What are the contents of Liaoning labor security supervision regulations?

The Regulations on Labor Inspection in Liaoning Province is a local regulation. The first edition was promulgated and revised once. What we are seeing now is the revised version. This regulation is formulated according to the National Labor Inspection Regulations issued by the State Council and combined with the actual characteristics of Liaoning Province, and has its own characteristics. These Provisions are only of guiding significance to the labor inspection work within the administrative area of Liaoning Province, and have no effect on other administrative areas. Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of our province, in order to standardize the labor inspection behavior, protect the legitimate rights and interests of laborers and employers, and maintain the social labor order. Article 2 The term "labor supervision" as mentioned in these Regulations refers to the administrative law enforcement actions of the labor security administrative department to supervise and inspect the compliance of enterprises, private non-enterprise units, individual economic organizations, state organs, institutions and social organizations (hereinafter referred to as employers) with labor laws and regulations within their respective administrative areas, and to deal with illegal acts according to law. The supervision and management of labor safety and health shall be implemented in accordance with the provisions of relevant laws and regulations. Article 3 The administrative departments of labor security of provinces, cities and counties (including county-level cities and districts, the same below) shall be in charge of labor supervision within their respective administrative areas. The labor inspection agency under the administrative department of labor security is specifically responsible for labor inspection. The administrative departments of finance, taxation, industry and commerce, public security, economy and trade shall, according to their respective duties, do a good job in labor supervision and management. Article 4 People's governments at all levels shall include the funds needed for labor inspection into the fiscal budget at the corresponding level. Article 5 The administrative department of labor security shall carry out labor supervision in accordance with the provisions of these Regulations. The employing unit shall accept labor supervision according to law and shall not refuse or obstruct it. The employing unit has the right to refuse the inspection beyond the scope and items of supervision or in violation of the supervision methods and procedures. Article 6 Any organization or individual has the right to report and complain about violations of labor laws and regulations. The administrative departments of labor and social security at all levels shall announce the report telephone number, set up a report mailbox and set up a report reception room. The department that accepts reports and complaints shall promptly handle the cases of reports and complaints, and keep confidential the informants. The administrative departments of labor security at all levels can provide free consulting services for workers through the assistance services of labor laws and regulations. Article 7 Trade unions shall safeguard the legitimate rights and interests of laborers according to law, supervise the employers' compliance with labor laws and regulations, and may request the administrative department of labor security to deal with illegal acts found in the supervision process according to law. The administrative department of labor security shall promptly handle the request of the trade union. Chapter II Jurisdiction and Duties Article 8 The provincial labor security administrative department is responsible for the labor supervision of the employers directly under the central government and the province. The labor supervision jurisdiction of other employers shall be determined by the Municipal People's Government. Article 9 Where there is any dispute over the jurisdiction of labor inspection, the jurisdiction shall be designated by the administrative department of labor security at the next higher level. Article 10 The administrative department of labor security at a higher level may entrust the labor supervision matters under its jurisdiction to the administrative department of labor security at a lower level; The administrative department of labor security at a lower level may refer complicated or influential cases to the administrative department of labor security at a higher level for handling. Article 11 The administrative department of labor security shall perform the following duties of labor supervision: (1) To publicize and implement labor laws and regulations; (two) to accept reports or complaints about violations of labor laws and regulations; (three) to supervise and inspect the employer's compliance with labor laws and regulations, and to correct and investigate violations of labor laws and regulations according to law; (four) training, management and supervision of labor inspectors; (5) Other supervisory duties as stipulated by laws and regulations. Chapter III Contents and Methods Article 12 The administrative department of labor security shall supervise the following matters: (1) Recruitment and employment of employees; (two) the conclusion and performance of labor contracts and collective contracts; (three) compliance with the working hours and rest and vacation system; (four) the payment of wages and the minimum wage guarantee; (five) to participate in social insurance and pay social insurance premiums to protect the rights of employees to enjoy