Laws & Regulations

Provisions of Shanghai Municipality on Implementation of the Regulations on the Supervision of Labor Security

Promulgated by Decree No. 64 of Shanghai Municipal People's Government on October 31, 2006

 

Article 1Purpose

With a view to implementing the Regulations on the Supervision of Labor Security, these Provisions are formulated in light of the actual circumstances of this Municipality.

Article 2Scope of Application

These Provisions apply to the supervision by Municipal and District/County Labor and Social Security Bureaushereinafter referred to as the Labor Security Administrative Departmentson the enterprises, private businesses, as well as State organs, public institutions and social organizations employing workers with whom they have signed labor contracts (hereinafter referred to as the Employer Units) within the administrative areas of this Municipality.

The Labor Security Administrative Departments shall, in accordance with these Provisions, make labor security supervision on the business activities carried out by employment agencies, professional skills training institutions and professional skills testing and assessment agencies within the administrative areas of this Municipality.

Article 3Administrative Departments

The Municipal Labor Security Administrative Department is the competent administrative department in charge of supervision on labor security in this Municipality.

The District/County Labor Security Administrative Departments are responsible for supervision on labor security within their own jurisdictions.

The Municipal General Labor Security Supervision Brigade and the District/County Labor Security Supervision Brigades shall be entrusted by the Municipal and District/County Labor Security Administrative Departments respectively with the specific work of implementing labor security supervision.

The relevant departments of public security, industry and commerce, finance, taxation, personnel and medical care insurance, etc. of this Municipality shall, in accordance with the law, perform their own respective duties, in coordination with the Labor Security Administrative Departments to do a good job of labor security supervision.

Article 4Jurisdiction

The labor security supervision of employer units within the administrative areas of this Municipality falls within the jurisdiction of the District/County Labor Security Administrative Department of the place where the employer unit uses workers, which may either be the place where the main use of workers by the employ unit occurs or the place where the employer unit is located.

Where disputes arise over the jurisdiction of labor security supervision between the District/County Labor Security Administrative Departments or where needs arise in work for the designation of jurisdiction, the Municipal Labor Security Administrative Department shall designate the jurisdiction.

Supervision of employment agencies, professional skills training institutions and professional skills testing and assessment agencies in their adherence to regulations concerning their conduct of business shall be exercised by the labor security administrative department in their location. Where the penalty of revoking licenses needs to be imposed in case of illegal acts in violation of law, the labor security administrative department that originally issued the license shall implement it.

The Municipal Labor Security Administrative Department may, if need be, directly investigate into and handle cases under the jurisdiction of the District/County Labor Security Administrative Departments.

Article 5Handling of Complaints

Complaints about employer units in violation of labor security laws, regulations and rules shall not be accepted by the labor security administrative departments in any of the following circumstances:

1The disputes should be solved through labor dispute handling procedures according to law;

2The disputes have, in accordance with the provisions concerning the resolution of labor disputes, already entered the procedures of arbitration or litigation; and

3The disputes, according to law, should be solved by other institutions.

Where it refuses to accept and handle the complaints according to Item 1 and Item 2 of the first clause under this Article, the labor security administrative department shall inform in writing the persons making the complaints that they may, in accordance with law, apply to labor disputes handling organs or other competent authorities for resolution.

Article 6Provision for Non-Repetitive Handling

In case workers have made complaints to labor security administrative departments and their complaints have, in accordance with law, entered labor security supervision procedures, labor disputes handling organs can refuse to respond to their application for resolution if it is based on the same complaints.

Article 7Special Provision

In case workers make complaints that the employer units skimp on or delay without cause payment of wages, or the wages paid are below the minimum standard of this Municipality, or cancel labor contracts without compensations according to law, and the facts are verified, the labor security administrative departments shall order the employer units to pay within a prescribed time limit. In case the employer units fail to make the payments within the prescribed time limit, the employer units shall be ordered to pay damages in addition to the payments due. The damages shall be more than 50% and less than the amount due.

