Labor supervision of state organs, institutions and social organizations that establish labor contract relations with workers shall be implemented by the relevant administrative departments in accordance with the division of responsibilities and in accordance with these Provisions. Article 3 The labor supervision activities conducted by the labor administrative department according to law are protected by law, and no unit or individual may illegally interfere. Article 4 Labor supervision shall be based on facts and take the law as the criterion, and promptly investigate and correct all kinds of violations of labor laws, regulations and rules.
The implementation of labor administrative punishment must be adapted to the facts, nature, circumstances and degree of harm of illegal acts. Article 5 Departments of public security, industry and commerce, finance, price, personnel, planning (economy) and employers at all levels shall, within their respective functions and powers, supervise the employers' compliance with labor laws, regulations and rules according to law. Article 6 Trade unions at all levels shall safeguard the legitimate rights and interests of workers according to law, supervise the employing units to abide by labor laws, regulations and rules, and cooperate with the labor administrative departments to do a good job in labor supervision. In violation of labor laws, regulations and rules, trade unions at all levels have the right to put forward suggestions for rectification or punishment to the labor administrative department and relevant departments.
Any organization or individual has the right to report violations of labor laws, regulations and rules, and shall be protected according to law. Chapter II Labor Inspection Institutions and Labor Inspectors Article 7 The labor administrative department is a specialized organ of the people's government at the same level that exercises labor inspection functions and powers. The labor inspection agency established by the labor administrative department is specifically responsible for labor inspection.
The labor inspection corps, detachments and brigades established by the labor administrative department according to law shall be entrusted by the labor administrative department at the same level to carry out labor inspection.
Labor inspection funds are included in the financial budget and allocated by the financial department annually. Article 8 Labor supervision shall be under the jurisdiction of different levels.
The provincial labor administrative department is responsible for formulating policies and systems for labor inspection in the province, training and managing labor inspectors, investigating and handling major illegal cases within the province, and conducting labor inspection on the compliance of the central, military and provincial employers with labor laws, regulations and rules.
The labor administrative departments of cities and counties (cities, districts) shall be responsible for the labor supervision of the employing units under their jurisdiction.
The labor administrative department at a higher level may designate the labor inspection business under its jurisdiction to be handled by the labor administrative department at a lower level, and the specific measures shall be formulated separately by the provincial labor administrative department. Article 9 The labor administrative department shall perform the following duties of labor supervision:
(a) to urge the employer to implement the national labor policy and labor laws, regulations and rules;
(two) supervision and inspection of the employer's compliance with labor laws, regulations and rules; Investigate and correct labor violations according to law;
(three) to accept the report of the employer's violation of labor laws, regulations and rules;
(four) to undertake labor supervision cases assigned by the government at the same level or the labor administrative department at a higher level;
(five) to cooperate with the relevant departments to deal with collective petitions, strikes and other emergencies caused by labor disputes;
(six) to guide the labor supervision work of the lower labor administrative departments;
(seven) other duties of labor supervision as stipulated by laws, regulations and rules. Article 10 The labor administrative department shall conduct an annual inspection of the employment and conduct a comprehensive supervision and inspection of the employer's compliance with labor laws, regulations and rules. The employer shall take the initiative to accept the annual inspection.
The specific measures for annual inspection shall be formulated separately by the provincial labor, industry and commerce, price and finance departments. Eleventh labor administrative departments should be equipped with full-time and part-time labor inspectors to adapt to the task.
Full-time labor inspectors are those who specialize in labor supervision in labor administrative departments, while part-time labor inspectors are those who do not specialize in labor supervision in labor administrative departments and township labor management institutions.
Part-time labor inspectors are mainly responsible for individual supervision related to their business. When it is necessary to punish the employing unit, they should cooperate with full-time inspectors. Twelfth labor inspectors should be familiar with the labor business, master the knowledge of labor law, be loyal to their duties, have a decent style, and be qualified for labor inspection.
Labor inspectors are nominated by local labor administrative departments or township labor management institutions, and receive administrative law enforcement certificates in accordance with the relevant provisions of the state and provincial people's governments after passing the professional training of labor supervision by labor administrative departments at or above the provincial level and confirming their qualifications. Thirteenth labor inspectors every three years to conduct an assessment and verification, to pass the examination issued a new certificate.
If the labor inspector is transferred from his original post, or fails to be competent for labor supervision after examination, the law enforcement certificate shall be returned to the provincial labor administrative department for cancellation.