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Regulations of Hebei Province on Labor Law Supervision of Trade Unions
The term "labor legal supervision by trade unions" as mentioned in these Regulations refers to organized mass supervision by trade unions at all levels on employers' compliance with labor laws and regulations and safeguarding the legitimate rights and interests of workers.
The employing units mentioned in these Regulations refer to enterprises, individual economic organizations, private non-enterprise units, legally established partnership organizations and foundations, as well as state organs, institutions and social organizations that establish labor relations with employees. Article 3 The labor legal supervision of trade unions shall follow the principles of supervision according to law, relying on the masses, objectivity, impartiality and close cooperation. Fourth local trade unions at or above the county level shall be responsible for organizing, guiding, coordinating and implementing the labor legal supervision of trade unions within their respective administrative areas.
Industrial (industry) trade unions and regional grass-roots trade union federations are responsible for organizing, guiding, coordinating and implementing the labor legal supervision of trade unions in their own industries and regions.
Grass-roots trade unions exercise labor legal supervision over their own units. Article 5 The people's governments at or above the county level and their human resources and social security departments, departments in charge of production safety and other relevant departments shall support the trade unions to carry out labor legal supervision. Article 6 Trade unions and employers shall establish a system of collective consultation, communicate and consult regularly on matters involving the legitimate rights and interests of employees, and strengthen the prevention and handling of labor disputes in advance.
The employing unit shall accept and cooperate with the trade union to carry out labor legal supervision according to law.
The trade union shall educate the employees to abide by the rules and regulations formulated by the employing units according to law, and guide the employees to express their demands according to law. Article 7 The human resources and social security department of the people's government at or above the county level shall, jointly with trade unions, enterprise federations, federations of industry and commerce and other enterprise representative organizations at the same level, improve the tripartite mechanism for coordinating labor relations and jointly study and solve major problems in the labor legal supervision of trade unions. Article 8 People's governments at or above the county level and local trade unions shall, in accordance with relevant regulations, reward units and individuals who have made outstanding achievements in observing labor laws and regulations, safeguarding the legitimate rights and interests of workers, and carrying out labor legal supervision of trade unions. Chapter II Supervision Organization Article 9 Trade unions at all levels shall set up labor law supervision committees of trade unions, which shall exercise labor law supervision under the leadership of trade unions at the same level and accept the professional guidance of labor law supervision committees of trade unions at higher levels.
The labor law supervision committee of a trade union consists of a director and members, with the director generally being the chairman of the trade union, and the members elected by the trade union at the same level among its members, and the number of members is determined according to the actual situation.
Local Federation of Trade Unions, industrial trade unions and regional grass-roots trade union federations at or above the county level may employ NPC deputies, CPPCC members, experts, scholars and lawyers. As a consultant to the labor law supervision committee of the trade union at the same level, and provide legal policy consulting services. Article 10 The labor law supervision committee of grass-roots trade unions shall set up labor law supervisors of trade unions. The labor law supervisor of the trade union shall be the person in charge of each trade union group of the employer; If there is no trade union organization, an employee shall be recommended by the departments, workshops, teams and other grass-roots production and business units of the employing unit.
For the employing units that have not established trade unions, the local Federation of Trade Unions, industrial (industrial) trade unions and regional grass-roots trade union federations at or above the county level may employ employees as labor legal supervisors of the employing units' trade unions. Eleventh at or above the county level local Federation of trade unions, industrial (industry) trade unions, regional grassroots trade union federation labor law supervision committee shall perform the following duties:
(a) to organize the publicity of labor laws and regulations, and to guide and support the labor legal supervision work of lower-level trade unions;
(II) Accepting and assigning the complaints and reports of employers violating labor laws and regulations, accepting the reports of labor law supervision committees of lower-level trade unions on employers violating labor laws and regulations, accepting the reports of labor law supervisors of trade unions hired by employers without trade unions, and organizing investigation and handling in time according to the situation;
(three) report the supervision work to the trade union at the same level and the labor law supervision committee of the trade union at the next higher level, and handle the matters assigned by the labor law supervision committee of the trade union at the next higher level. Twelfth grass-roots trade union labor law supervision committee shall perform the following duties:
(a) to carry out the publicity of labor laws and regulations, and supervise the compliance of this unit with labor laws and regulations;
(2) Accepting complaints and reports about violations of labor laws and regulations and violations of the legitimate rights and interests of workers, accepting reports from labor law supervisors of trade unions, organizing investigations, and making suggestions to trade unions at the same level;
(three) to report the unresolved issues to the labor law supervision committee of the trade union at the same level and at the higher level;
(four) to handle matters assigned by the labor law supervision committee of the superior trade union. Thirteenth trade union labor law supervisors shall perform the following duties under the leadership of the labor law supervision committee of the trade union:
(a) found that the employer violates labor laws and regulations and infringes on the legitimate rights and interests of employees, and reported to the labor law supervision committee of the trade union;
(two) to participate in labor dispute mediation;
(three) to handle other matters assigned by the labor law supervision committee of the trade union.
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