Key Benefits:
(Summit No. 124 of the Government of the Shanghai City of 30 October 2006 to consider the adoption of Decree No. 64 of 31 October 2006 on the People's Government Ordinance No. 64 of 31 October 2006 on 1 January 2007) Article 1 In order to implement the Labour Guarantee Monitoring Regulations, this provision is developed in conjunction with the realities of the city. Article 2 The municipal and district, district labour and social security authorities (hereinafter referred to as the executive branch of labour guarantees) carry out labour safety inspections and apply this provision for State agencies, business units and social groups (hereinafter referred to as the user unit). The Labour Safety Administration conducts labour safety inspections of occupational representation agencies, vocational skills training institutions and vocational skills assessment institutions within the city's administration, in accordance with this provision. Article 3 (Management) The municipal labour security administration is the administrative authority for labour security inspections in this city. The district, district labour security administration is responsible for labour security inspections within the jurisdiction. The Labour Security Inspector General of the City and the District, and the District Labour Safety Monitoring Team, respectively, are entrusted to the municipalities and districts, the district labour security administration, with specific implementation of labour security inspections. Relevant sectors such as public security, business, finance, tax, personnel and health insurance in the city should perform their respective duties in accordance with the law and work safety inspections in conjunction with the Labour Guarantee Administration. Article IV Labour security inspections within the city's executive area are governed by the workplaces used by the user unit and by the territorial labour security administration. The location of work performed by a user unit may be the place where the person's unit is primarily employed, or the place of residence of the person's unit. Districts, district labour security administrations are disputed with respect to labour security inspections or are subject to the designation of jurisdiction in accordance with the needs of the work. In the case of occupational presentations, vocational skills training institutions and vocational skills review bodies, the implementation of the provisions relating to vocational presentations, vocational skills training and vocational skills assessment is carried out by the labour security administration at their location, and the need for the suspension of administrative penalties for the offences committed by the former executive branch. In accordance with the work needs, the municipal labour security administration can investigate directly cases that are governed by the executive branch in the district and in the district. Article 5 Complaints against labour security laws, regulations and regulations by a user unit are one of the following cases, and the labour security administration is inadmissible: (i) The law should be addressed through the labour dispute resolution process; (ii) Access to arbitration or proceedings pursuant to labour disputes; (iii) The law should be dealt with by other organs. The Labour Guarantees Administration is inadmissible for the worker's complaints concerning paragraph 1 (i), (iii) of this article, and should be informed in writing that it may apply to the labour dispute resolution body or other competent organ. Article 6 Labour workers have complained to the labour security administration and have entered the labour security inspection process under law, and workers have made requests for treatment to the labour dispute resolution body, which may no longer be repeated. Article 7 (Special provisions) The Labour Guarantees Administration shall be responsible for the payment of the period of time by a person's unit or for the non-expended payment of wages, the payment of wages below the minimum wage of the present city and the dismissal of the labour contract without financial compensation under the law, the complaint to the labour security administration and the fact that the labour security administration shall be responsible for the payment of the person's units; the failure of the person's unit to pay for compensation to the worker in accordance with the criteria of more than 50 per cent. The worker and the user unit had a disputed obligation to provide evidence, such as wage payment vouchers, with respect to the specific amount of chewing or non-expended payment of wages, the difference in actual payment of wages below the minimum wage standards in the city or the specific criteria for economic compensation. A person's unit refuses to provide or cannot provide evidence at a later stage, and the labour security administration may determine the facts according to the material provided during the worker's complaint and pay the time limit for the person's unit; and a person's unit is charged with paying compensation to the worker in accordance with the standard of payment of more than 50 per cent. Article 8 Labour guarantees the executive branch to carry out labour safety inspections and to take the following investigations and 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, photography or reproduction; (v) Authorize the auditors to conduct an audit of the payment of royalties and payment of social insurance. A person's unit blocks the pre-emptive investigation, inspection measures by the labour security administration, which is rectified by a labour security administrative order, punishable by a fine of up to $20,000 in 2000. Article 9 The Labour Security Administration can grant incentives to the reportingers that provide the main lines and evidence for the identification of serious violations of labour guarantees laws, regulations or regulations. Specific approaches to reporting incentives are developed by the municipal labour security administration with the municipal finance sector. Article 10 Other organizations outside the scope of article 2 of this Article are subject to labour security inspections by the Labour Security Administration in respect of their implementation and the provisions of the social insurance in this city. Article 11 This provision was implemented effective 1 January 2007. The Labour Inspectorate of the Shanghai City, issued on 20 September 2000, was repealed. |
