Article 1 In order to protect the legitimate rights and interests of workers and build and promote harmonious labor relations, according to the specific conditions and actual needs of Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone) and the provisions of the Constitution, People's Republic of China (PRC) Labor Law, People's Republic of China (PRC) Labor Contract Law, People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law and People's Republic of China (PRC) Labor Contract Law.
Article 2 These Regulations shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employing units) in the Special Zone and laborers who have established labor relations with them.
State organs, institutions, social organizations and workers who have established labor relations with them shall be implemented with reference to these regulations.
The term "labor relations" as mentioned in these Regulations refers to the rights and obligations arising from the labor paid by the employer under the management of the employer.
Article 3 The principles of law-abiding, self-discipline, equal consultation, honesty and credibility, mutual benefit and win-win, fairness and justice shall be followed in building and promoting harmonious labor relations.
Article 4 The municipal and district people's governments (hereinafter referred to as municipal and district governments) shall take maintaining and promoting the harmony and stability of labor relations as an important duty, listen to the opinions of employers, laborers, trade union organizations and industry associations, study and formulate policies and measures related to labor relations, coordinate labor relations according to law, and promote the harmony and stability of labor relations in the region.
The people's courts and labor dispute arbitration institutions shall try labor dispute cases in a timely and fair manner according to law and actively safeguard the legitimate rights and interests of the parties.
Trade union organizations at all levels should actively perform their duties as prescribed by laws and regulations, represent and safeguard the legitimate rights and interests of workers, and promote the establishment and development of harmonious labor relations.
Other state organs, institutions, social organizations and social organizations should actively participate in building and promoting harmonious labor relations.
Article 5 The municipal and district governments shall incorporate the publicity and education of labor legal system into the annual work plan, and intensify the publicity and education of labor legal system.
The municipal and district judicial administrative departments shall, jointly with the labor administrative departments and trade unions at the same level, regularly publicize and educate the management personnel and workers of the employing units on the labor legal system.
Chapter II Rights and Obligations of Employers and Laborers
Article 6 An employing unit shall enjoy the following rights according to law:
(1) Formulating rules and regulations;
(2) Hiring and managing laborers;
(three) to participate in collective consultation;
(4) Other rights stipulated by laws and regulations.
Article 7 An employing unit shall perform the following obligations according to law:
(1) Respecting laborers and safeguarding their personal dignity;
(two) timely and full payment of labor remuneration;
(three) to ensure the rest and vacation of workers;
(four) the implementation of labor safety and health regulations;
(five) to participate in social insurance;
(six) other obligations stipulated by laws and regulations.
Article 8 Laborers shall enjoy the following rights according to law:
(1) Equal employment and career choice;
(2) Obtaining remuneration for labor;
(3) rest and vacation;
(four) to obtain labor safety and health protection;
(five) to receive vocational skills training;
(6) Organizing and joining trade unions;
(seven) to participate in collective consultation;
(8) Submitting labor disputes;
(nine) other rights stipulated by laws and regulations.
Article 9 Laborers shall perform the following obligations according to law:
(a) work hard and complete the labor task;
(two) abide by the rules and regulations formulated by the employer according to law;
(three) the implementation of labor safety and health regulations;
(4) Abide by professional ethics;
(five) to express their demands and safeguard their rights and interests through legal channels;
(six) other obligations stipulated by laws and regulations.
Article 10 An employer and a laborer shall conclude and fully perform a labor contract according to law.
After concluding a labor contract with the employee, the employer shall provide the employee with a complete Chinese version of the labor contract; Where the contents of the labor contract are changed, the Chinese version of the changed labor contract shall be provided to the laborer.
Article 11 The employing unit shall, in accordance with the law, improve democratic management through workers' congresses, workers' congresses or other legal forms, and ensure that workers exercise their democratic management rights in accordance with the law.
The employing unit shall support workers to form and join trade unions according to law and support trade union organizations to carry out activities according to law.
Article 12 When an employing unit formulates, modifies or decides rules, regulations and major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and determine them through equal consultation with the trade union or employee representatives.
The employing unit shall publicize or inform the workers of the rules and regulations directly related to their vital interests, and provide them with written texts.
Where the rules and regulations of the employing unit are inconsistent with the stipulations of the labor contract, the stipulations of the labor contract shall apply.
Article 13 An employing unit shall establish a dialogue system with laborers. The person in charge of the employing unit or its entrusted representative shall listen to the opinions, suggestions and other reasonable demands of the workers face to face.
