How long does it take for the Labor Bureau to respond to the complaint, and how long does it take fo

Generally, there will be a specific result within 15 days after the complaint is filed with the labor bureau, but the result may not meet the needs of the individual employee. In addition, when we file a complaint with the Labor Bureau because of a labor dispute, we should also provide evidence in our favor to the Labor Bureau.

Legal analysis

If a complaint is filed with the Labor Bureau, the Labor Bureau, after review, shall accept the complaint on the spot if it meets the requirements for filing a case. After acceptance, mediation will be conducted first, and the mediation time will be 15 days. If the mediation fails, if the employee requests arbitration, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days.

The administrative department of labor and social security shall carry out labor security supervision on the following matters: the employer's formulation of internal labor security rules and regulations; The employment contract between the employer and the employee; The employer's compliance with the prohibition of child labor; The employer's compliance with the special labor protection provisions for female employees and juvenile workers; the employer's compliance with the regulations on working hours, rest and leave; the employer's payment of wages to employees and implementation of minimum wage standards; the employer's participation in various social insurances and payment of social insurance premiums; Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the relevant national regulations on employment introduction, vocational skills training and vocational skills assessment and appraisal; Other labor security supervision matters stipulated by laws and regulations. In the process of handling labor disputes, the labor bureaus of some small counties may trade power and money with some persons in charge of the company, so it is very difficult for ordinary workers to protect their rights in these places, and if the complaint is fruitless, they must seize the time to apply for labor arbitration.

Legal basis

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 14: Where an agreement is reached through mediation, a mediation agreement shall be drafted. The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and affixed with the seal of the mediation organization, and shall be binding on both parties and shall be performed by the parties. If no mediation agreement is reached within 15 days from the date of receipt of the mediation application by the labor dispute mediation organization, the parties may apply for arbitration in accordance with law.

Article 30 After accepting the arbitration application, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days.

If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

Legal analysis: If a complaint is filed with the Labor Bureau, the Labor Bureau shall accept the case on the spot if the conditions for filing a case are met. Mediation is usually followed by mediation, which lasts for 15 days.

If the mediation fails and the employee requests arbitration, the labor dispute arbitration commission shall send the arbitration application to the respondent within 5 days. In the event of a labor dispute, the two parties can negotiate on their own. If the parties are unwilling to negotiate or fail to negotiate, they may choose mediation or arbitration procedures.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the requirements of the acceptance provisions, it shall accept the application and inform the applicant carefully; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law. Article 17 of the "Regulations on the Supervision of Labor Security" stipulates that the investigation of the labor and social security administrative department shall complete the investigation of the violation of labor security laws, regulations or rules within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

Article 29 of the Labor Dispute Mediation and Arbitration Law stipulates that within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; If it is found that the conditions for acceptance are not met, the applicant shall be notified in writing that it will not be accepted, and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Legal Analysis: It depends. Generally, it will be accepted in accordance with the law within 5 working days after receiving the complaint; It will be completed within 60 working days (30 working days for complex cases).

Legal basis: Regulations on the Supervision of Labor Protection and Hunger

Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed, and if the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor security.

Article 20 Where violations of labor security laws, regulations or rules are not discovered by the labor and social security administrative departments within two years, nor are they reported or complained about, the labor and social security administrative departments shall not investigate the place where the family celebrates and returns.

Legal analysis: If there is a result within 60 days of filing a complaint with the Labor Bureau, the party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration.

Legal basis: Article 82 of the Labor Law of the People's Republic of China The party making an arbitration request shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall be made within 60 days of receipt of Youqing's application for arbitration.

If there is no objection to the arbitral award, the parties must perform it.