Regulations of Sichuan Province on Labor and Social Security Supervision

Chapter I General provisions

Article 1 These Regulations are formulated in accordance with the Labor Law of the People's Republic of China, the Law of the People's Republic of China on Administrative Penalties and other relevant laws and regulations and in light of the actual conditions of Sichuan Province in order to ensure the implementation of laws and regulations on labor and social security, safeguard the legitimate rights and interests of laborers, strengthen and standardize labor and social security supervision activities.

Article 2 These Regulations shall apply to the supervision of labor and social security in the administrative areas of Sichuan Province.

Article 3 Labor and social security administrative departments at or above the county level shall be in charge of labor and social security supervision.

Departments of public security, finance, industry and commerce, prices and other organizations, such as trade unions, women's federations and disabled persons' federations, shall, within the scope of their respective duties, cooperate in the supervision of labor and social security.

Article 4 The supervision of labor and social security shall follow the principles of legality, openness and fairness, the principle of combining full-time supervision with mass supervision, and the principle of combining education with punishment.

Labor and social security supervision may, in light of the actual situation, adopt such methods as daily inspection, special inspection, special inspection for reporting and annual inspection.

Article 5 Any organization or individual shall have the right to report and complain to the labor and social security administrative department about any violation of labor and social security laws and regulations.

Article 6 Labor and social security supervision The system of labor security inspectors shall be implemented.

Chapter II Jurisdiction and supervision duties

Article 7 The scope of supervision of labor and social security shall be determined according to the principle of combining hierarchical management with territorial management. The provincial labor and social security administrative department is responsible for the implementation of labor and social security supervision over the provincial organs and the central employers in Sichuan, provincial employers and employers registered in departments above the provincial level.

The supervisory jurisdiction of the municipal, prefecture or county (city or district) labor and social security administrative departments shall be determined by the municipal or prefecture people's governments.

Article 8 The labor and social security administrative departments at higher levels may investigate and handle major and difficult cases within the jurisdiction of the labor and social security administrative departments at lower levels, and may also designate the objects of supervision within the jurisdiction of the labor and social security administrative departments at lower levels.

Where a dispute arises over the jurisdiction of the labor and social security administrative department, it shall be reported to the joint labor and social security administrative department at the next higher level for designated jurisdiction.

Article 9 The administrative departments of labor and social security shall perform the following supervisory duties:

(1) To publicize and implement labor and social security laws and regulations;

(2) accept reports or complaints about violations of labor and social security laws and regulations;

(3) To supervise and inspect the compliance of employing units and employment intermediary service agencies with labor and social security laws and regulations;

(4) To investigate and correct violations of labor and social security laws and regulations according to law;

(5) Other supervisory duties prescribed by labor and social security laws and regulations.

The labor and social security administrative department may entrust a labor and social security supervisory institution established with the approval of the people's government at the same level to exercise the power of labor and social security supervision.

Article 10 When performing their duties, the labor security inspectors shall exercise the following functions and powers:

(1) To understand the implementation of labor and social security laws and regulations;

(2) to consult, record, photograph and copy the relevant information of the unit under inspection, and to question the relevant personnel;

(3) Issuing supervision documents in accordance with relevant provisions.

When performing their duties, the Labour security inspectors shall be faithful to their duties, enforce the law impartially and keep the relevant secrets.

Article 11 When the labor and social security administrative department carries out labor and social security supervision according to law, the relevant units and personnel shall provide assistance, truthfully report the situation, shall not provide false information or issue perjury, shall not lie or conceal the relevant information, shall not hide or destroy the relevant evidence, and shall not refuse or obstruct the inspection.

