Supervision andb Inspection
Article 85 The labor administrative departments of People’s Governments at or above
the county level shall in accordance with the law supervise and inspect the
implementation of laws, rules and regulations on labor by the employing unit,
and have the power to stop any acts that run counter to laws, rules and
regulations on labor and order the rectification thereof.
Article 86 The inspectors from the labor administrative departments of People's
Governments at or above the county level shall, while performing their public
duties, have the right to enter the employing units to conduct investigations of
the implementation of laws, rules and regulations on labor, examine necessary
data and inspect labor sites.
The inspectors from the labor administrative departments of People’s
Governments at or above the county level must show their certification while
performing public duties, impartially enforce laws, and abide by relevant
stipulations.
Article 87 Relevant departments of People’s Governments at or above the county level
shall, within the scope of their respective duties and responsibilities, supervise
the implementation of laws, rules and regulations on labor by the employing
units.
Article 88 Trade unions at various levels shall, in accordance with the law, safeguard
the legitimate rights and interests of laborers, and supervise the
implementation of laws, rules and regulations on labor by the employing
units.
Any organizations or individuals shall have the right to expose and accuse
any acts in violation of laws, rules and regulations on labor.
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Chapter XII
Legal Responsibility
Article 89 Where the rules and regulations on labor formulated by the employing unit
run counter to the provisions of laws, rules and regulations, the labor
administrative department shall issue a warning to the unit and order it to
make corrections. Where any harm has been caused to laborers, the unit shall
be liable for compensation.
Article 90 Where the employing unit extends working hours of laborers in violation of
the stipulations of this Law, the labor administrative department shall issue it a
warning, order it to make corrections, and may impose a fine.
Article 91 Where an employing unit infringes in any of the following ways the legitimate
rights and interests of laborers, the labor administrative department shall
order it to pay laborers remuneration or to make up for economic losses, and
may also order it to pay compensation:
(1) the unit deducts wages or delays in paying wages to laborers without
reason;
(2) the unit refuses to pay laborers remuneration for the extended
working hours;
(3) the unit pays laborers wages below the local minimum wage standard;
or
(4) the unit fails to provide laborers with economic compensation in
accordance with the provisions of this Law after revocation of labor
contracts.
Article 92 Where the occupational safety facilities and health conditions of an employing
unit do not comply with the provisions of the State or the unit fails to provide
laborers with necessary labor protection articles or labor protection facilities,
the labor administrative department or other relevant departments shall order
it to make corrections, and may impose a fine. If circumstances are serious,
the above-mentioned departments shall apply to a People’s Government at or
above the county level for a decision to order the unit to stop production for
consolidation. If the unit fails to take measures against potential accident
which later leads to the occurrence of a serious accident and the losses of
laborers' lives and properties, criminal responsibilities shall be investigated a-
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gainst the persons in charge mutatis mutandis the stipulations of Article 187
of the Criminal Law.
Article 93 Where an employing unit forces laborers to operate at risk in violation of
rules and regulations, causing thus major accidents involving injuries, deaths,
and other serious consequences, the criminal liability of the person in charge
shall be investigated according to law.
Article 94 Where an employing unit illegally recruits juveniles under the age of 16, the
labor administrative department shall order it to make corrections, and impose
a fine. If circumstances are severe, the administrative department for industry
and commerce shall revoke its business license.
Article 95 Where an employing unit encroaches upon the legitimate rights and interests
of female and juvenile workers in violation of the stipulations of this Law on
their protection, the labor administrative department shall order it to make
corrections, and impose a fine. If harm to female and juvenile workers has
been caused, the unit shall assume the responsibility for compensation.
Article 96 Where an employing unit commits one of the following acts, the person in
charge shall be taken by a public security organ into custody for 15 days or
less, fined, or given a warning; and criminal liability of the person in charge
shall be investigated according to law if the act constitutes one of the
following crimes:
(1) laborers have been forced to work by recourse to violence,
intimidation or illegal restriction of personal freedom; or
(2) laborers have been humiliated, dealt corporal punishment, beaten,
illegally searched or detained.
Article 97 The employing unit shall bear the responsibility for compensation if the
execution of any invalid contracts is attributed to the unit and has caused
damages to laborers.
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Article 98 Employing units revoking labor contracts or purposely delaying the execution
of labor contracts in violation of the conditions specified in this Law shall be
ordered by the labor administrative department to make corrections, and shall
bear the responsibility for compensation if damage has been caused to
laborers.
Article 99 Employing units recruiting laborers whose labor contracts have not yet been
revoked shall, according to law, assume joint responsibility for compensation
if economic losses have been caused to the original employing unit of the
laborers.
Article 100 Employing units failing to pay social insurance premiums without reason shall
be ordered by the labor administrative department to pay within a fixed
period of time. If the unit still fails to make the payment beyond the time
limit, an additional arrears payment may be demanded.
Article 101 Where an employing unit unjustifiably obstructs the labor administrative
department and other relevant departments as well as their functionaries from
exercising the powers of supervision and inspection or retaliates against
informers, the labor administrative department or other relevant departments
shall impose fines upon the unit. If a crime is constituted, the criminal liability
of the person in charge shall be investigated according to law.
Article 102 Laborers who revoke labor contracts in violation of the conditions specified
in this Law or violate confidentiality terms agreed upon in the labor contracts
and thus have caused economic losses to the employing unit shall be liable for
compensation in accordance with the law.
Article 103 The functionaries of the labor administrative department or other relevant departments
who abuse their functions and powers, neglect their duties, and
engage in malpractice for selfish ends shall be investigated for criminal
responsibilities according to law if a crime is constituted, or shall be given an
administrative sanction if the offenses do not yet constitute a crime.
Article 104 The functionaries of the State or the agencies in charge of social insurance
funds who misappropriate the social insurance funds, shall be investigated for
criminal liability according to law if a crime is constituted.
Article 105 Where other laws or administrative rules and regulations have already
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specified punishments for the encroachment of the legitimate rights and
interests of laborers that also violate the stipulations of this Law, punishments
shall be given in accordance with the stipulations of those laws or
administrative rules and regulations.

Chapter XIII (责任编辑：admin)