Anhui Provincial Labor And Social Security Inspection Measures

Original Language Title: 安徽省劳动保障监察办法

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(On July 4, 2008 Anhui Province Government 10th times Executive Conference considered through on July 15, 2008 Anhui Province Government makes No. 213, announced since announced of day up purposes) first chapter General first article to maintenance workers of lawful rights and interests of, specification labor guarantees monitored work, according to People's Republic of China labor law, and People's Republic of China labor contract method, and labor guarantees monitored Ordinance, legal, and regulations, combined this province actual, developed this approach.
    Article within the administrative areas of this province, enterprises, individual economic organizations and private non-enterprise units (hereinafter referred to as the employer) for labor security supervision, these measures shall apply. Third labor security under the people's Governments above the county level shall strengthen the supervision work.
    Labor security supervision requirements are included in the financial budgets. Fourth people's Governments above the county level labor and social security administrative departments of labor security supervision and work within their respective administrative areas. Administrative departments of labor security may entrust in line with conditions of labor security supervision and law enforcement organizations to implement labor security supervision.
    Implementation of labor and social security administrative departments of labor security supervision, shall be subject to the administrative supervision of the people's Governments at the corresponding level.
    Qian paragraph provides of organization should meet following conditions: (a) County above Government approved established of management public affairs of career Organization; (ii) has familiar labor guarantees legal, and regulations, and regulations and business of staff; (three) on violations need for technology check or technology identification of, should has conditions organization corresponding of technology check or technology identification; (four) legal, and regulations provides of other conditions.
    Relevant departments under the people's Governments above the county level within their respective areas of responsibility, completes work on labor security supervision.
    Article fifth labour and social security administrative departments and entrusted with the implementation of the labor security supervision organizations in labor and social security inspection shall participate in the law enforcement examination and qualify for law enforcement. Sixth, 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.
    Trade unions at all levels to perform their functions, shall support and assist the relevant government departments, the employer shall cooperate with.
    Administrative departments of labor security in labor security supervision work of trade union organizations should be heard in comments and suggestions; administrates the violations or organized special inspection of law enforcement, should be invited to trade union organizations attended at the same level.
    Second chapter labor guarantees monitored duties seventh article labor guarantees administrative sector implementation labor guarantees monitored, perform following duties: (a) publicity, and implement and implementation labor guarantees legal, and regulations and regulations; (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 complaints, and reported; (four) law corrected and investigation violation labor guarantees legal, and regulations or regulations of behavior.
    Eighth article labor guarantees administrative sector on labor guarantees monitored Ordinance 11th article provides of matters implementation labor guarantees monitored, focus investigation following violations: (a) employing units illegal enrollment with not full 16 age minor people of; (ii) employing units seized enrollment with workers of identity card and other documents, requirements workers provides guarantees or to other name to workers charged property of; (three) employing units to violence, and threat or illegal limit liberty of means forced workers labor of;
    (Four) employing units not law and workers signed labor contract or illegal lifted, and terminated labor contract of; (five) employing units not law paid workers economic compensation of; (six) employing units violation national provides extended workers work time of; (seven) employing units deduction or arrears workers wage of; (eight) employing units refused to paid or not by standard paid workers extended work time of wage paid and holiday overtime wage paid of; (Nine) employing units to below local minimum wage standard paid workers wage of; (ten) employing units violation female workers, and minor workers, and disability workers special labor protection provides of; (11) employing units using should made and not made national career qualification certificate of workers engaged in corresponding technology jobs of; (12) employing units not by provides participate in social security of; (13) career introduced institutions, and career skills training institutions and career skills assessment identification institutions violation national about career introduced, and
    Vocational training and vocational skills examination and assessment requirements (14) other acts in violation of labor and social security laws, rules or regulations.
    Nineth administrative departments of labor security from relevant government departments, social organizations, news media, enterprises and other units to employ labor and social security law's supervisor, assist the administrative departments of labor security in labor security supervision.
    Tenth Article labor guarantees legal supervisor duties: (a) publicity labor guarantees legal, and regulations and regulations; (ii) supervision employing units comply with labor guarantees legal, and regulations and regulations; (three) reflect, and transmitting on violation labor guarantees legal, and regulations or regulations of behavior of report, and charged; (four) assist labor guarantees administrative sector carried out special check, and integrity evaluation, and major case discussion, labor guarantees monitored work. Chapter labor security supervision and labor security supervision of employers implementing the 11th article, unit labor seat of the County (city, district) administrative departments of labor security.
    Which, in the districts, registration and administration departments at or above the registration of employers of labor and social security inspection, by the municipal labor and social security administration departments divided into districts.
    Provincial labour and social security administrative departments in charge in the province has a significant impact or level administrative departments of labor security under difficult and request processing, labor and social security law.
    Labor and social security administrative departments of labor security supervision of jurisdictional dispute and submit them to the common jurisdiction of the administrative departments of labor security specified at a higher level.
