Hangzhou labor resources social security bureau

According to the Notice of the General Office of the State Council City, the General Office of the Central Committee of the CPC on Printing and Distributing the Provisions on the Supervision of the Construction and Responsibility Implementation of the Government under the Rule of Law (No.28 [2019]), the annual work of the Hangzhou Municipal Bureau of Human Resources and Social Security in 2020 is reported as follows.

First, the main measures and achievements of promoting the construction of a government ruled by law in 2020

The year 2020 is the last year, the key year and the year of summing up the implementation of the Outline for the Construction of a Government under the Rule of Law 2015-2020. Over the past year, in order to win the construction of a "society ruled by law" system, the Hangzhou Municipal Bureau of Human Resources and Social Security has continued to closely focus on the Notice of Ministry of Human Resources and Social Security on Printing and Distributing the Implementation Outline of the Rule of Law Construction of Human Resources and Social Security for 2016-2020 (No.82 issued by the Ministry of Human Resources and Social Security [2016]) and the major reform tasks of the human social security system, earnestly implemented the key points of the provincial offices and the municipal government on the construction of a government ruled by law in 2020, and actively used the rule of law thinking and methods.

(1) Strengthening administrative guidance and steadily advancing law enforcement during epidemic prevention and control.

Affected by the epidemic situation in COVID-19 in 2020, the task of law enforcement of human social security in the city is particularly arduous. In order to do a good job in the law enforcement of human social security in a special period, according to the deployment arrangements of higher authorities, the law enforcement mode of combining comprehensive publicity with flexible law enforcement is adopted. Through SMS, official website, WeChat WeChat official account, holding a press conference, issuing notices and other forms to publicize and inform the special policies such as handling labor relations and handling social insurance business during the epidemic, guide employers to handle labor relations according to laws and regulations, and inform the general public of the handling methods of social insurance business during the epidemic. We will implement measures such as online receipt, online handling, no face-to-face handling, and no limitation during the epidemic response period, which will not affect the distribution of social insurance benefits, so as to provide humanized human social security services for the citizens. The human resources and social security departments at all levels in the city conscientiously implement the Guidelines for Administrative Law Enforcement during the Prevention and Control of Epidemic in COVID-19, strengthen the guidance for law enforcement related to the prevention and control of epidemic in COVID-19, organize the editing of epidemic-related law enforcement cases, arrange law enforcement personnel to learn the compilation of epidemic-related cases, and at the same time combine administrative law enforcement, daily legal services and rule of law publicity, and strengthen administrative guidance to promote flexible law enforcement while effectively punishing major illegal acts according to law.

(B) give play to the effectiveness of policies, and standardize the management of documents efficiently and scientifically.

A total of 10 normative documents were issued throughout the year, among which three documents, such as Notice on Further Implementing Relevant Policies on Employment Security and Employment Promotion for Enterprises Returning to Work, were formulated to help enterprises affected by the epidemic to resume production as soon as possible and maintain the overall stability of the employment situation. In order to give full play to the maximum effectiveness of the policies, our bureau initiated a simple procedure for issuing normative documents for the first time according to the Measures for the Administration of Administrative Normative Documents in Zhejiang Province, which achieved the goal of shortening the procedure time without reducing the quality level. We will continue to implement the responsibility of managing legislative and normative documents. In 2020, we will review the legality of five joint normative documents and discuss them collectively, solicit opinions and feedback from 26 legislative and normative documents, and participate in discussions on three legislative and normative document projects. We will comprehensively carry out the special work of sorting out policies and regulations, examine the implementation of existing policies and regulations in various business areas, and timely revise and improve policy documents that are not suitable for economic and social development and violate the provisions of the upper-level law. The city’s human resources and social security system has sorted out 683 policies and regulations, expressed reservations on 503 documents, proposed abolition opinions on 141 policy documents, and proposed amendments to 39 documents. Carry out a special clean-up of policies and measure that hinder that unified market and fair competition,The special clean-up of administrative normative documents that are inconsistent, unconnected and unsuitable with the Regulations on Optimizing the Business Environment and the Regulations on Promoting the Development of Private Enterprises in Zhejiang Province, and the People’s Republic of China (PRC) Civil Code involve the clean-up of administrative regulations, rules and administrative normative documents, and it is not found that the normative documents issued by our bureau violate fair competition, hinder the development of private enterprises and conflict with the People’s Republic of China (PRC) Civil Code.

