On The Implementation Of Certain Provisions Of The Regulations On Labor Security Supervision

Original Language Title: 关于实施《劳动保障监察条例》若干规定

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(December 31, 2004, Ministry of labour and social security, the 25th released as of February 1, 2005) Chapter I General provisions article in order to implement the regulations on labor security supervision, standardize labor security supervision Act, these provisions are formulated. Second article labor guarantees administrative sector and the belongs labor guarantees monitored institutions on enterprise and individual industrial and commercial households (following said employing units) comply with labor guarantees legal, and regulations and regulations (following referred to labor guarantees legal) of situation for monitored, applies this provides; on career introduced institutions, and career skills training institutions and career skills assessment identification institutions for labor guarantees monitored, in accordance with this provides implementation; on State, and institutions, and social groups implementation labor guarantees legal situation for labor guarantees monitored,
    According to the administrative departments of labor security responsibilities, in accordance with this regulation.
    Article on labor security supervision to follow fair, open, efficient and convenient principle.
    Adhere to labor and social security administration punishment based on facts and take law as the criterion, persist in combining education with punishment, subject to public supervision.
    Fourth implementation to avoid on labor security supervision system.
    Fifth above the county level labor and social security administrative departments of labor security supervision and administration and labour and social security administrative departments shall delegate the implementation of labor security supervision organizations (hereinafter referred to as labor security supervision organs) responsible for labor security supervision and management.
    Chapter II general provisions article sixth administrative departments of labor security and daily check of the workplace of the employer, shall formulate annual plans and medium-and long-term planning, priority check and follow the provisions for on-site inspections.
    Seventh administrative departments of labor security in accordance with the requirements of the employer submitted written materials on compliance with labor laws should be reviewed, and issues found in review promptly rectify and investigate.
    Article eighth against labor and social security administrative departments of labor security laws focus in the implementation of centrally organized special inspection activities and, if necessary, can be combined with relevant departments or organizations.
    Nineth administrative departments of labor security reports, complaints mailbox should be set up, public reporting, complaints, investigate reports and complaints by law reflects the acts in violation of labor and social security law.
    Tenth the chapter accepted and incorporated by any organization or individual acts in violation of labor and social security law, authorized to report to the administrative departments of labor security.
    11th administrative departments of labor security informants are reflected in violation of labor and social security law should be investigated and dealt with according to law, and the informer confidential; the report is true, to investigate major violations of labor and social security law provides the main clues and evidence of the informer reward. 12th employee if an employer violates labor laws, the violation of their legitimate rights and interests, is entitled to complain to the administrative departments of labor security.
    Due to for the same reason in the collective complaint, the complainant may recommend a representative complaint. 13th complaints should be handled by the complainants submit complaints to the administrative departments of labor security instruments.
    Instruments written complaints where there is difficulty, oral complaints, conducted by the labor security supervision organizations record and signed by the complainant.
    14th complaint documents shall contain the following particulars: (a) the complainant's name, gender, age, occupation, place of work, residence and contact, complaints against the employer's name and address, name of the legal representative or principal responsible person, position, (ii) infringement of the legitimate rights and interests of labour security fact claims and complaints.
    15th complaint under any of the following circumstances, labor and social security administrative departments shall inform the complainants, in accordance with the labour dispute or litigation procedures: (a) the labor dispute settlement procedure should be adopted, and (ii) in accordance with the handler for mediation and arbitration of labor disputes, and (iii) has filed a labor dispute. 16th article following for employing units violation labor guarantees legal behavior on workers caused damage, workers and employing units on compensation occurred dispute of, in accordance with national about labor dispute processing of provides processing: (a) for employing units developed of labor regulations violation legal, and regulations provides, on workers caused damage of; (ii) for employing units violation on female workers and minor workers of protection provides, on female workers and minor workers caused damage of; (three) for employing units reasons made invalid contract,
    Damage to the worker, and (d) the employer illegal to terminate the labor contract or wilfully put off the conclusion of labour contracts, damage to the workers; (e) the laws, regulations and rules and regulations of the other employer acts in violation of labor and social security law, cause harm to workers.
    17th worker or employer social security administration disputes and social insurance agencies, in accordance with the social security administration of the dispute settlement process.
    18th article on meet following conditions of complaints, labor guarantees administrative sector should in received complaints of day up 5 a days within law accepted, and Yu accepted of day filed investigation: (a) violation labor guarantees legal of behavior occurred in 2 years within of; (ii) has clear of was complaints employing units, and complaints people of lawful rights and interests of by against is was complaints employing units violation labor guarantees legal of behavior by caused of; (three) belongs to labor guarantees monitored terms range and by accepted complaints of labor guarantees administrative sector jurisdiction.
