新时代劳动保障监察工作研究

Study on Labor Security Supervision in the New Era

劳动保障监察通过日常巡视和接受投诉等方式,行使对劳动用工领域的监督和检查职能,促进劳工双方法律关系良性运行,打击和制止违反劳动和社会保障法律、法规和规章的行为,有效地维护劳动者的合法权益。然而,在劳动用工的国际化、专业化和多元化日益发展情形下,劳动保障监察呈现出执法依据不完善、机构设置不规范、人员配备不充分、执法程序不统一、执法措施不得力等突出问题。从劳动保障监察的职能和特征出发,区分劳动保障监察与国家监察、劳动仲裁的职责范围,新时代劳动保障监察工作应当着力从完善执法依据、规范机构设置、提高人员素养、统一执法程序、加强执法手段、提高部门地位等方面进行大力改革,实现高效监察之目标。

Labor security supervision exercises the functions of supervision and inspection in the field of labor and employment through routine inspections and complaint acceptance,so as to promote the sound operation of legal relations between laborers,crack down on and suppress violations of labor and social security laws,regulations and rules,and safeguard the legitimate rights and interests of workers. The internationalization,specialization and diversification of labor employment in the new era are developing day by day. Labor security supervision mainly presents outstanding problems such as imperfect law enforcement,irregular institutional setup,inadequate staffing,inconsistent law enforcement procedures and ineffective law enforcement measures. Starting from the functions and characteristics of labor security supervision,it expounds the difference between labor security supervision and state supervision and labor arbitration. It puts forward that labor security supervision should strive to improve the law enforcement basis,standard institutional setting,improve staff quality and unified law enforcement procedures. We will vigorously reform the areas of strengthening law enforcement and improving the status of the department to achieve the goal of efficient supervision.