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Anshan City Labor And Social Security Inspection Requirements

Original Language Title: 鞍山市劳动保障监察规定

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Labour security inspection provisions in the municipality of San Francisco

(Summit No. 129 of 20 January 2012 of the Government of San Francisco to consider the adoption of the Decree No. 172 of 28 March 2012 on the date of publication of the date of publication)

Article 1 provides for the regulation of labour security inspections and the maintenance of the legitimate rights and interests of the worker, in accordance with the provisions of the Labour Guarantee Monitoring Regulations (No. 423 of the State Department of State Order) and the Labour Inspection Regulations of the Excellencies of the Province of New York, in the light of the actuality of my city.

Article 2 monitors compliance with labour security laws, regulations and regulations in the administration of this city by enterprises and individual businessmen (hereinafter referred to as agents) in accordance with this provision; conducts labour security inspections in accordance with the provisions of this provision by State bodies, business units, social groups, occupational representation agencies, vocational skills training institutions and vocational skills engineering institutions.

Article 3. Labour security inspections in the city and in the district (market), in the area of human resources and in the executive branch of social security. Labour security inspection agencies affiliated with the municipal and district (market), human resources in the district and the social security administration are specifically responsible for labour security inspections.

The municipal labour security inspectorate is responsible for carrying out labour safety inspections by State agencies, business units, social groups that establish labour relations with workers, vocational orientation agencies, vocational skills training institutions, vocational skills review bodies, occupational skills review bodies, and supervision by the provincial human resources and social security sector of labour guarantees in the provinces where they are entrusted; and, at the same time, are responsible for supervision of the work of district (communes), district labour safety monitoring institutions.

Districts (communes), district labour guarantees inspection agencies are responsible for carrying out labour safety inspections by State agencies, business units, social groups, occupational representation agencies, vocational skills training institutions, vocational skills engineering institutions, vocational skills engineering institutions, occupational skills engineering institutions.

Article 4

Article 5 Labour security inspections are guided by the principles of justice, openness, efficiency and popularity. Implementation of labour security inspections, adherence to education and punishment, and social oversight.

Article 6. Any organization or person has the right to report to the Human Resources and Social Security Administration on violations of labour security laws, regulations and regulations.

Violations of labour security laws, regulations, regulations and regulations reflected by the human resources and social security administration should be investigated by law and kept confidential.

Article 7. Trade unions maintain the legitimate rights and interests of workers in accordance with the law, and monitor compliance with labour security laws, regulations, regulations and regulations by the user units. Violations found in the oversight process may require that the human resources and the social security administration be addressed by law. In response to trade union requests, the human resources and the social security administration should be processed in a timely manner.

The Human Resources and Social Security Administration should take note of the views and recommendations of trade union organizations at all levels in the context of labour security inspections.

Article 8

(i) Promote the implementation of labour guarantees laws, regulations, regulations and regulations, and promote the implementation of human rights units;

(ii) Examination of compliance by the user unit with the labour security laws, regulations and regulations;

(iii) To receive reports and complaints of violations of labour security laws, regulations and regulations;

(iv) Recturing and investigating violations of labour security laws, regulations and regulations by law.

Article 9. Labour safeguards inspection by the Labour Security Monitoring Body on labour guarantees:

(i) The development of an internal labour security regulations by a person unit;

(ii) The case of a labour contract with the worker;

(iii) Compliance with the prohibition of child labour provisions by a user unit;

(iv) Compliance with the special labour protection provisions of female and minor workers by the user unit;

(v) Compliance with the terms of working hours and rest leave;

(vi) The payment of workers' wages, the implementation of the minimum wage standards and the payment of monthly reporting systems by a person unit;

(vii) Participation in social insurance and payment of social insurance contributions by a person's unit;

(viii) Occupational representation institutions, vocational skills training institutions and vocational skills appraisals comply with the State's provisions on vocational presentations, vocational skills training and vocational skills assessment;

(ix) Status of compliance with the relevant provisions for labour dispatching units and engineering units;

(x) The compliance of a user unit with the provisions on employment in China by the State in relation to ports, Macao, persons, etc.;

(xi) Implementation of employment assistance by a person unit to implement employment and re-employment provisions;

(xii) Observance by user units of vocational training and recruitment of technical workers;

(xiii) Status of recruitment by a user unit for the processing of recruitment procedures and employment registration;

(xiv) The compliance and implementation of the wage security provisions by the user unit;

(xv) After the dismissal of labour relations between a person's unit and the worker, the transfer of social insurance by a person unit is not possible for the personal reasons of the worker;

(xvi) Other labour security inspections under the laws, regulations.

Article 10. Labour security inspection agencies are entitled to take the following measures:

(i) Inspection of labour premises entering the user unit;

(ii) Inquired persons on investigation, inspection matters;

(iii) To request the user unit to provide documentation relevant to investigations, inspection matters, and, if necessary, to issue an enquiry;

(iv) Collection of information and information, including recording, recording, video, photography and reproduction;

(v) Authorize the registered account to conduct an audit of the payment of the royalties and the payment of social insurance;

(vi) Where necessary, evidence-based registration measures may be taken;

(vii) Other investigations, inspection measures that may be taken by the human resources and social security administration.

