Qingdao City Interim Provisions on Labor Inspection

Article 1: In order to establish and improve the labor law enforcement supervision mechanism, strengthen labor inspection work, and ensure the implementation of labor laws, regulations, and rules, these regulations are formulated in accordance with the provisions of relevant laws and regulations, and in light of the actual situation of this city. Regulation. Article 2 The term “labor inspection” as mentioned in these regulations refers to the inspection by the labor administrative department and its affiliated labor inspection agencies on the compliance of labor laws, regulations and rules by the employing units that have established labor relations (hereinafter referred to as the employing units), and the inspection of violations of laws, regulations and rules. Activities punishable by conduct.

Supervision of the employer's compliance with labor safety and health laws, regulations and rules shall be carried out in accordance with relevant regulations. Article 3 These regulations apply to the administrative areas of Qingdao City. Article 4 The labor administrative departments of Qingdao City and each district (city) shall have the primary jurisdiction over labor inspection work within their jurisdiction.

The labor inspection agencies of Qingdao City and the labor administrative departments of various districts (cities) are responsible for labor inspection work according to their authority.

The labor inspection agencies of each district (city) are subject to the supervision and guidance of the Qingdao Municipal Labor Inspection Agency. Article 5 The Qingdao Municipal Labor Supervision Agency is responsible for the labor supervision of the following employment units:

(1) In the five districts of Shinan, Shibei, Taitung, Sifang, and Cangkou, as well as in the high-tech industrial park, Employment units at or above the municipal level, as well as non-local units stationed in Qingdao, foreign-invested enterprises and units affiliated with the troops stationed in Qingdao;

(2) Labor units in various county-level cities, Laoshan District, Huangdao District, and Qingdao City The supervisory agency determines the employing units to be inspected.

Each district (city) labor inspection agency is responsible for the labor inspection of employment units within its jurisdiction other than those specified in the preceding paragraph. Article 6 Labor inspection agencies shall be equipped with full-time and part-time labor inspectors in accordance with regulations. Labor inspectors should be selected from those who are familiar with legal knowledge and professional business, adhere to principles, act impartially, and are qualified for labor inspection work. Article 7 Employers shall abide by the provisions of labor laws, regulations and rules, and voluntarily accept labor inspections by labor inspection agencies.

Any unit or individual who discovers any violation of labor laws, regulations and rules has the right to report it to the labor inspection agency. Article 8 Responsibilities of labor inspection agencies:

(1) Promote labor laws, regulations, and rules, and urge relevant employing units to implement them;

(2) Provide training for labor inspectors and supervision;

(3) Supervise and inspect the employing units, and investigate and deal with labor violations in accordance with the law;

(4) Other duties stipulated in laws, regulations, and rules. Article 9 The content of labor inspection:

(1) The recruitment of employees by the unit;

(2) The compliance of social labor agencies with relevant regulations;

(3) Signing and performance of labor contracts;

(4) Recruitment and placement of disabled people and demobilized veterans in accordance with regulations;

(5) Working hours of employees;< /p>

(6) Implementation of macro-control regulations on enterprise wages;

(7) Implementation of minimum wage guarantee regulations for employees and payment of wages to employees;

(8) ) Income of operators of state-owned and collective enterprises;

(9) Withdrawal and payment of various social labor insurance premiums and vocational and technical training coordination fees;

(10) Social insurance funds The payment of benefits and the implementation of employee welfare benefits;

(11) The assessment and appraisal of workers’ professional skills and the issuance of certificates by social vocational skills assessment and appraisal agencies;

(12) Implementation of the certificate-based employment system for special positions;

(13) Implementation of the labor statistics system;

(14) Other matters stipulated in laws, regulations, and rules. Article 10: Labor inspection agencies may assign labor inspectors to inspect the units under supervision at any time based on work needs. Article 11 When labor inspectors perform inspection duties, they shall do so in two or more persons and shall present their labor inspection certificate. If the labor inspection certificate is not produced, the unit being inspected has the right to refuse to accept inspection. Article 12 When performing official inspection duties, labor inspectors have the right to question relevant personnel, review and copy relevant materials, and require the units being inspected to provide explanations and clarifications on relevant issues involved in labor inspection. Article 13: Labor inspectors shall not disclose the case details and confidential information of relevant units to others.

Article 14 If the labor inspection agency discovers through investigation that there is a violation of labor laws, regulations, and rules and meets the conditions for filing a case, the case shall be filed and the case shall be closed within thirty days from the date of filing the case; if there are special reasons, it may be extended for fifteen days . Article 15 The labor administrative department shall order units that commit labor violations to make rectifications within a time limit, and shall, in accordance with the relevant provisions of labor laws, regulations and rules, issue warnings, circulars of criticism, fines, and revoke relevant licenses issued by the labor department. If a crime is constituted, criminal liability shall be investigated in accordance with the law. Article 16: When the labor administrative department makes a handling decision in accordance with the law, it shall prepare an administrative handling decision letter and serve it to the parties concerned. The administrative decision will take effect from the date it is delivered to the party concerned. Article 17 If the parties concerned are dissatisfied with the administrative decision, they may apply for reconsideration or initiate administrative litigation in accordance with the law. During the period of reconsideration and litigation, the execution of the original decision will not be affected.

For those who fail to apply for reconsideration, sue and implement the handling decision within the time limit, the labor administrative department shall apply to the People's Court for compulsory execution in accordance with the law. Article 18: Anyone who refuses or obstructs labor inspectors from performing their supervisory duties and who should be punished in accordance with the "Regulations on Public Security Administration Punishments of the People's Republic of China" shall be punished by the public security organs.