河南省劳动保障违法行为举报奖励
Measures for reporting and encouraging illegal labor and social security activities in Henan
2008, 08, 26, 15:52, 299
Subject category: Labor and personnel
"Labor security"
Circular of the Ministry of labour and social security of the Henan Province on Issuing the measures for awarding rewards for illegal activities concerning labor security in Henan
Provinces, municipalities and counties (municipalities) labor and Social Security Bureau, the finance bureau:
We hereby print and distribute the measures for rewarding the violation of the labor security law of the Henan, which are hereby printed and issued to you, and please abide by them. What are the new situation and problems in the process of implementation, please report to the ministries and agencies.
Enclosure:
1, Henan * * City (county, district) labor and welfare illegal reporting incentive approval form (omitted)
2, Henan * * City (county, district) labor and welfare illegal reporting incentives notice (omitted)
Two years eight, August 11th
Measures for reporting and encouraging illegal labor and social security activities in Henan
Article 1 in order to encourage the reporting of violations of labor security laws, regulations and rules of behavior, promote the comprehensive implementation of labor protection laws and regulations, according to the provisions of the "labor security supervision regulations" and other relevant laws and regulations, the enactment of this approach.
Article second in violation of labor security laws, regulations or rules of conduct (hereinafter referred to as illegal labor and social security), any organization or individual (hereinafter referred to as informants) have the right to report to the administrative department of labor security. The labor and social security administration keeps secrets for informants.
Third, the following violations of labor and social security, you can get rewards:
(1) employing units in violation of the provisions on the prohibition of the use of child labor.
(two) the employing units violate the labor law and other relevant laws, regulations and regulations concerning the special labor protection provisions for female workers and minor workers.
(three) the employing units violate the labor security laws, regulations or regulations to prolong the working hours of laborers.
(four) the declaration shall pay the amount of social insurance premiums to the social insurance agency by the employer, the total wages of employees or concealed.
(five) to defraud social insurance benefits or defraud social insurance funds by employing units or individuals.
(six) occupation agencies in violation of the "Employment Promotion Law", "employment services and employment management regulations" and other relevant laws and regulations and rules, to engage in the prohibited acts; providing false information, forgery, alteration and transfer of occupation intermediary license; without legal license of the employing units to provide occupation intermediary services.
Engaging in professional intermediary activities without permission or registration of an organization or individual.
(seven) the foreign employment agency in violation of the "Regulations" management of overseas employment agency, providing false materials for the license; to contract, subcontract etc. by other unapproved intermediary agencies or individuals to carry out intermediary activities for overseas employment; other violations of "outside the provisions" management behavior of the intermediary industry.
(eight) the dispatched service units violate the labor contract
law and other relevant labor security laws, regulations or rules.
(nine) vocational skills training institutions or professional skills assessment institutions are in violation of the relevant provisions of the state on vocational skills training or vocational skills examination and appraisal.
(ten) other major violations of labor security laws, regulations or regulations.
Fourth reporting matters, with the following conditions, shall be rewarded informants:
(1) there is a definite body of behavior that violates the labor security law, regulations or regulations in accordance with the provisions of article third of these measures;
(two) the facts and evidence provided by the informants have not been mastered by the administrative departments of labor security beforehand;
(three) the report has been verified and has been subject to administrative penalties;
(four) informants are not involved;
(five) the real name of the informant and provide effective means of contact.
Fifth informants to report violations of labor and social
security, you can take people, letters, telephone or e-mail, etc..
After the examination and approval of the reported clues received by the labor and social security administration, it decided to accept or reject it and promptly notify the informants.
The specific amount of sixth reward according to the amount confiscated 2%-5% determined, but in each case a minimum of not less than 200 yuan, the maximum not more than 2000 yuan.
The tenth paragraph of article third of the informants to report other major violations of labor security laws and regulations and rules of behavior and provide important clues and evidence, the administrative departments of labor security to investigate, no fines, may be prescribed in the preceding paragraph, the range of appropriate reward.
Seventh, the same facts have many people reported, the first informants reward; to the same fact, many people jointly reported, as a whistleblower reward.
Article eighth the administrative departments of labor security decided to reward informants, shall determine the award according to the whistleblower's wishes, and by letter or telephone notification informants.
By the reward informants according to the situation, choose to receive the award, the award award recipients or commissioned by the mail way. When an informer or a client receives a bonus,
he or she shall bring his identity card or other valid documents
After receiving the whistleblower reward notice within 3 months from the date of acceptance, in accordance with the confirmation way to receive the prize; fails to receive, as a waiver.
Ninth administrative departments of labor and social security shall establish an examination and approval system for reporting rewards and rewards. Comply with the conditions of the award reported cases, in 10 working days after the trial, the case handling people fill out the "labor security violations reward approval", the reward object and reward amount, daily labor security supervision department responsible for the audit, the labor security administrative department responsible for examination and approval.
The tenth reward funds shall be arranged by the same level of Finance in the annual budget and technical secondary school. Financial departments and labor security departments at all levels should establish and improve the management system of reward funds, strengthen supervision and ensure special funds for special use. The state organ and its personnel are in violation of the provisions to use cheat reward fund, shall be ordered to correct, and depending on the seriousness give corresponding administrative sanctions; constitute a crime, transferred to judicial organs for criminal responsibility according to law.
Article eleventh of these measures by the provincial labor and social security department in conjunction with the Provincial
Department of finance is responsible for the interpretation.