Study On Labor Inspection System

Since the reform, the economic structure of China has undergone major changes. The situation has changed that State-owned enterprises dominated, the private enterprises are in large numbers showing the complex diversity of labor relations. In order to meet the needs of socialist market economy, China actively foster and develop the labor market, market allocation of labor resources is to play a fundamental role. These different employers and laborers are combined through labor market, each of them is pursuing different interests. Therefore, the contradictions and conflicts between them are inevitable. The departments of government began to use legal means to adjust the labor relations. Labor inspection system as a law enforcement system that a country intervenes in the labor relations with its public authority, it tends to protect the majority of laborers at the vulnerable side making their legitimate rights and interests realized. Labor inspection system with the feature of active enforcement can control the complex labor disputes and conflicts, and urge employers to comply with labor laws. The department of labor inspection will punish employers when they did something illegal, it corrects the action against labor law through effective means in the process to establish and carry out labor relations.This paper which is based on the theory about labor inspection system analyzes some real problems combining the foreign experience of labor enforcement, and puts forward a sound proposal of labor inspection system. The full text is divided into four parts:The first part of this article is about an overview of the labor inspection system, it mainly clarify some of the basic problems of labor inspection. In this section, at first the concept and characteristics will be explained; secondly labor inspection is compared with labor enforcement, administrative supervision, and labor supervision; thirdly the form and scope of labor inspection are elaborated; finally the necessity of labor inspection is discussed.Most scholars look the labor inspection as law enforcement of the labor administrative department from the perspective of administrative law enforcement. The reason why the labor inspection is looked as administrative law enforcement, the underlying reason is that labor relations reflects the different relations of production under the ownership, and affects arrangement of the interests of society, not just on the surface of the transfer and sale of labor. In a market economy, the owner of productions are usually a strong party, but the labors who must work for living are in a weak position clearly, so the labor relations between them is unequal. Abusing this unequal relationship is not tolerated by modern law, therefore, it is necessary to intervene by the administrative department as a third party, to monitor employers to compliance with labor standards, and make up inherent inequality. Labor inspection is a statutory power, monitoring agency is authorized by law on behalf of the country to exercise supervisory powers. Monitoring agency must be strictly in accordance with law to exercise enforcement activities, which is both its power, but also their duties. Employers monitored shall not avoid monitoring by agreements or any other means.The scope of labor inspection in the labor inspection system is an important issue, it will determine the subjects and action which labor administrative departments could inspect, and from another point of view, it determine which rights of workers could be protected by labor inspection. so it is significant for employees. There are three main claims in theory. First, all the labor laws and regulations are the legal norms of labor inspection. Employer’s actions of employment practices are all part of the object of labor inspection and labor inspection should protect a variety of labor laws and regulations to be implemented. Second, the labor inspection laws and regulations is limited to the Labor Standards Law, including minimum wage, working hours, laws, etc.. Third, labor inspection laws and regulations limited to the mandatory law. Some scholars have proposed that the range of our labor inspection is too broad, almost consistent with labor administration, it will spread in monitoring, and affecting the monitoring results. They advocate the monitoring matter should be limited mainly to the implementation of labor standards, and achieve the lowest interest-related matters.The second part of this article is to write the problems of our existing system of labor inspection. This part is to analysis the existing problem of labor inspection, and the reasons to the problem. The contents of China’s labor legislation are rough, and low-level effect, it is not tough enough to punish offenders. Emphasis on the general requirement, ignoring the specific norms of legislation led to a wide variety of features local laws, rules and regulations after another, making the lack of transparency. According to current legislation, the liability of the offender is very small, and penalties are weak. Labor administrative authorities are lack of compulsory measures. Current labor inspection emphasizes on punishment and neglects of persuasion and education.The third part is to write the overview and reference of foreign labor inspection system. This part describes labor inspection system and experience of the main foreign countries. In comparison with foreign systems, we can also see a lot of room for improvement and needs to improve. Experiences in other countries are also among the many merits. For example, paying attention on aspects of safety and health in supervision; establishing a centralized system of labor inspection; focusing on the quality of the monitoring overall.The forth part is to improve the specific proposals to the labor inspection system, including legislation for labor inspection, subject of inspection and action of inspection.However. China’s labor inspection system has its inadequacies of legislation, subject and action, it needs to constantly improve for the demand of social development. In practice, the procedural requirements of administrative action are growing, because the actions of violation for due process will be leading to legal consequences revoked. In order to improve law enforcement of labor inspectors, relevant responsibility system shall be established. With the development of market economy, it is getting more and more pronounced that the contradiction between the expansion for the content and object of labor inspection, and the limited nature of the labor inspection force. To curb the rising trend effectively in labor law cases, the employers should be monitored by the means of classification inspection.