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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(November 11, 2005 offi 21st Executive meeting on December 2, 2005, people's Government of Xinjiang Uygur Autonomous Region announced the 134th since as of January 1, 2006) Chapter I General provisions article in accordance with the regulations on labor security supervision (hereinafter regulations) requirements, combined with State practice, these measures are formulated.
    Article autonomous region within the administrative area of the company or individual (hereinafter referred to as the employer) for labor security supervision, these measures shall apply.
    Employment agencies, vocational training institutions and vocational skills examination and assessment mechanism for labor security supervision, in accordance with these rules. Third of labor and social security administration departments at or above the county level shall be responsible for the administration of labor and social security work.
    Specific work can delegate their respective labor security supervision organizations implement. Fourth 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.
    Fifth article of any organization or individual shall have the right to take a written and oral reports, complaints, telephone or e-mail and other forms of labor and social security law.
    Administrative departments of labor security in the workplace, public places to set up reports, complaints mailbox, to report to the public, telephone, email.
    Sixth chapter on labor security supervision responsibility of labor and social security administration departments at or above the county level shall, in accordance with the tenth of the duties and matters, 11th, labor and social security inspection.
    Article seventh labour protection inspectors shall be familiar with the labor and social security laws, rules, regulations and monitoring business, trained and qualified, may engage in labor security supervision.
    Article eighth labor security supervision and implementation of labor security supervision should be civilized, respect work discipline, may not disclose the informer of the situation and examine the employer's trade secrets.
    Nineth administrative departments of labor security from the relevant government departments, trade unions, the Communist Youth League, women's federations and other mass organizations, enterprises and institutions engaged in social supervisors, assist the administrative departments of labor security in its labor and social security work.
    Social supervisors reflects the recommendations, suggestions and requests, and labour and social security administrative departments should seriously consider and respond.
    Chapter III article tenth of the labor security supervision and administrative departments of labor security under the people's Governments above the county level in the relevant administrative departments at registration, registration of employers, labor and social security inspection.
    Central authorities in Xinjiang employer of labor and social security inspection, commissioned by the administrative departments of labor security under the autonomous regional people's Government or its States and municipalities (), County (City) administrative departments of labor security.
    11th daily check on labor security supervision, written reviews, special inspections, receive reports, complaints and other forms.
    When the 12th labour protection inspectors to conduct on-site monitoring and inspection unit responsible person and other persons concerned shall truthfully answer questions, provide information, and shall not obstruct, concealment, evasion. Labour and social security inspectors monitored record shall be made on-site monitoring, and are checked by the employer signed or sealed by the parties concerned.
    Check the employer refuses to sign or seal, the labour and social security inspectors refused to be indicated. 13th written review administrative departments of labor security imposed on employers, shall inform the employer in advance.
    Employers should conduct self-examination, and required time to submit relevant material, subject to administrative departments of labor security verification.
    14th that the employer violated its labor and social security rights of workers, the right to complaints to the administrative departments of labor security. Labour and social security administrative departments shall be made within 7 working days from the date of receipt of the complaint admissibility decisions.
    Decision of admissibility shall be from the date of acceptance filed investigation; decision inadmissible, shall notify the complainant in writing.
    15th complaint has any of the following circumstances, administrative departments of labor security inadmissibility: (I) do not fall within the ambit of labor security supervision, (ii) should apply arbitration or in accordance with the labor dispute, or has filed a labor dispute, and (iii) the violation of labor laws, regulations or rules of behavior for more than 2 years.
    The preceding paragraph (c) of the State of continuous or continuing, calculated from the date of the end of time.
    16th received employer violates labor and social security administrative departments of labor security laws, rules or regulations, should be investigated in a timely manner.
    17th administrative departments of labor security labor security supervision, can ask a notice issued to employers of labor security supervision, the employer should reply as required. Article 18th after the administrative departments of labor security to identify illegal facts, should be issued on labor security supervision within a time limit order book.
