Interim Provisions On The Supervision And Administration Of Labor In Rural Areas In Shanxi Province

Original Language Title: 山西省农村地区劳动用工监督管理暂行规定

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(July 20, 2007 the 106th meeting of the people's Government of Shanxi province considered by people's Government of Shanxi province, on July 29, 2007 announced order No. 209 come into force on September 1, 2007) Chapter I General provisions article to strengthen the supervision and management of labor and employment in rural areas, establish harmonious and stable labor relations, protect the legitimate rights and interests of workers, in accordance with the People's Republic of China Labour Code, the People's Republic of China Law on labor contracts, the protection of migrant workers ' rights in Shanxi province Ordinance and other laws,
    Regulations, and the facts of the province, these provisions are formulated.
    Article legally established enterprises in the rural areas of the province and individual economic organization (hereinafter called the employer) supervision and management of labor, these provisions shall apply.
    Third people's Governments above the county level labor supervision and management of the Organization and leadership within their respective administrative areas. Labour and social security administrative departments at and above the county level are responsible for the jurisdiction supervise and administer the employment of the employer.
    The superior administrative departments of labor security guidance and oversee the work of subordinate administrative departments of labor security.
    Administration of industry and commerce, land and natural resources, coal, health, and safety production supervision departments, shall, within the scope of their respective duties, cooperate with employer labor administrative departments of labor security supervision and management.
    Public security organs shall be responsible for the employer's temporary management and crack down on illegal detention, forced labor, illegal use of child labor and other illegal and criminal activities.
    Trade unions at all levels shall, in accordance with statutory duties, the employer labor supervision and safeguard their legitimate rights and interests.
    Fourth people's Governments above the county level should enrich and strengthen labor security supervision organs, improve the labor and social security inspection network.
    The administrative departments of labor security in the rural County (towns and streets) establishment of labor and social security agencies, as its agency, public employment services, social security, employment, regulatory and labor security supervision and other responsibilities. County administrative departments of labor security in villages and the employer hired labor security supervision and focal point.
    Liaison officers found illegal employer employment situation should be promptly reported to the labor security supervision and law-enforcement agencies, and assist in the routine inspection of the employer.
    The fifth Township (town) people's Governments, neighborhood offices shall perform their statutory duties, employment within their respective administrative areas supervisory and administrative work, support and coordination in the administrative departments of labor security area labor labor security supervision.
    Village committees by way of villager's autonomy to take up land in the village to set up enterprises and monitor the employment of individual economic organizations.
    Sixth the employing unit shall hire workers, to organize production and business activities.
    Employer should accept the people's Governments at all levels and departments concerned shall conduct supervision and inspection on the labor situation.
    Article people's Governments at all levels and relevant departments should labor and social security laws and regulations into law popularization work planning, organized labor and social security laws, regulations, information, training, improve employer awareness of worker rights and the law.
    Chapter II employment and social insurance, the eighth County level labor Security Administration Department of the public employment services should be provided free of charge to all persons in rural areas of vocational training, vocational guidance, employment agencies, employment services and social security services agent.
    Nineth an employer recruits workers according to production needs, shall comply with the relevant laws and regulations, develop recruitment brochure, by publishing jobs, commissioned by employment agencies or legal channels, such as the participation in the labour force to negotiate the Exchange activity.
    The tenth when an employer recruits workers should hold the license and faithfully inform the laborer concerned job content, working conditions, job location, occupational hazards, safety conditions, remuneration, and workers to understand the other. 11th the employer who employs workers are supposed to check their identity documents, employment should also verify their temporary residence permits on the flow, but not detain the identity cards are hired or other related documents.
    Enrollment by minors under 16 years of age is prohibited.
    The employing units shall establish a labor management archives.
    Workers have the right to check out the employer's business license.
    12th the employing unit shall draw up the relevant labor contract management, remuneration, insurance benefits, working hours, rest and vacation, staff training, occupational safety and health, discipline and labor quota management, directly related to the personal interests of the staff rules and regulations, and consistent implementation of publicity after consultation with the trade unions or workers ' representatives.
