China News Service, Shenyang, August 9th (Li Xi) A reporter learned from the Human Resources and Social Security Department of Liaoning Province on the 9th that Liaoning Province has recently formulated and issued the "List of Non-Punishment Lists for Minor Violations of Companies Involved in Human Resources and Social Security in Liaoning Province" (Hereinafter referred to as the "list"). In the administrative enforcement of labor security supervision, the 25 administrative penalties included in the list are not subject to administrative penalties if they meet the minor violations and are corrected in time.
It is reported that the Human Resources and Social Security Department of Liaoning Province is actively pursuing inclusive and prudential supervision. After the "list" is issued, for minor violations that meet the conditions for non-administrative punishment, the Human Resources and Social Security Department will adopt "one case and three books" (the employer’s letter of commitment to abide by the law, In the form of labor security supervision proposal and non-administrative penalty decision), the employer is ordered to correct the illegal behavior within a time limit. After the employer makes corrections as required and makes a commitment to abide by the law, the employer will issue labor security to the employer based on the actual situation of the employer. Supervise the proposal, take the initiative to provide legal protection for employers in a timely manner, and make a decision not to impose penalties on minor violations.
However, it maintains "zero tolerance" for illegal behaviors such as malicious delays in wages, serious overtime and overtime, and severe penalties in accordance with the law, fully embodying the spirit of the rule of law with both leniency and strictness, and providing strong legal guarantees for creating a legalized business environment.
The Human Resources and Social Security Department of Liaoning Province made it clear that the human resources and social security departments throughout the province must adhere to the principle of “no law is authorized, and statutory duties must be fulfilled”, and must not violate laws, regulations and national policies, and must not infringe upon the legitimate rights and interests of administrative counterparts.
In the case of “no administrative punishments for minor violations involving enterprises”, administrative punishment procedures and internal supervision mechanisms such as “administrative enforcement decision legal review” and “group discussion” should be established to ensure that administrative punishments are exercised in accordance with legal procedures.
For employers that do not impose administrative penalties, it is necessary to establish and complete supporting systems such as file records and credit punishment management of companies that do not impose penalties.
If an enterprise violates the law again in the same matter, the punishment shall be incorporated into the management of the social credit system, disciplinary measures shall be clarified, and the enterprise’s untrustworthiness shall be publicized to the society in accordance with the law, and social supervision shall be accepted.
At the same time, it is necessary to strictly follow the "Administrative Punishment Law of the People's Republic of China", the "Administrative Mandatory Law of the People's Republic of China" and relevant judicial interpretations, combine standardized law enforcement with humanized services, and adopt the method of administrative guidance in accordance with the circumstances listed in the list. Provide policy guidance, administrative suggestions, warnings, admonishment reminders, visits and interviews, persuasion and education, demonstration assistance, etc., replace administrative punishments with non-mandatory administrative law enforcement methods, and enhance the pertinence and effectiveness of inclusive and prudential supervision in administrative law enforcement. The combination of education and punishment will realize the combination of leniency and strictness, the coexistence of rigidity and softness, and the integration of legal principles, which will better escort the development of the enterprise. (Finish)