Advanced Search

Major Labor And Social Security Violations The Public Way

Original Language Title: 重大劳动保障违法行为社会公布办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
  First provide better protection for major labor violations of discipline, strengthen social supervision by public opinion, promoting employer compliance with labour and social security laws, rules and regulations, in accordance with the regulations on labor security supervision and other relevant provisions of the interim regulations on information publicity, these measures are formulated.

II human resources and social security administrative departments shall publicize the employer significant violation of labor security, these measures shall apply.

Article human resources and social security administrative departments publicize major violations of labor security, shall abide by the law and regulations, the principle of fair and objective truth.

Fourth is responsible for directing the Department of human resources and social security announced significant violation of labor security supervision of national social work and announced to the public in the country has a major impact on labor and social security violations.

The provinces, autonomous regions and municipalities directly under the human resources and social security administrative departments supervise the Administration announced major violation of labor security social work and announced to the public in their respective administrative areas have a significant impact on labor and social security violations.

Municipal and County jurisdiction of administrative law enforcement by human resources and social security administration departments, in charge of the area's major public works labor violations committed.

Fifth article human resources social security administrative sector on following has law investigation and made processing decided of major labor guarantees violations, should to social announced: (a) deduction, and for no reason arrears workers labor paid, amounts larger of; refused to paid labor paid, law transferred judicial organ held criminal of; (ii) not law participate in social security or not law paid social security fee, plot serious of; (three) violation work time and rest vacation provides, plot serious of;

(D) violation of special labor protection for women workers and underage workers, if the circumstances are serious, (v) violate the provisions of prohibiting the use of child labour, (vi) serious adverse social impacts caused by the violation of Labor Security; (VII) other major labor and social security law.

Article sixth publicize major violations of labor security, shall set out the following matters: (a) illegal subject name, uniform code of social credit (or registration number) and address, (ii) the name of the legal representative or responsible person; (c) the main illegal facts and (iv) related conditions.

Involve State secrets, business secrets and personal information will not be published.

Article seventh major violations should be in human resources and social security administrative departments of labor security portals published and in major newspapers, television and other media published their respective administrative areas.

Eighth municipal and county administrative departments of human resources and social security of the area's major labor and social security violations to the public once each quarter.

Human resources and Social Security Ministry and provincial human resources and social security administrative departments publicize a major violation of labor security every six months.

In accordance with the needs, for major labor violations can be released at any time.

Nineth local human resources and social security administrative departments at and above the county level to the public before a big violation of labor security, shall report the information published on the level of human resources and social security administration.

Tenth Administrative Department of human resources and social security announced significant violation of labor security and social situation should be credited to the employer of labor and social security law credit file, included in the credit system of human resources and social security, and with other departments and social organizations shall, in accordance with rule implementation of information-sharing and joint discipline.

11th the employer objects to the public, by human resources and social security administrative departments responsible for investigating within 15 working days from the date of receipt of the application to be reviewed and processed, and informs the employer.

Major violation of labor security handling for amendment or cancellation of the decision is, is responsible for the investigation of human resources and social security administrative departments shall change or cancel within 10 working days of the date, corrections to the published content.

12th human resources and social security announced significant violation of labor security administration staff in social abuse, negligence, malpractice, be dealt with according to law. 13th article of the rules implemented on January 1, 2017.