(three) to strengthen law enforcement supervision, administrative behavior to maintain standardized and efficient.

Continue to implement the "three systems" of administrative law enforcement"According to the deployment of the Provincial Department of Human Resources and Social Security and the Municipal Bureau of Justice, our bureau carries out the "three systems" of administrative law enforcement within the system."Supervision and inspection work, by welcoming supervision and inspection, concentrate on leak detection and filling vacancies to ensure standardized and efficient administrative law enforcement behavior. Organize the evaluation of administrative law enforcement files, spot-check 251 administrative license, administrative punishment and administrative confirmation files of bureau organs and district/county (city) human resources and social security bureaus, summarize and sort out the evaluation results and feed them back to the inspected departments for rectification and improvement. Dynamically adjust and standardize the discretion of administrative punishment. In 2020, according to the adjustment of laws and regulations and the actual institutional reform, the Measures for the Application of Administrative Punishment Discretion of Human Resources and Social Security in Hangzhou will be revised and published in the form of normative documents. Fully promote the use of the "internet plus Supervision" platform for administrative law enforcement in Zhejiang Province, and do a good job in maintaining and updating the two databases of the employer database and the law enforcement personnel database as required, and the opening rate of law enforcement personnel accounts is 100%; A total of 204 items were claimed in the national affairs library and the provincial power affairs supervision library, and all the items were compiled according to the requirements, and the claim rate reached 100%; In the whole year, we organized and arranged 10 special inspections, such as the special action of migrant workers’ wage payment, the special inspection of labor dispatch units and the special inspection of human resources market, and successively selected and inspected 75 employers through "double random", and the coverage rate of "double random" inspections reached 100%. Active use of "handheld law enforcement" to carry out supervision and inspection, "handheld law enforcement activation rate" and "handheld law enforcement application rate" have also reached 100%. Further play the basic role of credit in innovating supervision mechanism and improving supervision ability, and upload data of 18 information categories.A total of 300 million pieces of data were uploaded throughout the year; Improve the credit joint punishment mechanism, strengthen the implementation of classified and graded supervision, and complete a total of 134,695 credit ratings of enterprise labor security compliance in 2019, including 134,334 A-level, 196 B-level and 165 C-level, and publish the website of one enterprise that meets the "blacklist" and push it to the municipal market supervision bureau and other departments to implement joint credit punishment; Actively explore credit repair work, gradually establish a credit repair mechanism, standardize the internal approval process of credit repair, and set up a credit repair window for bad credit subjects in the labor security supervision detachment of our bureau to provide credit repair services for untrustworthy market subjects. A total of two enterprises proposed credit repair throughout the year. Carry out the work of cleaning up administrative law enforcement certificates, according to the establishment and merger of administrative law enforcement subjects after institutional reform, do a good job in the confirmation of administrative law enforcement subjects, sorting out personnel, checking and checking certificates, and supplementing relevant materials. The certificate-holding rate of the staff in the organs reached 97.18%.

(D) Strict implementation of procedures to promote scientific, democratic and rule-based decision-making.

