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(The 10th ordinary meeting of the People's Government of Anguégué Province, held on 4 July 2008, considered the adoption of the Decree No. 213 of 15 July 2008 on the date of publication) Chapter I General Article 1 regulates labour security inspections in order to preserve the legitimate rights and interests of workers, in accordance with the laws, regulations and regulations of the People's Republic of China Labour Code, the Labour Contracts Act of the People's Republic of China, the Labour Guarantees Monitoring Regulations of the Republic of China. Article 2 conducts labour safety inspections for enterprises within the province's administration, individual economic organizations, non-commercial units (hereinafter referred to as an owner unit). Article 3. Governments of more people at the district level should strengthen labour security inspections. The labour security inspection requirements are included in the current financial budget. Article 4 The labour security administration can commission labour safety inspections by organizations that meet the labour security monitoring requirements. The executive branch should be subject to administrative law enforcement supervision by the Government of the people at this level when the labour security inspectorate is carried out. The organization provided for in the preceding paragraph shall meet the following conditions: (i) Organization of cause for the management of public affairs, approved by the Government of the people at the district level; (ii) Staff who are familiar with the labour security laws, regulations, regulations and operations; (iii) Technical examination or technical recognition of the need for an offence shall be subject to the organization of the corresponding technical examination or technical identification; (iv) Other conditions under the law, regulations. The relevant sectors of the population at the district level, within their respective responsibilities, are in charge of monitoring labour security. Article 5 Labour guarantees inspectors in the executive branch and in organizations entrusted with carrying out labour safety inspections shall participate in the law enforcement qualification examinations and obtain law enforcement qualifications. Article 6. Trade union organizations at all levels maintain the legitimate rights and interests of workers in accordance with the law and oversee the compliance of the user units with the laws, regulations and regulations of labour guarantees. Where trade union organizations perform their functions under the law, the relevant branches of government should be supported and assisted and the human unit should be aligned. The Labour Guarantees Administration should receive advice and proposals from trade union organizations in the work of the Labour Guarantee Monitoring; when investigating major offences or organizing specialized law enforcement inspections, it should be invited to participate in the same trade union organizers. Chapter II Article 7. Labour guarantees the executive branch to carry out labour safety inspections and duties as follows: (i) Promote, implement and implement labour security laws, regulations and regulations; (ii) Examination of compliance by the user unit with the labour security laws, regulations and regulations; (iii) To receive complaints, reports of violations of labour security laws, regulations or regulations; (iv) Recturing and investigating violations of labour security laws, regulations or regulations by law. Article 8. The Labour Security Administration undertakes labour safety inspections on matters under article 11 of the Labour Safety Monitoring Regulations, with a focus on the following offences: (i) The unlawful recruitment of minors under the age of 16 by a person unit; (ii) The seizure of resident identification and other documents by a person's unit requiring workers to provide security or otherwise collect property on behalf of the worker; (iii) The labour of forced labourers using human units that are violent, threatened or unlawfully restrict the liberty of the person; (iv) A person's unit does not enter into a labour contract with the worker under the law or is in breach of a labour contract; (v) A person's unit does not pay the worker's economic compensation in accordance with the law; (vi) In violation of the State's provisions for the extension of working hours; (vii) A person's unit, which is charged with or is in arrears in the wages of the worker; (viii) A person's unit refuses to pay or does not pay a standard salary and holiday payment for the worker's extended working hours; (ix) The payment of workers' wages by a person unit below the local minimum wage standards; (x) A person's unit violates the special labour protection requirements of female workers, minor workers and persons with disabilities; (xi) The use by a user unit of workers who should be obtained without a national vocational qualifications certificate to engage in the corresponding technical works; (xii) A person's unit does not participate in social insurance as prescribed; (xiii) Occupational representation institutions, vocational skills training institutions and vocational skills assessment institutions violate the State's provisions for career presentations, vocational skills training and vocational skills assessment; (xiv) Other violations of labour security laws, regulations or regulations. Article 9. The