Anshan City Labor And Social Security Inspection Requirements

Original Language Title: 鞍山市劳动保障监察规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368194.shtml

Anshan city labor and social security inspection requirements (January 20, 2012 129th meeting consideration of the people's Government of Anshan City March 28, 2012 172th Anshan city people's Government announced come into force on the date of promulgation) first to standardize labor security supervision work, maintaining the lawful rights and interests of workers, in accordance with the regulations on labor security supervision (State Council Decree No. 423) and provided for in the Ordinance on labour inspection in Liaoning province, based on actual city, these provisions are formulated.

    � Article on business and individual industrial and commercial households within the administrative area of the city (hereinafter referred to as the employer) to comply with labor and social security laws, regulations and rules for monitoring, these provisions apply; on State organs, institutions, social organizations, employment agencies, vocational skills training and vocational skills examination and assessment bodies for labor security supervision, in accordance with this regulation.

    � Article city and County (City) and human resources and social security administrative departments of labor security supervision and work within their respective administrative areas. Cities and counties (cities), human resources and social security administrative departments of labor security supervision organs, in charge of labor and social security work.

� City labor guarantees monitored institutions is responsible for on municipal employing units, and workers established labor relationship of State, and institutions, and social groups, career introduced institutions, and career skills training institutions, and career skills assessment identification institutions implementation labor guarantees monitored; by province human resources and social security sector delegate on in saddle in the provincial units implementation labor guarantees monitored; while, is responsible for on County (City), and district labor guarantees monitored institutions of work for supervision Guide.

� Counties (cities), regional Labor and social security inspection bodies responsible for this administrative area besides the municipal labor security supervision organizations directly under the jurisdiction of the employer establishes labor relationship with a worker's State organs, institutions, social organizations, employment agencies, vocational training institutes, vocational skills examination and assessment agencies to monitor the implementation of labor and social security.

    � Fourth people's Governments above the county level labor security supervision requirements should be included in the financial budgets.

    � Fifth 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. Sixth employer to abide by labor and social security laws, regulations, rules, accepted for monitoring labor security supervision organizations. Any organization or individual in violation of labor and social security laws, regulations, rules of behavior, to report to the Administrative Department of human resources and social security.

� Human resources and social security administrative departments to informing the violation of labor and social security laws, regulations, rules of behavior should be investigated and dealt with according to law, and the informer confidential.

    � Seventh trade unions safeguard workers ' legitimate rights and interests of, on the employer's compliance with labour and social security law, supervise the implementation of laws and regulations. Violations found in the monitoring process, you can request the human resources and social security administration departments dealt with according to law. Processing requests against the trade unions, human resources and social security administrative departments should be handled in a timely manner.

� Human resources and social security administrative departments on labor security supervision work of trade union organizations at all levels should pay attention to listen to comments and suggestions.

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Article eighth labor and social security inspection agencies to monitor the implementation of labour, shall perform the following duties:

(A) promote labour protection laws, rules and regulations, urging employers to implement;

(B) check the employer to comply with labor and social security laws, regulations and rules;

(C) the violation of labor and social security laws, regulations, acts, regulations, reports, complaints; (D) the legally correct and deal with acts in violation of labor and social security laws, regulations and rules.

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Nineth labor and social security inspection agencies to monitor the implementation of labor and social security on the following matters:

(A) the employer develop internal labor rules and regulations;

(B) the employer and the employee labor contracts;

(C) the employer compliance with the prohibition provisions of the child labour situation;

(D) the employer to comply with special rules on labour protection for women workers and underage workers;

(E) the employer comply with the provisions of the working hours, rest and leave;

(F) the employer pay the employee wages, the minimum wage and a monthly payroll system;

(G) the employers ' participation in the social insurance and payment of social insurance premiums;

(H) employment agencies, vocational training institutions and vocational skills examination and assessment institutions to comply with the relevant national employment agencies, vocational skills training and vocational skills examination and assessment of the provisions of the situation;

(I) the staffing firms and accepting units comply with the relevant provisions of dispatch;

(10) the employer comply with Hong Kong, Macao and Taiwan in the Mainland for employment and the employment of foreigners in China;

(11) the employer employment assistance, implementation of the provisions of the employment and Reemployment;

(12) the employer comply with the provisions of the vocational training and recruiting skilled;

(13) the employer recruiting personnel to be recruiting record and registration of employment;

(14) the employer respecting and implementing the wage payment provisions;

(15) the employer and the employee after termination of labor relations, employers for workers insurance transfers and so on, except for individuals unable to take care of;

    (16) other laws, regulations on labor security supervision.

Article tenth labor and social security inspection agencies to monitor the implementation of labor and social security, the right to take the following measures:

(A) entering the workplace of the employer for inspection;

(B) investigation, inspection asked the persons concerned;

(C) require the employer to provide investigation, inspection-related documentation and, if necessary, may issue a survey book;

(D) records, sound recordings, video recordings, photos and copy, collect relevant information and data;

(E) the registered public accounting firm on employer payment of wages and payment of social insurance premiums for the audit;

(F) if necessary, the evidence registered for keeping measures can be taken; (G) laws and regulations provided by the human resources and social security, investigations, measures taken by the administration.

