Provisions On Supervision And Inspection Of Labor Safety And Hygiene
(1)
labor supervision
1. the labor administrative departments of the people's governments at or above the county level shall supervise and inspect the employing units' compliance with labor laws and regulations in accordance with the law, and have the right to stop violations of labor laws and regulations and order them to make corrections.
2. the supervision and inspection personnel of the labor administrative departments of the people's governments at or above the county level shall have the right to enter the employing units to understand the implementation of labor laws and regulations and perform their duties.
Labor field
Checked.
The supervision and inspection personnel of the labor administrative departments of the people's governments at or above the county level must produce their certificates, enforce the law impartially and abide by the relevant regulations when carrying out their duties.
(two) departments concerned
supervise
The relevant departments of people's governments at or above the county level shall supervise the employing units' compliance with labor laws and regulations within their respective responsibilities.
(three) supervision of trade unions
Trade unions at all levels shall safeguard the legitimate rights and interests of labourers in accordance with the law, and supervise the employing units' compliance with labor laws and regulations.
Any organization or individual has the right to report and sue for violations of labor laws and regulations.
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Labourers are natural persons who have the ability to work in the legal age of labor and obtain legal labor remuneration by engaging in labor.
If a natural person wants to become a laborer, he must have the main qualification, that is, he must have the capacity for labor rights and the ability to work.
The so-called labor rights ability refers to the qualification or ability of natural persons to enjoy labor rights and labor obligations according to law. The so-called labor capacity refers to the ability of natural persons to exercise their labor rights and fulfill their labor obligations according to their own actions.
According to the labor law of China, anyone who is over 16 years old and has the ability to work in the statutory working age is a person with the right to work and the ability to work, including our citizens, foreign citizens and stateless persons.
That is, the statutory working age of workers is the minimum age of employment for 16 years of age, the age of retirement is 60 years for men, 50 years for female workers, and 55 years for female cadres.
In order to protect the legitimate rights and interests of minors, China's labor law prohibits the use of child labor. Except for other provisions of the law, no unit shall have legal relations with a child under the age of 16.
For those occupations or jobs that may jeopardize the health, safety or morality of minors, the minimum age of employment should not be less than 18 years of age. Employers should not employ minors under the age of 16 who are under 18 years of age to engage in heavy, toxic or harmful labor or dangerous work.
Where the child labor is employed by the employing unit, the labor and social security administrative department shall be punished according to the standard of a fine of 5000 yuan per child per month. If the child worker is sick or injured, the employer shall be responsible for sending it to the medical institution for treatment, and shall bear all the medical and living expenses during the treatment period.
Child labourers should be abducted, forced child labor, and child laborers should be employed in high altitude, underground, radioactive, highly toxic, flammable, explosive and fourth level physical labor intensity stipulated by the state. Children who are under 14 years of age or who cause death or serious disability of child labor shall be investigated for criminal responsibility in accordance with the provisions of the criminal law concerning the crime of abducting or selling children, forced labor or other crimes.
According to the provisions of the labor law, laborers' labor rights mainly include: (1) the right to equal employment and the choice of occupation; (2) the right to obtain remuneration for labor; (3) the right to rest and leave; (4) the right to obtain labor safety and health protection; (5) the right to receive vocational skills training; (6) the right to enjoy social insurance and welfare; (7) the right to participate in the democratic management of trade unions and workers in accordance with the law; (8) the right to handle labor disputes; (9) other labor rights stipulated by law.
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