Guangxi Zhuang Autonomous Region, The Labor Security Supervision Approach

Original Language Title: 广西壮族自治区劳动保障监察办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(Released on July 15, 2008, people's Government of Guangxi Zhuang Autonomous Region, the 37th as of September 1, 2008) first in order to standardize labor security supervision work, maintaining the lawful rights and interests of workers, according to the State Council regulations on labor security supervision and the provisions of relevant laws and regulations, combined with this practice, these measures are formulated.
    Article in this autonomous region within the administrative area of businesses, self-employed, privately-run non-enterprise unit (hereinafter called the employer) labor and social security inspection, these measures shall apply.
    Employment agencies, vocational training institutions and the vocational skills examination and assessment agencies to monitor the implementation of labor and social security, in accordance with these rules.
    Article people's Government above the county level labor and social security administrative departments of labor security supervision and work within their respective administrative areas.
    Labor security supervision established by the administrative departments of labor security institutions and entrusts implementation to implement labor security supervision and labor security supervision work.
    Fourth labor security supervision work requirements, should be included in the budget at the same level.
    The fifth labour protection inspectors duties shall not be less than 2 and wear marks on labor security supervision, produce their documents.
    Sixth imposed on employers of labor security supervision and jurisdiction prescribed by the administrative departments of labor security of the autonomous region.
    Seventh to employment agencies, vocational training institutions and vocational skills examination and assessment mechanism of labor security supervision, made the admission to employment agencies, vocational skills training, vocational skills examination and assessment of administrative licensing decision the administrative departments of labor security. Eighth subordinate administrative departments of labor security jurisdiction over a case, that need to be dealt with by the superior administrative departments of labor security survey, you can draw the superior administrative departments of labor security survey.
    The superior administrative departments of labor security in accordance with the needs, and can investigate cases of subordinate administrative departments of labor security, or it can be the jurisdiction of subordinate administrative departments of labor security survey. Nineth administrative departments of labor security employer labor should be established to protect the law-abiding file integrity, employer compliance with labour protection laws and regulations and regulations entered into law credit file, classified supervision.
    Employer repeatedly or seriously violates the labor protection laws, rules and regulations, the labor Security Administration Department will publicize the violations committed.
    Tenth labor and social security administration departments at or above the county level shall establish and improve labor and social security emergency response mechanism.
    For violation of labor and social security laws, regulations and rules of behavior caused by unexpected events, administrative departments of labor security in accordance with the emergency plan, quickly, in conjunction with relevant departments, and report to the people's Governments at the corresponding level and upper-level labor Security Administration Department.
    The 11th that the employer violated its labor and social security rights of workers, the right to complaints to the administrative departments of labor security. The complainant complained to the administrative departments of labor security, shall submit the complaint. On the content of the complaint does not specify requirements, staff should be one-off informed the complainant need to supplement the content, and provide guidance and assistance.
    There is difficulty in writing the complaint, oral complaints carried out by the administrative departments of labor security record and signed by the complainant on the record.
    12th the complaint shall contain the following: (a) the complainant's name, gender, age, occupation, place of work, residence and contact information, the name and address of the employer against whom the complaint, (ii) infringement of the legitimate rights and interests of the facts and claims of Labor Security; (c) the complaint whether the subject has filed for arbitration of labor disputes or litigation. 13th article complaints matters has following case one of of, labor guarantees administrative sector not accepted, should in received complaints book of day up 5 a days within written told complaints people and description reason: (a) not belongs to labor guarantees monitored range of; (ii) should through labor dispute processing program solution of; (three) by mediation, and arbitration or litigation processing of, but arbitration or litigation ruled not accepted of except; (four) violation labor guarantees legal, and regulations and regulations of behavior in 2 years within not was labor guarantees administrative sector found,
    Nor are reports, complaints, and (v) other circumstances that legally inadmissible.
    The complaint does not fall within the ambit of labor security supervision, labor and social security administrative departments shall inform the complainant submitted to the relevant departments.
    14th when the labor and social security administrative departments of labor security supervision, the employer shall be subject to supervision and inspection, and to fulfil the following obligations: (a) provide and pay social insurance fees related to the employment, payroll, financial statements and other information, (ii) honest labour protection inspectors raised issues relevant to the labor security supervision and (iii) properly retain information.
    15th article labor guarantees administrative sector survey labor guarantees illegal case during has following case one of of, by labor guarantees administrative sector head approved, can suspended case survey: (a) involved legal applies problem need right to organ made explained or confirmed of; (ii) for force majeure cannot survey forensics of; (three) case need for identification of; (four) finds main facts need other sector processing results of; (five) for was survey people escape cannot made related evidence of;
    (Vi) other circumstances that need to suspend the investigation. Circumstances to suspend the investigation eliminated, should resume its investigations in a timely manner.
    Since the return date of the survey, survey expiry date calculation.
    To suspend the investigation, recovery, investigations, shall inform the parties concerned. 16th administrative departments of labor security in investigating wage complaints, complaints the employer has the obligation to provide proof of payment of wages and other evidence.
    Employers refuse to provide it or he is unable to provide evidence that no arrears of wages, labour and social security administrative departments can provide the complainant with the relevant evidence for ascertaining the facts, reference to the complainant organization the same or a similar position with workers ' wages to determine wages, to order the employer to pay. 17th if an employer refuses to provide and pay social insurance fees related to the employment, payroll, financial statements and other information that would result in determining the amount of payment of social insurance premiums, fines by the administrative departments of labor security according to law, and in accordance with the unit's operating status, number of employees and other relevant information to determine the amount payable, shall be ordered to be paid.
    After the employer has gone through formalities, by the social insurance agency established by the administrative departments of labor security in accordance with the provisions of the settlement. 18th article employing units in declared should paid of social premium amounts Shi, concealed payroll or workers number of, by labor guarantees administrative sector ordered 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.
    The provisions of the preceding paragraph "30%", "50%" does not contain 30%, 50%.
    19th the employer obtain insurance or social insurance fund, the labor Security Administration Department is ordered to return, and the amount defrauded of up to 3000, cheat 1 time times the amount of fines the amount defrauded of up to 3000 Yuan and 10,000 yuan, cheated twice times the amount of a fine the amount defrauded more than 10,000 yuan, cheat 3 times the amount of the fine.
    20th State organs, institutions, social organizations, 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. 21st article this way come into force on September 1, 2008.
                                      On March 26, 1995, autonomous region people's Government of Guangxi Zhuang Autonomous Region, issued by the labour inspection approach, 1th repealed simultaneously.