The employer may set up a labor dispute mediation committee or mediation team composed of workers and representatives of the employer as needed.
Article 14 The employing unit shall undertake social responsibilities such as protecting the legitimate rights and interests of workers and protecting the environment.
City, district government and relevant departments should promote the standardization of social responsibility of employers, and establish an information disclosure system and incentive mechanism for employers to fulfill their social responsibilities.
Encourage employers to help and comfort workers when they encounter difficulties.
Fifteenth employers and workers should participate in social insurance according to law.
If the employer fails to pay social insurance premiums for the employees according to law, the employees shall require the employer to pay them according to law; If the employer fails to pay within one month, the employee may terminate the labor contract, and the employer shall pay economic compensation according to law.
Article 16 Where an employing unit imposes economic penalties on workers in accordance with rules and regulations, the individual and cumulative penalties in the current month shall not exceed 30% of the wages of workers in the current month, and the same punishment shall not be repeated.
The monthly salary after the implementation of the punishment shall not be lower than the minimum wage standard of the special zone announced by the municipal government.
Article 17 If the employer and the employee conclude a labor contract before employment, but the employee has not been employed, and under any of the circumstances specified in Item (3) of Article 40 and Items (1), (2), (3) and (4) of Paragraph 1 of Article 41 of the People's Republic of China (PRC) Labor Contract Law, the employer may notify the employee in advance to terminate the labor contract without paying economic compensation.
If the employer and the employee conclude a labor contract before employment, but the employee is not yet employed, and the employer terminates the labor contract illegally, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be performed, the employer shall pay the employee compensation equivalent to one month's salary standard and the necessary expenses for concluding and preparing to perform the labor contract.
The employer and the employee conclude a labor contract before employment, but the employee may notify the employer in advance to terminate the labor contract.
Article 18 To renew a fixed-term labor contract, the employer and the employee shall negotiate to renew the labor contract one month before the expiration of the labor contract. If no consensus can be reached on the renewal of the labor contract through consultation, the employer or the employee may terminate the labor relationship. Except that an open-ended labor contract shall be concluded according to law.
If the employer and the employee negotiate to extend the term of the labor contract for a total of more than six months, it shall be regarded as renewing the labor contract.
Article 19 If the employer changes its name, legal representative, principal responsible person or investor, it will not affect the performance of the labor contract, and the working years of the laborer will be counted continuously.
Article 20. For workers who have the obligation of confidentiality, the employing unit may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and after the labor contract is dissolved or terminated, the employer shall pay the economic compensation to the workers on a monthly basis within the non-competition period.
If the employer fails to pay the economic compensation in accordance with the provisions of the preceding paragraph, the employee's unit may, within 30 days from the date of violation of the agreement, require the employer to pay the unpaid economic compensation in one lump sum and continue to perform the agreement; If the laborer fails to make a one-time payment request within 30 days, he may notify the employer to terminate the non-competition agreement.
Twenty-first units engaged in labor dispatch business shall handle the registration of establishment or change of business scope according to law.
The administrative department for industry and commerce shall send a copy of the registration materials to the labor administrative department within ten working days.
Article 22 The employing unit shall abide by the provisions of the state on the working hours of laborers, guarantee their right to rest and vacation, and ensure that laborers have at least one 24-hour uninterrupted rest time every week.
Due to the needs of production and operation, the employer may extend the working hours according to law after consultation with the trade union and the workers, but it shall ensure the health of the workers.
Article 23 The calculation base of overtime wages of laborers shall be the wages for normal working hours agreed in the labor contract.
The wages for normal working hours agreed in the labor contract shall not be lower than the minimum wage standard of the special zone announced by the municipal government.
Article 24 If the employer terminates or terminates the labor contract with the employee and re-concludes the labor contract within six months, the employee's working years in this unit shall be counted continuously, except that the employee is terminated by the employer for violating Article 39 of the Labor Contract Law of People's Republic of China (PRC).
If the working years are calculated continuously in accordance with the provisions of the preceding paragraph, the paid economic compensation years shall be deducted when calculating the economic compensation years.
Article 25 The labor contract shall be terminated when the laborer reaches the statutory retirement age.
If the laborer reaches the legal retirement age and enjoys the social endowment insurance benefits on a monthly basis, the employer shall notify him to cooperate with the retirement procedures, and the laborer shall cooperate.
Workers who have reached the statutory retirement age and do not enjoy social endowment insurance benefits on a monthly basis shall be treated according to the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees.
