Labor and Social Security Supervision Administrative Punishment Decision

Labor Supervisor Penalty [ ] No.

Punished unit:

After filing a case for investigation, (illegal facts and evidence).

Your organization's actions are violated.

According to (penalty basis).

This organ makes the following penalty decisions: (the type of punishment, as well as the method of performance and the time limit).

If you (the unit) are not satisfied with this penalty decision, you may report to the company within 60 days from the date of receipt of this penalty decision.

The court initiates an administrative lawsuit. If you do not apply for administrative reconsideration or file an administrative lawsuit within the time limit, and do not perform this penalty decision, our unit will apply to the people's court for compulsory enforcement in accordance with the law.

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Uniformly printed by the Henan Provincial Department of Labor and Social Security.

Requirements for the use of the "Administrative Penalty Decision" of labor and social security supervision.

1. Applicable to the simple procedure (on the spot) "Administrative Penalty Decision";

1) Fill in the formula;

2) The illegal acts, violations, punishment basis and punishment measures of the parties should be clearly written, and the reconsideration and litigation should be notified.

Right; 3) In duplicate, one copy shall be delivered to the parties, and the other copy shall be signed by the parties, and the administrative organ shall file it. The simplified procedure is rarely used in labour and social security inspections.

2 Applies to general procedures;

1) It should be printed by hand, and should not be filled in manually;

2) The "Decision Letter" shall be made in accordance with the provisions of Article 39 of the Administrative Punishment Law with reference to the style printed by the Department;

3) It must be stamped with the seal of the labor and social security administrative organ;

4) It shall be served on the parties within 7 days, and the "Certificate of Service" must be filled in when serving.

On the issue of the decision on the administrative punishment of the labor security supervision.

01 I have an Internet café, and I don't hire other people, but my wife and I run it ourselves (because the Internet café in the township is very small) A few days ago, the Labor Bureau gave me a "Labor Security Annual Review Notice" and mailed me through EMS. But a few days later, I was given a "Labor Security Supervision Administrative Punishment Prior Notice", this ems was sent to me at home, so I took it to the labor bureau to state, explained the reason for not coming in time, they told me to leave a** to call me when the time comes**, but ** did not hit and issued a penalty decision, do they do this in accordance with legal procedures? The decision letter reads, ". . .

Refusal to participate in the annual inspection of labour and social security...

My question is:

First, I didn't need to hire someone else to sign an employment contract with myself, did I?

Second, is it considered that the inspection is completed only by mailing it to the recipient through EMS?

Third, is such an enforcement process reasonable? What am I going to do?

Question adds: What you called "the Bureau's punishment procedure is illegal." First of all, I didn't make a transcript of my questioning: "When should this transcript be made?"

When they gave me a penalty notice, I made a record when I went to defend myself, did this record work? Also, can the notice of inquiry, the prior notice of punishment, and the decision letter be served through EMS? If it's convenient, leave QQ, help, and get extra points if you answer well.

The administrative punishment process for labor security supervision is as follows: 1. Registration and filing: If it is found that the employer has violated the labor law, transportation laws and regulations, and the liquid flush is confirmed by the labor inspection agency to have violated the law, it shall be registered and filed.

2. Investigation and evidence collection. 3. Processing. Fourth, service:

Within 7 days from the date of making the penalty decision, the labor administrative department shall send the labor inspection penalty decision to the penalized unit.

Article 8 of the Administrative Punishment Law of the People's Republic of China provides that the labor administrative supervision agency is an internal organ of the labor administrative department, and when exercising the power of administrative punishment, it shall make an administrative penalty decision in the name of the administrative organ to which it belongs.

Proof of the parties' subject qualifications.

2.The original copy of the "Record of Wei Junjian's Labor and Social Security Supervision Investigation (Inquiry)", which was provided by the Hangzhou Shangcheng District Labor and Social Security Supervision Brigade, proved the fact that the parties owed Liao Tao 4,984 yuan in wages and Zhou Jiaxin's wages in 6,200 yuan.

