LMI [1994]No. 448 issued by the Ministry of Labour on November 14,1994

Article 1 These Measures are worked out in accordance with the relevant provisions on the personnel of supervision and inspection as stipulated by the Labour Law of the People’s Republic of China in order to strengthen the administrative work of labour inspectors, regulate the acts of labour inspection, improve the qualities for labour inspection, and ensure the implementation of laws and regulations on labour.

Article 2 The labour administrative departments of the people’s governments at or above the county level shall conduct the administration and supervision over labour inspectors according to these Measures.

The administrative work of inspectors of labour safety and health shall apply to the present Measures.

Article 3 Labour inspectors are the personnel from the labour administrative departments of the people’s governments at or above the county level who perform the public duties of labour supervision and inspection.

Article 4 Labour inspectors must adhere to the principles of enforcing the laws with the manner of seriousness and civilization. They are required to persist that laws must be observed and enforced, and that all violators must be brought to justice.

Article 5 The labour administrative departments of the people’s governments at or above the county level shall institute full-time labour inspectors and part-time labour inspectors according to the needs of work. Full-time labour inspectors are the personnel of the labour administrative departments who are specially engaged in the work of labour inspection; part-time inspectors are the personnel who are not specially engaged in the work of labour inspection.

Part-time inspectors shall be mainly in charge of the special inspection relating to their business. If an employing units is inflicted a punishment on, it must be done by Part-time inspectors in consultation with full-time inspectors.

Article 6 The labour inspectors shall, while performing their public duties, have the right to enter the employing units to make investigations about the implementation of laws and regulations on labour, examine necessary data, and inspect labour sites.

The labour inspectors must show their labour inspection certificates of the People’s Republic of China while performing public duties, impartially enforce laws, and abide by relevant stipulations.

Article 7 Labour inspectors shall meet the following requirements:

(1) to seriously implement laws, regulations and polices of the State;

(2) to be familiar with the labour affairs, skillfully master and apply laws and regulations on labour;

(3) to stick to the principles, have moral integrity, be diligent and honest in performing official duties; and

(4) to have engaged in labour administration in labour administrative departments for not less than three years, have received labour inspection training and passed the examination sponsored by the labour administrative department under the State Council or the labour administrative departments at the province level.

Article 8 The work of training labour inspectors shall be incorporated in the plan for training public servants in labour administrative departments, and handled according to relevant provisions on training public servants.

Article 9 The procedures to appoint labour inspectors are as follows:

In case of the appointment of full-time labour inspectors under labour administrative departments, the labour inspection organizations shall be responsible for making proposals for the candidates to be appointed, and fill in the examination and approval forms of labour inspectors of the People’s Republic of China, and submit the forms to the leaders of labour administrative departments for approval with the examination and verification of administrative organizations of personnel affairs at the same level; in case of the appointment of part-time labour inspectors according to the provisions, and fill in the examination and approval forms of labour inspectors of the People’s Republic of China, and submit the forms to the leaders of labour administrative departments for approval with the examination and verification of labour inspection organizations and administrative organizations of personnel affairs at the same level. The labour inspection organizations shall handle the formalities of issuing the labour inspection certificates of the People’s Republic of China to the labour inspectors whose appointment has been approved.

After the appointment of labour inspectors, the statistical forms of labour inspection certificates of the People’s Republic of China shall be filled in by local labour administrative departments at all levels according to the provisions, and level by level reported to the labour administrative departments of provinces. The labour administrative departments of provinces shall collect the forms and submit them to the labour administrative department under the State Council for the record.

Article 10 The labour administrative department under the State council supervise the manufacture of the labour inspection certificates of the People’s Republic of China in a unified way.

Article 11 If a labour inspector loses his labour inspection certificate, he shall immediately report it to the unit issuing the certificate. The issuing unit shall declare it invalid in the newspapers and reissue a new certificate to the loser after its examination and verification.

If a labour inspector is transferred from his original unit, or no longer directly undertakes the task of labour inspection, the organ of making appointment shall relieve him of his post. The labour inspection organization shall be responsible for recalling his inspection certificate and returning it to the issuing organ to nullify it.

Article 12 The system of examination and verification for labour inspectors shall practice in every three years. The inspectors who pass the examinations and verification shall be reissued with a new certificates and fill in the statistical forms of labour inspection certificates of the People’s Republic of China for the submission according to the stipulations of the second paragraph of Article 9 of these Measures.

If the certificate holders are not examined and verified according to the provisions or not qualified for the work of labour inspection after examination and verification, their labour inspection certificates of the People’s Republic of China shall be revoked.

Article 13 The labour administrative departments at various levels shall establish a system of training labour inspectors, make plans for training, and organize to train labour inspectors in professional technology and ability and the knowledge of vocational theories according to the requirements of post so as to raise the political and professional qualities of inspectors.

Article 14 The labour administrative department shall award the labour inspectors who enforce laws in an exemplary way and have made remarkable achievements in accordance with the interim regulations on State public servants.

Article 15 Supervision over labour inspectors shall be strengthened. The labour inspectors. Who overstep their powers or use labour inspection certificates on the occasion of non-of-ficial business, or engage n malpractices for selfish ends, or violate laws and disciplines shall be criticized; if circumstances are serious, the organ of making appointment shall cancel their appointments, revoke their labour inspection certificates and give them administrative sanctions; if acts violate the provisions of the Criminal Law, the judicial organs shall make investigations and affix the criminal responsibilities in accordance with the law.

Article 16 These Measures shall be implemented as of January1, 1995.