Chapter III Supervision content

Article 12 The administrative departments of labor and social security shall supervise the following situations of employing units and employment intermediary service agencies:

(1) The establishment of an internal management system for labor and social security;

(2) recruitment of staff and workers;

(3) the conclusion and performance of labor contracts and collective contracts;

(4) Compliance with the regulations on working hours, rest and vacation;

(5) Compliance with wage payment and minimum wage protection provisions;

(6) Compliance with social insurance provisions;

(7) Compliance with the provisions on the protection of special labor rights and interests of female employees, underage workers and disabled employees;

(8) Compliance with the provisions on vocational training, job introduction and vocational skill appraisal;

(9) Other circumstances of compliance with labor and social security laws and regulations.

Article 13 The following acts of the employing unit are prohibited:

(1) failing to submit the recruitment regulations to the labor and social security administrative departments for the record when publicly releasing recruitment information on the media;

(2) using workers who have not obtained the corresponding professional qualification certificate to engage in the corresponding work in violation of the provisions on holding a certificate to take up a post;

(3) collecting application fees, risk funds, deposits or other nominal fees in disguised form during recruitment;

(4) recruiting minors under the age of 16 in violation of regulations;

(5) arranging female workers and underage workers to engage in taboo labor;

(6) failing to sign labor contracts and collective contracts according to law;

(7) withholding or delaying wages of employees without cause;

(8) failing to pay wages for extended working hours;

(9) wages paid below the local minimum wage standards;

(10) failing to provide economic compensation to employees after the termination of the labor contract;

(11) Not participating in social insurance or not fulfilling the obligation to pay social insurance premiums;

(12) Other acts in violation of labor and social security laws and regulations.

Article 14 The following acts of employment intermediary service agencies are prohibited:

(1) To provide employment intermediary services for units without legal licenses or persons without legal identity documents;

(2) using violence, coercion, fraud and other means to provide employment intermediary services;

(3) forging, altering or transferring an employment intermediary service license or allowing others to engage in employment intermediary services in the name of this employment intermediary service agency by other means;

(4) Providing false information;

(5) introducing job seekers to engage in occupations prohibited by laws and regulations;

(6) engaging in vocational training or vocational skill appraisal without permission;

(7) Apply for professional qualification certificates for persons who have not participated in the vocational skill appraisal or have failed to pass the appraisal;

(8) illegal collection of fees;

(9) Other acts in violation of labor and social security laws and regulations.

Chapter IV Supervision procedures

Article 15 The administrative department of labor and social security shall register and investigate the complaints and reports of the masses and the problems found in supervision in a timely manner, and deal with them according to the following provisions according to different circumstances:

(1) If there is a violation of labor and social security laws and regulations, which requires administrative handling or administrative punishment, the case shall be filed within 5 working days from the date of registration;

(2) If it does not fall within the scope of functions and powers of the administrative department of labor and social security, inform the parties concerned to report it to the relevant authorities;

(3) If it is a labor dispute, inform the parties concerned that they may apply for mediation, arbitration or bring a lawsuit according to law;

(4) Where an illegal act is suspected to constitute a crime, it shall be transferred to a judicial organ for handling.

Article 16 The administrative departments of labor and social security shall abide by the following provisions when conducting supervision:

(a) there should be two or more labor security inspectors, and show administrative law enforcement documents;

(2) to inform the purpose, content and requirements of the inspection;

(3) There should be a written record of the on-site inspection, and the written record should be signed or sealed by the labor security inspector and the legal representative of the employer or employment intermediary service agency or the relevant person in charge. If the legal representative or the relevant person in charge refuses to sign or seal, the visa refusal should be indicated.

Article 17 The administrative department of labor and social security shall investigate and deal with acts violating labor and social security laws and regulations in accordance with the following procedures:

(1) file a case;

(2) investigation and collection of evidence;

(3) Put forward opinions on administrative handling or administrative punishment according to the verified illegal facts and relevant laws and regulations;

(4) Inform the parties of the facts that have been verified and the decision on administrative punishment to be made, the reasons and the basis, and inform the parties of their right to make statements and defend within a certain period of time;

(5) To hear the statements and arguments of the parties, and to review the facts and evidence newly presented by the parties;

(6) Make administrative treatment or administrative punishment decisions according to law, and make administrative treatment decisions or administrative punishment decisions;

(7) The written decision on administrative handling or administrative penalty shall be delivered to the parties on the spot after the announcement, and if the parties are not present, they shall be served on the parties within 7 working days in accordance with the relevant provisions of the Civil Procedure Law.

