The administrative department of labor under the State Council supervises and administers the implementation of the labor contract system nationwide, while the local administrative departments of labor shall be in charge of the implementation of the labor contract system in their own administrative areas, and shall listen to the opinions of the trade unions, the enterprise representatives and the departments in charge of the specific industries. It’s important to know how the supervision and inspection work.
1. Here are the matters that the local administrative departments shall supervise and inspect:
- The rules and regulations made by the employing units that have a direct bearing on the immediate interests of the workers, and the implementation of such rules and regulations;
- Conclusion and revocation of labor contracts between workers and employing units;
- Compliance with the relevant regulations on labor dispatch by the labor-dispatching units and the receiving units;
- Compliance with the State regulations on working hours, rest and vocation of workers by the employing units;
- Payment by the employing units of labor remuneration as stated in the labor contracts, and their compliance with the minimum wage standards;
- Purchase of the different types of social insurance and payment of social insurance premiums by the employing units for the workers;
- Other labor supervision and inspection matters stipulated by laws and regulations.
2. When the local administrative department of labor conducts supervision and inspection, it shall have the right to check the materials about labor contracts and collective contracts and to conduct onsite inspection of the workplaces.
Both the employing units and the workers shall genuinely provide relevant information and materials, while the supervisors/inspectors shall present their papers, exercise their duties and powers in accordance with the law and enforce the law in a polite manner.
3. The local supervision and administration departments of construction, health, work safety, etc. shall supervise and administer the implementation of the labor contract system by the employing units within the scopes of their respective duties.
4. If a worker’s legal rights and interests are infringed upon, he or she may request the relevant department to address such infringement or to apply for arbitration or bring a lawsuit in accordance with law.
5. The trade unions shall protect the legal rights and interests of the workers in adherence to law and supervise the employing units’ performance of labor contracts and collective contracts. If an employing unit violates the labor laws or regulations or breaches a labor contract or a collective contract, the trade union concerned may put forward its opinions or request rectification. When a worker applies for arbitration or brings a lawsuit, the trade union concerned shall support and assist him according to law.
6. Any organizations and individuals have the right to inform against violations of the Labor Contract Law of China, and the local administrative departments of labor shall verify and deal with such violations in time and reward the ones that perform meritorious service.
The supervision and inspection of the labor contract system ensures that labor contracts are concluded and executed properly and protects the legal rights of the workers. All employing units shall keep an eye on this and perform their obligations according to law. Want to learn more about the Chinese Labor Contract Law? Feel free to take advantages of this guide provide by INS.