Labour Security Administration may hire labour security law monitors from units such as the Government concerned, the social organization, the press unit, the business, and assist the labour security administration in carrying out labour safety inspections. Article 10 (i) Promotion of labour security laws, regulations and regulations; (ii) To monitor compliance with labour security laws, regulations and regulations by the user unit; (iii) To reflect, transmit complaints, charges of violations of labour guarantees laws, regulations or regulations; (iv) To assist the labour security administration in carrying out specialized inspections, good faith evaluations and critical case discussions. Chapter III Labour security inspection Article 11. Labour security inspection of the user unit is governed by the executive branch in the district (market, area) where the unit works. Of these, the labour security inspection of the registered unit of the registered registrants registered in the area is governed by the municipal labour security administration. The provincial labour security administration is responsible for the handling of cases of labour security that have a significant impact in the province or at the lower level. The Labour Security Administration has disputed the jurisdiction of labour security inspections, and the executive branch is requested to designate a common superior labour guarantee authority. Article 12 Labour safeguards inspections are carried out in the form of routine inspections, written reviews, special inspections and the receipt of complaints investigations. Article 13. Any organization or person has the right to report to the Labour Guarantee Administration. Reports may be made in writing, oral, telephone or e-mail. The Labour Security Administration should make public reports of telephones and e-mail boxes, design special rapporteurs to receive reports and confidential the reportingers. The whistleblowers of the report were rewarded for the reporting of the facts and the provision of the main line and evidence for the purpose of the investigation. Article 14. Complaints should be submitted to the labour security administration by the complainant. The writing of the complaint instrument is difficult and can be heard orally. In the case of verbal complaints, the Labour Guarantees Administration should prepare a complaint note to the complainant and be confirmed by the complainant. When the Labour Guarantees Administration receives complaints, a review of the matter of the complaint should be carried out and the review of the complaint was informed. In line with the following circumstances, the Labour Security Administration should have a case of five working days from the date of receipt of the complaint: (i) The identity of the complainant; (ii) A clear unit of the complainant and the legitimate rights and interests of the complainant are the result of a violation by the author's unit of the labour security law, legislation or regulations; (iii) Labour guarantees are governed by the labour security sector that receives complaints; (iv) Violations of labour security laws, regulations or regulations, as reflected in complaints matters, occurred in two years. Complaints that do not meet the provisions of the preceding paragraph and require additional material, the Labour Security Administration should inform the complainant of additional material at the time. In one of the following cases, the Labour Security Administration should inform the complainant of the treatment in accordance with labour disputes or proceedings: (i) It should be addressed through the labour dispute resolution process; (ii) Applications for mediation and arbitration in accordance with the labour dispute resolution process; (iii) Labour disputes have been initiated. In cases where complaints do not fall under the jurisdiction of this sector, the Labour Security Administration should inform the complainant of complaints to the competent organs. Article 17. The Labour Security Administration, through routine inspection, written review, reporting and so-called conduct of a person's unit in violation of the labour security laws, regulations or regulations, requires the investigation to be handled and should be made promptly. Article 18, when the Labour Security Ombudsman investigates, examines, shall not be less than two persons, and should be assembled in law enforcement symbols and present law enforcement documents. Article 19 ombudsman for labour security inspections and one of the following cases should be avoided: (i) himself is an immediate family of the inspectorate's legal representative or principal; (ii) Individual or close relatives have a direct stake in matters relating to the conduct of investigations; (iii) Other circumstances that may affect the fair handling of cases. In the opinion of the parties, the Labour Guarantee Ombudsman should be avoided in accordance with the preceding paragraph and should submit a written application to the labour security administration in which the Labour Guarantee Ombudsman was present, and whether the Labour Security Administration took a decision within three working days from receipt of the request. Until the decision was taken, the Labour Guarantee Ombudsman did not stop the investigation of the case. Article 20 guarantees the executive branch to carry out labour safety inspections in accordance with the law and the right to take the following