Based on the facts ascertained above, on April 18, 2022, the Bureau served the "Notice of Administrative Handling of Labor and Social Security Supervision" (Shangren She Jian Ji Zhu Zi [2022] No. 022) to the parties, informing the parties of the facts, reasons, basis and content of the administrative treatment proposed by the Bureau, as well as the rights enjoyed by the parties in accordance with the law, and the parties did not make statements and defenses within the statutory time limit.

The behavior of the parties violated Article 50 of the Labor Law of the People's Republic of China (Order No. 28 of the President of the People's Republic of China): "Wages shall be paid to the worker himself in the form of money on a monthly basis." shall not deduct or delay the wages of the employee without reason", Article 30 of the Labor Contract Law of the People's Republic of China (Order No. 73 of the President of the People's Republic of China) stipulates that "the employer shall pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations", and according to Article 91 of the Labor Law of the People's Republic of China (Order No. 28 of the President of the People's Republic of China), "if the employer infringes upon the legitimate rights and interests of the employee in any of the following circumstances, The labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may order the payment of compensation: (1) deducting or delaying the employee's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard", Article 85 of the Labor Contract Law of the People's Republic of China (Order No. 73 of the President of the People's Republic of China) provides that "if an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failure to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state", the Bureau has decided to make the following administrative measures:

Within 10 days from the date of receipt of this decision, Liao Tao's salary of 4,984 yuan and Zhou Jiaxin's salary of 6,200 yuan will be paid.

If the parties are dissatisfied with this administrative decision, they may apply for administrative reconsideration to the people of Shangcheng District within 60 days from the date of receipt of this decision; They may also directly file an administrative lawsuit with the people's court within six months from the date of receipt of this decision. During the period of reconsideration and litigation, the enforcement of this administrative disposition decision is not suspended.

If the parties fail to apply for administrative reconsideration (or fail to file an administrative lawsuit) within the time limit, and do not perform this administrative decision, the Bureau has the right to apply to the people's court for compulsory enforcement.

Where administrative penalties shall be imposed in accordance with law, the administrative departments for labor and social security shall make administrative punishment decisions in accordance with law and may impose fines. The supervision of labor security pants follows the principles of fairness, openness, efficiency and convenience. Carry out labor security inspections, adhere to the combination of education and punishment to prevent hardship, and accept social supervision.

Regulations on the Supervision of Labor and Social Security

Article 18. The administrative department for labor and social security shall make the following dispositions for violations of labor security laws, regulations or rules based on the results of investigation and inspection:

1) Where administrative punishments shall be received in accordance with law, make an administrative punishment decision in accordance with law;

2) Where corrections should be made but not corrected, order corrections or make corresponding administrative decisions in accordance with law;

3) Where the circumstances are minor and have already been corrected, withdraw the filing of the case.

If it is discovered that the case of violation is not a labor security supervision matter, it shall be promptly transferred to the relevant department for handling;

and where a crime is suspected, it shall be transferred to the judicial organs in accordance with law.

The administrative punishment process for labor and social security supervision is as follows:

1. Registration and filing: If it is found that the employer has violated labor laws and regulations, and the labor inspection agency confirms the fact of violation after examination, it shall register and file the case.

2. Investigation and evidence collection.

3. Processing. 4. Service: The labor administrative department shall send the labor inspection penalty decision to the penalized unit within 7 days from the date of the penalty decision.

[Legal basis].Administrative Punishment Law, Zhi Shenchun, Article 8 of filial piety.

The labor administrative supervision agency is an internal organ of the labor administrative department, and when exercising the power of administrative punishment, it shall make administrative punishment decisions in the name of the administrative organ to which it belongs.

If there is any objection to the decision, you can apply to the labor inspection department for administrative reconsideration or file an administrative lawsuit, if the unit or individual does not implement the decision, it is a labor dispute, directly apply to the local labor arbitration commission for arbitration, and if you are not satisfied with the arbitration result, you can file a lawsuit.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.