Labor Supervision Regulations

Article 1. In order to safeguard the socialist labor order, strengthen labor supervision and ensure the implementation of the state's labor laws, regulations and rules, these Provisions are formulated in accordance with relevant laws and regulations of the state.

The second provision applies to enterprises, institutions and employees in the People's Republic of China area, and the workers (hereinafter referred to as labourers) who have labor relations with the employing units.

The third labor supervision referred to in these Provisions refers to the inspection by the labor administrative departments of units and laborers in compliance with labor laws, regulations and rules, and penalties for illegal activities.

The inspection of labor safety and health laws, regulations and rules by units and workers shall be carried out in accordance with the existing provisions.

The fourth labor supervision work must adhere to the law, the law enforcement must be strict, the law must be investigated. Based on the facts and taking the law as the criterion, we should correct and investigate various violations of the labor law accurately and timely.

Any unit and laborer shall have the right to report to the labor supervisory organization for violation of labor laws.

The fifth labor supervision organs of the county and county level labor administrative departments are specifically responsible for labor supervision.

The labor supervision organs at the county level shall be responsible for supervising the compliance with the labor laws of the units and workers in their respective administrative areas, except those provided by the provincial people's government. The scope of labor supervision under the jurisdiction of the provincial and local (city) level labor supervision organs shall be determined by the provincial people's government.

Sixth labor supervision departments of labor administrative departments are equipped with full-time and part-time labor inspectors.

The labour inspector shall be selected from the personnel who are familiar with the labor business, master the knowledge of labor law, adhere to principles, act impartially, and be competent for labor supervision.

The labour inspectors of the labor administration department under the State Council shall be appointed by the labor administrative department under the State Council, and the labour inspectors of the local labor administrative departments at all levels shall be appointed by the labor administrative departments of the people's governments at the same level and submitted to the competent labor administrative departments of the people's governments at the next higher level for the record.

The certificate of labour inspector shall be supervised by the Ministry of labour.

The seventh labor supervisory organs exercise the following functions and powers:

(1) publicize the state's labor policies and policies, labor laws, regulations and rules, and urge units and workers to implement them.

(two) supervise and inspect the units and laborers in compliance with labor laws, regulations and rules, and correct and investigate violations of regulations in accordance with the law.

(three) training and supervising labor inspectors;

(four) other supervisory duties prescribed by laws, regulations and rules.

Local labor supervision organs are supervised and guided by the first level labor administrative departments.

Eighth contents of labour Supervision:

(1) compliance with relevant provisions by social labor intermediary agencies and social training institutions;

(two) the conclusion and performance of the labor contract;

(three) the behavior of recruiting employees;

(four) working hours of labourers;

(five) enterprises comply with the regulations of macro regulation and control of total wages of enterprises.

(six) the unit pays the wages of the workers;

(seven) the income of operators of state-owned enterprises;

(eight) the payment of social insurance premiums by units and workers;

(nine) the payment of social insurance;

(ten) the unit's compliance with the employee welfare provisions;

(eleven) units and workers comply with the provisions on the development of vocational skills;

(twelve) the appraisal and certification of workers' vocational skills by social vocational skills appraisal institutions;

(thirteen) undertaking overseas contracting projects, foreign labor services cooperation, and citizens' personal exit employment institutions to safeguard the legitimate rights and interests of overseas employment personnel;

(fourteen) other matters stipulated by laws, regulations and rules.

The ninth labor supervisory organs and labour inspectors have the following rights in performing their duties:

(1) to enter the relevant units for inspection at any time according to the needs of the work;

(two) when necessary, it may issue a notice of labour supervision and a labor supervision instruction to a unit or laborer, and request it to make a written reply to the labor supervision organ within ten days from the date of receiving the notice or instruction.

(three) to consult or refer to the relevant information of the units being inspected and ask the relevant personnel.

The tenth labour inspectors shall perform their duties in the following duties:

(1) enforce laws impartially, do not abuse their power and do not engage in malpractices for selfish ends;

(two) it is not allowed to disclose cases and confidential information to others.