Strictly implement the procedures for the introduction of major administrative decisions. In 2020, the major administrative decisions issued by our bureau have fulfilled the procedures of soliciting opinions, legality review and collective discussion in accordance with regulations; Actively implement the catalogue management regulations for major administrative decisions, and publicize the nine major administrative decisions issued in 2020 in the form of a list in advance on the official website of Human Resources and Social Security; Carry out the evaluation of the implementation after the decision. In 2020, three major administrative decisions that have been implemented for one year were evaluated, and one of them was entrusted to the expert group of Zhejiang Gongshang University for evaluation, and the application results were good. To strengthen the management of administrative contracts, a total of 54 administrative contracts were signed, except for government procurement contracts, which were all reviewed by law before signing; Strengthen the filing management of administrative contracts, and timely file an administrative contract with a target of 11 million. Give full play to the guiding role of the bureau’s legal adviser and public lawyers. Since 2020, the bureau’s legal adviser has reviewed 12 administrative contracts for our bureau, provided 8 lawyers’ opinions, represented 7 administrative dispute cases, assisted in handling 2 lawyers’ letters and people’s court investigation letters, and participated in the discussion of major law enforcement cases once; The team of public lawyers in the bureau has further expanded. In 2020, one public lawyer was added, and the number of public lawyers in the bureau reached two.

(five) to perform their duties according to law and comprehensively promote the reform of the administrative examination and approval system.

Solidly promote the "streamline administration, delegate power, strengthen regulation and improve services" reform and strengthen the transformation of government functions. According to the "Decision of the State Council on Cancelling and Decentralizing a Batch of Administrative Licensing Matters", our bureau comprehensively cleaned up the administrative licensing matters according to laws and regulations, clarified the handling levels of 11 administrative licensing matters through cleaning up, and optimized the handling process; The "Measures for the Reform of Optimizing Examination and Approval Services for Labor Dispatch in Hangzhou" was issued, which further clarified the division of jurisdiction and the regulatory requirements after licensing, and further promoted the standardization and legalization of licensing, supervision and guidance of this matter. By means of informing commitment, information sharing, internal verification of government departments or inter-departmental verification, network verification, etc., enterprises and people do not need to provide proof materials when they go to the human and social departments. Since 2020, the system of our bureau has cleared 113 kinds of proof materials, including 3 directly cancelled, 101 data sharing, 5 informing commitments and 4 retained, with a compression ratio of 96%.

(six) pay attention to the settlement of disputes, administrative disputes have been dealt with legally.

We will continue to vigorously carry out the special rectification activities of "two highs and one low" in the system, handle administrative disputes properly, strive to control the number of cases, try our best to reduce the loss rate and actively improve the mediation rate. By the end of December, our bureau had answered 15 cases of administrative reconsideration, and 14 cases had been closed (including 6 cases carried over from the previous year), including 10 cases of maintaining our specific administrative actions and 4 cases of withdrawing administrative reconsideration applications after mediation, with a mediation rate of 28.57%. Responded to 31 administrative litigation cases (including 20 cases of first instance and 11 cases of second instance). 19 cases of first instance have been closed (including 4 cases carried over from the previous year), and 5 cases are still under trial. Among the closed cases, the plaintiff’s claim was rejected, 15 specific administrative actions were maintained, and 3 administrative litigation cases were withdrawn after mediation; One administrative litigation case was revoked, and the failure rate of administrative litigation cases was 5%. The leaders of the Bureau attached great importance to the handling of administrative disputes and actively participated in the trial of administrative litigation cases. In all cases, the person in charge appeared in court as required, of which the director appeared in court twice, and the attendance rate of the person in charge of the administrative organ in the first instance reached 100%. Actively do a good job in the coordination and handling of dispute cases, and guide the county (city) Human Resources and Social Security Bureau to carry out this work. Since 2020, our bureau has repeatedly reported to relevant departments on issues such as labor inspection, seniority determination, work injury determination and treatment payment found in cases. Do a good job in the implementation, rectification and feedback of judicial and reconsideration proposals,According to the opinions and suggestions put forward by Zhejiang-Hangzhou Fajian [2020] No.1 Judicial Proposal and Hangzhou Zhengfu [2020] No.427 Reconsideration Proposal, the relevant law enforcement actions were rectified and improved, and feedback was given within the statutory time limit. According to the requirements of the Notice of the Provincial Department of Justice on "Looking Back" on the Implementation of Administrative Reconsideration Correction Cases and the Implementation of Administrative Reconsideration Opinions (Proposals), the case of Zhejiang Jifu No.11 [2017] 7 involved by our bureau was "looked back" and the implementation was reported. Organize and carry out research on the handling of administrative disputes and the construction of the rule of law team. Through research, it is confirmed that there are 61 rule of law staff in the people’s social system in the city to participate in the handling of administrative disputes.