Where the laborers have disputes with the employer units over the specific amount of the wages either embezzled or delayed without justification, or the difference between the wages actually paid and the minimum standard of this Municipality, or the specific standard of economic compensation for cancellation of labor contracts, the employer units have the obligation to provide evidence such as the voucher, etc. to prove their payment of wages. Where the employer units refuse to provide evidence, or fail to submit evidence within the prescribed time limit, the labor security administrative department may, in accordance with the materials provided by the workers when making the complaints, affirm the facts, and order the employer units to make payments within a prescribed time limit. In case the employer units fail to make the payments within the prescribed time limit, the employer units shall be ordered to pay damages in addition to the payments due. The damages shall be more than 50% and less than the amount due.

Article 8Handling of Employer Units that Obstruct Supervision

When implementing labor security supervision, the labor security administrative departments have the right to adopt the following measures of investigation and check-up:

1Entering the working site of the employer units to conduct check-up;

2Questioning relevant staff regarding matters under investigation and checkup;

3Asking the employer units to provide the documents and materials related to matters under investigation and checkup;

4Collecting relevant information and materials by means of note-taking, tape-recording, videotaping, photographing or duplication, etc.;

5Entrusting accounting firms to conduct auditing of the payment by the employer units of wages and the premiums of social security.

In case the employer units obstruct the labor security administrative department in adopting measures of investigation and check-up provided for in the proceeding clause, they shall be ordered by the labor security administrative department to make corrections, and may be penalized by a fine of between not less than 2000 yuan and not more than 20,000 yuan.

Article 9Awards for Reporting

Awards shall be given by the labor security administrative departments to those who provide major clues and evidence for the investigation and handling of acts in violation of labor security laws, regulations and rules.

Specific procedures for giving the awards shall be formulated separately by the municipal labor security administrative department jointly with the municipal finance department.

Article 10Act Accordingly

The labor security administrative departments shall refer to these Provisions and act accordingly when exercising supervision over organizations other than those listed in Article 2 hereof with respect to their implementation of the relevant provisions of the State and this Municipality on social security.

Article 11Date of Implementation

The present Provisions shall become effective on January 1, 2007. The “Regulations of Shanghai Municipality on Labor Supervision” promulgated by the Municipal People’s Government on September 20, 2000 shall be repealed simultaneously.

 

 

