Abstract
A system of labor inspection of workplaces in agricultural, industrial, commercial and some non-commercial service sectors where workers are employed by the labor inspectorate has been adopted by many countries. The International Labor Organization produces and publishes the international labor standards on labor inspection. Article 2(1) in the ILO Labor Inspection Convention (1947, No. 81) states that “the system of labor inspection in industrial workplaces shall apply to all workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labor inspectors.”
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- 1.
Labor and Social Security Inspection Regulations, Article 2.
- 2.
Labor and Social Security Inspection Regulations, Article 14.
- 3.
Labor and Social Security Inspection Regulations, Article 11.
- 4.
Article 74 of Labor Contract Law stipulates: “The labor administrative agency of the local government above county level shall conduct supervision inspection according to law on the following aspects of labor contract implementation: (1) rules and regulations of the employer directly concerning vital interests of the employee and implementation of the rules and regulations; (2) entering and termination of labor contracts between the employer and the employee; (3) compliance of labor dispatch regulations of the labor dispatch agency and the employer; (4) compliance of government regulations on work hours, rest, and holidays; (5) wage remuneration paid according to the labor contract and the minimum wage standards compliance; (6) the employer’s participation of various social insurance and premium payments; (7) other matters to be inspected provided by relevant laws and regulations.”
- 5.
Labor and Social Security Inspection Regulations, Article 29.
- 6.
Labor and Social Security Inspection Regulations, Articles 23–32.
- 7.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2013.
- 8.
Article 3(1) of Labor Inspection Convention, 1947.
- 9.
Zengyi Xie, Study of the Administrative Agency Ordering the Employer to Bear Civil Liabilities, Contemporary Law Review, 2010, No. 3, p. 114.
- 10.
Labor and Social Security, edited by Beijing Labor and Social Security Law Society, 2013, No. 3, pp. 26–27.
- 11.
Article 21 of Labor and Social Inspection Regulations stipulates: When the employer causes harm to the employee in violation of labor and security laws and regulations, the employer has an obligation to pay damages according to law. If there is a dispute about the damages, it should be handled according to the government’s regulation regarding labor dispute resolution. For matters that should be resolved through labor dispute resolution procedures, or matters already applied for mediation, or arbitration, or a lawsuit has been filed, the labor administrative agency should inform the complainant to pursue the matter according to labor dispute resolution procedures.
- 12.
Yujuan Zhai, The Plight and Challenges of Labor Inspection in China – Examples of the Labor Administrative Agency Losing the Case Frequently, Administration and Law, 2008, No. 5, p. 76.
- 13.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2013.
- 14.
National Administration of Industry and Commerce: Nationwide Major Market Development Report, 3rd Quarter, 2013. See website http://www.saic.gov.cn/zwgk/tjzl/zhtj/bgt/201310/P020131015377705296718.pdf.
- 15.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2013.
- 16.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2010, 2011, 2012.
- 17.
Hui Sun, How Does Labor Inspection Handle Employment Discrimination Casesn, China Labor, 2010, No. 11, pp. 55–56.
- 18.
Hui Sun, How Does Labor Inspection Handle Employment Discrimination Casesn, China Labor, 2010, No. 11, pp. 55–56.
- 19.
It is very important to make certain distinctions regarding this provision. The administrative agency can only order punitive damages after the employer’s failure of fulfilling the agency’s previous order of correction. It means that the administrative agency cannot order the employer to bear punitive damages directly. This is important in both practice and theory.
References
Zengyi Xie, Study of the Administrative Agency Ordering the Employer to Bear Civil Liabilities, Contemporary Law Review, 2010, No.3
Yujuan Zhai, The Plight and Challenges of Labor Inspection in China – Examples of the Labor Administrative Agency Losing the Case Frequently, Administration and Law, 2008, No. 5
Hui Sun, How Does Labor Inspection Handle Employment Discrimination Cases, China Labor, 2010, No.11
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Xie, Z. (2015). Labor Inspection System and Employer’s Liability. In: Labor Law in China. Research Series on the Chinese Dream and China’s Development Path. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-46929-3_9
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