What is a Labor Security Inspection? What is a labor inspection

Labor security supervision refers to the administrative law enforcement activities in which the labor 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 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.

For example, the employer's compliance with the regulations on hiring and recruiting employees, the compliance with the relevant labor contract provisions, the compliance with the special labor protection regulations for female employees and juvenile workers, the compliance with the wage payment regulations, the compliance with social insurance regulations, and the legality of the labor rules and regulations formulated by the employer.

Legal analysis: The labor administrative department may give warnings, circulate criticisms, fines, revoke licenses, and order the suspension of production for rectification to units or workers who violate labor laws and regulations in accordance with the decisions of the current labor laws, regulations, and rules. For those who violate other administrative regulations, it is recommended that the relevant administrative organs give administrative punishments; For those who violate the criminal law, it is recommended that the law enforcement agencies pursue criminal responsibility. Labor inspection refers to a series of activities such as inspection, correction and punishment of compliance with labor laws by statutory specialized organs on behalf of the state.

Legal basis: Labor and Social Security Supervision Law of the People's Republic of China

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 shall apply to the supervision of enterprises and individual industrial and commercial households (hereinafter referred to as "employers") in complying 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.

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.

Article 9 The administrative department of labor and social security shall set up a mailbox for reporting and complaints, make public reports and complaints, and investigate and bury violations of labor security laws reflected in reports and complaints in accordance with the law.

The Regulations on Labor Security Supervision are administrative regulations formulated in accordance with the Labor Law and other relevant laws for the purpose of implementing labor security laws, regulations, and rules, standardizing the supervision work of labor security departments, and safeguarding the legitimate rights and interests of laborers.

[Legal basis].

Article 1 of the Regulations on the Supervision of Labor and Social Security.

These Regulations are formulated in accordance with the Labor Law and relevant laws in order to implement the laws, regulations and rules on labor and social security (hereinafter referred to as "labor security"), to standardize labor security supervision, and to safeguard the legitimate rights and interests of workers.

Article 9. Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.

Labor security supervision refers to the administrative law enforcement activities in which the labor 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 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.

1. The labor and social security supervision section is called labor inspection in the past, and it is also called labor inspection in foreign countries. As a kind of state intervention responsibility, it is an important and compulsory means to protect the rights and interests of workers, and is widely used by many countries in the world.

2. The implementation of labor security supervision is of great significance for 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.

Quality. Basic Attributes of Labor and Social Security Inspection:

1) Statutory.

The rules of labour security inspections are directly established by law. The main body of labor security supervision must carry out supervision and law enforcement activities in strict accordance with the law.

Content. The content of labor security inspection is mainly the labor standards and matters prescribed by the state and the implementation of social insurance regulations. These include:

1) The employer's compliance with the regulations on hiring and recruiting employees.

2) The employer's compliance with the relevant provisions of the 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 leave.

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 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, Xiangzhi 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 regulations 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.

Article 13 of the Regulations on the Supervision of Labor and Social Security.

The labor security supervision of the employer shall be under the jurisdiction of the labor security administrative department at the county level or districted city where the employer is employed. Based on the needs of work, the higher-level labor and social security administrative department may investigate and handle cases under the jurisdiction of the lower-level labor and social security administrative department. In the event of a dispute over the jurisdiction of labor security supervision, the administrative department for labor security shall report to the common labor and social security administrative department at the next higher level for designation of jurisdiction.

The people of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific measures for the jurisdiction of labor security inspections.

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.

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.