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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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(The 106th ordinary meeting of the People's Government of San Francisco, 20 July 2007, considered the adoption of the Decree No. 209 of 29 July 2007 of the People's Government Order No. 209 of 29 July 2007, which came into force on 1 September 2007)

Chapter I General
Article 1 establishes harmonious and stable labour relations and protects the legitimate rights and interests of workers in rural areas, in accordance with the laws, regulations and regulations of the People's Republic of China, the Labour Contracts Act of the People's Republic of China, the Law on the Protection of the Rights of Farmers in the Province of San Francisco.
Article 2
Article 3
Over the district level, the executive is responsible for overseeing the labour use of units within the jurisdiction. The work of the executive branch under the guidance and supervision of the executive branch is guaranteed.
The sectors such as the administration of business, land resources, coal, sanitation and safety production oversight should be governed by the labour security administration within their respective responsibilities.
The Public Security Agency is responsible for the management of the population of the temporary units of the person and for combating illegal detention, forced labour and the unlawful use of child labour.
Trade union organizations at all levels should monitor the labour use of units and protect the legitimate rights and interests of workers, in accordance with their statutory responsibilities.
Article IV. Governments of more than the population at the district level should strengthen and strengthen the labour security inspectorate and promote the labour security inspection network.
The Government's labour security administration should establish labour security institutions in the communes (communes, streets) to perform duties such as public employment services, social insurance services, labour supervision management and labour safety inspections.
The district-level labour security administration should hire labour security monitors in the administrative village and in the user units. The liaison officer found that the use of a person's unit would be subject to timely reporting to the labour security inspectorate and assist in the conduct of daily inspections of the user units.
Article 5 communes (communes) Governments, street offices should perform statutory responsibilities to oversee the management of labour works within the current administration and to support the implementation of labour safety inspections by the executive branch within the jurisdiction.
The Village People's Committee oversees the work of businesses and individual economic organizations that have occupied the village's land in a manner that is self-government.
Article 6. The user unit shall be admitted by law to the worker and organize the lawful production of the operation.
The user units should be aware of the oversight of labour use by all levels of the people's Government and its relevant departments.
Article 7. Governments and their relevant sectors should incorporate labour security laws, regulations and regulations into the general work planning, organize labour guarantees laws, regulations and awareness-raising, training, awareness-raising and workers' rights.
Chapter II Labour and social insurance
Article 8
Article 9. Employees' units should comply with the relevant laws, regulations, guidelines for the development of a compendium of work, and be carried out through legal means, such as the publication of inputs, the commissioning of job descriptions or participation in labour exchanges.
Article 10. When a worker is recruited by a person's unit, a business licence should be presented, such as true notification of the content of the work of the worker, working conditions, workplaces, occupational hazards, security production status, labour compensation and other cases where the worker requires knowledge.
Article 11. Employers should verify their identity documents, and mobile workers should also verify their stays, but not be detained by the licensee's identification or other relevant documents. The recruitment of minors under the age of 16 is prohibited.
The unit should establish a labour-use management file.
The worker has the right to access the license of the operator's unit.
Article 12 User units shall establish, in accordance with the law, regulations relating to the management of labour contracts, compensation for work, insurance benefits, working hours, rest leave, training of workers, health of work, labour discipline and the management of labour quotas that directly relate to the interests of the worker, and be implemented in accordance with the trade union or worker representatives.
Article 13. The user unit shall enter into a written labour contract with the employee within one month of the date of the work of the employed person, and shall conduct a work reserve procedure for the executive branch at the district level where the unit is located.
The text of the labour contract is modelled and is provided by the provincial labour security administration.
Article 14. Employers are engaged in high-risk production operations such as flammable and toxic hazardous production, and the user units should train qualified parties in accordance with the relevant provisions.
Article 15 shall strictly enforce the provisions of the law, regulations relating to working hours and rest leave.
The user unit may extend the labour time after consultation with trade unions or employees for the production of business needs, but shall not exceed 36 hours per month and pay the overtime salary in accordance with the law.
Article 16 shall pay the employee's salary in full in monetary form. The wages shall not be lower than the local minimum wage set by the Government of the province (including probationary period). The salary paid to workers living under the mines shall not be lower than the minimum wage set by the Government of the province.
Article 17 has a user unit in arrears in the wages of the employee, which should establish a pay bond for the employee, paying a three-fold guarantee in the total monthly salary of the national commercial bank appointed by the Labour Guarantee Administration, and administering a special household for the payment of the employee's salary.
Article 18 Employers' units to engage workers in occupational hazards operations should conduct induction, occupational health inspections during the induction period, in the event of departure, the establishment of occupational health custody files and the inspection results should be informed of the worker as they are discovered; and the provision of medical diagnosis and treatment should be made in a timely manner.
Article 19 The dietary and residence conditions provided by a person's unit for the worker should be in compliance with the standards. Specific criteria were developed by the provincial labour security, construction and health administration.
Article 20 recruits minors who have reached the age of eighteen years of age who have reached the age of eighteen years shall implement the relevant provisions of the State in terms of their work, labour time, labour intensity and protection measures. It shall not be organized to work or dangerously operate for the physical and mental health of minors, such as heavy, toxic harmful.
Article 21 does not allow female workers to engage in the labour force and other taboo work under the mines' wells, as prescribed by the State.
