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You should take care to gather evidence about your past work for this company from now on.
For example, salary cards, work clothes, attendance sheets, sign-in books, etc., however, business cards and the like are still free, and the ones that are not convincing, you can print a box for just a few dollars on the street
The most convincing thing is the employment contract when you have gathered enough evidence
You can consult with your boss first to see what he wants, similar to an ultimatum You can ask you about your current situation and see how he reacts Be careful not to reveal your thoughts about your request for help from the labor inspectorate so as not to alert him to destroy other evidence of your work with the company in advance
If necessary, you can contact some ** Dahe Daily, Oriental News, City Channel, Public Channel, etc., to disclose your situation
Now that the year is approaching, the matter of unpaid wages is the focus of **, which should arouse their interest If you ask for help**, it is best to contact other people in this company who have had similar experiences with you before, and the power of joining forces is great
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What documents are required to file a complaint with the Labor Bureau.
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Legal Analysis: Employees should bring the following information to the Labor Bureau to complain. 1. Attendance records related to the employer and the person; 2. The arrears of wages roster validly signed by the person in charge of the unit; 3. A copy of your ID card; 4. The contract signed with the employer; 5. Materials related to the case; 6. The complaint document signed by the person.
The complaint document shall contain the relevant identity information of the complainant and the respondent, as well as information such as the residence and position of the work unit.
Legal basis. Legal basis: Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, place of work and domicile of the employee, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, names and addresses of witnesses.
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Legal analysis: The complainant should bring the following information: (1) the complainant's complaint registration form or the content of the whistleblower's report; (2) A copy of the ID card of the complainant or informant; (3) Attendance records; (4) The roster of arrears of wages (with the signature and fingerprint of the person in charge of the arrears unit); (5) Relevant materials (agreements or contracts, etc.) related to the complainant's complaint case.
Legal basis: Article 77 of the Labor Contract Law of the People's Republic of China: If the legitimate rights and interests of an employee are infringed, he or she has the right to request the relevant departments to deal with it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.
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What do I need to prepare to file a complaint at the Labor Bureau? According to Article 85 of the Labor Contract Law of the People's Republic of China, Article 85 Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in accordance with the Law If the employer has any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1. Failure to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; 2. The wages of workers are paid lower than the local minimum wage standard; 3. Mengtan arranges overtime and does not pay overtime pay; 4. Dissolving or terminating the labor contract, and failing to pay economic compensation to the employee in accordance with this regulation. To complain to the Labor Bureau, you need to know that the evidence is as follows: 1. You need to submit evidence of your employment relationship with the company and the company's arrears of wages; 2. If the labor contract is not signed, the following evidence can be collected to prove the de facto labor relationship: wage payment vouchers or records (employee salary payment roster), records of payment of various social insurance premiums.
The "work permit", "service certificate" and other documents that can prove the identity of the employee issued by the employer. Recruitment records such as the employer's recruitment "registration form" and "registration form" filled in by the worker. Attendance records.
Testimonies of other workers, etc. Do you understand this explanation?
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To file a complaint with the Labor Bureau, it is best to bring relevant evidence materials, such as labor contracts, salary slips, and the company's notice. In the event of a labor dispute, the employee may file a complaint with the local supervision department. Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, place of work and domicile of the employee, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, names and addresses of witnesses.
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If a worker goes to the Ministry of Labor to complain about the employer's arrears of wages, he or she needs to bring the proof of the existence of the labor relationship with the employer, such as: work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the company's name, individual income tax payment code search certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, and colleague testimonies (those who leave the job are OK), Audio or video recordings or other written materials with the name and official seal of the worker or the signature of the boss, etc. According to the Notice on Matters Concerning the Establishment of Labor Relations issued by the Ministry of Labor and Social Security in 2005 on what evidence should be required for complaints to the Labor Bureau, the evidence proving labor relations is listed in the following order of probative effect:
1. The labor contract signed by both parties;
2. Salary card, salary passbook, salary slip or record confirmed by the unit, and employee roster stamped by the unit;
3. Records of the employer's payment of various social insurance premiums for the employee;
4. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;
5. Recruitment records such as the "registration form" and "registration form" filled in by the employee;
6. Attendance records stamped by the employer;
7. Testimony of other workers, etc.
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When an employee files a complaint with the Labor Bureau, he or she needs to prepare the following materials: proof of the existence of an employment relationship with the employer; Proof of worker's identity; Evidence of infringement by the employer. If the worker believes that Sun Zhi is the employer who has violated his legitimate rights and interests in labor security, he or she has the right to file a complaint with the labor and social security administrative department.
Article 9 of the Regulations on the Supervision of Labor and Social Security Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has violated his or her legitimate rights and interests in labor security, he or she has the right to file a complaint with the labor and social security administrative department. The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.
What documents are required to file a complaint with the Labor Bureau.
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