labor supervision

When can I complain to the labor supervision department

If you encounter the following problems, you can go directly to labor supervision Battalion complaints
The administrative department of labor security shall supervise the following matters:
（1） The Employer's formulation of internal labor security rules and regulations;
（2） Concluded by the Employer and the Employee Labor contract The situation of;
（3） Employers comply with Regulations on Prohibition of Child Labour The situation of;
（4） Employers comply with Female employees and underage worker Special labor protection regulations;
（5） The employer's compliance with working hours, rest and vacation regulations;
（6） Employers pay workers wages And implementation Minimum wage The situation of;
（7） Employers participate in various activities social insurance And payment of social insurance premiums;
（8） The compliance of employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions with the provisions of the State on vocational introduction, vocational skills training and vocational skills assessment and appraisal;
（9） Other labor security supervision matters stipulated by laws and regulations.

Complaint Procedure of Labor Supervision Brigade

1、 Acceptance of reports and complaints: letters of reports and complaints or letters assigned and forwarded by superior departments and other departments shall be opened and registered by complaint handling personnel; For complainants or consultants, fill in the Complaint Reporting Registration Form or Consultation Registration Form first. If more than 5 people complain collectively due to the same reason, 1 to 5 representatives should be elected and the Power of Attorney should be filled in, and all the people should sign in the Power of Attorney. If the information provided by the complainant does not meet the requirements, the receptionist shall inform the complainant to make corrections; For complaints that do not fall within the scope of labor and social security supervision, inform the complainant to report to the relevant departments; For complaints that fall within the scope of labor and social security supervision but are not under the jurisdiction of labor supervision institutions, the complainant shall be informed to submit them to the competent labor supervision institutions.

2、 Review and acceptance or case registration: the letter of report and complaint shall be reviewed when it is opened and registered. If it meets the conditions for case registration, it shall be accepted according to law within 5 working days from the date of receipt of the letter. Complaints that meet the conditions for filing shall be accepted according to law within 5 working days from the date of receiving the complaint document. For complaints that do not meet the conditions for filing, it shall decide not to accept the complaint within 5 working days from the date of receiving the complaint, and notify the complainant in writing (except for those whose name and address are unclear).

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Conditions and scope of labor supervision complaints

Scope of complaints accepted by labor supervision
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.
2、 Reporting and complaint can be divided into protection of rights and interests reporting and reporting:
1. Protection of rights and interests refers to the behavior that the informant believes that the employer's violation of labor security laws and regulations directly infringes its legitimate rights and interests, and applies to the labor security department for protection according to law;
2. Reporting means that any unit, organization or citizen reports to the labor and social security department the behaviors of employers that violate labor and social security laws and regulations;
3、 If the following conditions are met, it is a report for protecting rights and interests:
1. There are clear facts about the person being reported and the violation of labor security laws and regulations;
2. Informants are individuals and organizations whose legitimate rights and interests are directly infringed.
4、 The report under one of the following circumstances will not be accepted:
1. The matter reported by the informant is a labor dispute;
2. The informant has submitted the same fact and request to Labor dispute arbitration The committee applies for arbitration or brings a lawsuit to the people's court;
3. Those who have reported and complained about illegal acts for more than 2 years.

Responsibilities of Labor Supervision Brigade

According to《 Regulations on Labor and Social Security Supervision 》Article 10 stipulates that the labor and social security administrative department implements labor and social security supervision and performs the following duties:

（1） Publicize labor and social security laws, regulations and rules, and urge employers to implement them;

（2） Check the employers' compliance with labor and social security laws, regulations and rules;

（3） Accepting reports and complaints on violations of labor and social security laws, regulations or rules;

（4） Correct and investigate and deal with the acts that violate labor and social security laws, regulations or rules according to law.

Regulations on Labor Supervision

? The labor supervision regulations generally refer to the Labor and Social Security Supervision Regulations.

Regulations on Labor and Social Security Supervision

Article 1 These Regulations are formulated in accordance with the Labor Law and relevant laws in order to implement laws, regulations and rules on labor and social security (hereinafter referred to as labor security), standardize labor security supervision, and safeguard the legitimate rights and interests of workers.

