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Measures For Administrative Reconsideration Of Labor And Social Security (2)

2007/6/28 11:58:00 40510

The sixth article disagrees with the specific administrative act of the labor security administrative departments at or above the county level, and may apply to the higher level labor and social security administrative departments for reconsideration, or to the people's governments at the corresponding levels for reconsideration.

The seventh article shall not apply to the specific administrative acts made by the legally entrusting employment service management organizations, vocational skills appraisal guidance organs, and Township labor work organizations, etc., and may apply for reconsideration to the labor and social security administrative departments at the higher level of labor and social security administrative departments entrusted with their administrative functions, or apply for administrative reconsideration to the people's governments at the same level with the labor and social security administrative departments.

The entrusted labor and social security administrative department is the respondent.

The eighth article, which is dissatisfied with the specific administrative acts made by the labor and social security administrative departments and other departments of the government in the enforcement of laws and inspections in the common name, may apply for reconsideration to their common administrative organs at the next higher level.

The labor and social security administrative department that jointly makes specific administrative acts is one of the co applicants.

Within days of review, the labor and social security administrative department shall make a decision in accordance with the following circumstances: (1) to make an acceptance decision on the acceptance of the statutory acceptance conditions and to belong to the scope of acceptance by the organ, and to make a notice of acceptance of administrative reconsideration, and serve the applicant and the respondent; the notice shall inform the date of acceptance; the two shall comply with the statutory acceptance conditions, but do not fall within the scope of acceptance of this organ, and shall notify the applicant in writing to the relevant authorities; (three) if it fails to meet the statutory acceptance conditions, it shall make a decision not to accept the decision and make a decision on the admissibility of administrative reconsideration, which shall serve the applicant, and the reasons for not being accepted should be stated in the decision. After receiving the application for reconsideration, the ninth legal organs of the labor and social security administrative departments or the institutions responsible for the work of the legal system shall, after receiving the application for reconsideration, specify the date of receipt and 5

Tenth other working bodies of the labor and social security administrative departments shall be pferred to the legal institutions immediately after receiving the application for reconsideration.

In addition to failing to comply with the statutory conditions for administrative reconsideration or accepting reconsideration applications accepted by the organ, the application for administrative reconsideration shall be accepted from the date of receipt of the legal organ of the labor and social security reconsideration organ.

When the eleventh workers and employers have disputes over the industrial injury insurance benefits and apply for arbitration to the labor dispute arbitration committee, they will not accept the conclusion of the industrial injury administrative department's work injury conclusion and apply for reconsideration to the labor security reconsideration organ. If the legal conditions are satisfied, the labor and social security reconsideration organ shall accept it.

The twelfth applicant thinks that the labor security reconsideration agency can not accept the application for reconsideration without proper reasons. It can be reflected to the higher level labor and social security administrative department. The higher level labor and social security administrative department can make the following decision after examination: (1) the application submitted by the applicant is in conformity with the statutory acceptance conditions, and the lower level labor and social security administrative department shall be ordered to accept the application. The specific administrative act that the applicant refuses to accept is made according to the labor safety laws, regulations, the regulations formulated by the people's government at or above the level, or the normative documents made by the organ, or the superior labor and social security administrative department considers it necessary to directly accept the case, which can be directly accepted;

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

Article 1 in order to prevent and correct illegal or improper specific administrative acts, protect the lawful rights and interests of citizens, legal persons or other organizations, and safeguard and supervise the administrative departments of labor and social security exercising their functions and powers according to law, these measures are formulated in accordance with the administrative reconsideration law of the People's Republic of China. Second citizens, legal persons or other organi