Regulations On Labor And Social Security Supervision In Hainan

Article 1 in order to standardize and strengthen labor security supervision and protect the legitimate rights and interests of workers, the provisions are formulated in accordance with the relevant laws and administrative regulations of the People's Republic of China, including the labor law of the People's Republic of China, the labor contract law of the people's Republic of China and the regulations on labor and social security supervision.

The second provision applies to the enterprises, individual economic organizations, private non enterprise units and other organizations (hereinafter referred to as employing units) in the administrative region of this province.

Occupation

Implementation of labor security laws and regulations for state organs, public institutions and social organizations

The third labor and social security administrative departments of people's governments at or above the county level are responsible for labor security supervision in their respective administrative areas.

Public security, industry and commerce, construction, pportation, water affairs, safety production supervision and management, sanitation, etc.

Trade unions at all levels shall supervise the employing units' compliance with labor safety laws, regulations and rules in accordance with the law.

The labor and social security administrative departments should pay attention to the opinions and suggestions of the trade union organizations in the work of labor security supervision.

The fourth labor security administrative departments may entrust the labor security supervision organization established by them to be responsible for the implementation of labor security supervision.

The labor and social security administrative departments of cities, counties and autonomous counties may, according to the needs of labor security supervision, provide labor security supervision and coordination personnel in rural areas (towns), streets, and communities.

Labor and social security supervision assistants can assist in handling matters related to labor and social security supervision, but shall not enforce administrative law enforcement.

Fifth People's governments at or above the county level shall include the requirements for labor security supervision in the budgets at the corresponding level.

In the annual budget, special funds for labor and social security supervision will be arranged for special inspection of labor security supervision, handling equipment, grid and network construction.

The sixth labor security administrative departments shall supervise and inspect the following labor contract system and social insurance system according to law.

(1) the employing units shall formulate rules and regulations directly related to the immediate interests of laborers and their implementation;

(two) the employer and the laborer conclude and terminate the labor contract;

(three) the labor dispatching units and the employing units comply with the relevant provisions of the labor dispatch;

(four) employers shall abide by the state regulations on working hours and rest and vacations of labourers.

(five) the employer pays the labor remuneration stipulated in the labor contract and the implementation of the minimum wage standard.

(six) employers' participation in various social insurance and payment of social insurance premiums;

(seven) social insurance service institutions designated by social insurance designated medical institutions and drug distributors shall abide by the state and province regulations on social insurance medical services.

(eight) collective bargaining labor remuneration, labor conditions and other matters as well as the establishment and operation of collective contract system;

(nine) other implementation of the labor contract system and social insurance system stipulated by laws and regulations.

The seventh labor and social security administrative departments shall supervise and inspect the following items of employment and wages according to law.

(1) compliance with the provisions prohibiting the use of child labour by employers;

(two) the employer shall abide by the regulations on the special labor protection of female workers and underage workers.

(three) employers should abide by the regulations on fair employment for women, ethnic minorities, disabled persons and carriers of infectious diseases.

(four) the employer shall abide by the state regulations concerning the employment of persons in Hong Kong, Macao and Taiwan in the mainland and the employment of foreigners in China.

(five) the implementation of employment assistance by employers;

(six) the employer's compliance with the requirements for vocational training and employment of technical jobs;

(seven) employing employers to recruit personnel for registration and employment registration;

(eight) employing employers to recruit laborers, establishing employee lists and payment schedules for workers and staff members;

(nine) the employer's compliance with and implementation of the wage margin requirements;

(ten) when employing a laborer, the employing unit shall require laborers to provide guaranty, or to collect goods and property from laborers in other names in the form of margin deposit, deposit and other means.

(eleven) other employment and wage payment matters stipulated by laws and regulations.

The eighth labor and social security administrative departments shall investigate and deal with the following illegal activities of the intermediary agencies:

(1) carrying out professional intermediary activities by providing fraudulent means such as false employment information;

(two) carrying out professional intermediary service activities for the employer without lawful license;

(three) forgery, alteration, pfer, lease or loan of employment permit;

(four) other acts violating the relevant laws, regulations or rules of the Occupational intermediary.

The ninth labor and social security administrative departments shall investigate and punish the following illegal activities of vocational skills training institutions:

(1) issuing false training information;

(two) beyond the scope of professional skills training permission;

(three) illegal issuance of training certificates, completion certificates and professional qualification certificates;

(four) falsified documentary evidence or other fraudulent means should be used to defraud vocational training permits.

