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Beijing Municipal Human Resources and Social Security Bureau List

发布日期:2017-12-27 Source: Spontaneous Release Date: 2017-12-27

The list of suitable random spot checks of our bureau is hereby published as follows:

Random spot check list
Types of Serial number Random spot check items Legal basis
Regulations 1 Whether the labor rules and regulations formulated by the employer violate laws and regulations Article 89 of the Labor Law
2 Whether the rules and regulations of the employer directly related to the vital interests of workers are in violation of laws and regulations Article 80 of the Labor Contract Law
Labor contract and recruitment management 3 Whether the text of the labor contract provided by the employer contains the necessary provisions of the labor contract stipulated in the Labor Contract Law Article 81 of the Labor Contract Law
4 Whether the employer has delivered the text of the labor contract to the workers Article 81 of the Labor Contract Law
5 Whether the employer violates the labor contract law and stipulates the probation period Article 83 of the Labor Contract Law
6 Whether the employer violates the provisions of the Labor Contract Law and collects property from employees in the name of guarantee or other Article 84, paragraph 2, of the Labor Contract Law
7 Whether the laborer has terminated or terminated the labor contract according to law Article 84, paragraph 3, of the Labor Contract Law
8 If the employer terminates or terminates the labor contract, shall the employees be paid economic compensation in accordance with the labor contract regulations? Article 85 of the Labor Contract Law; Article 26 of the Regulations on Labor Security Supervision
9 Does the employer issue written certificates to employees to terminate or terminate labor contracts in accordance with labor contract regulations? Article 89 of the Labor Contract Law
10 Whether the employer terminated the labor contract in accordance with the conditions stipulated in the labor law or deliberately delayed the conclusion of the labor contract Article 98 of the Labor Law; Article 24 of the Regulations on Labor Security Supervision
11 Whether the employer has failed to conclude a labor contract with the employee according to law and has not changed it within the time limit Article 51 of the “Provisions of the Beijing Labor Contract”
12 Whether the employer violates the provisions of the Labor Contract Law on the establishment of the employee register Article 33 of the Implementation Regulations of the Labor Contract Law
13 Whether the company withdraws or embezzles employee education funds in accordance with state regulations Article 67 of the Employment Promotion Act
14 Does the employer provide false recruitment information, publish false recruitment advertisements, recruit personnel without legal identity documents, or seek improper benefits or other illegal activities in the name of recruiting personnel? Regulations on Employment Services and Employment Management, Article 67
15 Is the employer using the hepatitis B virus serum index as the standard for physical examination when recruiting personnel outside of work positions prohibited by national hepatitis, administrative regulations and the health administrative department of the State Council? Regulations on Employment Services and Employment Management, Article 68
16 Whether the employer has completed the employment registration formalities for the workers in a timely manner Regulations on Employment Services and Employment Management, Article 75
17 Whether the employer has prevented employees from participating in and organizing trade unions in accordance with the law, or preventing higher-level unions from helping and guiding workers to establish trade unions Article 50 of the Trade Union Law, Article 29 of the Regulations on Labor Security Supervision, and Article 64 of the Measures of Beijing Municipality for the Implementation of the Law of the People's Republic of China on Trade Unions
18 Does the employer retaliate against the trade union staff who perform their duties without proper reasons? Article 51 of the Trade Union Law, Article 29, Item 2 of the Regulations on Labor Security Supervision, and Article 65, Paragraph 1 of the Measures of Beijing Municipality for the Implementation of the Law of the People's Republic of China on Trade Unions
19 Whether employees were terminated from labor contracts for participating in union activities or union employees were terminated for performing duties under the labor union law Article 52 of the Labor Union Law, Article 29, Items 3 and 4 of the Regulations on Labor Security Supervision, and Article 65, Paragraph 2 of the Measures of Beijing Municipality for the Implementation of the Law of the People's Republic of China on Trade Unions
20 Whether the employer has properly kept the employment registration materials of the recruited personnel or forged the employment registration materials Article 8 of the Prohibition on the Use of Child Labor
twenty one Whether the employer has serious behaviors in recruiting personnel who are not allowed to recruit personnel Article 27, paragraph 1, "Regulations on the Administration of the Beijing Talent Market"
twenty two Whether the employer has recruited the unemployed and the first-time employment personnel and failed to go through the formalities of filing on time, and was ordered to make corrections within the time limit. Regulations of Beijing Municipality on Talent Market Management, Article 33
