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Xinjiang Uyghur Autonomous Region, The Implementation Of The Regulations On Labor Security Supervision Approach

Original Language Title: 新疆维吾尔自治区实施《劳动保障监察条例》办法

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(Summit 21st ordinary meeting of the People's Government of the New Boyangur Self-Government Zone of 11 November 2005 to consider the adoption of Order No. 134 of 2 December 2005 of the People's Government Order No. 134 of 2 December 2005 on the Forces nouvelles (effective 1 January 2006)

Chapter I General
Article 1 establishes this approach in the light of the provisions of the Labour Guarantee Monitoring Regulations (hereinafter referred to as the Regulations) in practice in the self-government area.
Article 2 conducts labour safety inspections in the administrative areas of the self-government area for enterprises and individual businessmen (hereinafter referred to as the unit of the man).
Labour security inspections are carried out for job descriptions, vocational skills training institutions and vocational skills review bodies.
Article 3 Specific work can be entrusted with the implementation of the labour security inspectorate in which it belongs.
Article IV. 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.
Any organization or individual has the right to report, complain about labour guarantees of violations in writing, oral, telephone or e-mail.
The Labour Guarantees Administration shall establish a reporting, complaint sheets, and inform the community of reports, complaints telephones, e-mails at office, public places.
Chapter II
Article 6
Article 7. The Labour Guarantee Ombudsman should be familiar with the labour security laws, regulations, regulations and inspection operations, with the training of candidates for labour security inspections.
Article 8. Labour guarantees inspection by the ombudsman should be carried out by civilized law enforcement, compliance with the discipline of work, without disclosing the relevant situation of the reporting person and commercial secrets of the inspectorate.
Article 9. The Labour Security Administration may hire social monitors from government-related sectors, trade unions, joint missions, women's groups, and business units to assist the labour security administration in conducting labour safety inspections in accordance with the law.
The recommendations, observations and requests reflected by the social monitors should be carefully heard and answered by the labour security administration.
Chapter III
Article 10
Labour security inspections of the central bordering units are carried out by the Government of the self-government in the area of labour security or by the State, city (territorial), district (market) labour security administration.
Article 11. Labour security inspections are carried out in the form of routine inspections, written reviews, special inspections, reports, complaints, etc.
When the Labour Guarantee Ombudsman conducts on-site inspections, the relevant heads of the inspector's units and other persons concerned should, if so, answer questions, provide information without obstruction, concealment and circumvention.
The Labour Guarantee Ombudsman conducts on-site inspections and should produce an on-site inspection note and be signed by the inspectorate in respect of the parties. The inspector's unit rejects the signature or chapter, and the Labour Guarantee Ombudsman should indicate the rejection.
Article 13. The Labour Guarantees Administration shall conduct a written review of the user unit and shall notify the user units in advance. The user units should be self-covered and, according to the required time, dispatched the material to receive verification by the labour security administration.
Article 14. The worker considers that a person's unit violates the legitimate rights and interests of its labour and has the right to complain to the labour security administration.
The labour security administration should take a decision on admissibility within seven working days from the date of receipt of the complaint. The decision to be admissible should be made at the date of receipt; the decision to be inadmissible should be communicated to the complainant in writing.
Article 15. Complaints are one of the following cases, and the labour security administration is inadmissible:
(i) That does not fall within the terms of reference of labour guarantees;
(ii) The application of arbitration in accordance with the labour dispute resolution process or the commencement of labour disputes proceedings;
(iii) Violations of labour security laws, regulations or regulations occur for more than two years.
The first paragraph (iii) acts are continuing or continuing, and their time is calculated from the end of the act.
Article 16 provides that the labour security administration is subject to the laws, regulations or regulations of labour security by the user unit and should be promptly checked.
Article 17 Labour guarantees the executive branch to carry out labour safety inspections, which may send a notice of labour security inspections to the user unit and the person's unit shall respond as required.
When the Labour Security Administration determines the facts of the violation, it is important to make the labour security inspection deadline redirect. The user units should be rectified within the prescribed period and reported in writing to the labour security administration.
Article 19 Labour guarantees inspection systems. The ombudsman's circumventation is determined by the head of the labour security inspectorate; the evasion of the head of the labour security inspectorate is determined by the head of the executive branch.
Article 20 guarantees the inspection of administrative law enforcement instruments should be delivered to the parties on the ground; the parties are not present, and the executive branch shall transmit the labour security inspectorate to the parties in accordance with the provisions of the Civil Procedure Law of the People's Republic of China.
Article 21 Governments of more people at the district level should establish a mechanism for the early warning of labour guarantees.
The labour security administration should conduct investigations with the relevant administration to deal with the sudden-onset incident of labour security groups and report on time to the Government of the current people and the executive branch at the highest level.
Article 22, the Labour Security Administration should establish a good faith file with the labour security of the unit and should be made public to the society for the use of persons with significant violations of the labour security laws, regulations or regulations.
Chapter IV Legal responsibility
Article 23, when it is declared that the amount of social contributions due to be paid, covers the total salary or the number of workers, is corrected by the Labour Guarantee Executive Order, and conceals the amount of the salary or the number of workers, or the number of workers, which is 30% of the total salary or the total number of workers, shall be charged with a fine of one to the amount of the salary paid; conceals the amount of the salary or the number of employees up to 50 per cent of the total salary paid.
Because of the social insurance treatment or the social insurance fund, it is returned by the Labour Guarantee Executive Order and charged a fine of up to US$ 3000, for which the amount is to be charged; forbidden by a fine of up to 3,000 dollars; forfeiture of more than 100,000 dollars; forfeiture of more than 10000 dollars; forfeiture of more than 3,000 dollars; for which the offence is punishable by law.
Article 24 contains one of the following acts by the Labour Guarantee Executive Order, the confiscation of proceeds of the law and the fine of more than 00 million yen; the suspension of the Occupational Profile licence; and the criminalization of criminal liability by law:
(i) Activities that go beyond the scope of the licence;
(ii) Provision of false information;
(iii) Provide vocational representation services for those who have no legal identity documents;
(iv) Provide vocational representation services to the user units without legal evidence;
(v) Presentation of the employment prohibited by law, legislation and regulations of the applicant;
(vi) Occupational presentations, including violence, coercion, fraud;
(vii) Removal, transfer of licences.
Article 25 Occupational Skills Applicants' Institute for the Development of Vocational Skills Identification for Nuclear Tests, forfeiture, replication, replication or abuse of occupational qualifications certificates, forfeiture of proceeds of conflict, forfeitures of up to 500,000 yen; and, in exceptional circumstances, forfeiture the Occupational Skills Accreditation.
Article 26
Chapter V
Article 27 provides for the implementation of labour security laws, regulations and regulations by State organs, utilities, social groups and non-commercial units, and is subject to labour security inspections in accordance with their responsibilities.
Article 28 of this approach refers to occupational presentations, including public vocational briefings organized by the Labour Safety Administration, and other vocational representations authorized by the Labour Guarantee Administration.
The vocational skills training institutions include various vocational skills training institutions for technical skills education and training.
The vocational skills assessment body includes the various occupational skills identification bodies established by the State or by the self-government sector.
Article 29 guarantees the inspection of administrative law enforcement instruments, which is harmonized by the executive branch in the self-government area.
Article 33