    For failure to comply with paragraph (a) of complaints, labour and social security administrative departments shall decide within 5 working days from the date of receipt of the complaint was inadmissible, and notify the complainant in writing.
    For failure to comply with paragraph (b) of complaints, labor security supervision and correction shall advise the complainant the complaint material.
    For failure to comply with paragraph (c) of complaint, the complaint does not fall within the ambit of labor security supervision, labor security supervision organs should tell complainants; belonging to the labor security supervision mandate but does not belong to the administrative departments of labor security to handle complaints complaints shall inform the complainant submitted to the relevant administrative departments of labor security.
    Article 19th passed inspections by the administrative departments of labor security inspections, writing reviews, reports and other employer who acts in violation of labor and social security law, needs to be investigated, case investigated and dealt with in a timely manner. Filing shall be made out by filing form, head of the labor security supervision of examination and approval.
    Date of approval of the head of the labor security supervision for the day of filing. The fourth chapter survey and check the 20th labour protection inspectors to conduct investigations, inspections shall be not less than 2.
    Labor security supervision body shall specify 1 as the host labour protection inspectors. 21st article labor guarantees monitored Member on employing units comply with labor guarantees legal situation for monitored Shi, should followed following provides: (a) into employing units Shi, should wearing labor guarantees monitored law enforcement logo, show labor guarantees monitored documents, and description identity; (ii) on survey matters making record, should by labor guarantees monitored Member and was survey people (or its delegate agent) signature or sealed.
    Investigators refused to sign, seal, the refusal to be given.
    22nd labour protection inspectors to conduct investigations, inspections, bear the following obligations: (a) perform duties according to law, enforce laws justly, (ii) keeping trade secrets learned in the course of performing their duties, (iii) the informer confidential.
    Article 23rd when implementing labor security supervision, labor inspectors, has one of the following situations shall recuse themselves: (I) I am the employer of close relatives of the legal representative or principal responsible person, (ii) or his close relatives and contractors investigated matters have a direct interest in the case, and (iii) may affect the impartial handling of cases for other reasons. Article 24th believes labour protection inspectors in accordance with the provisions of article 23rd should be avoided, is entitled to apply to the administrative departments of labor security, demanding his withdrawal.
    Party for labour protection inspectors withdrawal shall be made in writing. 25th decision should be made within 3 working days from the date of receipt of the application. Before a decision is made, the contractor personnel shall not stop the investigation and handling of the case.
    The recusal decision, it shall inform the applicant.
    Challenge employees, decided by the head of the labor security supervision; withdrawal of the head of the labor security supervision, decided by the administrative departments of labor security. 26th article labor guarantees administrative sector implementation labor guarantees monitored, right to take following 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, necessary Shi can issued survey asked book; (four) take records, and recording, and video, and as like and copy, way collection about of situation and information; (five) on facts hard, and can spot processing of violation labor guarantees legal, and
    Regulations or rules of behavior be corrected on the spot, and (vi) may appoint registered public accounting firm on the employer payment of wages and payment of social insurance premiums for audit and (VII) provided by the administrative departments of labor security laws and regulations of other investigation, inspection measures.
    27th article labor guarantees administrative sector survey, and check Shi, has following case one of of can take evidence registration save measures: (a) party may on evidence take forged, and variable made, and destruction behavior of; (ii) party take measures improper may led to evidence out lost of; (three) not take evidence registration save measures yihou to made of; (four) other may led to evidence out lost of case of. 28th measures taken the evidence registered for keeping shall be in accordance with the following procedures: (a) the labor security supervision organizations in accordance with the provisions of this article 27th, application made the evidence registered for keeping, approval of the administrative departments of labor security, (ii) labour protection inspectors evidence registered for keeping a notice and a list of the evidence registered for delivery the parties, signed by the parties. The party refuses to sign or seal, by the labor and social security indicate the situation of the Ombudsman;

    (C) the evidence registered for keeping measures, the labour and social security administrative departments shall make a decision in a timely manner in the 7th, after the expiration of the evidence registered for keeping measures shall be withdrawn.
    During the period of registration and preservation of evidence, the party or person concerned shall destroy or transfer evidence; labor security supervision organizations and labour protection inspectors may at any time obtain evidence. Article 29th in the administrative departments of labor security in the implementation of labor security supervision relates to off-site evidence, you can delegate local administrative departments of labor security to assist in the investigation.
    Entrusted with the parties to assist in the investigation should be completed within the agreed time.
    Article 30th administrative departments of labor security investigations for violations of labor and social security law, shall, within 60 working days from the day of filing the completed complex, approved by the administrative departments of labor security, can be extended by 30 days.
    The fifth chapter article 31st of the case about the employer's violations of the labor and social security law the fact is certain and the legal punishment (processing) based on the rectification on the spot instruction or can be made on the spot according to law the decision on administrative penalty.