(five) leasing or lending vocational training permits;

(six) malicious termination of training, fraudulent or misappropriation of vocational training funds;

(seven) other violations of the laws, regulations or rules governing vocational skills training.

The tenth labor and social security administrative departments shall investigate and punish the following illegal activities of the vocational skill appraisal institutions:

(1) to go beyond the scope of professional skills appraisal and appraisal permission to engage in the examination and appraisal of vocational skills;

(two) violating the examination and appraisal procedures for vocational skills or reducing the appraisal standard of vocational skills;

(three) illegal issuance of professional qualification certificates;

(four) other acts that violate the relevant laws and regulations or rules and regulations for the examination and appraisal of professional skills.

The eleventh labor and social security administrative departments shall investigate and punish the following violations of the labor union laws and regulations of the employing units:

(1) obstructing employees' participation in and organization of trade unions in accordance with the law or obstructing higher level trade unions to help and instruct their staff to establish trade unions;

(two) retaliate against trade union staff who perform their duties according to law without justifiable reasons for relocating their posts.

(three) rescission of labor contracts for trade union workers and members of trade union members who perform their duties according to law and representatives of collective bargaining;

(four) other acts that violate the provisions of the trade union laws and regulations.

The twelfth labor security administrative departments find the following illegal activities in labor security supervision work. They should inform the administrative departments of public security, health, safety production supervision, special equipment safety supervision and management, etc.

(1) the employing units shall force laborers to work by means of violence, threats and illegal restrictions on personal freedom, or humiliating, corporal punishment, beating and detaining workers.

(two) the employer violates the relevant regulations and standards of safety production, labor protection and occupational health.

The thirteenth labor security supervision of the employing units shall be under the jurisdiction of the labor and social security administrative departments of the cities, counties and autonomous counties where the employing units are located.

However, the units directly under the province directly under the Provincial Administration for Industry and commerce, other enterprises registered in the Provincial Administration for Industry and Commerce and other provinces (municipalities and autonomous regions) are directly employed in Qiong institutions and other employing units. Where their employment is located in Haikou, the labor and social security administration of the provincial people's Government shall implement labor security supervision.

The labor and social security administrative department of the provincial people's Government may, according to the needs of work, investigate and deal with the cases under the jurisdiction of the lower level labor and social security administrative departments, or assign the lower level labor and social security administrative departments to investigate and deal with the cases under their jurisdiction.

The labor security administrative departments of cities, counties, and autonomous counties have disputes over the jurisdiction over labor and social security supervision cases, and apply to the labor and social security administrative departments of the provincial people's government for designation of jurisdiction.

The fourteenth labor security supervision is carried out by routine inspections, regular written reviews, special inspections, reports, complaints and other forms prescribed by laws and regulations.

The labor and social security administrative departments may organize special inspections on outstanding issues according to the conditions of labor security laws, regulations and rules, and jointly inspect the departments concerned, such as public security, industry and commerce, construction, pportation, health, safety production supervision and management, if necessary.

Fifteenth

Article 1. When a labor security administration implements a written review, it shall make a notice in advance.

After self checking, the employer shall faithfully fill in the relevant materials and accept the verification by the administrative department of labor and social security.

The labor and social security administrative departments should carry out written examination through the Internet step by step.

Sixteenth article

When the labor and social security administrative department carries out labor security supervision, the evidence may be pferred, concealed, forged, altered, lost or difficult to obtain afterwards. After approval by the principal person in charge of the administrative organ, it may be registered, preserved or sealed up, and the parties or persons concerned may not destroy or pfer the evidence of registration, preservation or sealing up.

After the evidence is registered, preserved or sealed up, the labor and social security administrative department shall make a decision in accordance with the law within 7 days. After the expiration of the period, the evidence registration, preservation or sealing up measures shall be lifted.

The seventeenth labor and social security administrative departments shall, within 5 working days after receiving the reports and complaints, make a decision on whether to accept them or not, and reply to the informants and complainants.

The administrative departments for labor and social security shall accept the reports and complaints that meet the following requirements:

(1) there are clear reports and complaints of employers.

(two) there are specific violations of labor security laws, regulations or rules;

(three) matters concerning labor and social security supervision;

(four) it belongs to the labor and social security administrative department that receives reports and complaints.

The labor and social security administrative departments shall inform the reporting and complainants of the reports and complaints that belong to the labor dispute disputes, and may apply for mediation, arbitration or litigation in accordance with the law.

Eighteenth labor and social security administrative departments investigate the cases of labor and social security illegal cases during one of the following situations.

