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Benxi City Labor Inspection Requirements

Original Language Title: 本溪市劳动监察规定

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(Act No. 111 of the Japanese People's Government Order No. 111 of 11 January 2004, which came into force on 1 March 2004)

Article 1 regulates labour inspection, protects the legitimate rights and interests of workers and agents, preserves the social labour order, and establishes this provision in line with the People's Republic of China Labour Code and the Law on Labour Inspection in the Province of Extension.
Article 2 refers to labour inspection as defined by the Labour Guarantees Administration, in accordance with the law, in respect of enterprises within the city's administration, non-commercial units, individual economic organizations and State organs, business organizations, social groups (hereinafter referred to as the owner's unit) to monitor compliance with labour laws, regulations and regulations, to receive reports and complaints of violations of labour laws, regulations and regulations, and to sanction administrative law violations of labour laws, regulations.
Article 3 Labour security executive heads in the current administration area are specifically responsible for the implementation of the provisions.
The executive branch, such as finance, tax, public security and economic trade, should assist the labour security administration in the management of labour inspection, in accordance with their respective responsibilities.
Article IV Labour inspection agencies are responsible for labour inspections of the above-mentioned units in the city's administration area, stream forces, field stream units and other user units in the city.
The district (zone) labour inspectorate is responsible for the labour inspection of the subsidiaries (communes) in the district of this administration and the individual economic organization.
The operation of the district (zone) labour inspectorate is monitored and directed by the municipal labour inspectorate. The municipal labour inspectorate is entitled to investigate cases under the jurisdiction of the labour inspectorate (zone) in the district (zone) and, in the case of cross-regional labour inspections, the municipal labour inspectorate may designate jurisdiction.
Article 5
Article 6. A person's unit and a worker shall be subject to labour laws, regulations, daily inspection by the labour inspectorate and shall not refuse, obstruct the performance of the duties of the labour inspectorate.
A user unit may refuse the labour inspectorate to go beyond its jurisdiction, matters and violations of statutory inspection methods, procedures supervision.
Article 7. The solicitation of (exploitation) personnel by a user unit must be subject to the prescribed procedures for the registration of work (referral cases).
Article 8.
Article 9.
Article 10 shall not be taken by a person's unit to deduct, pay the worker's wages and pay the wages below the local minimum wage.
Any organization or individual has the right to report and complain on violations of labour laws, regulations.
The executive branch at all levels should make public reports telephones available, set up a reporting box, establish a reporting room, handle complaints cases in a timely manner, and provide advice and services for labour security laws, regulations for personnel units and workers without compensation.
Article 12. Trade union organizations at all levels maintain the legitimate rights and interests of workers in accordance with the law, monitor compliance with labour laws, regulations and regulations by the user's units, and recommend that the labour security administration be treated in accordance with the law.
The recommendations made by the Labour Guarantee Administration for trade unions should be processed in a timely manner.
Article 13. Labour inspection by the labour inspectorate of:
(i) The recruitment of (exploited) workers;
(ii) The conclusion, implementation of labour contracts and collective contracts;
(iii) Compliance with national working hours and rest, leave system;
(iv) Remuneration and minimum wage guarantees;
(v) Participation in social insurance and payment of social insurance contributions and guarantees of the right of workers to social insurance;
(vi) Special labour protection of female workers, minor workers and persons with disabilities;
(vii) Vocational skills training;
(viii) Observance of the relevant provisions by social labour intermediary institutions, social training institutions and social vocational skills assessment bodies, and the status of the social vocational skills assessment and issuance of certificates to workers' vocational skills;
(ix) Maintenance of the legitimate rights and interests of employed persons outside the country by the institution that conducts overseas contracting works, external labour cooperation, and the conduct of employment by citizens;
(x) Other matters relating to labour inspection under laws, regulations.
Article 14. Labour inspection is carried out in accordance with the following procedures:
(i) To inform the labour inspectorate, request and methodology of the unit;
(ii) Access to the labour premises, access to, replication of information on labour management and interviews with the persons concerned, filling the Labour Inspection Registration Check and, if necessary, on-site, audio-visual;
(iii) Production of on-site inspections, interviews;
(iv) A letter of labour inspection enquiry may be made available to the user unit, as required, and the person's unit must respond within 10 days from the date of receipt of the letter of enquiry.
Article 15 deals with alleged violations of labour laws, regulations and regulations in accordance with the following procedures:
(i) The case. Violations that have been found or reported have been initially detected and the fact that there is a violation requires legal prosecution and the prosecution.
(ii) Investigation evidence. In the case of the case, the evidence was promptly investigated.
(iii) Treatment. According to the investigation evidence, there is a need for legal accountability to be taken in accordance with the law; it is cancelled in cases where violations cannot be found.
(iv) The production of a decision-making paper and the delivery of a user unit within 7 days of the date of the issuance.
Article 16 Labour inspections are carried out, inter alia, by reporting specialized inspections, routine inspections, special inspections and annual inspections. The labour inspector is required to carry out inspections by more than two individuals, present law enforcement documents and confidential commercial, technical secrets of the inspectorate.
Article 17. The Labour Guarantees Administration treats persons or workers in violation of labour laws, regulations and regulations, respectively, in order to correct, warning, inform criticism, fines, payment of compensation or lag funds, and the suspension of the licence granted by the executive branch.
Serious violations of labour laws, regulations and regulations constitute crimes and are brought to justice by the judiciary.
Article 18
Article 19 does not enter into a labour contract by law with the worker, and the labour security administration is responsible for a change in the period of time, which has not been changed and imposes a fine of up to 200 dollars per person for recruitment under the labour contract.
Article 20 does not apply to the annual Labour Guarantee, which is fined by the Labour Security Administration of more than 3,000 dollars.
Article 21 consists of one of the following acts, which are paid by the Labour Guarantee Executive to pay wages to workers and to pay economic compensation in accordance with 25 per cent of the salary, and may be liable to pay compensation to the worker in accordance with the sum of salary and economic compensation:
(i) Civic or arrears in the wages of workers;
(ii) To refuse to pay for the payment of the salary that workers should pay for their extended working hours;
(iii) The payment of workers' wages under local minimum wage standards;
(iv) After the dismissal of labour contracts, workers' economic compensation is not provided by law.
The author's unit was lately refused to pay, with a fine of up to $50 per person involved.
Article 2 does not determine the administrative penalties of the labour security sector by a person unit and may apply for administrative review or administrative proceedings.
Article 23 imposes decisions on administrative penalties in the labour security sector on both reconsideration, non-respect and non-implementation, and the labour security administration may apply to the People's Court in accordance with the law; the existence of a person's unit for all and the transfer of property, and the labour security administration may apply to the People's Court in accordance with the law.
Article 24 of the Labour inspectorate and inspectorate are responsible for misconduct, abuse of authority, provocative wing law, resulting in a lack of prompt redress, accountability, loss to the State, units and workers, administrative disposition and liability under the law, and criminal accountability by the judiciary.
Article 25 The Labour inspectorate of the stream city was enacted on 21 August 1995 (No. 26 of the People's Government Order No.