social insurance; (six) special labor protection for female workers, underage workers and disabled workers; (7) Vocational skill training; (eight) comply with the provisions of the occupation introduction and occupation training; (nine) institutions that undertake foreign labor service cooperation, overseas contracted projects and overseas employment of individual citizens safeguard the legitimate rights and interests of overseas employees; (ten) other labor supervision matters stipulated by laws and regulations. Thirteenth labor inspection report is divided into special investigation, daily inspection, special inspection and annual inspection. Article fourteenth the administrative department of labor security may, according to the needs, issue a notice of inquiry about labor supervision to the employer. The employing unit shall give a reply within 10 days from the date of receiving the inquiry notice. Chapter IV Procedures Article 15 Labor inspection shall be conducted in accordance with the following procedures: (1) Inform the employer of the contents, requirements and methods of labor inspection; (two) to enter the workplace, consult and copy the materials related to labor management and ask the relevant personnel, fill in the labor inspection registration form, and take pictures and records on the spot when necessary; (3) Making on-site inspection and inquiry records. Article 16 Acts suspected of violating labor laws and regulations shall be handled according to the following procedures: (1) Registration and filing; (two) investigation and evidence collection: (three) after investigation and evidence collection that need to be investigated for legal responsibility, make a decision according to law; A case that cannot be identified as an illegal act shall be revoked; (4) Make a decision and deliver it to the employer within 7 days from the date of issuance. Seventeenth labor and social security administrative departments to investigate and deal with illegal acts, should be closed within 60 working days from the date of filing; If the situation is complicated and needs to be extended, it may be extended with the approval of the person in charge of the administrative department of labor security, but the extension period shall not exceed 30 working days. Eighteenth labor inspectors to carry out supervision must be more than two people, to produce the "labor security supervision certificate", and to keep business and technical secrets for the units under supervision. Article 19 The labor inspection shall implement the avoidance system. The labor inspector who undertakes the case shall voluntarily withdraw under any of the following circumstances: (1) he is a close relative of the party to the case; (2) He or his close relatives have an interest in the case; (three) for other reasons may affect the fair handling of the case. If the party concerned thinks that the labor inspector should withdraw, the withdrawal of the contractor shall be decided by the person in charge of the labor inspection agency; The withdrawal of the person in charge of the labor inspection agency shall be decided by the person in charge of the administrative department of labor security. Chapter V Legal Liability Article 20 If an employer illegally recruits minors under the age of 16, the administrative department of labor and social security shall impose a fine of more than 2,000 yuan and less than 5,000 yuan per person according to the number of recruits; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce according to law. Twenty-first in violation of other provisions of these regulations, the People's Republic of China (PRC) Labor Contract Law, the Regulations on the Implementation of the Labor Contract Law and the Regulations on the Supervision of Labor Security shall be punished in accordance with the provisions of laws and administrative regulations. Article 22 If an employer fails to participate in social insurance and pay social insurance premiums in accordance with the relevant provisions of the state and the province, it shall be dealt with in accordance with the Provisional Regulations on the Collection and Payment of Social Insurance Fees of the State Council and the relevant provisions of the province. Twenty-third employers in violation of these regulations, if the circumstances are serious, the administrative department of labor security can issue a warning notice to the society. Twenty-fourth labor inspectors who have one of the following acts shall be criticized and educated by their units or given administrative sanctions according to the personnel management authority; If damage is caused to the employing unit or laborer, it shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) illegally collecting evidence; (two) should be avoided but not avoided; (3) disclosing the business secrets and technical secrets of the inspected entity; (4) divulging the information of informants; (five) beyond the scope and matters of supervision; (six) other dereliction of duty, abuse of power, corruption. Chapter VI Supplementary Provisions Article 25 These Regulations shall come into force as of June 6, 2002+/kloc-0+1October 6. "Liaoning Province Labor Security Supervision Regulations" belongs to the category of local laws and regulations, and is at the fourth level of China's laws, and cannot contradict the superior law. The change of laws and regulations is only applicable to the labor inspection work within the administrative area of Liaoning Province, and other provincial administrative units can refer to it in the implementation, but in principle, such administrative laws and regulations within their respective administrative areas shall prevail.