    Rectification orders or administrative punishment decision is made on the spot, labour protection inspectors should fill out the order form, make up a number of rectification order or administrative penalty decision, delivered a party on the spot.
    32nd article spot sentenced warning or fine punishment of, should according to following program for: (a) oral told party violations of basic facts, and intends made of administrative punishment, and according to and law enjoys of right; (ii) heard party of statement and defence; (three) fill in scheduled format of punishment decided book; (four) spot punishment decided book should by labor guarantees monitored member signature or sealed; (five) will punishment decided book spot delivered party, by party sign.
    Labour protection inspectors should rectification on the spot in the 2nd directive and written decision of administrative penalty archives Exchange respective administrative departments of Labor Security Archive.
    33rd cannot be made on the spot to deal with illegal cases, forensic investigation by the labour protection inspectors, shall submit a preliminary proposal, approval of the case form and submit.
    Case for approval form should indicate the company name, subject, violations of labor and social security law facts, statements, basis, recommendations for disposal.
    Article 34th for violation of labor security laws make administrative punishment or administrative punishment decision, shall inform the employer, listen to their presentations and representations provided hearing shall be in accordance with law, laws and regulations, and shall inform the employer shall have the right to request a hearing; the employer to request a hearing, labor and social security administration departments shall organize the hearing.
    35th article labor guarantees administrative sector on violation labor guarantees legal 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.
    Investigations, inspections, administrative departments of labor security illegal facts are not established, the case shall be dismissed.
    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.
    36th article labor guarantees monitored administrative punishment (processing) decided book should contains Ming following matters: (a) was punishment (processing) units name, and statutory representative people, and units address; (ii) labor guarantees administrative sector finds of illegal facts and main evidence; (three) labor guarantees administrative punishment (processing) of type and according to; (four) punishment (processing) decided of perform way and term; (five) refuses to administrative punishment (processing) decided, application administrative reconsideration or filed administrative litigation of way and term;
    (Vi) punishment (processing) name and made the decisions of administrative organs (processed) date to be determined.
    Labour and social security administrative punishment (processed) written decision shall bear the seal of the administrative departments of labor security.
    37th administrative departments of labor security investigation completed, shall, within 15 working days of administrative penalties (administrative punishment or be ordered to correct) or revoke a case placed on file to determine; special circumstances approved by the administrative departments of labor security may be extended.
    38th article labor guarantees monitored deadline rectification instruction book, and labor guarantees administrative processing decided book, and labor guarantees administrative punishment decided book should in declared Hou spot delivered party; party not presence of, labor guarantees administrative sector should in 7th within in accordance with People's Republic of China Civil method of about provides, will labor guarantees monitored deadline rectification instruction book, and labor guarantees administrative processing decided book, and labor guarantees administrative punishment decided book served party.
    39th make administrative punishment and the decision of the administrative decision, the administrative departments of labor security found inappropriate, shall be corrected and promptly inform the parties. After 40th labor security supervision and case files should be established.
    Records shall be kept for at least three years.
    41st after Labor and social security administrative punishment or penalty according to law, the Parties shall comply within the time limit specified in the decision. 42nd parties of labor and social security administration or administrative punishment decision may apply for administrative reconsideration or bring an administrative lawsuit, the administrative punishment or administrative punishment decision not be suspended.
    Except as otherwise provided by law.
    Article 43rd genuine financial hardship, delay or in installments to pay the fine, approved by the client application and the administrative departments of labor security, can be suspended or made in installments.
    Article 44th of the administrative departments of Labor Security Administration punishment decision, ordered to pay workers ' wages, compensation or administrative decision on collection and payment of social insurance premium fails to comply, the administrative departments of labor security may request the people's Court for compulsory execution, or legally enforceable. Article 45th in addition to collect fines on the spot according to law, penalties decide the administrative departments of labor security and labour protection inspectors shall not collect fines on their own.
    The Parties shall from the date of receipt of the written decision of administrative penalty in the 15th, to the nominated bank to pay the fine.
    Article 46th local labor and social security administration departments at all levels shall, in accordance with relevant regulations of the Ministry of labor and social security departments in cases where statistical and fill in the report.
    Local labor and social security administration departments at all levels make a written decision of administrative penalty, shall, within 10 working days submit the labor Security Administration Department at a higher level for the record.
    Sixth chapter supplementary articles article 47th no business license or has been revoked according to law, labor and employment, the administrative departments of labor security in accordance with the present provisions on labor security supervision. 48th article of the regulations come into force on February 1, 2005.
                                                                      Original regulations on labour inspection (Ministry of labour [1993]167), the labour inspection program regulations (Department of labour [1995]457), to report labor violations rules (5th, the Ministry of labour, December 17, 1996) repealed simultaneously.

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