Provisions of Hainan Province on Labor Inspection

Chapter I General Provisions Article 1 In order to maintain the socialist labor order and ensure the implementation of labor laws and regulations, these Provisions are formulated in accordance with the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province. Article 2 These Provisions shall apply to enterprises, institutions, social organizations, urban individual industrial and commercial households (hereinafter referred to as employers) with employees in this province, as well as workers who have established labor relations with the above-mentioned employers (hereinafter referred to as employees) and workers who have established labor contract relations with state organs. Article 3 The term "labor inspection" as mentioned in these Provisions refers to the labor administrative law enforcement behavior that the labor inspection agencies of the labor administrative departments at or above the county level supervise and inspect the employers and laborers' compliance with labor laws and regulations, and punish the illegal acts.

The inspection of employers and employees' compliance with labor safety and health laws and regulations shall be carried out in accordance with the existing regulations. Article 4 Labor inspection must adhere to the principles of abiding by laws, strictly enforcing laws and prosecuting violators, take facts as the basis and take laws as the criterion, and promptly and accurately correct and investigate all kinds of violations of labor laws and regulations. Article 5 Labor supervision shall combine supervision by specialized agencies of the labor administrative department with supervision by the masses.

Public security, industry and commerce, finance and taxation, health, trade unions, chambers of commerce and other relevant departments shall, according to their respective functions and powers, assist the labor inspection institutions to do a good job in labor inspection. Chapter II Labor Inspection Institutions and Their Duties Article 6 Labor inspection adheres to the principle of giving priority to territorial management, and labor inspection institutions at all levels are responsible for the division of labor. Article 7 Labor inspection institutions shall be equipped with full-time labor inspectors and part-time labor inspectors. Full-time labor inspectors are those who specialize in labor inspection in labor inspection institutions, while part-time labor inspectors are those who do not specialize in labor inspection in labor administrative departments. Part-time labor inspectors are mainly responsible for individual supervision related to their business, and supervision should be carried out together with full-time labor inspectors.

Labor inspectors should be selected from those who are familiar with labor business, proficient in labor law, adhere to principles, act impartially and be competent in labor inspection. Eighth provincial labor inspectors recommended by the provincial labor inspection agencies, approved by the provincial labor administrative department; City, county, autonomous county and district labor inspectors are recommended by city, county, autonomous county and district labor inspection agencies, and approved by the labor administrative department of the people's government at the county level and submitted to the provincial labor administrative department for approval. Article 9 Labor inspection institutions shall exercise their labor inspection functions and powers according to law, and shall not be interfered by any unit or individual. Tenth labor inspection agencies and their labor inspectors have the right to request the relevant units and individuals to provide information according to the needs of supervision; Have the right to consult relevant information and ask relevant personnel. Eleventh main contents of labor inspection:

(a) the employees recruited by this unit;

(two) the conclusion and performance of the labor contract;

(three) to comply with the provisions of the state on working hours and rest and vacation;

(four) the implementation of labor protection regulations for employees;

(five) the employer to pay the wages of employees;

(six) social insurance premiums paid by employers and employees;

(seven) the payment of social insurance premiums by employers and social insurance institutions;

(eight) the employer's compliance with the employee welfare regulations;

(nine) social labor intermediary institutions and social training institutions in accordance with the relevant provisions;

(ten) the employer's compliance with the provisions on the protection of labor rights and interests of female workers, underage workers and disabled people;

(eleven) the employer and employees to comply with the provisions of the occupation skill development;

(twelve) to undertake overseas contracted projects, foreign labor cooperation, overseas employment of individual citizens and other institutions to safeguard the legitimate rights and interests of overseas employees;

(thirteen), other matters stipulated by laws, regulations and administrative rules. Chapter III Labor Inspection Procedures Article 12 When performing official duties, a labor inspector shall be accompanied by two or more workers, present labor inspection certificates, enforce the law in a civilized manner, and abide by the following provisions:

(a) enforce the law impartially, and shall not abuse their powers or engage in malpractices for selfish ends;

(two) shall not disclose the case and confidential information of the enterprise;

(3) keeping confidential the informants. Thirteenth to investigate and deal with violations of labor laws and regulations, and punish the parties concerned, we must follow the following procedures: registration, investigation and evidence collection, handling, making a handling decision and serving it. Fourteenth of the parties in violation of labor laws and regulations, the labor inspection agency shall make a decision on whether to file a case within 5 days, shall meet one of the following conditions:

(a) units or individuals to report, and the prosecutor is clear;

(two) the parties take the initiative to explain;

(three) assigned by the higher authorities;

(four) transferred by the relevant departments;

(five) the labor administrative department found in the work;

(six) other cases that need to be filed. Fifteenth for the record, the examination and approval form shall be filled in, and after the examination and approval by the person in charge of the labor inspection agency, the labor inspector shall be appointed to investigate.

Investigators should collect evidence in accordance with the law, objectively, comprehensively, promptly and in accordance with the prescribed procedures. Article 16 When performing official duties, a labor inspector must apply for withdrawal under the circumstances stipulated in the Provisional Regulations on State Civil Servants, and the parties concerned have the right to apply for withdrawal from the labor inspection agency that accepted the case.

The withdrawal of labor inspectors shall be decided by the person in charge of the labor inspection agency; The withdrawal of the person in charge of the labor inspection agency shall be decided by the labor administrative department at the same level.

The person in charge of the labor inspection agency or the labor administrative department at the same level shall, within 3 days from the date of receiving the application for withdrawal, make a decision to withdraw or reject the application for withdrawal.