    Labor security supervision to routine inspections, the 12th article, written examination, special inspection and acceptance forms such as complaint investigation. The 13th article of any organizations or individuals for violation of labor security, to report to the administrative departments of labor security.
    Reports can take the form of written, verbal, telephone or e-mail. Administrative departments of labor security telephone hotlines and e-mail addresses, designate accepted reports, and the informer confidential.
    Reports are true, in order to investigate major violations of labor security provide major clues and evidence of the informer reward. 14th employer violations of labor rights of workers, and workers themselves or their close relatives the right to complaint to the administrative departments of labor security. Complaints should be handled by the complainants submit complaints to the administrative departments of labor security instruments. Instruments written complaints where there is difficulty, an oral complaint.
    Oral complaints, labour and social security administrative departments shall make make a written complaint to the complainant read out on the spot, and confirmed by the complainant. 15th administrative departments of labor security after receiving the complaint, shall review the complaint, and will review the opinion to the complainant. On meet following situation of, labor guarantees administrative sector should since received complaints of day up 5 a days within filed: (a) complaints people identity clear of; (ii) has clear of was complaints employing units, and complaints people of lawful rights and interests of by against is was complaints people employing units violation labor guarantees legal, and regulations or regulations of behavior by caused of; (three) belongs to labor guarantees monitored range and by accepted complaints of labor guarantees sector jurisdiction of; (four) complaints matters reflect of violation labor guarantees legal, and
    Rules or regulations occurs within 2 years.
    Does not meet the provisions of the preceding paragraph, the need for additional complaints, labor and social security administrative departments shall notify the complainant of the supplementary materials on the spot.
    16th complaint under any of the following circumstances, labor and social security administrative departments shall inform the complainants, in accordance with the labour dispute or proceedings: (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.
    Does not belong to the Department's complaints, labor and social security administrative departments shall inform the complainant complained to the jurisdiction organs.
    17th passed inspections by the administrative departments of labor security inspections, writing reviews, reports and other employers have found violations of labor and social security laws, regulations or rules of behavior, needs to be investigated, case investigated and dealt with in a timely manner.
    18th labour protection inspectors to conduct investigations, inspections, shall be not less than 2, and should wear a law enforcement logo, produce their documents.
    Article 19th labor security supervision and labour protection inspectors, has one of the following situations shall recuse themselves: (a) I was monitoring the employer's legal representative or close relatives of the Chief, (ii) or their close relatives and contractors to deal with matters have a direct interest in the case and (iii) other circumstances that might affect the impartial handling of cases. Think that labour protection inspectors in accordance with provisions of the preceding paragraph shall withdraw, should write to the Ombudsman's labour and social security administrative departments of labor security applications, administrative departments of labor security in 3 working days from the date of receipt of the application within the labor and social security whether the decision of the Ombudsman.
    Prior to decision making, labor security supervision does not put an end to the investigation and handling of the case. 20th article labor guarantees administrative sector law 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; (four) take records, and recording, and video, and photography or copy, way collection about situation and information; (five) delegate accountants firm on employing units wage paid, and Payment of social insurance premiums for the audit.
    21st administrative departments of labor security supervision, checked the employer's official and other relevant people shall answer questions truthfully, truthfully provides time and attendance, payroll, labor contract and other relevant information shall not be obstructed, concealment and avoidance.
    Site monitor shall make a written record, and by the labor and social security inspection and check employer signed or sealed by the parties concerned; check employer refuses to sign or seal, the labor and social security indicate the cause for refusal of the Ombudsman. 22nd administrative departments of labor security in investigating employer wage arrears or is not required to participate in the social insurance complaint, were complaints of employers to provide wage payment or obligation to participate in social security and other related evidence.
    Employers refuse to provide it or he is unable to provide evidence, the administrative departments of labor security can provide evidence for ascertaining the facts according to the complainant, and ordered the employer to pay within or required to participate in social security.
    23rd implementation of labor and social security administrative departments of labor security supervision, can be issued to the employer and the labor and social security inspection inquiry notice, the employer and its staff shall be as stipulated in the notice of labor security supervision and asked time and called for its return. 24th administrative departments of labor security in fact clear and irrefutable evidence and be able to deal with breaches of the labour and social security shall be processed on the spot.
    Labor and social security law for investigation, shall, within 60 working days from the day of filing the completed complex cases, approved by the administrative departments of labor security, can be extended by 30 days.
    25th article labor guarantees administrative sector on violation labor guarantees legal, and regulations or regulations of behavior made administrative punishment or administrative processing decided Qian, should heard employing units of statement, and defence; made larger amounts fine, and revoked license, major administrative punishment Qian, should told party has requirements held hearing of right; made administrative punishment or administrative processing decided, should told employing units law enjoys application administrative reconsideration or filed administrative litigation of right. 26th a labour and social security administrative departments shall establish the employer of labor and social security law file integrity, and query services provided free to the community.
    Employers have a major violation of labor security, by the administrative departments of labor security to the public.
