Provisions on labor inspection

Article 1 In order to maintain the socialist labor order, strengthen labor supervision and ensure the implementation of national labor laws, regulations and rules, these Provisions are formulated in accordance with relevant national laws and regulations. Article 2 These Provisions shall apply to enterprises, institutions, individual industrial and commercial households in cities and towns in People's Republic of China (PRC) (hereinafter referred to as units) and laborers who have labor relations with the above-mentioned employers (hereinafter referred to as laborers). Article 3 The term "labor inspection" as mentioned in these Provisions refers to the inspection by the competent labor administrative department on the employers and laborers' compliance with labor laws, regulations and rules and the punishment of illegal acts.

The inspection of the compliance of units and workers with laws, regulations and rules on labor safety and health shall be carried out according to the existing regulations. Article 4 Labor supervision must adhere to the principles of abiding by laws, strictly enforcing laws, prosecuting offenders, taking facts as the basis and taking laws as the criterion, and accurately and promptly correct and investigate all kinds of violations of labor laws.

All units and workers have the right to report violations of labor laws to labor inspection agencies. Article 5 The labor supervision institutions of the labor administrative departments at or above the county level shall be specifically responsible for labor supervision.

County-level labor inspection agencies are responsible for monitoring the compliance of units and workers within their respective administrative areas with the labor law, unless otherwise provided by the provincial people's government; The scope of labor inspection under the jurisdiction of provincial and prefecture (city) level labor inspection institutions shall be stipulated by the provincial people's government. Article 6 The labor inspection agency of the competent labor administrative department is equipped with full-time and part-time labor inspectors.

Labor inspectors should be selected from those who are familiar with the labor business, master the knowledge of labor law, adhere to principles, act impartially and be competent for labor inspection.

The labor inspector of the labor administrative department of the State Council is appointed by the labor administrative department of the State Council; Labor inspectors of local labor administrative departments at all levels shall be appointed by the labor administrative department of the people's government at the same level and reported to the labor administrative department of the people's government at the next higher level for the record. "Labor inspector certificate" by the Ministry of labor unified supervision. Article 7 Labor inspection agencies shall exercise the following functions and powers:

(a) to publicize the national labor policy and labor laws, regulations and rules, and urge the units and workers to implement them;

(two) to supervise and inspect the compliance of units and workers with labor laws, regulations and rules, and to correct and investigate illegal acts according to law;

(3) Training and supervising labor inspectors;

(4) Other supervisory duties as stipulated by laws, regulations and rules.

Local labor inspection agencies are supervised and guided by the labor administrative department at the next higher level. Article 8 Contents of labor inspection:

(a) social labor intermediary institutions and social training institutions to comply with the relevant provisions;

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

(three) the behavior of the unit to recruit employees;

(four) the working hours of workers;

(five) the enterprise's compliance with the macro-control provisions of the total wages of enterprises;

(six) wages paid by the unit;

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

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

(9) Payment of social insurance;

(ten) the unit to comply with the provisions of employee welfare;

(eleven) units and workers to comply with the provisions of the occupation skill development;

(twelve) social occupation skill appraisal institutions to identify the occupation skills of workers and issue certificates;

(thirteen) to undertake overseas contracted projects, foreign labor cooperation, overseas employment of individual citizens, and safeguard the legitimate rights and interests of overseas employees;

(fourteen) other matters stipulated by laws, regulations and rules. Article 9 Labor inspection agencies and labor inspectors shall enjoy the following rights when performing their duties:

(a) according to the needs of the work, you can enter the relevant units for inspection at any time;

(2) When necessary, issue a Notice of Inquiry on Labor Supervision and a Letter of Instruction on Labor Supervision to the employing unit or laborer, requiring them to make a written reply to the labor inspection agency within 10 days from the date of receiving the notice or instruction;

(three) to consult (read) or copy the relevant information of the inspected unit and ask the relevant personnel. Article 10 When performing their duties, labor inspectors shall undertake the following obligations:

(a) enforce the law impartially, and shall not abuse their powers or engage in malpractices for selfish ends;

(two) shall not disclose the case and confidential information of the enterprise to others;

(3) keeping confidential the informants. Eleventh labor administrative departments in violation of labor laws and regulations, according to the provisions of the existing labor laws, regulations, rules, respectively, to give a warning, informed criticism, fines, revoke the license, ordered to suspend production and business for rectification punishment; In violation of other administrative regulations, it is suggested that the relevant administrative organs give administrative punishment; Those who violate the criminal law are suggested to be investigated for criminal responsibility by judicial organs.

Obstructing, making things difficult, beating labor inspectors, obstructing the supervision of official duties, or failing to reply to notices and instructions within the specified time, and failing to truthfully reflect the situation, the labor administrative department may give administrative sanctions to the responsible person; In violation of the regulations on administrative penalties for public security, it is suggested that the public security organ handle it.