Violations of labour security laws, regulations, regulations and regulations, which are clearly, substantiated and processed at the workplace, are entitled to redress at the time.

Article 11. The urban human resources and social security administration should establish a labour safety and integrity evaluation system, monitor the management of labour security in the user unit, identify the different levels of credit, establish the integrity of the author's unit and fully regulate the labour security of the unit. Specific approaches were developed by the urban Human Resources and Social Security Administration.

Article 12

The supervisory responsibility of the lower-level labour security inspectorate is of the view that the inspection of the labour security inspectorate at the superior level may be required to draw the inspection of the labour security inspectorate at the superior level; and, if necessary, the supervisory body of the parent labour security inspectorate can direct inspection of labour security matters.

The labour security inspectorate has disputed the jurisdiction of the labour security inspectorate and is asked to designate a common superior labour security inspectorate.

Article 13. Governments of all levels and their relevant sectors should establish early warning mechanisms for the protection of labour security.

The human resources and the social security administration should deal promptly with the relevant sectors, in accordance with the emergency response scenarios, and report on time to the people's Government and the human resources and social security administration at the highest level.

Governments at all levels should arrange the necessary funds for emergency security for emergencies in relation to labour security.

Article 14. The labour security inspectorate at all levels shall be equipped with a dedicated labour security ombudsman and may be employed as part-time labour security ombudsman, as required. The Labour Guarantee Ombudsman must be familiar with human resources and social security operations, with legal, regulatory and regulatory knowledge of labour guarantees, uphold the principles and act in good faith.

The Labour Guarantee Ombudsman shall not be less than two in the course of carrying out the labour security inspectorate and wear the labour security watch mark, describing the status of work and presenting a labour security inspection document.

The Street Office (the People's Government of Towns) is equipped with the Labour Security Monitoring Board, which is responsible for collecting basic information from the human unit within the current jurisdiction, mediating simple labour disputes, reporting on violations and cooperating with the full-time Ombudsman in carrying out labour safety inspections.

Article 15. When the Labour Guarantee Ombudsman investigates, examines the following obligations:

(i) To carry out their duties in accordance with the law and in good governance;

(ii) Conservation of commercial secrets known in the performance of their duties;

(iii) The confidentiality of the reporting person;

(iv) To comply with the labour guarantee against the ombudsman regime.

Article 16 Labour security inspectors are subject to legal protection, and human units should cooperate without prejudice to, obstruction and rejection on any grounds.

Article 17 Labour safeguards inspections are carried out in the form of routine inspections, review of written material delivered by the user's units, as well as the receipt of complaints.

The Human Resources and Social Security Administration considers that there is a violation of labour security laws, regulations, regulations and regulations and that investigations should be handled in a timely manner.

The human resources and social security administration or the labour security inspectorate should establish reporting, complaint kits and public telephones.

Article 18

Article 19 Labour safeguards inspection bodies should be completed within 60 working days of the date on which the labour security laws, regulations and regulations are violated; the situation is complex and, with the approval of the heads of human resources and social security administration, 30 working days could be extended.

The Labour Security Inspectorate has one of the following cases during the investigation of labour guarantees in violation cases, with the approval of the principal heads of the human resources and social security administration to suspend the investigation of cases:

(i) Questions relating to the application of laws, regulations require interpretation or recognition by the relevant organs;

(ii) Determining that the main facts are required by law to provide the basis for the results of the processing, which are not provided by the relevant departments;

(iii) The fact that a force majeure cannot be investigated;

(iv) The complainant could not provide legal and effective evidence and the investigationor would not be able to obtain the relevant evidence;

(v) Other cases of investigation should be suspended by law.

Subsequent to the elimination of the investigation, the investigation should be resumed and the investigation period shall be calculated on a continuous basis from the date of recovery.

The parties concerned should be informed of the suspension of the investigation or the resumption of the investigation.

The case investigation process needs to be validated and the duration of the investigation is not taken into account.

Article 20 Administrative penalties imposed by the labour security inspectorate of the district, the human resources of the district and the social security administration shall be reported within 10 working days of the date of the punishment.

Article 21 imposes administrative penalties on the human resources and social security administration, imposes orders on the payment of workers' wages, compensation or payment of social insurance payments, and the human resources and social security administration can apply to the enforcement of the People's Court or to the enforcement of the law.

Violations of this provision by the parties constitute a serious offence and are criminally prosecuted by law.

Article 2 of the Labour Guarantees ombudsman abuse of his or her duties, obscene, provocative fraud or disclosing the commercial secrets known in the course of his or her duties, giving administrative treatment under the law; constituting an offence, criminal responsibility under the law.

The Human Resources and Social Security Administration and the Labour Guarantee Ombudsman are in breach of their duties and violate the legitimate rights and interests of the user's unit or the worker.

Article 23 of the present provision is implemented from the date of publication.