� Clear and irrefutable evidence of the facts, would be able to handle violations of labor and social security laws, regulations, rules of behavior, to be corrected on the spot.

    � 11th municipal human resources and social security administrative departments shall establish credit evaluation system for labor security, employers monitor the management of labor security checks, employers were identified as different credit rating, established employers file integrity, full specifications employer labor and social security administration. Specific measures formulated by the municipal human resources and social security administrative departments separately.

    � 12th of municipal human resources and social security administrative departments within the administrative area of the labor and social security laws, regulations and rules in the implementation of issues focused organization special inspection activities, public security, industry and commerce, construction, real estate, construction, safety production supervision departments should be cooperative in accordance with their respective responsibilities.

� Lower labor security supervision organizations responsible for supervisory matters, level labor security supervision organizations on the need to monitor to draw level on labor security supervision organizations monitor; superior labor security supervision organizations when deemed necessary, can be monitored directly subordinate labor security supervision organizations in charge of labor and social security matters.

� Labor safeguard supervision between jurisdiction disputes on labor security supervision and approval of the common labor security supervision organizations at a higher level for designation of jurisdiction.

    � 13th people's Governments at various levels and departments concerned shall establish and improve labor and social security aspects of early warning mechanisms.

� Because of violation of labor and social security laws and regulations, regulations caused mass incidents, human resources and social security administrative departments shall, in accordance with the emergency plan, quickly, in conjunction with relevant departments for processing, and report to the people's Governments at the corresponding level and level of human resources and social security administrative departments.

� Governments at all levels should arrange the necessary funding for labour protection in sudden colony event of emergency support.

    � 14th labor security supervision organs at all levels should employ full-time labour protection inspectors, and according to the required appointment part-time labour protection inspectors. Labour protection inspectors must be familiar with human resources and social security business, master the knowledge of labor and social security laws, regulations, rules, principles, handle matters impartially.

� Labour protection inspectors when the labor and social security inspection shall not be less than 2 and wear marks on labor security supervision, job status, present a labor and social security inspection document.



    Street (Township people's Government) are equipped with labor security supervision and wardens responsible for employer basic information collection and reporting within their respective jurisdictions, simple labour dispute conciliation, report violations, with the full-time labor security supervision work of the Ombudsman.

15th labour protection inspectors to conduct investigations, inspections, bear the following obligations:

(A) shall perform their duties, and be impartial;

(B) keep informed in the performance of duties of the trade secret;

(C) the informer confidential; (D) compliance with labour protection inspectors challenge system.

    � 16th for labor security supervision and labor security supervision according to law, is protected by law, the employer shall cooperate, shall not hinder or obstruct, deny, for any reason.

    � 17th 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.

� Human resources and social security administrative departments the employer has contravened the labour laws, regulations, rules of behavior, you need to investigate and deal with, shall be filed in a timely manner.



    Human resources and social security administrative department or institution shall establish a report on labor security supervision, complaint letter boxes and public telephones.

    Article 18th labor security supervision organs investigated and dealt with violations of labor laws, rules and regulations, in accordance with the relevant provisions. Article 19th labor security supervision organizations in violation of labor and social security laws, investigations into rules and regulations, shall, within 60 working days from the day of filing the completed complex, approved by the head of the Administrative Department of human resources and social security, can be extended by 30 days.


Labor security supervision organs investigated during the labor and social security law, one of the following circumstances, approved by the Administration in charge of human resources and social security, suspension of investigations:

(A) issues relating to laws and regulations applicable require explanation or confirmation from the relevant authorities;

(B) identified the main facts are required by law to provide results based on the, which is not provided by the departments concerned;

(C) due to force majeure cannot investigate and collect evidence;

(D) the complainant does not provide valid evidence, and the respondents seek not relevant evidence; (E) other circumstances that warrant the suspension of an investigation in accordance with law.

� Circumstances to suspend the investigation eliminated, should resume the investigation, investigation time limit from the date of recovery calculated continuously.

� Cases under investigation or restore to suspend the investigation and shall inform the parties concerned.

� Investigations in the process of identification is needed, not included in the period of handling during the identification.

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    Article 20th counties (cities), human resources and social security administrative departments of labor security supervision organs to implement the administrative penalty, punishment should be within 10 working days from the date of entry into force submitted to the municipal labor and social security inspection record. 21st parties of human resources and social security administrative departments administrative punishment decision, ordered to pay workers ' wages, compensation or payment of social insurance premiums and other administrative decision fails to perform, human resources and social security administrative departments may apply to a people's Court for compulsory execution, or legally enforceable.



    Parties in violation of the provisions of the Act if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 22nd 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 Department of human resources and social security and labour protection inspectors illegal exercise of authority, violations of the legal rights of the employer or the worker shall bear liability.

    � 23rd article of the regulations as of the date of promulgation.