twenty three Whether the recruitment unit has charged job applicants during recruitment activities Article 27, paragraph 1, "Regulations on the Administration of the Beijing Talent Market"
twenty four Whether the relevant person has defrauded employment assistance related subsidies through fraud, falsification of certification materials or other means Article 19 of the "Beijing Employment Assistance Regulations"
25 Whether the enterprise has violated the "Trial Measures for Enterprise Annuities" Article 21 of the Trial Measures for Enterprise Annuities
Working hours and breaks 26 Whether the employer violates labor security laws, regulations or rules to extend working hours Article 25 of the Labor Security Supervision Regulations
27 Does the employer arrange employees to take annual leave in accordance with the law or pay annual leave salary and compensation to non-leave employees? Article 7 of the Employees' Paid Annual Leave Regulations
Prohibition of child labor 28 Does the unit or individual refer to employment for minors under 16 years of age? Article 7 of the "Prohibition on the Use of Child Labor"
29 Does an employment agency introduce employment to minors under 16 years of age Article 7 of the "Prohibition on the Use of Child Labor"
30 Are units without a business license, whose business license has been revoked according to law, and units that have not been registered and filed according to the law introduced employment for minors under 16 years of age? Article 9 of the Prohibition on the Use of Child Labor
31 Does the employer use child labor in workplaces that use toxic substances? Article 6 of the Prohibition on the Use of Child Labor
32 Does the employer use child labor? Article 6 of the Prohibition on the Use of Child Labor
33 Is there any situation in which the employer has not used child labor to send it to its parents or other guardians after the period of time has been corrected by the labor security department? Article 6 of the Prohibition on the Use of Child Labor
34 Does the unit without a business license, the business license revoked according to law and the unit not registered and filed according to law use child labor Article 9 of the Prohibition on the Use of Child Labor
Special labor protection for female workers and juvenile workers 35 Whether entertainment venues recruit minors under 18 years of age Regulations on the Administration of Entertainment Places, Article 51
36 Does the employer have any of the following behaviors: prolong working hours or arrange night shifts for female employees who are more than 7 months pregnant; female employees are less than the legal number of maternity leave periods; arrange for female employees who breastfeed infants under 1 year of age to extend working hours or arrange night shifts ; Arrange for young workers to engage in underground mines, toxic and harmful, fourth-level manual labor intensity stipulated by the state, or other taboo labor; fail to conduct regular physical examinations for young workers. Article 23 of the Regulations on Labor Security Supervision, Article 6, Paragraph 2, Article 7, Article 9, Paragraph 1, Article 13, Article 13 of the Provisions on Special Protection of Female Workers 6 Article
Payroll and minimum wage 37 Does the employer have any of the following behaviors: Failure to pay labor remuneration in full and on time in accordance with the agreement of the labor contract or national regulations; paying workers' wages below the local minimum wage standard; arranging overtime without paying overtime pay Article 85 of the Labor Contract Law and Article 26 of the Regulations on Labor Security Supervision
38 Does the employer pay twice the wages or compensation to the workers every month in accordance with the provisions of the Labor Contract Law? Articles 82 and 87 of the Labor Contract Law and Article 34 of the Implementation Regulations of the Labor Contract Law
Social insurance 39 Does the employer apply for social insurance registration? Article 84 of the Social Insurance Law
40 Is the employer failing to pay the social insurance premiums in full and on time and failing to pay the social insurance premiums after the due date? Article 86 of the Social Insurance Law
41 Whether the relevant unit has violated the regulations, concealed, transferred, embezzled, misappropriated social insurance funds, or violated investment and operation Article 91 of the Social Insurance Law
42 Whether the payment unit has changed the social insurance registration items or the payment unit has completed the registration of social insurance change registration or social insurance cancellation registration with the social insurance agency in accordance with regulations after the payment unit has terminated in accordance with the law Article 23 of the Interim Regulations on the Collection and Payment of Social Insurance Premiums (Article 12 of the Measures for the Supervision and Inspection of the Collection and Payment of Social Insurance Premiums)
43 Whether the payment unit has forged the social insurance registration certificate Article 14 of the Measures for the Supervision and Inspection of the Collection and Payment of Social Insurance Premiums
44 Whether the employer has reported the amount of social insurance premiums payable to the social insurance agency, concealed the total wages or the number of employees Article 27, paragraph 1, of the Labor Security Supervision Regulations
