.
    Administrative departments of labor security in labor security supervision work of trade union organizations should pay attention to listen to comments and suggestions.
Eighth labor security supervision and follow fair, open, efficient and convenient principle.
    Labor and social security inspection, persist in combining education with punishment, subject to public supervision.
Nineth any organizations or individuals for violations of labor and social security laws, rules or regulations of the Act, to report to the administrative departments of labor security.
That the employer violated its labor and social security rights of workers, the right to complaints to the administrative departments of labor security.
    Labour and social security administrative departments shall keep their informants confidential; the report is true, to investigate major violations of labor and social security laws, rules or regulations provide major clues and evidence of conduct whistleblower reward will be given.
    Second chapter labor guarantees monitored duties tenth article labor guarantees administrative sector implementation labor guarantees monitored, perform following duties: (a) publicity labor guarantees legal, and regulations and regulations, urged employing units implementation; (ii) check employing units comply with labor guarantees legal, and regulations and regulations of situation; (three) accepted on violation labor guarantees legal, and regulations or regulations of behavior of reported, and complaints; (four) law corrected and investigation violation labor guarantees legal, and regulations or regulations of behavior.
11th article labor guarantees administrative sector on following matters implementation labor guarantees monitored: (a) employing units developed internal labor guarantees regulations of situation; (ii) employing units and workers made labor contract of situation; (three) employing units comply with ban using child labour provides of situation; (four) employing units comply with female workers and minor workers special labor protection provides of situation; (five) employing units comply with work time and rest vacation provides of situation;
    (Six) employing units paid workers wage and implementation minimum wage standard of situation; (seven) employing units participate in the social security and paid social security fee of situation; (eight) career introduced institutions, and career skills training institutions and career skills assessment identification institutions comply with national about career introduced, and career skills training and career skills assessment identification of provides of situation; (nine) legal, and regulations provides of other labor guarantees monitored matters.
12th labour protection inspectors perform labor security supervision duties according to law, are protected by law.
Labour protection inspectors shall faithfully and justly, diligent, honest, and keep it secret.
    Any organization or individual to violations of labor security supervision has the right to report to the labour administrative department in charge or relevant authority, complaint.
Chapter III implementation of labor security supervision and 13th to the employer's labor and social security inspection, location of employment by the employer the county or district of the municipal labor and social security administration departments. The superior administrative departments of labor security in accordance with the needs, and can investigate cases dealing with lower-level labor Security Administration Department.
Labour and social security administrative departments of labor security supervision and jurisdiction dispute and submit them to the common jurisdiction of the administrative departments of labor security specified at a higher level.
    The provinces, autonomous regions, municipalities directly under the jurisdiction of the people's Government on labor security supervision to develop specific approaches.
14th labor security supervision to daily check, review in accordance with the requirements of the employer submitted written material and accept the complaint and other forms.
Labour and social security administrative departments the employer has contravened the labour laws, regulations or rules of behavior, you need to investigate and deal with, shall be filed in a timely manner.
Labour and social security administrative departments or entrusted with the implementation of the labor security supervision organizations shall establish reporting, complaint mailboxes and telephones.
    Because of violation of labor laws, rules or regulations of mass incidents caused by the behaviors, administrative departments of labor security in accordance with the emergency plan, quickly, in conjunction with relevant departments.
15th article labor guarantees administrative sector implementation labor guarantees monitored, right to take following survey, and check measures: (a) into employing units of labor places for check; (ii) on survey, and check matters asked about personnel; (three) requirements employing units provides and survey, and check matters related of file information, and made explained and description, necessary Shi can issued survey asked book; (four) take records, and recording, and video, and photography or copy, way collection about situation and information;
(E) commissioned accounting firm on the employer payment of wages and payment of social insurance premiums for audit (vi) provided by the administrative departments of labor security laws and regulations of other investigation, inspection measures.
    Administrative departments of labor security in fact clear and irrefutable evidence and be able to deal with violations of labor and social security laws, rules or regulations of the Act are entitled to be corrected on the spot.
16th labour protection inspectors to conduct investigations, inspections, shall be not less than 2, and should wear a labor and social security inspection signs, produce documents on labor security supervision.
    Labor security supervision of labour protection inspectors to handle matters with himself or his close relatives have a direct stake, should be avoided.
    17th administrative departments of labor security in violation of labor and social security laws, rules or regulations of the survey should be completed within 60 days from the date of filing; the complex, approved by the administrative departments of labor security, can be extended by 30 days.
18th article labor guarantees administrative sector on violation labor guarantees legal, and regulations or regulations of behavior, according to survey, and check of results, made following processing: (a) on law should by administrative punishment of, law made administrative punishment decided; (ii) on should corrected not corrected of, law ordered corrected or made corresponding of administrative processing decided; (three) on plot minor and has corrected of, revoked filed.
    Found illegal cases do not belong to the labor and social security matters, should be transferred to the relevant departments in a timely manner; suspected of a crime shall be transferred to judicial organs according to law.
    Article 19th administrative departments of labor security in violation of labor laws, regulations or rules of administrative punishment or administrative punishment decision, shall hear the employer's statements, representations make administrative punishment or administrative punishment decision, and shall inform the employer legally entitled to apply for administrative reconsideration or bring an administrative suit right.
20th in violation of labor laws, regulations or rules of behavior in the 2 year not found by the administrative departments of labor security, nor are reports, complaints, administrative departments of labor security are no longer punished.
    The period of time specified in the preceding paragraph, since violations of labor and social security laws, rules or regulations of the date on which the Act; violation of labor laws, regulations or rules of behavior there is continuous or continuing status, date of ending their own. 21st an employer violates labor laws, rules or regulations, cause harm to workers, the violator shall bear liability.