(1) the application of laws and regulations requires the interpretation or confirmation of the relevant authorities.

(two) the determination of the main facts requires the relevant departments to provide the basis for handling the results, while the relevant departments do not provide them.

(three) force majeure can not investigate and collect evidence;

(four) the complainant can not provide valid and valid evidence, and the person being investigated can not obtain relevant evidence in absconding.

(five) other circumstances that should be suspended in accordance with the law.

After the cancellation of the investigation, the investigation shall be resumed and the time limit for investigation shall be calculated continuously from the date of recovery.

If the investigation is stopped or the investigation case is resumed, the parties concerned shall be informed.

In case investigation is needed, the period of appraisal is not included in the time limit for handling the case.

The nineteenth complainant is responsible for providing evidence for his proposal.

With regard to complaints, the employer's unit should be provided with the employee list, wages and salaries payment schedule, attendance record and staff work time record.

Where the employer refuses to provide or fails to provide evidence within the time limit, the labor and social security administrative department shall determine the facts according to the legal and effective evidential materials provided by the complainant and handle them according to law.

Twentieth, the province carries out the wage margin system for enterprises undertaking construction, pportation, water conservancy and hydropower projects.

The project legal person and the construction enterprise shall store wage margin in a certain proportion in the bank account designated by the labor security administration department.

If a deposit is not stored in accordance with the provisions, the relevant departments shall not issue the construction permit or approve the report on the work.

If the employer has committed arrears or deducts the wages of the laborers, it has been ordered to pay within a prescribed time limit. If the payment is not paid, the labor and social security administrative department shall use the wage guarantee money to pay, and the relevant departments shall limit their market access, bidding qualification and the construction of the new construction project according to law.

The specific measures shall be formulated by the provincial people's government.

The provincial people's Government may, according to the relevant laws and regulations and the needs of economic and social development, implement wage margin system for other industries.

If the twenty-first construction units fail to pay or settle the project in accordance with the contract, causing the construction unit to default on the wages of the laborers, the labor and social security administrative department may order the construction units to advance the wages of the workers first, and the amount paid in advance shall be limited to the unliquidated works.

Where the unit illegally breaks the contract, subcontracts or subcontracts it to other units or individuals, the labor and social security administrative department shall order the contractor to pay immediately if the contractor or the individual fails to pay the wages of the laborers without any reason.

If the contractor escapes or is unable to pay, the labor and social security administrative department may order the illegal contracting, subcontracting or subcontracting units to pay first.

The twenty-second labor and social security administrative departments should listen to the parties' statements and defenses before making administrative penalties or administrative decisions for violating labor security laws, regulations and rules. When making administrative decisions and administrative decisions, they shall inform the parties concerned of the right to administrative reconsideration or to initiate administrative proceedings in accordance with the law.

The administrative decision of the parties to the labor and social security administrative department and the administrative decision on payment of wages, economic compensation and compensation for the workers shall not be applied for administrative reconsideration within the statutory time limit, nor administrative proceedings or performance decisions. The labor and social security administrative department may apply for enforcement by the people's court.

Labor and social security administrative departments, trade unions and legal service institutions may support and assist workers who have been defaulted or have been deducted from wages according to law to apply for payment orders to the people's court.

Twenty-third people's governments at or above the county level and their relevant departments should establish and improve the early warning mechanism for labor security.

The labor and social security departments should immediately investigate and deal with Group Emergencies concerning labor and social security, and report promptly to the people's government at the same level and the labor and social security administrative department at the next higher level according to the emergency response plan.

The people's governments at or above the county level shall arrange the necessary funds for the emergency protection of sudden mass incidents in labor protection.

Twenty-fourth departments of labor and social security administration, industry and commerce, civil affairs, and institution establishment management should establish a mechanism of law enforcement coordination and information sharing, and timely communicate and inform the employers of the violation of labor safety laws, regulations or regulations, and the establishment and termination of the employing units.

The twenty-fifth labor and social security administrative departments should set up the integrity archives of labor security and law-abiding units of employers, and record the supervision of employers' compliance with labor safety laws, regulations or regulations. If the employer repeatedly or seriously violates labor security laws, laws, regulations or regulations, the labor and social security administrative departments shall publish them to the public in accordance with the law according to the main media and government websites of the province.

Article twenty-sixth where the employer fails to handle the procedures for registration, the labor and social security administrative department shall order correction, and shall be liable to a fine of not more than 1000 yuan.