    An employing unit shall, within the prescribed time limit to correct, and report to the administrative departments of labor security in writing to correct the situation. Article 19th labor security supervision and implementation system.
    The avoidance of labor security supervision, decided by the head of the labor security supervision; withdrawal of the head of the labor security supervision, by the governmental administrative departments of labor security decisions.
    Article 20th labor security supervision and administration documents should be delivered on the spot party; without the presence of the parties, administrative departments of labor security in accordance with the People's Republic of China Law of civil procedure provisions relating to service, labor security supervision and administrative enforcement document served on the parties concerned.
    21st labor security under the people's Governments above the county level shall establish a sound early warning mechanism.
    Administrative departments shall, in conjunction with the relevant administrative departments of labor security investigation and handling of mass unexpected incident of labor security, and promptly report to the people's Governments at the corresponding level and upper-level labor Security Administration Department.
    22nd the labour and social security administrative departments shall establish the employer of labor and social security law credit file, there are serious violations of labor and social security laws, rules or regulations of the employer, shall be announced to the public. Fourth chapter legal responsibility 23rd article employing units in declared should paid of social premium amounts Shi, concealed payroll or workers number of, by labor guarantees administrative sector ordered deadline corrected, and on concealed wage amounts or workers number accounted for should reported payroll or workers number 30% following of, at concealed wage amounts 1 time times of fine; concealed wage amounts or workers number accounted for should reported payroll or workers number 30% above 50% following of, at concealed wage amounts twice times of fine
    ; Concealed wages or the number of employees accounting for payroll or more than 50% employees, concealing pay 3 times the amount of the fine.
    Obtain insurance or social insurance fund, the labor Security Administration Department is ordered to return, and the amount defrauded of up to 3000 Yuan, cheat 1 time times the amount of a fine amount defrauded more than 3000 of less than 10000 Yuan, cheated twice times the amount of a fine the amount defrauded more than 10000 Yuan, cheat 3 times the amount of the fine constitutes a crime, criminal responsibility shall be investigated according to law.
    24th article career introduced institutions has following behavior one of of, by labor guarantees administrative sector ordered corrected, confiscated illegal proceeds, and at 10000 Yuan above 50000 Yuan following fine; plot serious of, revoked career introduced license; constitute crime of, law held criminal: (a) beyond license of business range activities of; (ii) provides false information of; (three) for no legal identity documents of job who provides career introduced service of;
    (D) is provided by the employer without legitimate licenses employment agencies services; (e) introducing job seekers engaged in law, prohibited from engaging in any occupation; (f) employment agencies such as violence, coercion, fraud, activities; (VII) modify, transfer permit.
    25th occupation skills assessment accreditation bodies without vocational skills appraisal appraisal questions, forged, copied or junk vocational qualification certificates, the administrative departments of labor security ordered corrective action and illegal income shall be confiscated, fined a maximum of between 50000 and 10000 Yuan in serious cases, suspension of the professional skill appraisal license.
    26th article violates this approach should be given administrative punishment under the provisions of other acts, in accordance with the provisions of the relevant laws, rules and regulations will be punished.
    Fifth chapter supplementary articles article 27th State organs, institutions, social organizations and private non-enterprise units enforcement of labor protection laws, rules and regulations, the administrative departments of labor security in accordance with its mandate, in accordance with the implementation of these measures on labor security supervision.
    Employment agencies in 28th article of the rules include the administrative departments of labor security in public employment agencies and licensed by the administrative departments of labor security offered by other agencies.
    Vocational and technical training institutions, including technical skills education and training in the various types of vocational and technical training institutions.
    Vocational skills examination and assessment bodies, including by the national or autonomous regions set up by the administrative departments of labor security permission of various vocational skills appraisal agencies.
    29th labor security supervision and administrative law-enforcement instruments, by the administrative departments of labor security design of the autonomous region.
                                                                                                        30th article this way come into force on January 1, 2006.

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