Workers and employers on the dispute of compensation, in accordance with relevant State provisions of the labor dispute.
    On labor dispute settlement procedures should be adopted to solve the matters or in accordance with the labor dispute procedures for mediation, arbitration or litigation matters, informed complainants of the administrative departments of labor security in accordance with labor disputes or litigation procedures. 22nd the labour and social security administrative departments shall establish the employer of labor and social security law file integrity.
    Employers have a major violation of labor and social security laws, rules or regulations of the Act, the relevant administrative departments of labor security to the public.
Fourth chapter legal responsibility 23rd article employing units has following behavior one of of, by labor guarantees administrative sector ordered corrected, according to by against of workers per person 1000 Yuan above 5000 Yuan following of standard calculation, sentenced fine: (a) arrangements female workers engaged in mine well Xia labor, and national provides of fourth level manual strength of labor or other taboo engaged in of labor of; (ii) arrangements female workers in period engaged in high at, and low temperature, and cold water job or national provides of third level manual strength of labor of; (Three) arrangements female workers in pregnancy during engaged in national provides of third level manual strength of labor or pregnancy taboo engaged in of labor of; (four) arrangements pregnancy 7 months above of female workers night labor or extended its work time of; (five) female workers birth enjoy maternity leave less than 90 days of; (six) arrangements female workers in nursing not full 1 age of baby during engaged in national provides of third level manual strength of labor or lactation taboo engaged in of other labor, Extending the working time or schedule to work night shifts, and;

(G) minors to engage in underground mines, toxic, national fourth-grade manual strength of labor or other prohibited labor; (VIII) do not provide regular health checks to minors.
    24th the employer establish a labor relations law, the conclusion of labour contracts with workers, the labor Security Administration Department shall be ordered to correct.
    25th an employer violates labor laws, rules or regulations extending the working hours of workers, the administrative departments of labor security warning, rectification, and can follow the workers violated standard of less than 100 Yuan and 500 yuan per person, punishable by a fine.
26th article employing units has following behavior one of of, by labor guarantees administrative sector respectively ordered deadline paid workers of wage paid, and workers wage below local minimum wage standard of difference or lifted labor contract of economic compensation; late not paid of, ordered employing units according to meet amount 50% above 1 time times following of standard calculation, to workers added pay compensation Gold: (a) deduction or for no reason arrears workers wage paid of; (ii) paid workers of wage below local minimum wage standard of;
    (C) discharge the labor contract shall be subject to financial compensation of the worker.
27th employer Declaration to the social insurance agency shall pay the amount of social insurance, concealing wages or the number of workers, the labor Security Administration Department ordered corrective action and concealed wages more than 1 time 3 times the amount of a fine.
    Obtain insurance or obtaining social insurance fund, the labor Security Administration Department is ordered to return, and fined not more than the amount defrauded more than 1 time 3 times constitutes a crime, criminal responsibility shall be investigated according to law.
28th employment agencies, vocational training institutions or vocational skills examination and assessment mechanism on violations of the national employment agency, vocational training or vocational skills examination and assessment of the provisions of the administrative departments of labor security ordered corrective action and confiscate the illegal income, and to a fine of up to 10,000 yuan and 50,000 yuan in serious cases, to revoke the licence.
    Without permission from the administrative departments of labor security, employment agencies, vocational training or vocational skills examination and assessment organizations or individuals, the labor security administration departments, industrial and commercial administrative departments in accordance with State regulations on unlicensed investigation against investigating the ban.
29th article employing units violation People's Republic of China unions method, has following behavior one of of, by labor guarantees administrative sector ordered corrected: (a) block workers law participate in and organization unions, or block superior unions help, and guide workers preparation unions of; (ii) no due reason mobilization law perform duties of unions staff of work post, for retaliates against of; (three) workers for participate in unions activities and was lifted labor contract of;
    (D) the Trade Union officials to perform their duties are labor contracts.
30th article has following behavior one of of, by labor guarantees administrative sector ordered corrected; on has subsection (a) items, and subsection (ii) items or subsection (three) items provides of behavior of, at 2000 Yuan above 20,000 yuan following of fine: (a) unreasonable resist, and block labor guarantees administrative sector in accordance with this Ordinance of provides implementation labor guarantees monitored of; (ii) not according to labor guarantees administrative sector of requirements submitted written material, hide facts truth, issued perjury or hidden, and destruction evidence of;
(C) by the labour and social security administrative departments shall be ordered to correct refused to correct, or refusing to comply with a decision of administrative handling of the administrative departments of Labor Security; (d) retaliating against whistleblowers, complainants.
    Violation of the provisions of the preceding paragraph, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
31st labor security supervision and abuse of power, negligence, malpractice or disclose commercial secrets obtained in the course of performing their duties shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Administrative departments of labor security and labour protection inspectors illegal exercise of authority, violations of the legitimate rights and interests of the employer or the employee, shall bear the liability for damages.
    Article 32nd of the regulations on labor security supervision matters, the law, other provisions of administrative regulations on the punishment of, from its provisions.
    Fifth chapter supplementary articles article 33rd without license or has been revoked according to law, labor and Employment Act, carried out by the administrative departments of labor security in accordance with these regulations on labor security supervision, be investigated and prosecuted against and inform the industry and commerce administration departments.
    Article 34th State organs, institutions, social organizations, enforcement of labor protection laws, rules and regulations, the administrative departments of labor security in accordance with its mandate, in accordance with the implementation of the regulation on labor security supervision.
    Article 35th of the occupational safety and health supervision and inspection by the Department of public health, work safety supervision and management departments, special equipment safety supervision and management departments and other departments concerned in accordance with the relevant laws and administrative rules and regulations.
                                                                                                              36th article of the regulations come into force on December 1, 2004.

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