investigations, inspection 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; (iv) Collection of information and information, including recording, recording, video, photographing or reproduction; (v) Authorize the auditors to conduct an audit of the payment of royalties and payment of social insurance. When the labour security administration conducts on-site inspections, the relevant heads of the inspectorate and other relevant personnel should answer the question in question, such as the provision of work vouchers, wages payments, labour contract performance and other relevant information, without obstruction, concealment, avoidance. On-site inspection should produce a notice and be signed by the Labour Guarantee Ombudsman and the inspectorate's unit in relation to the parties concerned, and by the inspector's unit refusing to sign or chapter, the Labour Guarantee Ombudsman notes the refusal. Article 2 guarantees the obligation of the executive to provide wage payment vouchers or to participate in the relevant evidence, such as social insurance, when investigating the payment of wages by a person's unit or the absence of a complaint for social insurance. A person's unit refuses to provide or cannot provide evidence at a later stage, and the labour security administration can determine the facts according to the evidence provided by the complainant and impose a time limit on the payment of the salary or participation in social insurance as prescribed. Article 23. When the labour security administration implements labour safety inspections, a notice of labour security inspections may be sent to the user unit and its associated personnel, and the unit and its associated personnel shall respond in accordance with the time frame and requirements set out in the letter of labour security. Article 24 of the Labour Guarantees Administration's clear, substantiated and accessible labour security violations should be dealt with on the ground. Labour security cases that need to be investigated should be completed within 60 working days of the date of the trial; complex cases, with the approval of the head of the labour security administration, could extend 30 working days. Article 25. The executive branch shall be informed of the right of the parties to require hearing; administrative penalties or administrative processing decisions shall be communicated to the person's unit in accordance with the law to apply for administrative review or to initiate administrative proceedings. Article 26 The Labour Security Administration should establish a good faith in the labour security of the unit and provide access to the society without compensation. There are significant labour security violations in the hands of the relevant labour security administration. Chapter IV Legal responsibility Article 27 consists of one of the following acts by the Labour Guarantee Executive Order, which is fined in accordance with the criteria of more than 3,000 yen per worker who has been infringed; and, in exceptional circumstances, in accordance with the criteria of €300,000 above: (i) Organizing female workers to work under mines, work on the strength of the fourth level of physical force provided by the State or other prohibited labour; (ii) The placement of female workers in high-level, low-ware, refrigeration operations or at the level of work required by the State; (iii) Arrange pregnant women workers for work of the State-mandated labour force at the third level or work carried out by the pregnancy ban; (iv) Organizing night work for women workers who have been pregnant for more than seven months or extend their working hours; (v) Organizing maternity leave for women workers for less than 90 days; (vi) Arrange for female workers to engage in the work of the third-tier force of labour under the age of 1 years or other work carried out by the State's provisions for the babies, as well as the extension of their working hours or the placement of their night work; (vii) Arrange for minor workers to work under mined wells, toxic hazardous and fourth-level labour force under State regulations or other prohibited labour; (viii) No minor work is scheduled to conduct regular health inspections. Article 28 provides that more than one month after the date of the work of the employed person, a written labour contract has not been concluded with the worker for a period of less than one month, and the labour guarantee that the executive branch pays two times the wages per month to the worker. In the absence of a fixed-term labour contract with eligible workers, the labour guarantee that the executive officer's responsible unit pays two times the worker's salary on a monthly basis from the date of a fixed-term labour contract. Article 29 provides that a person's unit is charged with the worker in the name of security or other name, which is returned by the labour security administration to the property collected and is fined in accordance with the criteria set out below H$ 500 million per person, and liability should be borne by the worker. The worker is dismissed or terminated by law and the person's unit is seized of the worker's archives or other items, and the labour security administration is punished in accordance with the preceding paragraph. Article 31 imposes a fine on the basis of the criteria of more than 300 dollars per person who has been infringed by the labour security administration, which is warned by the labour guarantee