Article 2 Persons with disabilities should be admitted to work in accordance with their disability categories and to the corresponding labour conditions and labour protection.
Article 23 shall, within 30 days of the labour contract with the employee, take into account the relevant provisions of the State and the province, the social insurance procedures such as the injury insurance, health insurance and the old insurance, and pay social insurance in full.
Article 24 does not have a legal operating qualification unit and does not apply to workers in any form.
Workers should be employed in units with legal qualifications.
Chapter III Inspection of labour disputes and labour guarantees
Article 25. When a labour dispute arises between a person's unit and a worker, the party may apply to the Labour Dispute Conciliation Commission for conciliation; or may apply to arbitration directly to the District Council of Labour Disputes at the location of the unit. Inconsistency with arbitral awards may be brought before the People's Court.
Article 26 Governments of more people at the district level should establish a system of incentives for labour guarantees of violations.
The executive branch at the district level shall establish a violative mark at the centre of farmers' work, such as vehicle stations, squares, occupational presentations sites, to make public the complaints reports of telephones and contacts and to facilitate mass complaints.
Article 27 provides that the executive branch shall take daily patrols, report inspections, special inspections, and special inspections, to establish an activist unit's labour guarantee the integrity of the law archives, disaggregated according to the level of integrity.
Article 28, the business administration sector should provide an additional registration and write-off of user units, each half a year to the same-level labour security administration.
The labour security administration should inform the business administration in a timely manner the illegal user units found in the labour inspectorate.
In the performance of their duties, the relevant executive branch of the Government of the communes has found that there is an offence that does not fall within the jurisdiction of this sector, it should be replicated in a timely manner by other executives with jurisdiction and assist in the processing of their functions.
When the relevant administrations of the population at the district level have found cases that are not under the jurisdiction of this sector, they should be transferred in a timely manner to other executives with jurisdiction; disputed jurisdiction over cases of violations should be reported to be appointed by the common superior executive body.
Article 33 of the district-level labour guarantee that the executive branch should enforce the labour-monitoring system, delineate the communes (communes, streets), administrative village law enforcement responsibilities, clarify law enforcement standards, law enforcement functions and law enforcement tasks, and establish an inspection system.
The executive branch should establish a joint mechanism with the same trade union organizations to defend the legitimate rights and interests of the employee, hire a liaison officer in the trade union, assist the labour security administration in the conduct of day-to-day monitoring and special inspections of the user's units, and establish a coordination mechanism for labour guarantees, trade union organizations, legal aid agencies, etc.
Chapter IV Legal responsibility
Article 32 uses child labour in the hands of a person's unit, which is punished by the Labour Security Administration in accordance with the standard of 5,000 fines per month of child labour; and is responsible for the transfer of child labour to his or her parents or other guardians, and the transportation and accommodation costs required are borne by the user unit.
The human rights unit, in line with the previous set of deadlines for the executive branch of labour security, has not been sent child labour to their parents or other guardians, which is dealt with by labour security, business administration and public security authorities in accordance with the State Department's Child Labour Prohibition.
Article 33 contains one of the following cases by the public security authorities, which are punishable by law; constitutes a criminal offence; and liability under the law for damages to workers:
(i) Forced labour by means of violence, threat or restriction of the liberty of the person;
(ii) Contrary to chapter command or a strong risky operation endangers the safety of workers;
(iii) Dishumation, corporal punishment, beatings, searches or detention of workers;
(iv) Poor labour conditions and severe environmental pollution caused serious damage to the physical and mental health of workers.
Article 34 does not obtain, by law, the illegal user unit of the licensee that has been revoked, by law, the business administration, the resources of the land.
Employers who are employed by illegal agents have already paid work, which is paid by the illegal owner unit or its funder by law to pay labour compensation, economic compensation, compensation, compensation, and compensation for damages to workers.
Article 33 f.
Article 36 establishes a labour relationship between a person's unit and the worker without a legal contract or a labour contract that is not subject to the labour contract after the expiry of the labour contract, which is modified by the time limit of the administrative order of the labour security administration; and is later uncorrected, a fine is imposed on the user unit in accordance with the number of contracts that have not been signed or have not been completed. Since the date of the work of the owner, more than one month after the date of the work of the employee, a written labour contract with the employee should be paid twice a month to the employee.
Article 337, in violation of article 13, paragraph 1, article 14 and article 17 of the present article, has been modified by the time limit for the executive branch responsible for labour security; the refusal to rectify it is punishable in accordance with the relevant provisions of the Labour Guarantee Monitoring Regulations.
Article 338, in violation of labour security laws, regulations or regulations, extends the working hours of the employee, is warned by the Labour Guarantee Administration to correct the period of time and may be fined in accordance with the number of workers who are victims, each of whom is subject to a standard of up to $50 million.
Article 39, in violation of article 18 of the present article, the time limit for the executive branch of health is being changed and punished in accordance with the relevant provisions of the Occupational Disease Control Act of the People's Republic of China.
Article 40
Article 40 does not carry out their duties in accordance with the provisions of this article, in the municipalities, districts, communes (communes), communes and labour guarantees, business administration, land resources, coal, sanitation, safety and production supervision, where there is a significant problem of illegal labour within the administrative region or in the territory of the Republic, which is subject to the administrative disposition of the responsible person under the law, which has serious consequences for negligence, negligence, negligence, abuse of duties, abuse of authority, and prosecution of criminal liability.
Chapter V
Article 42