Chapter III Collective Negotiation of Labor Relations
Article 26 The system of collective consultation and collective contract shall be fully implemented. Promote employers and workers to conclude and change collective contracts through collective consultation according to law, adjust labor remuneration, improve working conditions and resolve labor disputes.
The employing unit shall conduct collective consultation with the trade union or employee representatives on the following matters:
(a) labor remuneration, labor safety and health, insurance and welfare, wage adjustment mechanism and other collective contract related matters;
(two) to formulate, amend or decide on rules and regulations or major issues directly related to the vital interests of employees;
(3) Prevention and handling of labor disputes;
(four) other matters that both parties think need to be negotiated.
The labor administrative departments at all levels in the city and district and the trade union organizations shall give guidance and coordination to the collective consultation according to the needs.
Article 27 The employing unit shall provide necessary conditions and information for collective consultation. The trade union or employee representative who participates in the collective negotiation shall keep the business secrets of the employing unit known during the negotiation.
The necessary conditions mentioned in the preceding paragraph refer to arranging a place for collective consultation, which does not occupy the rest time of the workers participating in the collective consultation and ensures that the wages and benefits of the workers participating in the collective consultation are not affected; The information mentioned in the preceding paragraph includes the total wages of employees, operating expenses, financial status, technical transformation and equipment renewal plans, payment of social insurance premiums, and use of vocational training funds.
Where a trade union or employee representative who participates in collective negotiation fails to keep business secrets in accordance with the provisions of the first paragraph of this article, it shall be handled with reference to violation of confidentiality agreement.
Twenty-eighth a party to collective bargaining may put forward a written request for collective bargaining to the other party on the matters stipulated in the second paragraph of Article 26 of these regulations. The other party shall give a written reply within ten days from the date of receiving the request for collective consultation, and shall not refuse the collective consultation.
Twenty-ninth chief representatives of both sides of collective bargaining may entrust professionals outside their own units as their own negotiating representatives in writing. But laws and regulations prohibit it.
The number of entrusted persons shall not exceed one third of our representatives.
Thirtieth disputes in the process of collective negotiation, the two sides can not be resolved through consultation, one or both parties may submit a written request for coordination to the labor administrative department.
Thirty-first matters of collective consultation shall form a draft collective contract, which shall be submitted to the workers' congress or all the workers for discussion and adoption.
After the collective contract is signed, it shall be submitted to the labor administrative department; If the labor administrative department does not raise any objection within fifteen days from the date of receiving the text of the collective contract, the collective contract will take effect.
When signing a collective contract and an individual signing a contract at the same time, if there is any dispute, priority should be given to the terms beneficial to the workers.
Thirty-second regional and industrial trade union organizations may, on behalf of workers, conduct collective consultations or sign collective contracts with representatives of employers in their own regions and industries.
Article 33 The employing unit shall conduct collective consultation with the trade union or employee representatives on wage adjustment at least once a year. The negotiation results and reasons shall be announced to the employees.
Chapter IV Coordination, Service and Supervision of Labor Relations
Thirty-fourth municipal and district governments shall establish and improve the tripartite mechanism for coordinating labor relations, and set up municipal and district labor relations coordination committees to coordinate and handle major issues in labor relations.
The Labor Relations Coordination Committee is composed of representatives from municipal and district labor administrative departments in conjunction with trade unions and enterprise federations, general chambers of commerce, foreign-invested enterprise associations and other employer organizations.
Set up the office of the Labor Relations Coordination Committee in the municipal and district labor administrative departments as the office of the Labor Relations Coordination Committee.
Article 35 The Labor Relations Coordination Committee shall hold regular meetings to deal with the following matters:
(a) study the status quo, development trend and outstanding problems of labor relations;
(two) to put forward opinions and suggestions on the contents of laws, regulations, rules and policies concerning labor relations;
(three) to study important issues in major labor disputes and put forward guiding opinions or suggestions;
(four) to study and promote the system of collective consultation and collective contract, and to publish the model text of collective contract;
(five) other duties as prescribed by laws and regulations.
The Labor Relations Coordination Committee shall publish a work report at least once a year.
Article 36 The municipal and district labor administrative departments shall provide the following public services of labor relations under the leadership of the municipal and district governments:
(1) Employment services and employment assistance;
(2) Vocational skills training services;
(three) to formulate and popularize the model text of labor contract, and guide the employer to conclude and perform the labor contract according to law;
(four) to carry out publicity and education on labor legal system;
(five) other services as prescribed by laws and regulations.