(three) confidentiality for whistleblowers.

The eleventh labor administrative departments shall, in accordance with the provisions of the existing labor laws, regulations and rules, impose penalties for warnings, criticisms, fines, revoke permits, and suspend production and suspend business for rectification, in accordance with the provisions of the existing labor laws, regulations and rules.

Those who obstruct, make difficulties, assault labour inspectors, obstruct public inspection, or fail to reply to the notices or instructions in accordance with the prescribed time, and do not really reflect the situation, may be given administrative penalty by the competent labor administrative departments, and the public security organs shall be dealt with by the public security organs for violating the regulations on the administration of public security penalties.

Article twelfth when carrying out labor supervision, more than two labour inspectors shall be conducted, and certificates of labour inspectors shall be issued.

Thirteenth the illegal activities of investigating units or workers shall be conducted in accordance with the following procedures:

(1) register for registration.

Those who have discovered the illegal acts, have been examined and deemed to have illegal facts and need to be investigated in accordance with the law, should register for registration.

(two) investigation and evidence collection.

In case of a case being registered, the investigation and evidence collection shall be organized in time.

(three) processing.

After investigation and evidence collection, the competent labor administrative department shall make a decision on the cases that need to be investigated for legal liability.

Before the decision is made, the labor administrative department shall listen to the parties' pleading.

(four) making and processing decisions.

The labor administrative department shall make a decision on processing the decision.

The decision shall be stamped with the seal of the Department of labor administration.

1. The basic situation of the party's name and address;

2. The illegal facts identified by the labor administrative department;

3. Applicable laws, regulations, regulations or normative documents.

4. Conclusion;

5. Handle the date or time limit for the decision.

6. The right of the parties to apply for administrative reconsideration or to initiate administrative proceedings in accordance with the law.

7. Make the name of the administrative organ dealing with the decision.

8. Make the date of processing the decision.

(five) service.

Within seven days from the date of processing the decision, the labor supervision organ shall deliver the decision to the litigant.

Processing decisions shall take effect from the date of service to the parties concerned.

The fourteenth labour inspectors may handle the illegal acts that are clear in facts, conclusive in evidence and simple in plot.

On the spot, the decision on the spot processing should be completed and submitted to the parties concerned.

If the parties have any objection to the on-the-spot treatment, they shall be dealt with in accordance with the thirteenth provision of these provisions.

Fifteenth fines for enterprises shall not be included in the cost of production from their own funds (funds); the penalty for public institutions shall be paid from their own funds (funds) and shall not be paid in the business expenses.

The sixteenth fines shall be fined by the financial department uniformly, and the fine shall be turned over to the public in full.

The administrative penalty decision made by the seventeenth labor administrative departments shall be submitted to the higher level labor administrative department for record within ten days.

If eighteenth units and workers are not satisfied with the administrative penalties for labor, they may apply for reconsideration or prosecution in accordance with the provisions of the administrative procedural law and the Administrative Reconsideration Regulations.

During the period of reconsideration and litigation, the execution of the original decision will not be affected.

If the units and workers do not apply for reconsideration and do not prosecute and do not execute the decision, the labor supervision institution may apply for compulsory execution by the people's court.

If the labour inspectors of the nineteenth labour supervisory organs fail to perform their duties, engage in selfish ends, or cause unlawful acts to be corrected in time, or abuse their powers and cause serious losses to the interests of the state, units or workers, the labor administrative departments shall give the responsible persons the administrative offices, and may also compensate for the economic losses. If the case constitutes a crime, the judicial organ shall be investigated for criminal responsibility according to law.

The labor administrative departments of twentieth provinces, autonomous regions, and municipalities directly under the central government may, in accordance with the provisions and the specific conditions of the locals, formulate measures for their implementation and submit them to the Ministry of labor for record.

The twenty-first provision shall come into force on the date of promulgation.