(7) Strong propaganda atmosphere, starting the "Seventh Five-Year Plan" final battle of popularizing the law.

Organize and carry out normal chemical law activities for law enforcement personnel in the human social security system. Faced with the new situation of normalized epidemic prevention and control and resumption of production, our bureau organized all staff to study the decision-making arrangements of central provinces and cities on epidemic prevention and control and stable economic and stable development of enterprises, and compiled and organized the compilation of labor and employment policies and cases during epidemic prevention and control. According to the newly issued policies and regulations, two new regulations, namely, Regulations on Guaranteeing Wage Payment of Migrant Workers and Regulations on Promoting the Development of Private Enterprises in Zhejiang Province, were widely organized and studied in the system, and professors from Zhejiang University were invited to teach the Civil Code of People’s Republic of China (PRC) for all staff, so as to improve the professional legal knowledge and comprehensive legal knowledge level of people’s social cadres. Hold a training course on legal knowledge of administrative law enforcement of human resources and social security in the city in 2020, and organize the heads of law enforcement agencies and front-line law enforcement personnel in the city to study and analyze 14 typical disputes and law enforcement cases that have occurred in recent years. Compilation of policies and regulations on human resources and social security in Hangzhou in 2018 was compiled and distributed as a tool book to law enforcement personnel of human resources and social security in the city.

Strengthen the publicity and popularization of policies and regulations in the field of human resources and social security. Organize and carry out the special legal popularization action of "preventing and controlling epidemic situation and ruling by law", and the human resources and social security departments at all levels in the city actively serve the front line of epidemic prevention and control and resumption of production, and carry out targeted legal popularization propaganda in key areas such as handling labor relations, paying wages and salaries, and promoting employment and entrepreneurship. Focusing on the document "Notice on Further Implementing Relevant Policies on Employment Security and Promoting Employment for Enterprises Returning to Work", the cartoon propaganda film "Helping to Return to Work and Resume Production, Hangzhou Human Resources and Social Security Bureau in Action" was produced simultaneously, and it was scrolled in official website of Hangzhou Human Resources and Social Security Bureau, WeChat official account of Hangzhou Human Resources and Social Security WeChat and screens of various service halls, with the number of on-demand and viewing reaching millions. The propaganda film was also pushed by the national platform of learning power, which greatly improved the awareness of policies such as social insurance premium refund and subsidy reduction. The city reduced or exempted social insurance premiums by stages, totaling 12.035 billion yuan, benefiting 362,600 enterprises, providing unemployment insurance for 136,000 enterprises and returning 1.896 billion yuan to employees, benefiting 2.137 million people. Focusing on the list of tasks for popularizing the law, we actively carried out publicity activities on human social security policies and regulations, went to China Railway Third Bureau and other enterprises to preach the Regulations on Ensuring Wage Payment for Migrant Workers, and sent human social security policies and regulations to several project sites; Innovate new ways of popularizing the law, hold the "employment assistance policy propaganda gathering in the city", and preach and answer the employment assistance policy on the nail group;Five excellent cases written by ourselves were published on the website of Hangzhou Human Resources and Social Security and the WeChat official account of Hangzhou People’s Society, and the policies and regulations of human resources and social security were interpreted through vivid cases. According to the unified arrangement of the Ministry of Human Resources and Social Security, the online competition on the knowledge of human resources and social security rule of law was organized. A total of 7,601 cadres and workers of the public and social security system participated in the online answering activities. Organize the Constitutional Publicity Week with the theme of "deeply studying and publicizing the supreme leader’s rule of law and vigorously carrying forward the spirit of the Constitution", and play the constitutional publicity wall charts in the social security center lobby, window and the municipal human resources and social security administrative examination and approval hall in a circular way to create a strong constitutional publicity atmosphere.