Article 37 Establish a normal wage adjustment mechanism for laborers.
The municipal government should take measures to gradually increase the proportion of labor remuneration in the initial distribution and rationally adjust the minimum wage standard in the special zone.
The municipal labor administrative department shall, jointly with the relevant departments, put forward the guidance line for wage growth in the industry according to the economic and social development, consumer price index and industry development, and publish it in the first quarter of each year. The employer and the trade union or employee representatives may, in combination with the operating conditions of the employer, take the published industry wage growth guidelines as reference data for collective negotiation and signing collective contracts to determine wage adjustment.
Article 38 The municipal government shall establish a social insurance information retention system to promote and improve the social insurance system according to the requirements of the state for establishing a unified social insurance relationship transfer and connection system.
Article 39 Establish a credit investigation system for labor relations.
The municipal and district governments shall commend and reward employers who abide by labor laws and regulations and actively build and promote harmonious labor relations.
The relevant administrative departments shall punish the employing units that seriously violate labor laws and regulations, such as malicious unpaid wages, escaping unpaid wages, major production safety accidents, occupational hazards, etc.
The labor administrative department shall, within seven working days from the date of making the decision on administrative punishment, input the relevant administrative punishment information or notify the relevant institutions to input it into the enterprise credit information system. Credit information can be inquired.
If there is an illegal act as stipulated in the third paragraph of this article, the government and relevant departments will not accept their application for business evaluation within five years, and shall not grant them relevant honorary titles; Shall not undertake government investment projects and participate in government procurement; Shall not enjoy the relevant preferential policies of this Municipality, and the preferential policies already enjoyed shall be terminated; Its legal representative or person in charge shall not register a new enterprise in this Municipality within five years.
Fortieth, the establishment of the construction industry wage deposit system. When handling the construction permit, the construction unit shall extract a certain proportion of funds from the project funds prepaid to the construction unit and deposit them in the bank account as a guarantee for wage payment. The deposit shall be managed by the construction administrative department and supervised by the labor administrative department.
The wage payment deposit is specially used to pay the wages owed by the construction unit to the workers.
After the completion of the construction project, the construction unit may cancel the account if the employee's wages are not found to be in arrears after the examination by the labor administrative department.
Construction units that are in arrears with wages shall not be selected into the list of government construction contractors within five years after being ordered by the labor administrative department to make corrections. Those who are selected will be removed from the list.
The specific implementation measures shall be formulated separately by the municipal government.
Forty-first explore the establishment of labor-intensive employers' wage payment monitoring and early warning system. Encourage labor-intensive employers to pay workers' wages through banks. The labor administrative department shall supervise the payment of wages.
Forty-second the establishment of labor and employment information reporting system. The employer shall promptly report the following information to the labor administrative department:
(a) the basic situation of the employer;
(2) List of staff;
(three) the conclusion, dissolution and termination of the labor contract;
(four) the basic situation of wage payment;
(five) the basic situation of paying social insurance premiums;
(six) labor dispatch;
(7) Other employment information.
Information declaration should simplify the procedures for the convenience of employers.
Labor employment information shall be shared with labor dispute arbitration institutions and people's courts.
The specific measures shall be formulated separately by the municipal labor administrative department.
Forty-third labor administrative departments should strengthen labor security supervision according to law, establish and improve the labor security supervision management system, promote the grid and information construction of labor security supervision, and strengthen classified supervision.
If the legitimate rights and interests of workers are infringed, they have the right to ask the labor administrative department to handle it according to law, and the labor administrative department shall handle it within the prescribed time limit and reply the results to the parties concerned.
Any organization or individual has the right to report the employer's violation of labor laws and regulations to the labor administrative department. The labor administrative department shall, in accordance with the relevant provisions, promptly accept, investigate and verify and deal with it according to law. If the informant asks for a reply, the labor administrative department shall reply the result to the informant.
Forty-fourth labor administrative departments have the right to require the employer to provide relevant evidence when investigating the illegal acts of the employer; When necessary, relevant evidential materials may be detained.
Forty-fifth municipal and district governments shall organize relevant departments to regularly supervise and inspect the implementation of labor laws and regulations within their respective administrative areas, and announce the inspection to the public.
The municipal and district governments shall listen to the opinions of trade unions, employers and employee representatives when implementing supervision and inspection.
The municipal and district governments shall strengthen labor security supervision according to actual needs. Labor security supervision needs the cooperation of relevant departments, and the relevant departments shall cooperate.
