As an important law enforcement force in the field of human resources and social security, with the development of society and the increasing complexity of labor relations, the original labor and social security inspection system can no longer fully meet the needs of the new situation. At present, the labor and social security inspection brigades (general corps and detachments, hereinafter referred to as the "labor inspection brigades") have been abolished in many places across the country.
Will the abolition of the Labor Inspection Brigade affect the protection of workers' rights? The answer is of course not, because the purpose of this reform is to achieve the integration and optimization of administrative law enforcement resources, better protect the legitimate rights and interests of workers, and promote the harmony and stability of labor relations. Workers can still claim their legitimate labor rights and interests when they encounter wage arrears, overtime work, failure to pay social insurance, etc. After the abolition of the Labor Inspection Brigade, the original labor inspection and law enforcement agency team and corresponding functions will be undertaken and exercised by the internal departments of the Human Resources and Social Security Bureau (i.e., the Human Resources and Social Security Bureau) or other departments, and workers can go to the undertaking department to claim their labor rights and interests.
1. Who undertakes the labor security supervision function?
After the abolition of the Labor Inspection Brigade as an important labor and social security organization, where will the baton of labor and social security inspection be passed? This issue touches the hearts of every worker.
(1) Labor and social security administrative departments: take over the baton steadily and safeguard rights and interests
After the abolition of the Labor Inspection Brigade, its main functions of labor inspection and protection of labor rights and interests will first be "taken over" by the labor and social security administrative department. As the administrative organ of the state in the field of labor security, the labor and social security administrative department has the duty to supervise and inspect the employers' compliance with labor security laws, regulations and rules, and will continue to perform their duties of safeguarding the rights and interests of workers, regulating the employment behavior of enterprises, and promoting the harmony and stability of labor relations.
(2) Merge labor arbitration and labor inspection: merge the two into one, efficient and convenient for the people
In some regions, labour arbitration is combined with labour inspection. The advantage of this is that it can better integrate resources, improve work efficiency, and make it easier for workers to defend their rights. In the past, when labor security disputes arose, there might be situations where the labor inspection brigade and the labor arbitration institution "kicked the ball" with each other, or even after the labor inspection had still been inconclusive after a long labor inspection, it would take a lot of time and energy to turn to the labor arbitration institution for handling. Now, after the merger of the two institutions, there will be no mutual disputes, and workers can apply to the local labor arbitration institution for arbitration when encountering labor disputes, and can also file complaints and reports through the agency to protect their rights and interests. (3) Labor and social security service institutions: active guarding, full service The function of labor inspection has been completely reinterpreted in some places - it has been integrated into labor and social security service institutions. The specific names may vary, such as "Labor Security Service Center", "Labor Rights Protection Center", etc., which often integrate multiple functions such as labor inspection, dispute resolution, mediation, employment, social security, training, etc., to realize the whole process of service from consultation, complaint to handling, and provide comprehensive and convenient rights and interests protection services for workers. (4) Inclusion in the Letters and Visits Department: Listen to the Voices of the People and Handle Complaints and Complaints Complaints and reports involving labor security violations in individual localities shall be included in the procedures for letters and visits. Such as Jiangxi Provincial Department of Human Resources and Social Security. (5) Comprehensive Administrative Law Enforcement Department: Strict Law Enforcement, Supervision of Violations The comprehensive administrative law enforcement department, an important law enforcement force of the government, has also taken over the heavy responsibility of labor security supervision in some places. The comprehensive administrative law enforcement department (the name of the comprehensive administrative law enforcement bureau, the comprehensive administrative law enforcement corps, the administrative law enforcement team, etc.) shall supervise and inspect the violations of labor security laws and regulations.
(6) City management department: city appearance and sanitation, employment supervision
In some special areas, the city administration bureau is not only responsible for the city's appearance and sanitation work, but also shoulders the responsibility of labor and social security supervision. They conduct detailed investigation and strict supervision of the employment behavior of employers to ensure that the legitimate rights and interests of workers are not infringed upon, and contribute to the harmony and stability of the city.
2. How should workers protect their rights?
In the face of the undertaking and change of the labor security supervision function, when an employee encounters a labor dispute or has his or her rights and interests damaged, he or she may take the following measures to protect his or her legitimate rights and interests:
(1) Understand the law and protect yourself. Workers need to have an in-depth understanding of the state's laws and regulations on labor security, clarify their rights and obligations, and strengthen their awareness of self-protection. When signing an employment contract, it is important to read the terms and conditions carefully to understand your rights and obligations. At work, abide by the rules and regulations to ensure that labor rights and interests are not infringed. When defending your rights, don't forget to keep key evidence, such as pay stubs, labor contracts, and proof of social security contributions, so that you can better protect your rights.