    13th the employing unit shall, within one month from the date of employment, sign a written labor contracts with the workers and county administrative departments of labor security and employment of the employer record.
    Labor contract model, by the provincial labor and social security administration departments.
    14th employee engaged in flammable, toxic and other dangerous production operations, the employer shall, in accordance with the relevant provisions of its safety knowledge, professional skills, and occupational-disease-prevention training and training before they can post.
    15th an employer shall strictly implement laws and regulations provisions relating to working hours, rest and vacation.
    Due to production or business of the employer, after consultation with the Trade Union or the workers may be extended with the consent of labor time, but no more than 36 hours a month, and to pay overtime wages. 16th the employer shall pay the wages in cash monthly in full. Wages shall not be less than the provincial minimum wage standard (trial period).
    Wages paid to underground mine workers shall not be less than the provincial minimum wage under the mines laid.
    17th had arrears of wages the employer shall establish wage margin, designated by the administrative departments of labor security prepaid monthly wages of workers of State-owned commercial banks three times times the margin, the implementation of management accounts, and for payment of wages.
    Article 18th an employer who employs workers engaged in hazardous jobs, workers should be trained before, job periods, post's occupational health examination, occupational health surveillance archives, and check the results informed employees; to suspected occupational diseases, occupational-disease diagnosis and treatment should be arranged in a timely manner. 19th the employer provide employees with diet, living conditions shall conform to the relevant standards.
    Specific criteria by the provincial labor and social security, construction and health Administrative Department separately. 20th an employer recruits has reached the age of 16 minors under the age of 18 years should work, working time, labour intensity and protection measures in implementation of the relevant provisions of the State.
    Shall cause its too heavy, toxic hazards, such as labour or dangerous work of the minors ' physical and mental health.
    21st an employer not allowed to assign women with jobs in mines, national fourth-grade physical labour intensity of work and other jobs forbidden to work. 22nd the employer shall fulfill its obligation to support the employment of people with disabilities.
    Employer recruiting disabled persons, shall, according to their type of disability to arrange labor positions appropriate to their employment, and provide the appropriate working conditions and labour protection.
    23rd the employer shall in the 30th after signing labor contracts with the workers, in accordance with the relevant provisions of national and provincial, for workers to participate in work-related injury insurance, medical insurance and pension insurance and other social insurance, and pay social insurance fees.
    24th do not have legitimate business qualification unit shall be subject to any form of recruiting workers.
    Workers with the lawful operation qualifications of employment. Chapter labor dispute arbitration and labor security supervision and the 25th when labour disputes arise between employer and employees, the parties may apply to the labour disputes Mediation Committee mediation or you can direct the County to the employer labour disputes Arbitration Committee for arbitration.
    Refuses to accept the award, you can initiate litigation to the people's Court.
    26th labor security under the people's Governments above the county level shall establish illegal cases reporting award system.
    Labour and social security administrative departments at and above the county level should be at the station, Plaza, job sites, centralized place to establish rights of the peasant sign, announced the complaint calls and contacts to facilitate mass complaints.
    27th the county level labor and social security administration departments should take daily, reported a spot check, special examinations and other established employer honesty archives of labor security in accordance with honesty and class, classification regulation.
    Added 28th industrial and commercial administrative departments shall be registered and out of your employer, every six months to provide the labor and social security administration departments at once.
    Labour and social security administrative departments should be illegal employers of labor inspection found in time to inform the Administrative Department for industry and commerce.
    29th relevant administrative departments of the people's Government at or above the county level shall perform their duties, the employer who does not belong to the jurisdiction of the Department of offences should be timely reported to other administrative sectors of jurisdiction, and to assist in handling ex officio.
    Relevant administrative departments of the people's Governments above the county level has been found inadmissible does not belong to the Department's case, shall promptly transfer the jurisdiction of other administrative departments; the law disputed the jurisdiction of the case, shall be submitted to the common administrative organ at a higher level for designation of jurisdiction.