Article 18 The administrative department of labor and social security shall inform the parties concerned of their right to request a hearing before making a decision on major administrative penalties such as ordering them to suspend business, revoking a license or imposing a large amount of fines within the scope of its functions and powers; If a party requests a hearing, the labor and social security administrative department shall organize a hearing according to law. The major administrative penalty made by the labor and social security administrative department shall be submitted to the labor and social security administrative department at the next higher level and the people's government at the same level for the record within 10 working days from the date of making the penalty decision.

Article 19 The administrative department of labor and social security shall close the case within 30 working days from the date of filing the case in case of violation of labor and social security laws and regulations; If the situation is complicated or the transportation is inconvenient, it can be extended to 60 working days with the approval of the head of the administrative department of labor and social security.

Article 20 The rights and interests holder may apply to the labor and social security administrative department for tracing, or may, in accordance with relevant provisions, directly apply to the people's court for property preservation measures or bring a lawsuit to recover such expenses as labor remuneration, registration fee, risk money, security deposit, etc.

Chapter V Legal liability

Article 21 Where an employment intermediary service agency commits one of the acts listed in Item (1) to (7) of Article 14 of these Regulations, the labor and social security administrative department at or above the county level shall order it to make corrections, confiscate the illegal gains, and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan on the unit, and impose a fine of not less than 500 yuan but not more than 5,000 yuan on the person in charge of the unit and the person directly responsible. Where any of the acts listed in items (1) to (5) of Article 14 of these Regulations is involved, the examining and approving authority may also revoke its license for running a school, introducing a job or accrediting a job skill according to law.

Any act listed in item (8) of Article 14 of these Regulations shall be punished accordingly by the price administrative department.

Article 22 Where an employing unit or an employment intermediary service agency violates the provisions of Article 11 and Article 13 (6) of these Regulations, the labor and social security administrative department at or above the county level shall order it to make corrections, and may impose a fine of not less than 3,000 yuan but not more than 30,000 yuan on the unit, and impose a fine of not less than 500 yuan but not more than 5,000 yuan on the person in charge of the unit and the person directly responsible.

Those who refuse or obstruct the labor and social security administrative departments and their labor security supervisors from performing their duties according to law shall be dealt with by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; Where a crime is suspected, it shall be transferred to a judicial organ for handling.

Article 23 Where an employing unit or an employment intermediary service agency violates other labor and social security laws and regulations, it shall be dealt with in accordance with the provisions of relevant laws and regulations.

Article 24 Any employee of the administrative department of labor and social security who fails to perform his duties seriously, neglects his duties, abuses his power, engages in malpractices for personal gain, or asks for bribes in the course of supervision shall be given administrative sanctions by the competent organ; Where a crime is suspected, it shall be transferred to a judicial organ for handling.

Article 25 The income from confiscation of penalties imposed in accordance with these Regulations shall be dealt with in accordance with the relevant provisions.

Article 26 If a party is not satisfied with the decision on administrative handling or administrative penalty, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. If a person fails to apply for administrative reconsideration within the time limit, nor files an administrative lawsuit, nor implements the decision on administrative punishment or the decision on administrative handling with economic objectives, the administrative organ that made the decision shall apply to a people's court for compulsory execution.

Chapter VI Supplementary Provisions

Article 27 The term "employing units" as mentioned in these Regulations refers to state organs, enterprises and institutions, social organizations, private non-enterprise units and individual economic organizations; The term "employment intermediary service agencies" refers to job introduction agencies, vocational training institutions and vocational skill appraisal institutions.

Article 28 These Regulations shall come into force as of March 1, 2002.