Second, the shortcomings and reasons for promoting the construction of a government ruled by law in 2020

In 2020, the highlights of the construction of a government ruled by law in our bureau are outstanding and the results are obvious, but there are still deep-seated problems that have not been effectively solved. With the promotion of administrative law enforcement, new contradictions and new problems have also emerged, mainly in the following two aspects.

First, the problem of low fragmentation effectiveness of human social security policy still exists. Generally speaking, the legislative work of human social security needs to be strengthened, and the higher-level legislation is still not perfect, but it faces difficulties such as difficult project establishment, complicated procedures and long time-consuming, especially for legislation in a certain professional field. In addition, the lower-level policies are seriously fragmented, and there is no effective connection between the upper and lower policies and the front and back policies. Before the introduction of the new policy, the procedures have been very standardized, but the content considerations are still not comprehensive and accurate, and it will not be corrected until the problems appear, thus making the degree of policy fragmentation more serious.

Second, there is contradiction between the qualification of administrative law enforcement subject and law enforcement practice. In the new round of institutional reform of public institutions, it is clear that employment centers, social security centers and other agencies will no longer undertake law enforcement functions. However, the Social Insurance Law of People’s Republic of China (PRC) and other laws and regulations stipulate that social insurance institutions have statutory law enforcement functions, which leads to the unclear qualification of agencies in law enforcement practice. Administrative law enforcement assistants have played a good role in the process of administrative law enforcement, but due to identity problems, they cannot obtain administrative law enforcement qualifications, and there are certain administrative risks.

Iii. Relevant information about the principal responsible persons of the party and government performing the duties of the first responsible person in promoting the rule of law and strengthening the construction of a government ruled by law in 2020.

In order to strengthen the deployment and guidance of the construction of the government under the rule of law, in 2020, our bureau overcame the impact of the epidemic situation, and combined with the current work priorities, the bureau timely formulated and issued the "Key Points of the Construction of the Government under the Rule of Law and Popularization of Laws in the Human Social Security System of the City in 2020", positioning the keynote of the construction of the government under the rule of law in 2020 as a decisive victory to build a "society ruled by law" system, and subdividing 18 tasks, which were implemented in various offices and units in the form of tables. At the same time, organize a video conference on the promotion of comprehensive deepening reform and the construction of a government under the rule of law by the municipal human resources and social security system in 2020, and timely convey the annual task of building a government under the rule of law to all responsible subjects. In order to ensure the effective implementation of the construction of a government ruled by law, the project of administration according to law was set up in the performance appraisal of the city’s social system, with a score of 1 point. The party group of the Bureau attaches great importance to the construction of a government ruled by law. Since 2020, it has organized research and discussion on the main points of annual work and other related work for three times. Strengthen the leadership over the construction of a government ruled by law, and readjust the members of the leading group of Hangzhou Human Resources and Social Security Bureau’s rule of law construction (administration according to law) and publicity and education on the rule of law according to personnel changes, thus forming a situation of joint management of the rule of law. The performance of the main responsible persons of the party and government as the first responsible person to promote the rule of law was included in the year-end debriefing, and the leaders of the bureau have already described the law.

Four, the main arrangements for the next year to promote the construction of a government ruled by law.

2021 is the first year of the "14th Five-Year Plan". Under the leadership of the municipal party committee and the municipal government, and in accordance with the deployment arrangements of the Ministry of Human Resources and Social Security and the Provincial Department of Human Resources and Social Security, the Bureau will conscientiously practice the supreme leader’s thought of rule of law, systematically implement the task of building a government ruled by law, and push the administration of human resources and social security to a new level.

The first is to implement the responsibility of the government under the rule of law. Plan and implement the tasks of building a government under the rule of law within the system, and actively report major issues in the construction of a government under the rule of law to the bureau party group; Promote the responsible persons of all departments and units of the city’s human resources and social security system to earnestly perform their duties as important organizers, promoters and practitioners of the construction of a government under the rule of law, resolutely implement the major decision-making arrangements of the central and provincial governments on the construction of a government under the rule of law, and improve their leadership in the construction of a government under the rule of law within the system. Organize leading cadres to carry out the activities of learning the usage of the law and the description of the law by team members, and the party group and team learned the law more than twice in the whole year.

