On October 29, 2020, Beijing Municipal Human Resources and Social Security Bureau issued the notice of “List of Non-administrative Penalties for Minor Violations of Beijing Municipal Human Resources and Social Security Bureau (First Edition)” (hereinafter referred to as the “List”). What is the List? What are the minor violations? Under what circumstances should severe punishment be imposed according to law? This article aims to solve frequently asked questions in the form of Q&A for clients’ reference.

Q:	What are the main contents of the “List”?
A:	The “List” mainly involves 29 items of administrative punishment, such as labor contract, working hours, employment management, labor dispatch, human resource market, professional capacity building, social insurance, labor security supervision, etc., adding “minor” violations, and not imposing administrative penalties on minor violations that do not cause harmful consequences and are corrected in time. The “List” is not applicable to wage payment and protection of special groups due to their great social impact and serious harmful consequences, as well as stricter requirements of laws, regulations, and rules.
Q:	The relationship between the “List” and the administrative penalty discretion standard?
A:	The “List” is carefully selected from the Beijing Municipal Human Resources and Social Security Bureau and is used in combination with the administrative penalty discretion benchmark. From no administrative penalty for minor violations, discretionary punishment for minor and general violations, and heavier punishment for serious violations, the list can be followed by rules and put an end to arbitrary law enforcement.
Q:	What is the principle of Non-administrative penalty for minor illegal acts?
A:	No administrative penalty shall be imposed on minor illegal acts. The principles of equal punishment, leniency and strictness, and combination of punishment and education shall be adhered to. Employers involved in “new technology, new industry, new business form and new mode” shall be subject to inclusive and prudent supervision in accordance with the principle of encouraging innovation, balancing the development interests of employers and the legitimate rights and interests of workers, and no administrative penalty shall be imposed on minor violations general illegal acts shall be punished as appropriate, while serious violations such as wage arrears and violation of the prohibition of child labor shall be “zero tolerated” and severely punished in accordance with the law. Guide and promote the employers to consciously abide by the labor and social security laws, regulations and rules, abide by the law and operate in good faith, so as to make the employers feel “law enforcement with temperature”, and create a healthy and good business environment.
Q:	Are all the minor violations listed in the “List” not subject to administrative punishment?
A:	The “List” lists the violation acts, legal basis, and applicable conditions for no punishment. For minor violation acts listed in the “List”, the applicable conditions must be met at the same time before administrative punishment can be granted. For minor violation acts listed in the “List” but not meeting the applicable conditions, administrative penalties shall still be imposed according to law.
Q:	What procedures for not imposing administrative penalty on minor violation acts?
A:	The investigation and punishment of minor violations of Municipal Human Resources and Social Security Bureau should go through legal procedures such as filing a case, investigating, and obtaining evidence and informing according to the “Regulations on Labor and Social Security Supervision”. The standard of evidence collection and fixation should be consistent with the investigation and punishment of other violation acts, to ensure that the law enforcement is based, and the procedures are legal. For minor violations of the law, no administrative penalty shall be imposed, and the form of “one case, three documents” shall be adopted, namely, the employer’s letter of commitment to abide by the law, the proposal for labor and social security supervision, and the written decision not to impose administrative penalty. However, it also points out that the violation behavior of the unit using land should be combined with the actual situation of supervision and supervision, and that the unit should also combine the violation behavior with the actual situation to solve the problems of employers.