Forty-sixth trade associations should guide and urge member units to abide by labor laws and regulations, and formulate guidelines or demonstration texts of employer rules and regulations according to the characteristics of the industry. In case of serious violation of labor laws and regulations, disciplinary actions such as informed criticism and public condemnation shall be given according to the Articles of Association.
Chapter V Handling and Relief of Labor Disputes
Article 47 In the event of a labor dispute between an employer and an employee, both parties shall fully negotiate and try to reach a settlement.
To deal with labor dispute cases, mediation should be conducted first; If mediation fails, a judgment shall be made in time.
If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
The people's court shall speed up the execution of labor dispute cases that apply for execution within the prescribed time limit.
Labor dispute mediation and arbitration are free.
Forty-eighth municipal and district governments should establish and improve the joint handling mechanism of group labor disputes and the joint meeting system composed of relevant departments to deal with group labor disputes in a timely manner.
Forty-ninth establish and improve the working mechanism of people's mediation, administrative mediation and judicial mediation of labor disputes.
The municipal judicial administrative department shall guide people's mediation organizations at all levels to establish and improve the working system of labor dispute acceptance, transfer, entrustment, information feedback and mediation, and standardize mediation documents and work processes.
All relevant departments should establish joint mediation, labor dispute mediation transfer and entrustment system to realize the convergence of various forms of labor dispute mediation.
Fiftieth major labor disputes, the municipal and district labor relations coordination committee can organize mediation. If an agreement is reached through mediation and confirmed by the labor dispute arbitration institution, an arbitration conciliation statement shall be made. If one party fails to perform arbitration and mediation, the other party may apply to the people's court for compulsory execution.
Article 51 In a labor dispute case requesting payment of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, if the laborer applies for execution first during the arbitration period, the arbitration institution may make an award of execution first and transfer it to the people's court for execution; If a laborer applies to the people's court for property preservation or prior execution, the people's court shall take judicial compulsory measures in a timely manner according to law. If the laborer applies for prior execution, he may not provide guarantee.
After the employer is declared bankrupt, in addition to the bankruptcy expenses and debts already paid, the bankruptcy property shall be given priority to pay the medical expenses for work-related injuries and the labor remuneration of the workers whose monthly salary is lower than the average monthly salary of the employees in this city in the previous year within three months before the bankruptcy declaration of the employer. Creditors who enjoy the security right to specific property in the remaining bankruptcy property shall enjoy the priority of compensation according to law.
Article 52 In case of collective stoppage or slowdowns due to labor disputes, the trade union shall negotiate with the employing unit on behalf of the laborers, reflect their opinions and demands, and propose solutions. The employing unit shall meet the reasonable demands of the workers.
If the trade union has not been established when the circumstances listed in the preceding paragraph occur, the trade union at a higher level shall negotiate with the employer on behalf of the workers or appoint representatives of the workers in accordance with the division of responsibilities.
Article 53 If the employers of water supply, power supply, gas supply, public transportation, etc. collectively stop work, go slow and close their factories due to labor disputes, which has caused or may cause one of the following consequences, the municipal and district governments may issue orders according to the actual situation, requiring the employers or workers to stop this behavior and restore normal order:
(1) endangering public safety;
(2) Disrupting the normal social and economic order and the order of citizens' life;
(3) Other consequences that seriously endanger the public interest.
The cooling-off period is 30 days from the date of issuing the order, and the employer and the employee shall not take any actions to intensify contradictions during this period. Labor administrative departments, trade union organizations and relevant industry associations shall continue to organize consultation and mediation during this period, so as to promote reconciliation between employers and workers.
Article 54 In the event of a labor dispute, the trade union shall represent or help laborers to participate in mediation, provide legal advice to laborers, and support laborers to apply for arbitration or bring a lawsuit.
Article 55 If a worker whose average monthly salary in the six months before the occurrence of a labor dispute is less than twice the minimum wage standard in the Special Zone announced by the municipal government applies for legal aid to recover his labor remuneration and medical expenses for work-related injuries, the legal aid institution shall provide him with legal aid.
Fifty-sixth workers in arbitration, litigation, life difficulties and need assistance, by the civil affairs department with reference to the provisions of the relief management to give assistance.
Article 57 The municipal judicial administrative department shall set the charging standards for lawyers' services in labor dispute cases, and lawyers shall not charge fees exceeding the standards when representing labor dispute cases. Lawyers may not represent workers in labor dispute cases by means of risk agency.
