Measures For Administrative Reconsideration Of Labor And Social Security (1)

Article 1: in order to prevent and correct illegal or improper specific administrative acts and protect the legitimate rights and interests of citizens, legal persons or other organizations, the first safeguard measures shall be safeguards and supervised by the labor and social security administrative departments in accordance with the law of the People's Republic of China on administrative reconsideration.

The second citizens, legal persons or other organizations believe that the specific administrative acts made by the labor and social security administrative departments infringe upon their legitimate rights and interests, apply for administrative reconsideration to the labor and social security administrative departments, and the labor and social security administrative departments accept the application for administrative reconsideration and make administrative reconsideration decisions, which shall be governed by these measures.

　　第三條 公民、法人或者其他組織對勞動保障行政部門作出的下列具體行政行為不服，可以申請行政復議：　　（一）對勞動保障行政部門作出的警告、罰款、沒收違法所得、沒收非法財物、責令停產停業、吊銷許可證等行政處罰決定不服的；　　（二）認為符合法定條件，申請勞動保障行政部門辦理許可證、資格證等行政許可手續，勞動保障行政部門拒絕辦理或者在法定期限內沒有依法辦理的；　　（三）對勞動保障行政部門作出的有關許可證、資格證等變更、中止、取消的決定不服的；　?。ㄋ模┱J為符合法定條件，申請勞動保障行政部門審批、審核、登記有關事項，勞動保障行政部門沒有依法辦理的；　　（五）認為勞動保障行政部門侵犯合法的用人自主權、工資分配權等經營自主權的；　?。┥暾垊趧颖Ｕ闲姓块T依法履行保

The laborers have the legal duty of obtaining the right to remuneration for labor, the right to rest and take leave, the right to social insurance, etc. the labor and social security administrative departments fail to perform according to law; (seven) they believe that the labor and social security administrative departments have illegal fees or illegal demands for fulfilling their obligations; (eight) they are not satisfied with the specific administrative acts of the labor protection administrative departments that identify the work-related injuries; (nine) consider that other specific administrative acts made by the labor and social security administrative departments infringe upon their legitimate rights and interests.

Fourth citizens, legal persons or other organizations believe that the specific administrative acts of the labor and social security administrative departments are not lawful according to other normative documents other than laws, regulations, regulations and documents of the State Council. When applying for administrative reconsideration for specific administrative acts, they may apply to the labor and social security reconsideration organs for examination of the normative documents.

Fifth citizens, legal persons or other organizations can not apply for administrative reconsideration: (1) between the laborers and employers, labor disputes arising from the implementation of labor protection laws, regulations, regulations and other normative documents; (two) dissatisfied with the conclusions of the disability assessment made by the labor Identification Committee; (three) dissatisfied with the arbitration decisions or rulings made by the labor dispute arbitration committee; (four) the administrative lawsuit brought to the people's court by the people's court; (four) the people's court has accepted it according to law;