45 Whether the paying unit announced the payment of its social insurance premiums in accordance with regulations Article 17 of the Interim Regulations on the Collection of Social Insurance Premiums (Article 14 of the Measures for the Supervision and Inspection of the Collection of Social Insurance Premiums)
46 Does the organization or individual engaged in labor capacity appraisal have any of the following situations: providing false appraisal opinions, providing false diagnosis certificates, and receiving the property of the parties Article 61 of the Work Injury Insurance Regulations
47 Does the unit or individual defraud social insurance benefits by fraud, falsification of certification materials or other means? Article 88 of the Social Insurance Law, Article 27 (2) of the Regulations on Labor Security Supervision
48 Whether social insurance agencies, medical institutions, and pharmaceutical business units, such as social insurance service agencies, have used fraud, forged certification materials, or other means to defraud social insurance fund expenditures Article 87 of the Social Insurance Law
49 Whether the employer, the work injury insurance employee or his close relatives have cheated for work injury insurance benefits Article 60 of the Work Injury Insurance Regulations
50 Whether medical institutions and assistive device deployment organizations have cheated the work injury insurance fund Article 60 of the Work Injury Insurance Regulations
51 Whether the employer has deducted the work injury insurance fund from paying the work injury employee or his dependent relatives for work injury insurance treatment Article 31, paragraph 1, of the "Beijing's Implementation of the" Regulations on Employment Injury Insurance "
52 Whether the unit or individual has defrauded the social insurance fund Article 27 (2) of the Regulations on Labor Security Supervision
53 Whether the employer has not notified the employees of the details of the payment of social insurance premiums on a monthly basis, and has been ordered to correct the overdue behavior Article 24 of the "Implementation of Several Provisions of the" Social Insurance Law of the People's Republic of China "", Article 30, paragraph 1 of the "Regulations on Labor Security Supervision"
54 Whether the payment unit violates the relevant financial, accounting, statistical laws, administrative regulations, and relevant state regulations, forges, alters, or intentionally destroys the relevant books or materials, or does not set up books, which makes it impossible to determine the social insurance premium payment base. Article 24 of the Interim Regulations on the Collection and Payment of Social Insurance Premiums
55 Whether the payment unit has violated Article 15 of the Measures for the Supervision and Inspection of the Collection and Payment of Social Insurance Premiums Article 15 of the Measures for the Supervision and Inspection of the Collection and Payment of Social Insurance Premiums
Talent market management 56 Whether the unit or individual has set up a talent intermediary service agency or engaged in talent intermediary service without authorization Regulations on the Management of the Talent Market, Article 33
57 Is there any behavior of the talent intermediary service agency to expand the scope of the license business without authorization, fail to be inspected in accordance with the law, provide false materials, or not go through the procedures for changing the license in accordance with regulations? Article 34 of the Regulations on the Management of the Talent Market
58 Whether the unit or individual has engaged in personnel agency business without authorization according to law Article 35 of the Regulations on the Management of the Talent Market
59 Does the talent intermediary service agency accept the agency business beyond the permitted business scope? Article 36 of the Regulations on the Management of the Talent Market
60 Does the employer have any behavior that refuses to hire or raise employment standards based on ethnic, gender, or religious beliefs, recruits no-recruiters, collects fees from applicants, or uses fraud to obtain illegal benefits? Regulations on the Management of the Talent Market, Article 37
61 Does the talent market intermediary service agency operate beyond the scope of business approved by the License, provide false information, make false promises, engage in mobile personnel personnel file management and related businesses in violation of regulations? Article 27, paragraph 1, "Regulations on the Administration of the Beijing Talent Market"
Labor dispatch 62 Whether the relevant unit has operated the labor dispatch business without permission Article 92, paragraph 1, of the Labor Contract Law
63 Whether the labor contract between the labor dispatch unit and the dispatched laborer contains the necessary provisions of the labor contract Articles 58 and 92 of the Labor Contract Law
64 Is there any situation that the labor dispatch unit has not signed a fixed-term labor contract with the employee for more than two years? Article 58 (2) and Article 92 of the Labor Contract Law
65 Whether the dispatched unit fails to pay the monthly salary to the dispatched unit in accordance with the minimum wage standard of the local people's government during the period of no work Article 58 (2) and Article 92 of the Labor Contract Law
