Provisions On Labor Administrative Punishment

Article 1 in order to standardize the behavior of labor administrative penalty, guarantee and supervise the effective implementation of administrative management by the labor administrative departments, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these Provisions are formulated in accordance with the administrative punishment law of the People's Republic of China (hereinafter referred to as the administrative punishment law).

The second provision applies to the labor administrative departments at or above the county level, which enjoy the right to administrative punishment according to law.

The third labor administrative departments shall implement administrative penalties based on labor laws, regulations and rules.

Fourth normative documents other than laws, regulations and regulations shall not be imposed on administrative penalties, but specific provisions may be made within the scope of the acts, categories and ranges of administrative penalties provided for by laws, regulations and rules.

If a normative document is invoke in making a penalty decision, it must first quote the laws, regulations or rules on which it is based.

The fifth types of labor administrative penalties include warnings, fines, confiscation of illegal gains, ordering to suspend production and business and revoke permits.

The notification criticism stipulated in the labor laws and administrative regulations shall be regarded as an independent administrative punishment according to the provisions of article eighth (seven) of the administrative punishment law.

The sixth is to order correction, which is an administrative measure taken by administrative organs in the process of administration.

When implemented, it shall be implemented in accordance with the twenty-third provision of the administrative punishment law.

The seventh labor administrative departments in order to safeguard the order of labor administration, the relevant certificates issued in employment, training, social insurance, labor protection and other aspects do not fall within the scope of the license stipulated in the administrative punishment law.

The eighth labor administrative supervision organs are the internal organs of the labor administrative departments. When exercising the right of administrative punishment, they shall make administrative penalty decisions in the name of their respective administrative organs.

The ninth labor supervision organs, which are established by the labor administrative departments and belong to the undertakings, are entrusted by the labor administrative departments according to law, and have the right to make administrative penalties in the name of their respective administrative organs.

The tenth Township labor management agencies are entrusted by the dispatched organs according to law and have the right to impose administrative penalties in the name of the dispatched organs.

The eleventh labor administrative departments may, in accordance with the provisions of laws, regulations or regulations, entrust business organizations or other organizations to impose administrative penalties within their statutory functions and powers.

The twelfth organization entrusted by the labor administrative department to impose administrative penalty shall not entrust any other organization to impose administrative penalty within the scope of entrustment.

After the thirteenth labor regulations have been approved by the State Council or by the Standing Committee of the people's Congress of the provinces, autonomous regions and municipalities directly under the Central Committee, the labor laws and regulations can be authorized for the implementation of administrative penalties by enterprise organizations or other organizations.

Fourteenth organizations or other organizations entrusted by law or regulations without authorization or by labor administrative departments in accordance with laws, regulations and rules shall not impose administrative penalties.

The fifteenth labor administrative departments may, when collecting evidence, take administrative coercive measures in accordance with the provisions of laws and administrative regulations for evidence that may be lost or later difficult to obtain. When the laws and administrative regulations fail to grant administrative coercive measures, the approval of the head of the labor administrative department may first register the evidence and preserve it locally.

The sixteenth labor administrative departments shall hold a hearing before making a decision on major administrative penalty, such as ordering production to stop production, revoke the license, and impose a larger amount of fines.

If the parties concerned give up the right to hear the hearing, the administrative law enforcement organ shall send a decision on major administrative penalty to be submitted to the Legal Work Department of the department or the institution that undertakes the work of the legal system for preliminary examination, and then the collective decision of the responsible person of the labor administrative department shall be held.

Seventeenth labor administrative departments at or above the county level shall establish a supervision system for administrative penalties.

The legal work institution of the labor administrative department or the institution that undertakes the work of the legal system shall supervise the administrative penalty acts made by the administrative organs at the corresponding level.

The higher level labor administrative departments shall exercise supervision over the administrative penalties imposed by the lower level labor administrative departments.

The eighteenth labor administrative departments shall establish and improve the filing system of administrative penalties and the statistical system of administrative penalty cases.

The lower level labor administrative departments should report to the higher level labor administration departments once a year about the occurrence of administrative penalty cases in the region.

The record of labor administrative punishment and the statistical work of administrative penalty cases shall be responsible for the functional organs of the labor administrative department.

The nineteenth labor administrative departments should establish an administrative penalty document system.

Labor administrative law enforcement officers should fill in corresponding documents when conducting administrative penalties.

Twentieth labor administrative law enforcement officers should produce certificates of labor administrative enforcement when investigating, collecting evidence, conducting inspections or punishing on the spot.

The administrative enforcement documents issued by the labor administrative departments shall be uniformly stipulated by the Ministry of labour.

The twenty-first labor regulations promulgated by the Ministry of labour are promulgated by the ministerial order and issued in the China labour journal.

The twenty-second Provisions come into effect on October 1, 1996.