The second is to promote the rule of law in human society governance. Insist on advancing the modernization of human society governance on the track of rule of law. We will continue to fully implement the legal review system of administrative law enforcement, the publicity system of administrative law enforcement and the record system of the whole process of administrative law enforcement in the field of human resources and social security administrative law enforcement, and further promote strict, standardized, fair and civilized law enforcement within the system. Implement the legal adviser system and public lawyer system, and be good at using and exerting the role of lawyers in risk judgment and prevention and control in the process of administrative law enforcement of human resources and social security departments. Strictly implement public participation, legality review, and collective discussion decisions as the necessary procedures for major administrative decisions to ensure scientific and open decision-making. Promote the standardization of administrative law enforcement supervision, strengthen the evaluation of administrative law enforcement files, and strengthen the filing and review of major administrative acts. Continue to carry out the "double random and one open" spot check supervision work, expand the scope of use of "internet plus Supervision", and use information technology to ensure the fairness of supervision and inspection procedures. Continue to do a good job in the collection of credit information, and strengthen the application of credit results in financial fund distribution, fee reduction, social security fee return, and evaluation and innovation.

The third is to strengthen the management of normative documents. Conscientiously implement the "three unifications" system of administrative normative documents, and earnestly ensure that normative documents should be put on record. Effectively strengthen the evaluation, law enforcement supervision, rule of law review, online publicity, effectiveness labeling and interpretation of normative documents after the formulation of normative documents; Looking back on the development of normative documents, focusing on self-examination of normative documents with concentrated objections and great disputes, introducing third-party institutions to evaluate normative documents, and promoting our bureau to improve the quality of the development of normative documents. Continue to take the clean-up and integration of normative documents for retirees management as a pilot to solve the problem of "fragmentation" of the policies and regulations system of the Human Resources and Social Security Bureau. Carry out the "two-year clean-up" of normative documents and continue to sort out and clean up policies.

The fourth is to handle administrative disputes according to law. We will improve the system of responding to reconsideration, improve the mechanism of leading coordination by legal institutions and responding to lawsuits by business institutions involved in litigation, and implement the work of responding to lawsuits by chief executives in court. For administrative litigation and reconsideration cases accepted by the people’s courts and administrative reconsideration organs, actively do a good job in defense (reply) and appear in court. Strengthen the mediation of administrative dispute cases, and constantly improve the mediation rate. Respect and consciously implement the effective judgment of the people’s court and the administrative reconsideration decision made by the administrative reconsideration organ, and take seriously the opinions and suggestions of the people’s court and the administrative reconsideration organ. Strengthen the summary and analysis work, study the types, characteristics and common problems of litigation-related cases, and explore ways and means to improve administrative behavior. Be good at leveraging mediation, further strengthen communication with superior departments and judicial departments, implement the linkage mechanism between administrative law enforcement and criminal justice, strengthen the informatization construction and information sharing of administrative law enforcement, and promote the construction and implementation of case notification analysis and case transfer system.

The fifth is to highlight the key points and start the eighth five-year plan. Actively plan the "Eighth Five-Year Plan" to popularize the law, highlight key points and push forward the prelude of the "Eighth Five-Year Plan" in the system in various forms. Increase investment in the publicity and education of human social security law popularization to ensure the normal development of law popularization work. Develop targeted, practical and vivid publicity materials for popularizing the law, and actively provide them to the objects of popularizing the law. Make full use of news media and new media such as WeChat to carry out the popularization of human social security, and constantly explore and promote lively and effective methods of popularizing human social security. Actively make use of the publicity activities of human resources and social security policies and regulations to publicize the rule of law, and carry out publicity on the rule of law at key nodes such as "124" National Constitution Day, major legal holidays, college students’ employment season, and migrant workers’ return to cities and hometowns, continue to carry out on-site legal consultation activities once a quarter, and increase the function of publicity and education on the rule of law in the service hall and service window of human resources and social security.

V. Other circumstances that need to be reported.

None.