Labor and Employment Laws and Administration

Abstract

At the central government level under the State Council, the Ministry of uman Resources and Social Security (MOHRSS) administers labor and employment policies. In March 2008, this ministry took over the functions of the Ministry of Labor and Social Security (MOLSS) (see Table 2.1) and the Ministry of Personnel (MOP). It maintains vertical supervision at the local level through local labor bureaus, which are at the same time also greatly controlled by local governments through their funding and appointments power. The MOHRSS is one of China's newly designated “super ministries.” Since 1998 its predecessor, MOLSS, has been responsible for social security management and development of policies and legislation for urban, rural, and government workers. Before its 2008 reorganization, it was organized into the following departments: legal affairs, planning and finance, training and employment, labor and wages, pension insurance, unemployment insurance, medical insurance, work-related injury insurance, rural social insurance, social insurance fund supervision, international cooperation, and personnel and education. With the reorganization in 2008, it assumed the functions of the former MOP, with the exception of its civil service department, which is now part of the State Public Servants Bureau. The reorganized ministry has twenty-three departments, including several new ones (see Table 2.2). Responsibilities and Functions of the MOHRSS The MOHRSS, through its departments and subordinate institutions (unchanged from MOLSS, see Table 2.3), is responsible for formulating and implementing policies in the following areas.