66 Does the labor dispatching unit dispatch laborers without signing a labor dispatching agreement with the employing unit, or the content of the agreement does not stipulate the number of dispatched posts and personnel, the duration of dispatch, the amount of labor remuneration and social security expenses, and the payment method, and the violation of the agreement? Articles 59 and 92 of the Labor Contract Law
67 Is there a situation in the labor dispatching unit that did not inform the dispatched workers of the content of the labor dispatch agreement? Article 60, Paragraph 1, Article 92 of the Labor Contract Law
68 Whether there is any situation in the labor dispatch unit that deducts the labor remuneration paid by the labor unit to the dispatched worker in accordance with the labor dispatch agreement Article 60 (2) and (92) of the Labor Contract Law
69 Are there any circumstances in which labor dispatching units charge fees to dispatched persons? Articles 60, 3 and 92 of the Labor Contract Law
70 Are there any labor dispatching units that dispatch laborers to the employing unit or the unit to which they belong? Articles 67 and 92 of the Labor Contract Law
71 Whether the employer has not determined the dispatch period with the labor dispatch unit based on the actual needs of the job, or entered into several short-term labor dispatch agreements by dividing the continuous employment period Article 59 (2) and (92) of the Labor Contract Law
72 Whether the employer has charged the dispatched workers Article 60, paragraphs 3 and 92 of the Labor Contract Law
73 Whether the employer has not fulfilled Article 62, paragraph 1, according to law Article 62, paragraphs 1, 92 of the Labor Contract Law
74 Is there any situation in which the employer will reassign the dispatched labor to other employers? Article 62 (2) and (92) of the Labor Contract Law
75 Is there a situation in which the employer has set up a labor dispatch unit to dispatch workers to its own unit or affiliated unit? Articles 67 and 92 of the Labor Contract Law
76 Whether the unit or individual operates the labor dispatch business without permission Article 92, paragraph 1, of the Labor Contract Law
77 Does the labor dispatching unit have any of the acts 1, 2, and 3 of Article 33 of the Administrative Measures for the Implementation of Labor Dispatching Administrative Licenses when applying for the Labor Dispatching Operation Permit Article 33 of the Measures for the Implementation of Administrative Licensing for Labor Dispatching
78 Does the employer use dispatched workers in positions other than temporary, auxiliary or alternative positions? Articles 66 and 92 of the Labor Contract Law
79 The employer decides whether to use the dispatched workers to fulfill the legal procedures in Article 3, paragraph 3 of the Interim Provisions on Labor Dispatching. Articles 3, 3 and 22 of the Provisional Provisions on Labor Dispatching
80 Whether the employer has illegally returned the dispatched workers Article 92 of the Labor Contract Law and Article 24 of the Interim Provisions on Labor Dispatching
High temperature labor protection 81 Whether the employer has arranged labor operations in violation of regulations under high temperature conditions Articles 8 and 21 of the Measures for the Administration of Heatstroke and Cooling Measures
82 Whether the employer does not pay the high temperature allowance in accordance with regulations under high temperature conditions Article 17 of "Administrative Measures for Heatstroke and Cooling Measures"
Employment of foreigners, Taiwan, Hong Kong and Macao personnel 83 Whether the employer has hired or accepted dispatched personnel from Taiwan, Hong Kong or Macao, failed to apply for an employment certificate or filed for the record Regulations on Employment Management in the Mainland of Taiwan, Hong Kong and Macau, Article 16
84 Whether the employer has terminated or terminated the employment contract with Taiwanese, Hong Kong, or Macao personnel, or the term of office of the Taiwanese, Hong Kong, or Macao personnel has expired, is there any case where the employment certificate has not been cancelled? Article 17 of the "Regulations on Employment Management in the Mainland of Taiwan, Hong Kong and Macao Residents"
85 Whether the employer has forged, altered, misused, transferred Taiwan, Hong Kong, or Macao employment permits Article 18 of the "Regulations on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland"
86 Does the foreigner refuse to check the employment certificate, change the employer, change the occupation, or extend the employment period without authorization? Article 29 of the "Regulations on the Administration of Employment of Foreigners in China"
87 Whether foreigners and employers have forged, altered, used, transferred, bought or sold employment permits and permits Regulations on the Administration of Employment of Foreigners in China, Article 30
Obstructing and obstructing administrative law enforcement inspections 88 Whether the employer has obstructed inspections as stipulated in Article 30 of the Labor Security Supervision Regulations Article 30 of the Regulations on Labor Security Supervision
89 Whether the employer has violated Article 19 of the Work Injury Insurance Regulations and refused to assist in the investigation and verification of the accident Article 63 of the Work Injury Insurance Ordinance

Note: 1. The main body of the spot check is the municipal and district labor inspection agencies; 2. The way of spot check is the whole region
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