Ministry Of Personnel And Social Affairs: The Seven Types Of Labor Security Violations Should Be Released To The Public.
At present, the administrative departments of human resources and social security are gradually improving the relevant system regulations, carrying out information sharing, mutual recognition and joint punishment according to the regulations, and increasing the illegal cost of employing units.
The "social disclosure of major labor and social security violations" has been implemented since January 1, 2017.
Human resources and social security department labor supervision bureau responsible person said 12, seven types of major labor protection
Illegal activities
It should be announced to the public.
These seven types of illegal activities include: (1) deducting or undue arrears of labor remuneration, with a relatively large amount; refusing to pay labor remuneration and pferring them to judicial organs according to law.
criminal responsibility
(two) failing to participate in social insurance in accordance with the law or failing to pay social insurance premiums according to law; the circumstances are serious; (three) violation of working hours and rest and vacation regulations; serious circumstances; (four) violation of the provisions on special labor protection for female workers and underage workers, serious circumstances; (five) violation of the provisions prohibiting the use of child labor; (six) serious social impact caused by illegal labor protection; and (seven) other major labor and social security offenses.
For the employing units announced by the society, first, it is necessary to record the major labor and social security illegal activities and their social disclosure status into the employers' labor security law-abiding integrity files, and to integrate them into the human resources and social security society.
Credit system
The two is to implement information sharing and joint disciplinary action with other departments and social organizations in accordance with the law.
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Xiao Wang entered a technical company in 5 months in 2010, and the two sides signed a labor contract for 2 years. They agreed that Xiao Wang's position is head of the sales department and the monthly salary is 12000 yuan.
A year later, the technology company sent a notice of adjustment to Xiao Wang, which indicated that because of the adjustment of staff in the company, Xiao Wang's position was adjusted to Assistant Sales Department Director, and the monthly salary was adjusted to 10000 yuan.
Xiao Wang refused the unilateral adjustment made by the company, initiated arbitration and litigation, and advocated that the company should continue to perform the labor contract in accordance with the contract in the original labor contract.
In the end, the court found that the technology company's action to reduce wages was invalid, and the technology company continued to fulfill the original labor contract signed by both parties.
Comment: the technology company did not consult with Xiao Wang to adjust the position of Xiao Wang without authorization, and at the same time reduced the wage standard, which was part of the unilateral change of the labor contract. The behavior of adjusting the post and reducing salary was obviously not in conformity with the law, and it was illegal adjustment of Posts and salary reduction.
As a laborer, Xiao Wang has the right to reject the technology company's salary adjustment, and has the right to advocate that the two sides continue to perform according to the original labor contract.
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