What Are The Ways Of Labor Supervision?

　 I. routine inspection and supervision

Labor administration department labor supervision The agencies and supervisors shall take the initiative to inspect and inspect the employing units and their labor places in accordance with their functions and powers, find problems in time, deal with them in accordance with the law, prevent labor disputes and reduce emergencies. Labor supervision organs at all levels carry out target management for inspection and supervision, and clearly check the number of employers and key contents of inspection. Through routine inspection and supervision, labor inspectors can go deep into factories and workshops, and publicize labor laws and regulations and related policies to workers, guide enterprises to formulate internal rules and regulations, guide labor contracts and collective contracts, help implement various labor standards, and find that employers have committed illegal activities in time to correct them, and solve them at the grass-roots level, and solve them in the bud.

Two, report special investigation

Report investigation is the main part of labor supervision. mode One of. Labor supervision work adhered to the combination of labor supervision and supervision by the masses. Principle We must closely rely on the masses, give full play to the enthusiasm of the staff and workers in monitoring and reporting, and grasp the clues of the labor relations and the cases of labor law violations through the masses' reports, and give warning to possible contingencies, so as to achieve the goal of maintaining a harmonious and stable labor relationship. Labor administrative departments at all levels have correspondingly established a labor monitoring and reporting system, announced telephone reports, set up reporting mailboxes, appointed special persons to take charge, and conscientiously completed the work of reporting and receiving the masses. Conscientiously studying and analyzing cases reported by the masses, all cases that violate the labor laws and regulations shall be accepted and investigated immediately. At the same time, the people's report cases accepted by the higher level labor departments may be transferred to the lower level labor departments for investigation and treatment, and when necessary, they should be sent to the lower levels. The labor administrative departments at lower levels should report the results of the investigation to the higher level labor administrative departments in time. Labor supervision organs and labour inspectors should protect whistleblowers and confidentiality for whistleblowers. Practical measures should be taken to prevent informants from being infringed in their work, wages, welfare benefits and personal safety. Those who are responsible for hurting and attacking whistleblowers must be dealt with severely.

　 Three. Annual labour inspection

The annual labor inspection is the supervisory organ of the labor administrative department, which carries out a comprehensive supervision and inspection every year in accordance with the labor laws and regulations of the employers in the areas under their jurisdiction. In carrying out the annual inspection, labor supervision applies the inspection methods of administrative law enforcement, conscientiously completes the propaganda and education work of labor laws and regulations, and specifically guides and helps the employing units to standardize the employing behavior, and organically combines propaganda, education, guidance services, supervision and rectification and investigation according to law, so as to promote the employing units to fully implement all labor laws and regulations, and safeguard the legitimate rights and interests of workers.

Annual inspection is an effective way to suit our national conditions. In this way, we can alleviate the problem of lack of supervision of labor force, cause blind spots in supervision, some illegal behaviors can not be detected in time, and so on. At the same time, we can urge employers to self examine and investigate, and establish self-discipline mechanism.

　 Four, the employer's labor rules and regulations filing review system

In accordance with the provisions of the labor law, the labor rules and regulations formulated by the employing units violate the provisions of laws and regulations, and the labor administrative departments shall give them warning and order them to make corrections. The employing unit shall send the labor rules and regulations formulated to the labor supervision department of the labor administrative department for archival examination. If a review is in conformity with the provisions of labor laws and regulations, the examination and approval shall be issued. If any violation of labor laws and regulations is found after examination, the enterprise shall be corrected. By setting up a system of filing and reviewing labor rules and regulations by employing units, we can solve the contradiction between "big law" and "small law", and timely correct the illegal activities of employers. {page_break}

Five. Special inspections or inspections.

In order to concentrate on solving outstanding problems in labor law enforcement, special inspections can be organized according to the needs of work, and regular inspections and surprise inspections should be combined. In the face of many inspection contents, heavy tasks and wide coverage, the labor supervision organization can concentrate on manpower and material resources to conduct a comprehensive inspection of a certain range of employers within a certain period of time. It can eliminate some of the escaping psychology of some enterprises to avoid supervision, and solve the outstanding problems of labor management in the employing units quickly, and create a good legal environment for employment. In order to do a good job in the major inspection work, we should do well in every aspect of the work, such as making plans, organizing and launching, supervising and checking, organizing inspection, punishing rectification and so on, giving full play to the role of the main body of the labor supervision team, earnestly supervising the rectification of the employing units, and helping to improve the labor management level of the employing units.