(2) Be brave enough to say no and complain in accordance with the law. When an employee encounters an illegal act such as wage arrears or non-payment of social security by the employer, he or she can go to the local human resources and social security department, the labor security service center, and the comprehensive administrative law enforcement bureau, call the complaint hotline of the local comprehensive labor and social security law enforcement department, call 12345, and make an online complaint through the official website to protect his or her rights and interests.
(3) Legal aid to help protect rights. In the process of defending rights, workers may encounter various legal problems or need legal support, and can apply for legal aid from local legal aid agencies. Legal aid institutions will provide legal aid services such as legal consultation and litigation to help workers protect their rights.
(4) Harmony is precious, and mediation is the priority. It is also a kind of wisdom to find a way to reconcile in the midst of strife. Trade unions, people's mediation institutions, etc. can provide you with mediation services to resolve labor and employment disputes.
(5) Apply for arbitration and assert rights and interests. When the dispute cannot be resolved through mediation, the employee may apply to the Labor Dispute Arbitration Commission for arbitration, claiming wage arrears, overtime pay, economic compensation, compensation, unused annual leave wages, etc.
(6) A court trial to put an end to the dispute. If the employee is not satisfied with the labor arbitration award, the employee has the right to file a lawsuit with the people's court.
3. Where have the Labor and Social Security Inspectorate been abolished?
1. Ganzhou District Labor and Social Security Supervision Brigade, Zhangye City, Gansu Province: The Ganzhou District Human Resources and Social Security Bureau issued an announcement to cancel the Ganzhou District Labor and Social Security Supervision Brigade on May 23, 2024. (June 13, 2024)
2. Gannan County Labor and Social Security Supervision Brigade: The Gannan County Human Resources and Social Security Bureau issued the "Announcement on Relevant Matters after the Abolition of the Gannan County Labor and Social Security Supervision Brigade", and the Gannan County Labor and Social Security Supervision Brigade was abolished due to institutional reform, and the original labor and social security inspection functions have all been returned to the county human resources and social security bureau. (June 4, 2024)
3. Labor and Social Security Supervision Brigade of Luozhuang District, Linyi City, Shandong Province: In accordance with the relevant provisions of the "Interim Regulations on the Registration and Administration of Public Institutions", with the consent of the organizer, it is proposed to apply to the registration management authority of public institutions for cancellation of registration. A liquidation group has been established. (23 April 2024)
4. Yunnan Pu'er Labor and Social Security Supervision Detachment: The Pu'er Municipal Human Resources and Social Security Bureau issued the "Announcement on the Proposed Application for Simple Cancellation of Registration of the Pu'er Labor and Social Security Supervision Detachment". (23 January 2024)
In addition, the Jiangxi Provincial Labor Inspection Corps, the Shangcheng District Labor and Social Security Supervision Brigade of Hangzhou City, Zhejiang Province, the Labor Inspection Brigade of Liandu District, Lishui City, the Longwan District Labor Inspection Brigade, the Sanmen County Labor Inspection Brigade, the Jingning County Labor Inspection Brigade, the Daishan County Labor Inspection Brigade, the Dongyang City Labor Inspection Brigade, the Zhoushan Dinghai District Labor Inspection Brigade, the Yuyao Labor and Social Security Supervision and Law Enforcement Service Center, the Taizhou Labor and Social Security Supervision Detachment, the Yuhuan Labor and Social Security Supervision Brigade, the Yudu County Labor Inspection Brigade of Ganzhou City, Jiangxi Province, Fujian Sanming City Labor and Social Security Supervision Detachment, Guangxi Hezhou City Babu District Labor and Social Security Supervision Brigade, Guizhou Province Tongzi County Labor and Social Security Supervision Brigade, Tianjin Hedong Labor and Social Security Supervision and Law Enforcement Brigade, Jiangsu Province Qidong City Labor and Social Security Supervision Brigade, Sichuan Guangyuan City Labor and Social Security Supervision Detachment,
In short, the abolition of the Labor and Social Security Inspectorate is only a microcosm of the optimization and innovation of the organization. Far from weakening the power to protect workers' rights and interests, this move heralds the advent of a new phase of more efficient and professional labor and social security inspections. The purpose of this reform is to build a more refined and accurate labor security supervision framework, so that every worker can feel more nuanced care and support on the road to rights protection.