administration that the period of time is being changed and can be calculated in accordance with the standards of the less than 300 dollars per person. Among them, workers are female workers who are pregnant for more than seven months or who have been breastfeeding for a child under one year of age, and are punished under article 27 of this scheme. Article 31 consists of one of the following acts by the Labour Guarantees Administration, which is responsible for paying workers' wages for a period of time, the difference between the worker's wages and the local minimum wage standards or the economic compensation for the dismissal of the labour contract; the impoverishment of the period of time and the payment of compensation to the worker in accordance with the standard of the amount payable: (i) Civic or non-expended payment of wages to workers; (ii) The payment of wages for workers less than the local minimum wage; (iii) The dismissal of labour contracts is not reimbursed by law for the labour market. Article 32, when the number of social insurance premiums to be paid by the social insurance agencies, conceals the total salary or the number of workers, is vested in the labour security administration to order their corrections and imposes a fine of more than three times the amount of the salary paid. A person's unit is charged with the treatment of social insurance or for the expenses of the Social Insurance Fund, which is returned by the Labour Guarantees Executive Order and is fined for more than three times the amount, which constitutes a crime and is criminally charged by law. Article XIII provides that vocational orientation agencies, vocational skills training institutions and vocational skills review bodies violate the provisions of the State's related vocational presentations, vocational skills training and vocational skills assessment, which are redirected by the Labour Security Administration, confiscation of proceeds of conflict and fines of up to $300,000, in the event of severe penalties of up to $3000 million, and suspension of licences. Without the permission of the executive branch, organizations or individuals engaged in vocational presentations, vocational skills training or career skills assessment are handled by the labour security administration, the business administration sector, in accordance with the State's regulations governing the conduct of inspections and prohibitions. Article 34 contains one of the following acts, which is being corrected by a labour guarantee administrative order, punishable by a fine of up to 100,000 dollars in the year 2000; in the event of a severe fine of up to $100,000: (i) To deny or block the entry into the workplace by the executive in accordance with article 20 of this approach; (ii) Not to send written material in accordance with a request from the Labour Security Administration to conceal the facts, to justify or conceal and destroy evidence; (iii) Restructuring the executive branch of labour, or refusing to comply with the decisions of the executive branch of labour security. Article 33XV, in violation of labour guarantees laws, regulations or regulations, imposes liability under the law. Workers and agents are disputed with respect to compensation and are treated in accordance with the State's provisions concerning labour disputes. Article 36, in violation of labour security laws, regulations or regulations, constitutes a violation of the law of security and is punishable by law by public security authorities; constitutes a crime and is criminally criminalized by law. Article 37 guarantees the executive branch or the labour security ombudsman with one of the following acts, which are taken in accordance with the law by the competent and direct responsible person directly responsible, and which constitutes an offence and is criminally liable under the law: (i) To take advantage of the power to gain private gain; (ii) Disclosure of the commercial secrets of the inspectorate; (iii) Disclosure of the information of the reporters; (iv) Law enforcement without prescribed law enforcement procedures and content; (v) Failure to receive complaints, report or receive complaints in accordance with the law, which are not dealt with within the statutory time frame; (vi) The failure to detect, correct the unlawful conduct of work by the user's units in a timely manner, causing serious consequences; (vii) There are other provocative fraud, abuse of authority, and obscene behaviour. Labour guarantees that the executive branch and the Labour Guarantee Ombudsman perform their duties in violation of the legitimate rights and interests of the person's unit or the worker and inflict damage, and are liable under the law. Article 338, which is a matter of labour security under this scheme, provides that the laws, regulations and other regulations impose additional penalties, from their provisions. Chapter V Article 39 conducts labour safety inspections for job introduction agencies, vocational skills training institutions and vocational skills assessment bodies in implementing labour safety laws, regulations and regulations, and is implemented in accordance with this approach. The implementation of labour security laws, regulations and regulations by State organs, utilities, social groups is monitored by the Labour Security Administration in accordance with this approach. Article 40 The Labour Inspectorate in Angué Province was repealed on 2 September 1997. |