    30th County level labor Security Administration Department should carry out the responsibility system for labor security supervision and law enforcement, divided area in neixiang County, (town, street), administrative villages law enforcement responsibilities, clear criteria for law enforcement responsibilities, law enforcement, law enforcement powers and law enforcement duties, and establish inspection system.
    31st County level labor and social security administrative departments shall establish safeguarding workers ' legitimate rights and interests of joint conference system with the trade union organizations at the same level, in trade unions employ liaison officers, assist in the administrative departments of labor security employers for routine supervision and special inspection work, formed the labor and social security inspection, trade union organizations, legal aid agencies to safeguard workers ' legitimate rights and interests of the coordination mechanisms.
    Fourth chapter legal liability article 32nd employers using child labour, used by the administrative departments of labor security in accordance with one of the worst monthly fine of 5000 Yuan standard penalties; period and ordered the employer to send the child back to the original place of residence, their parents or other guardians, the required transport and accommodation expenses shall be borne entirely by the employer.
    Employers by the administrative departments of labor security in accordance with the provisions of the preceding paragraph shall be ordered to rectify late not to be sent to their parents or other guardians of child labour, by the labor and social security, industry and Commerce Administration Department and the public security organs in accordance with the provisions on the prohibition of the use of child labour by the State Council. 33rd article employing units has following case one of of, by police organ law give administrative punishment; constitute crime of, law held criminal; to workers caused damage of, law bear compensation responsibility: (a) to violence, and threat or limit liberty of means forced labor of; (ii) illegal command or forced adventure job endanger workers personal security of; (three) insult, and corporal punishment, and beat, and search or detention workers of; (four) labor conditions bad, and pollution serious,
    Causing serious harm to workers ' physical and mental health.
    Article 34th shall obtain the relevant certificates or licenses revoked for illegal employers, by the administration of industry and commerce, and land and resources departments to investigate and punish.
    Illegal employer who employs workers have already worked for labor, by the illegal employers or its investment law to the workers wages, economic compensation, compensation and damages are caused to the worker shall bear liability.
    35th individuals contracted in violation of the provisions of article employs workers, causing damage to workers, employer organizations and individuals bear joint and several liability of the operator. 36th an employer establishes labor relationship with a worker failing to sign labor contracts or the labor relationship in labor contract expires and is not renewed the labor contract, the labor Security Administration Department rectification; fails to make corrections to the employing units in accordance with the labor contract number is not signed or is not renewed, each involving 1 according to standard subject to a fine of 500 Yuan.
    From the date of employment of the employer for more than a month but less than one year are not sign a written labor contracts with the workers, should pay twice times the monthly wage to their workers.
    37th employer is in violation of the provisions of article 13th, 14th, 17th, article, the administrative departments of labor security rectification; refused to correct, in accordance with the relevant provisions of the regulation on labor security supervision shall be punished.
    38th employer violates labor laws, rules or regulations to extend the working time of workers, the administrative departments of labor security warning, rectification and in accordance with the practices of the number of employees, each involving 1 person, in more than 100 standards impose a fine of less than 500 Yuan.
    39th employer is in violation of the provisions of article 18th, rectification by the health Administrative Department, and in accordance with the People's Republic of China relevant provisions of the occupational-disease-prevention laws will be punished.
    40th employer is in violation of the provisions of article 19th, the construction Administrative Department and the Administrative Department of Health ordered ex officio corrections; refuses, fined a maximum of more than 5000 10000 Yuan.
    41st article set district of city, and County (city, and district), and Xiang (town) Government, and subdistrict offices and labor guarantees, and business administration, and land resources, and coal, and health, and safety supervision, sector not according to this provides perform duties, in this administrative or area within occurred major illegal labor problem of, law give related responsibility people administrative sanctions; on negligence, and dereliction of malfeasance, and abuse caused serious consequences of, law from heavy processing; constitute crime of, law held criminal.
                                                Fifth chapter supplementary articles article 42nd since the provisions take effect on September 1, 2007.

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