　 Six, labor and social security supervision and labor union legal supervision

(1) description of circumstances

Labor and social security supervision is an administrative law enforcement activity entrusted by the state to the labor and social security administrative department to supervise and inspect the employing units' compliance with labor security laws and regulations, and to conduct administrative punishment or punishment on illegal activities. Labor union legal supervision is the supervision activities organized by the trade unions according to law enforcement of labor safety laws and regulations. Both are an important part of the legal supervision system of labor security in China. In the implementation of labor security laws and regulations, labor security administrative departments and trade union organizations should conscientiously perform their respective duties, support each other, coordinate and cooperate with each other, establish relevant working systems, and jointly promote the construction and work of labor security legal supervision system.

(two) establishment of briefing and regular meetings.

Labor safety supervision organs and trade union legal supervision organizations at or above the county level shall regularly hold joint meetings or regular work meetings to inform the work, analyze and study the problems existing in the implementation of labor safety laws and regulations, and put forward suggestions and measures to strengthen the work of legal supervision of labor and social security. We should do well in the collection, analysis and statistics of information, and strengthen information exchange, especially in major events and important information notifications.

(three) supervision and Research on major issues concerning the legitimate rights and interests of workers

The trade unions shall safeguard their legitimate rights and interests according to law, and supervise the employers' compliance with labor and social security laws and regulations. Labor and social security administrative departments and trade union organizations can carry out investigation and Study on the implementation of labor security laws and regulations, safeguard the legitimate rights and interests of workers, and propose solutions and suggestions for violations of the legitimate rights and interests of workers and social stability.

(four) establish a feedback system for case handling.

In the supervision of labor and social security laws and regulations, the legal supervision organizations of trade union labor security at or above the county level can be applied to the labor and social security administrative departments with jurisdiction. Labor and social security supervision institutions should promptly investigate the situation reflected by the trade unions and feedback the results to the labor union legal supervision organizations.

(five) establish a labor union law supervisor system.

Local labor security administrative departments at all levels may employ labor security legal supervisors in the same level trade union organizations. The labor security legal supervisors employed in trade union organizations shall be trained by the labor security administration departments and trade union organizations at or above the county level. After examination, they will be issued by the labor security administrative departments and trade union organizations at or above the county level. Labor and social security law supervisors should find timely corrective actions or suggestions for them when they find the illegal activities of employers. If the employer refuses to rectify, the labor security law supervisor shall report to the labor and social security supervision institution and the labor union legal supervision organization of the trade union. The labor and social security administrative departments shall promptly investigate and deal with the illegal and illegal acts reflected.

(six) give full play to the role of labor union law supervisors in Enterprises

The legal supervision committee of trade union labor security at all levels above the county level should strengthen the work instruction of the labor union legal supervision committee of enterprises, and urge them to carry out regular supervision activities. The problems found in the work of the trade union shall be submitted to the employer in time for rectification. On major issues, a motion should be submitted through consultation on an equal footing, and a resolution shall be made by the staff congress and the employing unit shall be supervised.

Trade union labor security legal supervisors of enterprise branches, workshops and teams should do a good job of routine supervision, and report the phenomena and behaviors that violate labor safety laws and regulations found in the production process. For major problems, the labor union legal supervision committee of enterprises should report to the higher level trade unions and the local labor and social security administrative departments, and the labor and social security administrative departments should seriously investigate and deal with them.

(seven) increase labor security supervision

We will continue to strengthen the construction of labor and social security supervision organs, enrich personnel and ensure the strength of law enforcement. The labor and social security administrative departments must strictly enforce the law, and must seriously investigate and punish those who violate the legitimate rights and interests of workers.

Before making major administrative penalties, the labor and social security administrative departments shall conscientiously implement the hearing system, fully listen to the opinions of the parties, and seek the views of the trade union organizations and other relevant parties, so as to ensure the impartiality of the administrative penalty decisions.

(eight) promoting the full implementation of labor security laws and regulations.

Labor security administrative departments and trade union organizations at all levels should formulate specific measures and methods in combination with the actual situation, establish and improve the supervision system, constantly explore ways and means to coordinate and coordinate work, and jointly promote the comprehensive implementation of labor safety laws and regulations.

　　 [see the Ministry of labor and social security and the National Federation of trade unions' notice on strengthening the coordination and coordination of labor and social security supervision and labor union legal supervision of Labor Union) (November 13, 2001, No. [2001]18 of Labor Department)]