Regulations on Labor and Social Security Inspection

1) The employer's formulation of internal labor security rules and regulations;

2) The situation where the employer and the employee have signed a labor contract;

3) The employer's compliance with the prohibition of child labor;

4) The employer's compliance with the special labor protection provisions for female employees and juveniles;

5) The employer's compliance with the provisions of working hours, rest and vacation;

6) The employer's payment of wages to workers and the implementation of the minimum wage standard;

7) The employer's participation in various insurances and payment of social insurance premiums;

8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the state on employment introduction, vocational skills training and vocational skills assessment and appraisal;

9) Other labor security supervision matters stipulated by laws and regulations.

Labor security supervision refers to the administrative law enforcement activities in which the labor and social security administrative organs supervise and inspect the employer's compliance with labor security laws and regulations, discover and correct illegal acts, and carry out administrative treatment or administrative punishment of illegal acts in accordance with the law. The implementation of labor security supervision is of great significance to promoting the implementation of labor security laws and regulations, monitoring the order of the labor market, safeguarding the legitimate rights and interests of both parties to labor relations, and promoting the administration of labor and social security departments according to law. The content of labor security inspections is mainly the implementation of labor standards and matters prescribed by the state and social insurance regulations.

It mainly includes: (1) the employer's compliance with the regulations on hiring and recruiting employees. (2) The employer's compliance with the provisions of the relevant labor contract.

3) The employer's compliance with the special labor protection regulations for female employees and juvenile workers. (4) The employer's compliance with the regulations on working hours, rest and vacation. (5) The employer's compliance with the wage payment regulations.

6) Labor rules and regulations formulated by the employer. (7) The employer's protection of the legitimate rights and interests of the expatriate workers. (8) The employer's compliance with the regulations on the employment of foreigners in China and the regulations on the employment of residents of Taiwan, Hong Kong and Macao in the Mainland.

9) Compliance with employment training regulations. (10) Compliance with the regulations on the management of vocational training entities. (11) Compliance with the relevant provisions of employment intermediaries.

12) Comply with the provisions of vocational skill appraisal and enterprise employee training. (13) The employer's compliance with social insurance regulations. (14) Other labor security supervision matters stipulated by laws, regulations, and rules.

The basic attributes of labor security inspection: (1) The rules of statutory labor security inspection are directly prescribed by law. The main body of labor security supervision must carry out supervision and law enforcement activities in strict accordance with the law.

In accordance with the Labor Law of the People's Republic of China, the Interim Regulations on the Collection and Payment of Social Insurance Premiums and other laws and regulations, the units subject to supervision and inspection include enterprises, public institutions, state organs, social organizations, private non-enterprise units, and urban individual industrial and commercial households (note: refers to enterprises with more than 7 employees). (2) Administrative labor security supervision is a specific administrative act in the exercise of administrative power.

Where the supervised entity is dissatisfied with its administrative disposition decision or administrative punishment decision, it may submit an administrative reconsideration or administrative lawsuit in accordance with law. (3) Specialized labor security supervision is the supervision and inspection of the implementation of labor security laws and regulations by statutory special organs. (4) Compulsory labor security inspections are carried out on behalf of **, have the force of the state, and the subject of supervision shall not refuse.

The implementation of labor security supervision is of great significance to promoting the implementation of labor security laws and regulations, monitoring the order of the labor market, safeguarding the legitimate rights and interests of both parties to labor relations, and promoting the administration of labor and social security departments according to law.

Legal Analysis: The "Provisions on the Implementation" has been discussed and adopted by the 9th ministerial meeting of the Ministry of Labor and Social Security, and is hereby promulgated to take effect on February 1, 2005. The full text consists of 48 articles.

Legal basis: According to Article 1 of the "Provisions on the Implementation", these provisions are formulated in order to implement the "Regulations on Labor Security Inspection" and standardize labor security supervision behavior.

Article 2 of the "Provisions on the Implementation" stipulates that these Provisions shall apply to the supervision of enterprises and individual industrial and commercial households (hereinafter referred to as "employers") in their compliance with labor security laws, regulations and rules (hereinafter referred to as labor security laws); Labor security inspections of employment agencies, vocational skills training institutions, and vocational skills assessment and appraisal institutions shall be carried out in accordance with these Provisions; Labor security inspections of state organs, public institutions, and social organizations in the implementation of labor security laws shall be carried out in accordance with these Provisions in accordance with the duties of the labor security administrative departments.

Legal analysis: The labor and social security administrative department shall formulate an annual plan and a medium- and long-term plan for the daily inspection of the employer and its workplace, determine the scope of key inspections, and conduct them in accordance with the provisions of on-site inspections.

The administrative department for labor and social security shall examine the written materials submitted by the employer in accordance with the requirements concerning the compliance with the labor security laws, and promptly correct and investigate the problems found in the review.

The administrative departments for labor and social security may organize special inspection activities on key issues existing in the implementation of labor security laws, and when necessary, may jointly carry out them with relevant departments or organizations.

Legal basis: Several Provisions on the Implementation of the Regulations on the Supervision of Labor and Social Security

Article 3 Labor security inspections shall follow the principles of fairness, openness, efficiency, and convenience for the people.

The implementation of labor security administrative punishments is to persist in taking the facts as the basis and the law as the criterion, persist in combining education and punishment, and accept social supervision.

Article 4 A recusal system shall be implemented for labor security inspections.

Article 5 The administrative bodies for labor security supervision established by the labor security administrative departments at or above the county level and the organizations entrusted by the labor security administrative departments to carry out labor security inspections in accordance with law (hereinafter collectively referred to as labor security supervision bodies) are specifically responsible for the supervision and management of labor security.

Article 6 The administrative department for labor and social security shall formulate an annual plan and a medium- and long-term plan for the routine inspection of the employer and its workplace, determine the scope of key inspections, and conduct them in accordance with the provisions of on-site inspections.

Article 7 The administrative department for labor and social security shall examine the written materials submitted by the employer as required to comply with the labor security laws, and promptly correct and investigate the problems found in the examination.

Article 8: The administrative departments for labor security may organize special inspection activities on key issues existing in the implementation of the labor security laws, and when necessary, may jointly conduct them in conjunction with relevant departments or organizations.