1, publicize the labor security laws, regulations and rules, and urge the employer to implement them;
2, check the employer's compliance with labor security laws, regulations and rules;
3. Accepting reports and complaints about violations of labor security laws, regulations or rules;
4, according to the law to correct and investigate violations of labor security laws, regulations or rules.
Contents of labor inspection
1, social labor agencies and social training institutions comply with relevant regulations;
2, the conclusion and performance of the labor contract;
3. Unit recruitment behavior;
4. Working hours of workers;
5, enterprises to comply with the provisions of the macro-control of total wages of enterprises;
6, the unit to support the wages of employees;
7, the income of state-owned enterprise operators;
8, units and employees to pay social insurance premiums;
9. Social insurance payment;
10, the unit's compliance with employee welfare regulations;
1 1, the compliance of units and workers with the provisions on vocational skill development;
12, certification of social vocational skills assessment and appraisal institutions to workers' vocational skills assessment and appraisal;
13, the institutions that undertake overseas contracted projects, foreign labor cooperation and individual citizens' employment abroad safeguard the legitimate rights and interests of overseas employees;
14, other matters stipulated by laws, regulations and rules.
Conditions for labor inspection complaints:
(1) Any unit, organization and citizen has the right to report and complain to the labor and social security department about the employer's violation of labor and social security laws and regulations.
(two) reporting complaints can be divided into rights protection and reporting:
1. Rights protection report refers to the act that the informant thinks that the employer's violation of labor security laws and regulations directly infringes on its legitimate rights and interests and applies to the labor security department for legal protection;
2. Reporting refers to any unit, organization or citizen reporting the employer's violation of labor security laws and regulations to the labor security department;
(3) A report on the protection of rights and interests that meets the following conditions:
1, with clear informants and violations of labor security laws and regulations;
2. Informants are individuals and organizations whose legitimate rights and interests have been directly violated.
Concept and characteristics of labor security supervision
Labor security supervision refers to a series of supervision activities such as inspection, handling and punishment of the implementation of labor and social security laws and regulations by statutory specialized agencies on behalf of the state. Labor security supervision used to be called labor supervision, and it is also called labor supervision abroad. As the responsibility of state intervention, it is an important compulsory means to safeguard the rights and interests of workers, and is widely adopted by many countries in the world.
Labor security supervision has the following basic characteristics:
materiality
Labor security supervision is different from general supervision and inspection. Labor security supervision is a special supervision conducted by specialized agencies to ensure the implementation of labor security laws, regulations and rules.
(2) Legitimacy
Internationally, it is a common practice in all countries to carry out labor security supervision according to law. Labor security supervision is the public function of the government, and its supervision activities are mandatory and must be carried out according to law. In order to ensure the justice of supervision and law enforcement, the subject, scope, measures and procedures of supervision should be carried out according to law.
(3) administrative nature
Labor security supervision is a special supervision system adopted by the government to safeguard the legitimate rights and interests of workers and ensure the effective implementation of labor security laws and regulations. Therefore, labor security supervision belongs to the category of administrative supervision and is an important administrative law enforcement activity.
After the legitimate rights and interests of workers are infringed, they can complain or report to the labor security supervision agency where they are employed to safeguard their legitimate rights and interests. Here I will briefly talk about what a complaint is.
Complaint is the most commonly used way for workers to safeguard their rights. It refers to the behavior that the laborer reflects and puts forward relevant demands to the administrative department of labor security in view of the behavior that the employer infringes on its legitimate rights and interests in labor security. The complainant should be a person whose rights and interests have been infringed and hold legal identification. Complaints need to be filled out. If it is really difficult to write a complaint, you can make an oral complaint, which will be recorded by the labor security supervisor and signed by the complainant. The complainant should try his best to provide evidence related to the complaint, such as labor contracts, wage payment records, etc. The conditions for accepting the complaint are: (1) The illegal act reflected by the complainant occurred within 2 years; (2) There is a clear complained unit, and the legitimate rights and interests of the complainant are infringed by the complained unit's violation of labor security laws and regulations; (3) Complaints are within the scope of labor security supervision. After receiving the complaint from the complainant, the labor security supervision institution shall decide whether to accept it within 5 working days. If the case meets the acceptance conditions, the investigation shall be completed within 60 working days from the date of filing the case, and 30 working days may be extended if the situation is complicated. After investigation, if the employer does violate the labor security laws and regulations, it shall be ordered to make corrections or be given administrative punishment according to law.
Reporting refers to the act of any organization or individual reporting, exposing or providing clues to the administrative department of labor security for violations of labor security laws, regulations and rules. Informants should be organizations and individuals that have no direct connection or interest with labor security violations. Informants can report through visits, letters, calls, Internet access and other forms. Informants can report under their real names or anonymously. The administrative department of labor security shall keep confidential the informants. After receiving the clue, the labor security supervision institution shall verify it, and if it meets the acceptance conditions, it shall file a case for investigation and handling according to law. Informants who request to be informed of the results of the investigation and handling shall give feedback.
legal ground
According to the "labor security supervision regulations"
Article 10 The administrative department of labor security shall carry out labor security supervision and perform the following duties:
(a) to publicize the laws, regulations and rules of labor security, and urge the employing units to implement them;
(two) check the employer's compliance with labor security laws, regulations and rules;
(three) to accept reports and complaints about violations of labor security laws, regulations or rules;
(four) to correct and investigate violations of labor security laws, regulations or rules according to law.
Article 11 The administrative department of labor security shall carry out labor security supervision on the following matters:
(a) the employer's internal labor security rules and regulations;
(two) the employer and the employee conclude a labor contract;
(three) the employer's compliance with the prohibition of the use of child labor;
(four) the employer's compliance with the special labor protection provisions for female workers and underage workers;
(five) the employer's compliance with the provisions on working hours and rest and vacation;
(six) the employer to pay the wages of workers and the implementation of the minimum wage standard;
(seven) the employer's participation in various social insurances and payment of social insurance premiums;
(eight) occupation introduction institutions, occupation skill training institutions and occupation skill appraisal institutions shall abide by the provisions of the state on occupation introduction, occupation skill training and occupation skill appraisal;
(nine) other labor security supervision matters stipulated by laws and regulations.
Twelfth labor security inspectors shall perform their duties of labor security supervision according to law and shall be protected by law.
Labor safety inspectors should be loyal to their duties, enforce the law impartially, be diligent and honest, and keep secrets.
Any organization or individual has the right to report and accuse the labor security inspectors of violating laws and regulations to the administrative department of labor security or the relevant authorities.