(Promulgated by Decree No. 64 of Shanghai Municipal People's Government on October 31, 2006) Article 1(Purpose) With a view to implementing the Regulations on the Supervision of Labor Security, these Provisions are formulated in light of the actual circumstances of this Municipality. Article 2(Scope of Application) These Provisions apply to the supervision by Municipal and District/County Labor and Social Security Bureaus(hereinafter referred to as the Labor Security Administrative Departments)on the enterprises, private businesses, as well as State organs, public institutions and social organizations employing workers with whom they have signed labor contracts (hereinafter referred to as the Employer Units) within the administrative areas of this Municipality. The Labor Security Administrative Departments shall, in accordance with these Provisions, make labor security supervision on the business activities carried out by employment agencies, professional skills training institutions and professional skills testing and assessment agencies within the administrative areas of this Municipality. Article 3(Administrative Departments) The Municipal Labor Security Administrative Department is the competent administrative department in charge of supervision on labor security in this Municipality. The District/County Labor Security Administrative Departments are responsible for supervision on labor security within their own jurisdictions. The Municipal General Labor Security Supervision Brigade and the District/County Labor Security Supervision Brigades shall be entrusted by the Municipal and District/County Labor Security Administrative Departments respectively with the specific work of implementing labor security supervision. The relevant departments of public security, industry and commerce, finance, taxation, personnel and medical care insurance, etc. of this Municipality shall, in accordance with the law, perform their own respective duties, in coordination with the Labor Security Administrative Departments to do a good job of labor security supervision. Article 4(Jurisdiction) The labor security supervision of employer units within the administrative areas of this Municipality falls within the jurisdiction of the District/County Labor Security Administrative Department of the place where the employer unit uses workers, which may either be the place where the main use of workers by the employ unit occurs or the place where the employer unit is located. Where disputes arise over the jurisdiction of labor security supervision between the District/County Labor Security Administrative Departments or where needs arise in work for the designation of jurisdiction, the Municipal Labor Security Administrative Department shall designate the jurisdiction. Supervision of employment agencies, professional skills training institutions and professional skills testing and assessment agencies in their adherence to regulations concerning their conduct of business shall be exercised by the labor security administrative department in their location. Where the penalty of revoking licenses needs to be imposed in case of illegal acts in violation of law, the labor security administrative department that originally issued the license shall implement it. The Municipal Labor Security Administrative Department may, if need be, directly investigate into and handle cases under the jurisdiction of the District/County Labor Security Administrative Departments. Article 5(Handling of Complaints) Complaints about employer units in violation of labor security laws, regulations and rules shall not be accepted by the labor security administrative departments in any of the following circumstances: (1)The disputes should be solved through labor dispute handling procedures according to law; (2)The disputes have, in accordance with the provisions concerning the resolution of labor disputes, already entered the procedures of arbitration or litigation; and (3)The disputes, according to law, should be solved by other institutions. Where it refuses to accept and handle the complaints according to Item 1 and Item 2 of the first clause under this Article, the labor security administrative department shall inform in writing the persons making the complaints that they may, in accordance with law, apply to labor disputes handling organs or other competent authorities for resolution. Article 6(Provision for Non-Repetitive Handling) In case workers have made complaints to labor security administrative departments and their complaints have, in accordance with law, entered labor security supervision procedures, labor disputes handling organs can refuse to respond to their application for resolution if it is based on the same complaints. Article 7(Special Provision) In case workers make complaints that the employer units skimp on or delay without cause payment of wages, or the wages paid are below the minimum standard of this Municipality, or cancel labor contracts without compensations according to law, and the facts are verified, the labor security administrative departments shall order the employer units to pay within a prescribed time limit. In case the employer units fail to make the payments within the prescribed time limit, the employer units shall be ordered to pay damages in addition to the payments due. The damages shall be more than 50% and less than the amount due. Where the laborers have disputes with the employer units over the specific amount of the wages either embezzled or delayed without justification, or the difference between the wages actually paid and the minimum standard of this Municipality, or the specific standard of economic compensation for cancellation of labor contracts, the employer units have the obligation to provide evidence such as the voucher, etc. to prove their payment of wages. Where the employer units refuse to provide evidence, or fail to submit evidence within the prescribed time limit, the labor security administrative department may, in accordance with the materials provided by the workers when making the complaints, affirm the facts, and order the employer units to make payments within a prescribed time limit. In case the employer units fail to make the payments within the prescribed time limit, the employer units shall be ordered to pay damages in addition to the payments due. The damages shall be more than 50% and less than the amount due. Article 8(Handling of Employer Units that Obstruct Supervision) When implementing labor security supervision, the labor security administrative departments have the right to adopt the following measures of investigation and check-up: (1)Entering the working site of the employer units to conduct check-up; (2)Questioning relevant staff regarding matters under investigation and checkup; (3)Asking the employer units to provide the documents and materials related to matters under investigation and checkup; (4)Collecting relevant information and materials by means of note-taking, tape-recording, videotaping, photographing or duplication, etc.; (5)Entrusting accounting firms to conduct auditing of the payment by the employer units of wages and the premiums of social security. In case the employer units obstruct the labor security administrative department in adopting measures of investigation and check-up provided for in the proceeding clause, they shall be ordered by the labor security administrative department to make corrections, and may be penalized by a fine of between not less than 2000 yuan and not more than 20,000 yuan. Article 9(Awards for Reporting) Awards shall be given by the labor security administrative departments to those who provide major clues and evidence for the investigation and handling of acts in violation of labor security laws, regulations and rules. Specific procedures for giving the awards shall be formulated separately by the municipal labor security administrative department jointly with the municipal finance department. Article 10(Act Accordingly) The labor security administrative departments shall refer to these Provisions and act accordingly when exercising supervision over organizations other than those listed in Article 2 hereof with respect to their implementation of the relevant provisions of the State and this Municipality on social security. Article 11(Date of Implementation) The present Provisions shall become effective on January 1, 2007. The “Regulations of Shanghai Municipality on Labor Supervision” promulgated by the Municipal People’s Government on September 20, 2000 shall be repealed simultaneously.

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