What is the labor security system and the information disclosed in the labor inspection?

The labor security system in labor inspection refers to the supervision and inspection of the employer's compliance with labor and social security laws and regulations by the labor and social security administrative departments in accordance with the law, and has the right to stop and order corrections for violations of labor and social security laws and regulations, and may give administrative penalties such as warnings and fines in accordance with the law. All organizations and individuals have the right to report and accuse violations of labor and social security laws and regulations; If a party believes that the labor and social security administrative department has infringed upon its lawful rights and interests in carrying out supervision and law enforcement, it may initiate an administrative reconsideration or administrative lawsuit.

The information disclosed refers to the fact that labor and social security inspectors should strictly enforce the "five disclosures" and "ten prohibitions" in law enforcement activities.

Five disclosures" are:

1) Disclose the basis for administrative punishments;

2) Disclose procedures for administrative punishments;

3) Disclose the credentials of law enforcement personnel;

4) Disclose the rights enjoyed by administrative counterparts in accordance with law;

5) Disclose the decision on administrative punishment.

Ten prohibitions" for:

1) They are not allowed to participate in banquets or for-profit entertainment activities that might affect the fair performance of official duties;

2) It is not allowed to engage in non-official activities while enforcing the law, or to enforce the law during non-official activities;

3) It is not allowed to substitute words for the law or to make demands unrelated to law enforcement inspections, and it is strictly forbidden to conduct arbitrarily in law enforcement;

4) It is not allowed to accept gifts, cash gifts and all kinds of valuable goods, and it is strictly forbidden to ask for or purchase items at a low price from the administrative counterpart;

5) It is not allowed to try or borrow the products or other items of the administrative counterpart;

6) It is not allowed to change the type and range of administrative punishments or violate the legally-prescribed punishment procedures without authorization;

7) Where punishment is not allowed to exceed authority, and a crime is constituted, criminal responsibility is to be pursued by the judicial organs;

8) It is not allowed to privately dispose of or withhold fines and confiscated funds or confiscated property;

9) It is not allowed to intercede on behalf of the administrative counterpart or to shield or condone illegal acts;

10) It is not allowed to make things difficult or retaliate against administrative counterparts.

Labor security inspection is an administrative law enforcement activity in which the labor and social security administrative organs supervise and inspect the employer's compliance with labor security laws and regulations in accordance with the law, discover and correct illegal acts, and carry out administrative punishment or administrative punishment for illegal acts in accordance with the law. The implementation of labor search and 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 in the labor market, and promoting the administration of labor and social security departments according to law.

1. What is labor security supervisionLabor security supervision and law enforcement refers to the labor security administrative department's act of supervising, inspecting and dealing with labor security violations and infringements on behalf of the state in accordance with the "Labor Law", "Labor Security Supervision Regulations" and other relevant laws and regulations. It is not only an effective guarantee for safeguarding the legitimate rights and interests of both labor and management and establishing harmonious and stable labor relations, but also a concentrated embodiment of the administrative function of labor security. According to Articles 13 and 14 of the Sichuan Provincial Regulations on Labor and Social Security Inspection, if an employer violates the regulations, the employee may file a complaint with the labor inspection and security supervision department.

In order to safeguard the legitimate rights and interests of workers.

2. What is the content of the labor security inspection, and the following acts of the employer are prohibited:

1. When publicly releasing recruitment information on **, the recruitment brochure is not sent to the labor and social security administrative department for the record;

2. Violating the provisions on holding a certificate to work and using a worker who has not obtained the corresponding professional qualification certificate to engage in the corresponding work;

3. Collecting registration fees, risk funds, security deposits or other disguised fees in the recruitment;

4. Recruiting minors under the age of 16 in violation of regulations;

5. Arranging female employees and juvenile workers to engage in taboo labor;

6. Failure to sign labor contracts and collective contracts in accordance with the law;

7. Withholding or arrears of wages for employees without reason;

8. Failure to pay wages for extended working hours;

9. Wages are paid below the local minimum wage standard;

10. After the termination of the labor contract, the employee is not given economic compensation in accordance with the regulations;

11. Those who do not participate in social insurance or do not fulfill their obligation to pay social insurance premiums;

12. Other behaviors in violation of labor and social security laws and regulations. The following acts of employment intermediary service agencies are prohibited:

1. Provide employment intermediary services for units without legal licenses or personnel without legal identity documents;

2. Employment intermediary services by means of violence, coercion, fraud, etc.;

3. Forging, altering, or transferring employment intermediary service permits, or otherwise allowing others to engage in employment intermediary services in the name of the employment intermediary service agency;

4. Providing false information;

5. Introduce job seekers to engage in occupations prohibited by laws and regulations;

6. Engaging in vocational training and vocational skill appraisal without permission;

7. Apply for vocational qualification certificates for those who have not participated in the vocational skill appraisal or who have failed to pass the appraisal;

8. Illegal charges;

9. Other behaviors in violation of labor and social security laws and regulations.

Legal analysis: The rules of labor and social security inspections 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 shall 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).

Legal basis: "Regulations on Labor Security Inspection" Article 2 These Regulations shall apply to the conduct of labor security inspections by enterprises and individual industrial and commercial households (hereinafter referred to as "employers").

Legal analysis: The detailed rules of the implementing regulations are formulated for the purpose of implementing the "Regulations on Labor Security Inspection" and standardizing labor security supervision behavior. Labor and social security supervision refers to a series of supervision activities carried out by statutory special organs on behalf of the state to inspect, handle, and punish the implementation of labor and social security laws and regulations.

Labor and social security inspections are what were called labor inspections in the past, and labor inspections are also known abroad as labor inspections. As a kind of state intervention responsibility, it is an important coercive means to protect the rights and interests of workers, and is widely used by many countries in the world. Labor law is an independent legal department and an important part of our legal system.

The Labor Law aims to regulate labor relations and protect workers, and promotes the implementation of labor standards through administrative supervision, standardizing the labor legal system, and promoting the implementation of labor standards.

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

Article 1 These Provisions are formulated for the purpose of implementing the "Regulations on Labor Security Inspection" and standardizing labor security inspections.

Article 2 These Provisions apply to the supervision of enterprises and individually-owned businesses (hereinafter referred to as "employers") by the administrative departments for labor security and their subordinate labor security supervision bodies (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.

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.