Article 2 These Regulations shall apply to the labor security supervision of enterprises and self-employed businesses (hereinafter referred to as employing units).

Labor and social security supervision over 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 labor and social security administrative department of the State Council shall be in charge of labor and social security supervision throughout the country. The labor and social security administrative departments of the local people's governments at or above the county level shall be in charge of the labor and social security supervision within their respective administrative areas.

The relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, support and assist the labor and social security administrative departments in their work of labor and social security supervision.

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How to complain to the labor supervision department

1. Determine the name of your employer accurately.

2. Find the right labor supervision organization.

The labor supervision organization is a public institution subordinate to the Human Resources and Social Security Department (Bureau). It is called the Labor Supervision Corps at the provincial level, the Labor Supervision Detachment at the prefecture and city level, and the Labor Supervision Corps at the district and county level.

Labor supervision jurisdiction is hierarchical jurisdiction. The central and provincial enterprises are under the jurisdiction of the labor supervision corps, the municipal enterprises are under the jurisdiction of the municipal labor supervision detachment, and other enterprises are under the jurisdiction of the district/county labor supervision corps.

How to determine which level of labor supervision organization governs the enterprise? There are two ways: one is to find out where the enterprise pays social insurance premiums, and if it pays in the municipal social security department, it will be managed by the municipal labor supervision detachment; If it is paid in the district/county social security department, it shall be under the jurisdiction of the district/county labor inspection brigade; If it is a provincial central enterprise, it shall be under the jurisdiction of the provincial headquarters. Second, call the local human resources and social security consulting service hotline for consultation.

3. Go to complain and think about the problems you want to complain about

Take an ID card and a copy, and a signed labor contract (or other written materials that can prove the labor relationship), and go there in person to fill in the complaint form.

How often can labor supervision complaints be accepted in China

The labor supervision team shall accept or make a decision not to accept the complaint within 5 working days after receiving it. The labor and social security administrative department shall accept the complaints that meet the following conditions within 5 working days from the date of receiving the complaints, and file the case for investigation and punishment on the date of acceptance:

（1） Violation of labor security laws occurred within 2 years;

（2） There is a clear employer complained of, and the legitimate rights and interests of the complainant are infringed due to the employer complained of violating the labor security laws;

（3） It falls within the scope of labor and social security supervision and is under the jurisdiction of the labor and social security administrative department that accepts complaints.

The administrative department of labor security shall decide not to accept the complaints that do not conform to the provisions of Item (1) within 5 working days from the date of receiving the complaints, and notify the complainant in writing.

For complaints that do not conform to the provisions of Item (2), the labor security supervision institution shall inform the complainant to supplement and correct the complaint materials.

For complaints that do not conform to the provisions of Item (3), that is, complaints that do not fall within the scope of labor security supervision, the labor security supervision institution shall inform the complainant; For complaints that fall within the scope of labor and social security supervision but are not under the jurisdiction of the labor and social security administrative department that accepts complaints, the complainant shall be informed to submit them to the relevant labor and social security administrative department.

What to pay attention to when reporting to the labor supervision department

First, clearly distinguish between reports and complaints

The Regulations on Labor and Social Security Supervision stipulates the reporting system and complaint system of labor and social security supervision. Labourers may report to the labor and social security supervision institution any act that violates the labor and social security laws, regulations or rules. If the laborer believes that the employer has violated his own legitimate rights and interests of labor security, he can directly complain to the labor security supervision institution; When making a complaint, a complaint document shall be submitted. If it is difficult to write a complaint document, an oral complaint may be made, and the labor security supervision institution shall make a written record, which shall be signed by the complainant.

Second, report in a fast and effective way

When workers report employers' labor security violations, they can report them in a fast and effective way, such as calling the local labor security policy consultation and reporting telephone or logging into the labor security service network and other convenient ways.

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What are the differences between labor supervision reports and complaints

1、 The subject is different. The reason reported by the informant must have no interest or direct connection with his own interests. The matters complained by the complainant must involve their own interests, that is, the complainant himself is the person whose rights and interests have been infringed, otherwise, it should be handled as a reported case.

2、 The applicable principles are different. The case handlers shall keep the contents of the report strictly confidential; The content of the complaint cannot be kept confidential because it involves the complainant himself.