If the employer fails to establish a list of employees and pay the detailed list of wages, the labor and social security administrative department shall order it to make corrections within a prescribed time limit. If it fails to make corrections within the time limit, it shall be fined not less than 2000 yuan or less than 20 thousand yuan, and if the circumstances are serious, it shall be fined not less than 20 thousand yuan but not more than 50 thousand yuan.

The twenty-seventh is in violation of the twentieth provisions of this regulation, and the employer fails to pay wages deposit according to the regulations. The labor and social security administrative department shall order it to make corrections within a prescribed time limit. If it fails to make corrections within the time limit, it shall be fined not more than 2000 yuan but not more than 20 thousand yuan. If the circumstances are serious, a fine of more than 20 thousand yuan or 50 thousand yuan may be imposed and ordered to suspend business for rectification.

If the administrative departments in charge of construction, pportation and water supply violate the provisions of this regulation and issue the construction licenses to the enterprises that do not deposit the wage margin, or the approval of the commencement report, the competent authorities or supervisory organs shall be subject to administrative sanction in accordance with the law.

Article twenty-eighth where the employing unit is to hire a laborer, or when he or she terminates and terminates the labor contract with the worker, the labor and social security administrative department shall order the worker to return it to the worker within a specified time, and pfer the public security organ to give punishment according to law.

If the employing unit, when recruiting laborers, or after he or she terminates and terminates the labor contract with the laborer, he or she shall seize the certificate of graduation certificate, degree certificate, and vocational qualification certificate of the laborer. The labor and social security administrative department shall order the worker to return it within a specified period of time. If the certificate is not refunded within a prescribed time limit, the penalty shall be paid at 200 yuan per card.

Those who cause damage to workers shall be liable for compensation.

Twenty-ninth Occupational intermediary organizations, vocational skills training institutions, and vocational skills appraisal institutions have one of the eighth, ninth and tenth stipulations of the present Provisions. The labor and social security administrative department shall order them to make corrections within a prescribed time limit, and shall be liable to a penalty of less than 10 thousand yuan or less than 50 thousand yuan; if the illegal gains are obtained, the illegal gains shall be confiscated; if the circumstances are serious, the Occupational intermediary licenses, vocational skills training licenses and vocational skills examination and appraisal licenses shall be revoked.

If a professional intermediary agency receives a deposit from the worker or fails to return the intermediary service fee collected to the worker after the intermediary service fails, the labor and social security administrative department shall order the worker to return it to the worker within a prescribed time limit and impose a penalty on the standard of less than 500 yuan and 2000 yuan per person.

The thirtieth government and its departments, as construction units, are in arrears with the work of the project, resulting in arrears of wages for the workers. The higher level administrative organs or supervisory organs shall, in accordance with the relevant provisions, investigate the corresponding responsibilities of the principal responsible persons, the directly responsible persons in charge and other persons directly responsible.

Article thirty-first in violation of these sixteenth provisions, destroy or pfer evidence that is first registered, kept or sealed, the labor and social security administrative department shall order it to make corrections within a specified time and impose a fine of not less than 2000 yuan or less than 20 thousand yuan.

The thirty-second labor security administrative departments, labor and social security supervision organs and their staff members have one of the following acts. The competent labor security administrative department or supervisory organ directly responsible for the department or institution and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

(1) failing to accept complaints in accordance with the law or failing to deal with complaints promptly, resulting in serious consequences;

(two) obstructing the normal production and operation of the inspected unit and the order of work;

(three) divulging the case, the commercial secrets of the inspected unit or the relevant information of the informant;

(four) obtaining or accepting property of the employing unit or seeking other illegitimate interests;

(five) the investigation and handling of labor security supervision cases are not conducted according to the prescribed procedures, resulting in serious consequences.

(six) other acts of favoritism, abuse of power and dereliction of duty.

The labor and social security administrative departments, labor and social security supervision organs and their staff members who violate their functions and powers and infringe upon the legitimate rights and interests of the employing units or workers shall be liable for compensation in accordance with the law.

Thirty-third governments at all levels and their relevant departments and staff members illegally interfere or obstruct labor security supervision work. The competent authorities or supervisory organs shall inform and criticize the relevant departments and give administrative sanctions to the relevant personnel.

Article thirty-fourth where a violation of these Provisions is not stipulated in the present Provisions and penalties are provided for by other laws and regulations, the provisions thereof shall be stipulated.

The thirty-fifth issue of the specific application of the provisions is explained by the provincial people's government.

The thirty-sixth Provisions come into effect on July 1, 2011.