    Fourth chapter legal responsibility 27th 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 3000 Yuan following of standard calculation, sentenced fine; plot serious of, according to 3000 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 pregnancy female workers 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) arrangements female workers 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, and extended its work time or arrangements its night labor of; (seven) arrangements minor workers engaged in mine well Xia, and toxic harmful, and national provides of fourth level manual strength of labor or other taboo engaged in of labor of; (eight) not arrangements minor workers regularly for health check of.
    28th more than 1 month from the date of employment of the employer for less than 1 year are not written labor contracts with laborers, labor and social security administration to order the employer to the employee wages paid twice a month.
    The employer does not meet the conditions workers labor contract without a fixed period, labor and social security Administrative Department shall order the employer shall enter into a labor contract without a fixed period twice a month to the employee as of the date of the wage.
    29th an employer on behalf of the guarantee or other charge to the employee's goods, be ordered by the administrative departments of labor security period refund charge of property of the employer, of less than 2000 Yuan and 500 yuan per person above standard, and impose a fine pose risk to workers should be liable for.
    Laborer's dissolution or termination of the labor contract, employers seized workers file or other goods, the administrative departments of labor security in accordance with the provisions of the preceding paragraph. 30th the employer illegal extension of employees ' working hours, the administrative departments of labor security warning, rectification, and can follow the workers violated standard of less than 100 Yuan and 300 yuan per person, and impose a fine in serious cases, in accordance with the standard of less than 300 yuan and 500 yuan per person, punishable by a fine.
    Among them, the worker is pregnant for more than 7 months or breast-feeding female workers is under 1 year old baby, in accordance with article 27th punishment.
    31st article employing units has following behavior one of of, by labor guarantees administrative sector respectively ordered its 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 deadline paid, and according to meet amount 1 time times 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.
    32nd 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 be ordered to correct, with concealed wages 1 time more than 3 times the amount of a fine.
    Employers obtain insurance or obtaining social insurance fund, the labor Security Administration Department is ordered to return and impose fined not more than the amount defrauded more than 1 time times 3 times constitutes a crime, criminal responsibility shall be investigated according to law.
    33rd employment agencies, vocational training institutions and vocational skills examination and assessment body in violation of the relevant employment agencies, vocational skills training and vocational skills examination and assessment of the provisions of the administrative departments of labor security ordered corrective action and illegal income shall be confiscated, and a fine of 10000 Yuan more than 30000 Yuan fines; the circumstances are serious, 30000 Yuan more than 50000 Yuan fines, revoking licenses.
    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 Department, administration for industry and commerce in accordance with the relevant operating without a license of the State investigation, suppression provisions. 34th article employing units has following behavior one of of, by labor guarantees administrative sector ordered corrected, can sentenced 2000 Yuan above 10000 Yuan following of fine; plot serious of, sentenced 10000 Yuan above 20000 Yuan following of fine: (a) refused to or block labor guarantees administrative sector in accordance with this approach 20th article provides into work places check, and survey of; (ii) not according to labor guarantees administrative sector requirements submitted written material, hide facts truth, issued perjury or hidden, and destruction evidence of
    (Iii) correction by the labor and social security administration departments refused to correct, or refusing to comply with labour and social security administrative departments administrative decisions. 35th employer violations of labor and social security laws, regulations, or rules, of damage to workers, legally undertake the compensation responsibility.
    Workers and employers on the dispute of compensation, in accordance with relevant State provisions of the labor dispute.
    36th employer violations of labor and social security laws, rules or regulations, 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. 37th article labor guarantees administrative sector or labor guarantees monitored Member has following behavior one of of, on directly is responsible for of competent personnel and directly responsibility personnel, law give disposition; constitute crime of, law held criminal: (a) using terms seek self-interest of; (ii) leaked was check employing units commercial secret of; (three) leaked whistleblower about situation of; (four) not by provides of law enforcement program and content for law enforcement of; (five) not law accepted complaints, and reported or accepted complaints, and
    Reports are not processed within statutory time limits; (vi) is not detected and corrected the employer illegal labor practices, resulting in serious consequences, (VII) other acts of favoritism, abuse their powers, neglect their duties.
    Administrative departments of labor security and labour protection inspectors illegal exercise of authority, violating the legitimate rights and interests of the employer or the employee and causing damage, the violator shall bear liability.
    38th belongs to the labor and social security matters as provided herein, the laws, regulations and provisions of other regulations on punishment of from its provisions.
    Fifth chapter supplementary articles article 39th employment agencies, vocational training institutions and vocational skills examination and assessment institutions to implement labor and social security laws and regulations and regulations on labor security supervision, according to the implementation of these measures.
    State organs, institutions, social organizations, enforcement of labor protection laws, rules and regulations, the administrative departments of labor security in accordance with the implementation of the measures for labor security supervision. 40th purposes herein from the date of publication.
                                      Released on September 2, 1997, the provincial government abrogated the provisions of the labour inspection in Anhui Province.

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