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Regulations of Qinghai Province on Labor Security Supervision

chapter I general provisions article 1 these regulations are formulated in accordance with the labor law of the people's Republic of China, the labor contract law of the people's Republic of China, the regulations on labor security supervision of the State Council and other laws and administrative regulations in combination with the actual situation of this province in order to standardize and strengthen the labor security supervision, safeguard the legitimate rights and interests of workers and promote economic development and social harmony. Article 2 These Regulations shall apply to the labor security supervision of enterprises, individual economic organizations and private non-enterprise units (hereinafter referred to as employing units) within their respective administrative areas.

labor security supervision of state organs, institutions, social organizations, employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions shall be carried out in accordance with these regulations. Article 3 The people's governments at or above the county level shall strengthen their leadership over labor security supervision, establish and improve labor security supervision institutions, strengthen the construction of law enforcement teams, and improve the quality of law enforcement personnel.

Labor security supervision funds are included in the fiscal budget at the corresponding level. Article 4 The administrative department of labor security of the provincial people's government is in charge of labor security supervision in the whole province; The administrative department of labor security of state (prefecture, city) and county people's governments shall be in charge of labor security supervision within their respective administrative areas.

the labor security supervision institution of the labor security administrative department of the people's government at or above the county level is specifically responsible for the labor security supervision.

the administrative department of labor security of the people's government at or above the county level shall be equipped with labor security inspectors according to the needs of supervision. Labor security inspectors should meet the conditions stipulated by the state. Article 5 The relevant administrative departments of public security, industry and commerce, finance, construction, health and safety supervision of the people's governments at or above the county level shall, according to their respective functions and duties, support and assist the administrative departments of labor security to carry out labor security supervision. Article 6 Trade unions shall supervise the implementation of labor security laws, regulations and rules by employers and safeguard the legitimate rights and interests of workers according to law. Article 7 Labor security supervision shall follow the principles of fairness, openness, high efficiency and convenience. Article 8 Any organization or individual has the right to report any violation of laws, regulations and rules of labor security to the administrative department of labor security. The administrative department of labor security shall keep confidential the informants; Reward informants who provide main clues and evidence for investigating and handling major labor security violations. Chapter II Jurisdiction and Supervision Contents Article 9 The labor security supervision of the employing unit shall be under the jurisdiction of the labor security administrative department of the people's government at the county level where the employing unit is located.

the administrative department of labor security at a higher level can investigate and handle labor security supervision cases under the jurisdiction of the administrative department of labor security at a lower level according to the needs of work.

if there is a dispute between the administrative departments of labor security, it shall be reported to the administrative department of labor security of the people's government at the next higher level for designation of jurisdiction. Article 11 The administrative department of labor security shall conduct labor security supervision in accordance with the scope stipulated in Article 11 of the Regulations on Labor Security Supervision of the State Council.

The administrative department of labor security shall investigate and deal with the following violations of labor security according to law:

(1) The employing unit illegally recruits minors under the age of 16;

(2) When employing workers, the employer collects deposits, deposits and other fees, or detains the employee's resident identity card, diploma, degree certificate, skill grade certificate and other documents;

(3) The employing unit fails to sign a labor contract according to law or fails to deliver the text of the labor contract to the laborer;

(4) the employer violates the probation period and extends the probation period;

(5) The employer violates the special labor protection regulations for female workers, underage workers and disabled people;

(6) The employer deducts or delays the wages of the workers without any reason, pays wages below the local minimum wage, refuses to pay or fails to pay overtime wages according to the standard;

(7) The employer forces the laborer to extend the working hours;

(8) the employer fails to participate in social insurance or pay social insurance premiums according to law;

(9) the employer dissolves or terminates the labor contract illegally;

(11) The occupation introduction institution, occupation skill training institution and occupation skill appraisal institution violate the provisions of the state on occupation introduction, occupation skill training and occupation skill appraisal;

(11) other acts that violate labor security laws, regulations and rules. Article 11 When the administrative department of labor security discovers the following illegal acts during the labor security supervision, it shall promptly inform the administrative departments of public security, health and safety supervision to investigate and deal with them according to law:

(1) The employing unit forces laborers to work by means of violence, threats, illegal restriction of personal freedom, or insults, corporal punishment, beatings or detention of laborers;

(2) The employer fails to implement the national labor safety and health regulations and standards, which damages the physical and mental health of the workers. Chapter III Supervision Methods and Procedures Article 12 Labor security supervision shall be conducted in the form of daily patrol inspection, examination of written materials, special inspection and acceptance of reports and complaints.

if the administrative department of labor security finds that the employing unit has violated the laws, regulations and rules of labor security and needs to be investigated and dealt with, it shall file a case in time. Article 13 The administrative department of labor security may, according to the employer's compliance with labor security laws, regulations and rules, organize special inspections on outstanding problems, and may, when necessary, jointly conduct inspections with relevant departments.