Regulation on Labor Security Supervision

Regulation on Labor Security Supervision Order of the State Council of the People's Republic of China (No. 423) The Regulation on Labor Security Supervision, which was adopted at the 68th executive meeting of the State Council on October 26, 2004, is hereby promulgated, and shall come into force on December 1, 2004. Premier Wen Jiabao November 1, 2004 Regulation on Labor Security Supervision Chapter I General Provisions Article 1 This Regulation is formulated in accordance with the Labor Law and other relevant laws in order to implement the laws, regulations and rules on labor and social security (hereinafter referred to as labor security), regulate labor security supervision, and maintain the lawful rights and interests of laborers. Article 2 The labor security supervision over enterprises and individual industrial and commercial households (hereinafter referred to as the employing entities) shall be governed by this Regulation. The labor security supervision over job intermediary institutions, occupational skills training institutions, and occupational skills assessment and authentication institutions shall be conducted in accordance with this Regulation. Article 3 The labor security administration of the State Council shall be in charge of the labor security supervision work of the whole country. The labor security administration of a local people's government at the county level or at any level above shall be in charge of the labor security supervision work within its own administrative area. The relevant departments of a people's government at the county level or at any level above shall, according to their respective duties, support and assist in the labor security supervision work of the labor security administration. Article 4 The labor security administration of a people's government at the county level or at the level of a city divided into districts may entrust an organization meeting the law enforcement conditions for supervision to conduct the labor security supervision. The labor security supervisors in a labor security administration or in an organization entrusted to conduct labor security supervision shall pass the corresponding assessment or examination before they are employed. The labor security supervision certificates shall be produced under the supervision of the labor security administration of the State Council. Article 5 The local people's government at the county level or at any level above shall strengthen labor security supervision work. The expenses needed in labor security supervision shall be included into the public finance budget at the current level. Article 6 The employing entities shall abide by labor security laws, regulations and rules, accept and cooperate in the labor security supervision. Article 7 The labor unions at all levels shall maintain the lawful rights and interests of the laborers in accordance with the law, and supervise the employing entities' obedience of labor security laws, regulations and rules. A labor security administration shall pay attention to heeding the opinions and suggestions of labor union organizations in its labor security supervision work. Article 8 Labor security supervision shall be in compliance with the principles of impartiality, publicity, high efficiency, and benefiting the people. The labor security supervision shall adhere to the principle of combining education with penalty, and accept public supervision. Article 9 Any organization or individual shall have the right to report to the labor security administration any act of violating labor security laws, regulations or rules. Where a laborer considers that the employing entity infringes upon his lawful rights and interests of labor security, he shall have the right to make complaint to the labor security administration. A labor security administration shall keep confidential for the reporters and complainants, and shall award those whose report is true and who have provided important clues or evidence for investigating major acts of violating labor security laws, regulations or rules. Chapter II Labor Security Supervision Duties Article 10 A labor security administration that conducts labor security supervision shall perform the following duties: (1) Publicizing labor security laws, regulations and rules, and urging employing entities to implement them; (2) Inspecting the employing entities' obedience of labor security laws, regulations and rules; (3) Accepting the reports and complaints on violation of labor security laws, regulations or rules; and (4) Lawfully correcting and investigating and punishing the acts of violating labor security laws, regulations or rules. Article 11 A labor security administration shall conduct labor security supervision over the following particulars: (1) the employing entities' formulation of internal labor security rules and systems; (2) the employing entities' conclusion of labor contracts with laborers; (3) the employing entities' obedience of provisions on prohibiting employment of child laborers ; (4) the employing entities' obedience of provisions on special labor protection of female employees and underage laborers; (5) the employing entities' obedience of provisions on working hours, rests and holidays; (6) the employing entities' payment of wages to the laborers and implementation of the lowest rate of wages; (7) the employing entities' buying of various social insurances and payment of social insurance premiums; (8) the obedience of relevant provisions of the state on job intermediation, occupational skills training, and occupational skills assessment and authentication by the job intermediary institutions, occupational skills training institutions, and occupational skills assessment and authentication institutions; and (9) other particulars prescribed in laws and regulations on labor security supervision. Article 12 The labor security supervisors' lawful performance of their labor security supervision duties shall be protected by law. A labor security supervisor shall be devoted to his duties, be level-handed in law enforcement, be honest and clean, exercise administrative functions diligently, and keep secrets. Any organization or individual shall have the right to report the labor security supervisor's acts of violating laws or disciplines or make charges against such acts to the labor security administration or the relevant organs. Chapter III Implementation of Labor Security Supervision Article 13 The labor security supervision over an employing entity shall be under the jurisdiction of the labor security administration at the county level or at the level of a city divided into districts at the locality of employment by the employing entity. A superior labor security administration ma......