Measures of Datong Municipality on Labor Supervision

Chapter I General Provisions Article 1 In order to ensure the implementation of labor laws and regulations, protect the legitimate rights and interests of laborers and employers, and maintain the socialist labor order, these Measures 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 Municipality. Article 2 These Measures shall apply to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them (hereinafter referred to as laborers) and their labor intermediary agencies and vocational training institutions within the administrative area of this Municipality. Article 3 The term "labor supervision" as mentioned in these Measures refers to the supervision and inspection by the labor administrative department on the compliance of employers and laborers with labor laws and regulations. Correct and punish illegal acts. Article 4 Labor supervision must be based on facts and take the law as the criterion, and correct and investigate all kinds of violations of labor laws and regulations accurately and promptly.

Any organization or individual has the right to report violations of labor laws and regulations to the labor inspection agency. Article 5 The labor administrative department of the city or county (district) shall be responsible for labor supervision, and the administrative department for industry and commerce, the public security department and the competent department of the employing unit shall, within their respective functions and duties, assist the labor administrative department to do a good job in labor supervision.

Trade union organizations at all levels shall represent and safeguard the legitimate rights and interests of workers and supervise employers' compliance with labor laws and regulations according to law. Chapter II Labor Inspection Institutions and Their Duties Article 6 The labor inspection institutions of the labor administrative departments of cities and counties (districts) shall be specifically responsible for labor inspection. The labor inspection agency of the municipal labor administrative department is responsible for monitoring the compliance of municipal employers, central, provincial and military employers in the city, and foreign employers in the city (including Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises) and their employees with labor laws and regulations.

The labor inspection agency of the labor administrative department of the county (District) is responsible for monitoring the following employers and their employees' compliance with labor laws and regulations in the county (District).

The labor inspection agency of the county (district) labor administrative department is supervised and guided by the labor inspection agency of the municipal labor administrative department.

The supervision organization of the municipal labor administrative department has the right to handle the labor supervision cases under the jurisdiction of the labor supervision organization of the county (district) labor administrative department, and may also refer the labor supervision cases under its jurisdiction to the labor supervision organization of the county (district) labor administrative department for handling. Article 7 Duties of labor inspection agencies:

(a) to publicize labor laws and regulations, and urge employers and workers to implement them;

(two) to supervise and inspect the compliance of employers and employees with labor laws and regulations, and to correct and investigate illegal acts according to law;

(3) Other supervisory duties as stipulated by laws and regulations. Article 8 The labor administrative department shall be equipped with full-time and part-time inspectors according to the needs of the work.

Labor inspectors should be selected from those who are familiar with the labor business, master the knowledge of labor law, adhere to principles, act impartially and be competent for labor inspection.

The labor inspector shall be appointed or employed by the labor administrative department at the same level and reported to the labor administrative department at the next higher level for the record. Article 9 Labor inspection agencies and labor inspectors shall enjoy the following functions and powers when performing their duties:

(a) according to the needs of the work, you can enter the employer for inspection regularly or at any time;

(2) To issue a Notice of Inquiry on Labor Supervision and a Letter of Instruction on Labor Supervision to the employing unit or laborer according to law, and require them to make a written reply to the labor inspection institution within 10 days from the date of receiving the Notice or the Letter of Instruction;

(three) to consult (read) or copy the relevant information of the inspected unit according to law and ask the relevant personnel. Tenth labor inspectors in performing their duties, must do:

(a) to act impartially, and shall not abuse their powers or engage in malpractices for personal gain;

(two) shall not disclose the case and the relevant secrets of the employer to others;

(3) keeping confidential the informants. Chapter III Contents of Labor Supervision Article 11 Supervise the implementation of relevant state regulations by various labor intermediary agencies in labor intermediary activities. Twelfth supervision of the use of labor force by the employer:

(a) recruitment of employees;

(2) Recruiting temporary workers (including temporary farmers);

(three) the implementation of the prohibition of the use of child labor;

(four) the placement of veterans and the employment of ethnic minorities, women and the disabled. Thirteenth supervision of the signing, verification and performance of labor contracts and the signing and performance of collective contracts. Fourteenth supervision of the employer's salary and bonus distribution:

(a) the implementation of macro-control provisions on total wages;

(two) timely and full payment of wages;

(three) the implementation of the provisions of the minimum wage standard for employees;

(four) the income of state-owned enterprise operators. Fifteenth social labor insurance and employee welfare supervision:

(1) The payment of social insurance premiums by employers and workers;

(2) Payment of social insurance benefits;

(three) the employer's compliance with the employee welfare regulations. Sixteenth labor protection supervision:

(a) the implementation of the working hours and rest and vacation system by the employer;

(two) the employer's compliance with the provisions on labor protection for female employees and underage workers;

(three) the employer and the employee's compliance with other labor protection regulations.