Citizens shall obtain the consent of the labor dispute arbitration institution or the people's court in the labor dispute cases within the scope of legal aid. Except as otherwise provided by law.
Article 58 In the process of labor dispute arbitration and litigation, if the laborer wins the case, the lawyer's agency fee paid by the laborer may be borne by the employer, but the maximum amount shall not exceed 5,000 yuan; The part exceeding 5000 yuan shall be borne by the laborer.
Article 59 People's procuratorates may support laborers in bringing lawsuits against major labor dispute cases.
* * * Organizations such as the Communist Youth League, the Women's Federation and the Disabled Persons' Federation shall provide legal aid to laborers in difficulty, and when necessary, support and help laborers to apply for arbitration and bring a lawsuit according to law.
Chapter VI Legal Liability
Article 60 If an employing unit violates the provisions of Article 7 of these regulations and fails to pay labor remuneration in full and on time, the labor administrative department shall punish it according to law; In any of the following circumstances, it may be ordered to suspend production or business:
1) The number of people who are in arrears with labor remuneration reaches 30% of the total number of employees of the employing unit;
(two) the amount of unpaid labor remuneration exceeds the total wages of all employees in arrears for one month by the employer;
(3) Being in arrears with labor remuneration for more than three months.
Article 61 If the employer fails to provide the Chinese version of the labor contract to the laborer in accordance with the provisions of Article 10 of these regulations, the labor administrative department shall order it to make corrections within five days; If no correction is made within the time limit, a fine shall be imposed according to the standard of 1000 yuan per person.
Article 62 If the rules and regulations of the employing unit directly related to the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections within 30 days and give a warning; If it causes damage to workers, it shall be liable for compensation.
Article 63 If an employer violates the provisions of Article 16 of these regulations and imposes economic penalties on its workers, the labor administrative department shall order it to return the part exceeding the prescribed penalty amount within five days; If no correction is made within the time limit, a fine shall be imposed according to the standard of 1000 yuan per piece.
Article 64 If the employing unit should conclude an open-ended labor contract with the employee instead of an open-ended labor contract with the employee according to law, the labor administrative department shall order it to make corrections within 15 days; If no correction is made within the time limit, a fine of 2000 yuan per person shall be imposed.
Article 65 In any of the following circumstances, the employer shall be ordered by the labor administrative department to make corrections within five days; If no correction is made within the time limit, a fine of two thousand yuan or more and ten thousand yuan or less shall be imposed:
(a) in violation of the provisions of article twenty-seventh, do not provide the necessary conditions and information needed for collective consultation;
(two) in violation of the provisions of article twenty-eighth, refused to collective bargaining.
Article 66 If an employer violates the provisions of Article 42 of these regulations and fails to report the employment information of labor relations to the labor administrative department, the labor administrative department shall order it to make corrections within 15 days; If no correction is made within the time limit, a fine of two thousand yuan shall be imposed.
Sixty-seventh employers and workers who violate the provisions of Article 53 of these regulations and do not carry out government orders shall be punished by public security organs according to law.
Sixty-eighth in violation of the provisions of article fifty-seventh of these regulations, the municipal and district judicial administrative departments shall order it to make corrections and refund the overcharged fees to the workers.
Article 69 If the labor administrative department or other relevant administrative departments and their staff violate the provisions of these Regulations and fail to perform their duties, the principal responsible person and other directly responsible personnel shall be investigated for administrative responsibility in accordance with the provisions of relevant laws and regulations; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
If the trade union organization and its staff fail to perform their statutory duties, the trade union at the same level or the trade union at a higher level shall order them to make corrections; If the circumstances are serious, re-election or recall shall be organized in accordance with the Articles of Association of People's Republic of China (PRC) Trade Union.
Chapter VII Supplementary Provisions
Article 70 The municipal government may formulate detailed rules for implementation according to these regulations.
Article 71 If this Ordinance requires the municipal government to formulate specific implementation measures and relevant departments to formulate specific provisions, the municipal government and relevant departments shall formulate them within 12 months from the date of implementation of this Ordinance.
Article 72 These Regulations shall come into force on June 1 65438+1October1day, 2008.
The above contents are for reference only.
Generally, the application materials for building harmonious labor relations have different requirements for different organizations and industries, such as trade unions, women's federations and the Communist Youth League Committee. No matter which industry organization, it has its specific requirements. You can fill out the form as required at this time.
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