Measures For Administrative Reconsideration Of Labor And Social Security (1)

Article 1: in order to prevent and correct illegal or improper specific administrative acts and protect the legitimate rights and interests of citizens, legal persons or other organizations, the first safeguard measures shall be safeguards and supervised by the labor and social security administrative departments in accordance with the law of the People's Republic of China on administrative reconsideration.

The second citizens, legal persons or other organizations believe that the specific administrative acts made by the labor and social security administrative departments infringe upon their legitimate rights and interests, apply for administrative reconsideration to the labor and social security administrative departments, and the labor and social security administrative departments accept the application for administrative reconsideration and make administrative reconsideration decisions, which shall be governed by these measures.

　　第三条 公民、法人或者其他组织对劳动保障行政部门作出的下列具体行政行为不服，可以申请行政复议：　　（一）对劳动保障行政部门作出的警告、罚款、没收违法所得、没收非法财物、责令停产停业、吊销许可证等行政处罚决定不服的；　　（二）认为符合法定条件，申请劳动保障行政部门办理许可证、资格证等行政许可手续，劳动保障行政部门拒绝办理或者在法定期限内没有依法办理的；　　（三）对劳动保障行政部门作出的有关许可证、资格证等变更、中止、取消的决定不服的；　　（四）认为符合法定条件，申请劳动保障行政部门审批、审核、登记有关事项，劳动保障行政部门没有依法办理的；　　（五）认为劳动保障行政部门侵犯合法的用人自主权、工资分配权等经营自主权的；　　（六）申请劳动保障行政部门依法履行保

The laborers have the legal duty of obtaining the right to remuneration for labor, the right to rest and take leave, the right to social insurance, etc. the labor and social security administrative departments fail to perform according to law; (seven) they believe that the labor and social security administrative departments have illegal fees or illegal demands for fulfilling their obligations; (eight) they are not satisfied with the specific administrative acts of the labor protection administrative departments that identify the work-related injuries; (nine) consider that other specific administrative acts made by the labor and social security administrative departments infringe upon their legitimate rights and interests.

Fourth citizens, legal persons or other organizations believe that the specific administrative acts of the labor and social security administrative departments are not lawful according to other normative documents other than laws, regulations, regulations and documents of the State Council. When applying for administrative reconsideration for specific administrative acts, they may apply to the labor and social security reconsideration organs for examination of the normative documents.

Fifth citizens, legal persons or other organizations can not apply for administrative reconsideration: (1) between the laborers and employers, labor disputes arising from the implementation of labor protection laws, regulations, regulations and other normative documents; (two) dissatisfied with the conclusions of the disability assessment made by the labor Identification Committee; (three) dissatisfied with the arbitration decisions or rulings made by the labor dispute arbitration committee; (four) the administrative lawsuit brought to the people's court by the people's court; (four) the people's court has accepted it according to law;