How to go to the labor bureau to complain about the company, how to complain to the labor bureau abo

Under normal circumstances, companies are afraid of being complained to the Labor Bureau, and the consequences may include adverse effects on the integrity of the company; There are generally legal costs or adverse legal consequences; It will affect the cohesion and centripetal force of the enterprise, and have a negative impact on the survival and development of the enterprise. If an employee files a complaint with the Labor Bureau or the Labor Inspectorate against the person in charge of the enterprise, there will be adverse legal consequences or corresponding legal liabilities, such as fines. It depends on what was complained to the Labor Bureau; If the violation is minor, the labor administrative department may order you to make corrections, and if the violation is too serious and the payment is overdue, the human resources and social security department may order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable; If a crime is constituted, criminal responsibility shall be pursued in accordance with law, and the crime of refusing to pay labor remuneration may be suspected.

If the employer is in arrears or deducts wages, including the situation that the wages are withheld and not paid after resignation, the employer can bring the evidence proving the labor relationship (labor contract, work permit, work card, etc.), ID card, and the employer's industrial and commercial registration information (go to the National Enterprise Credit Publicity System** to check and print) to the labor inspection form where the employer is located to fill in the form and complain.

Legal analysis: 1. The process of reporting wage arrears to the labor bureau: 1. Report to the labor administrative department, usually the labor management inspection brigade.

2. You can also apply for arbitration directly. 3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. 4. In accordance with the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the wages and remuneration of the worker within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

2. Prepare the following materials: 1. Labor dispute appeal in triplicate; 2. Go to the industrial and commercial bureau to inquire about the company's industrial and commercial envy registration information; 3. A copy of my ID card; 4. Make copies of evidence in triplicate, such as labor contracts or agreements, pay stubs, work badges, clock-in records, witness testimony of colleagues, etc.

Legal basis: Article 48 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 48 If a worker is dissatisfied with the arbitral award provided for in Article 47 of the Mengyuan Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

Legal Analysis: Labor Bureau Complaint Process:

1) Make a complaint from the complaint portal on the official website of the labor department;

2) Directly call the relevant labor department to complain**, or call the citizen** to make a complaint;

3) Bring the relevant materials to the window of the Ministry of Labor within the jurisdiction of the main body of the employer to make a complaint, and hand it over to the relevant personnel for acceptance, and issue a receipt of acceptance.

Legal basis: Labor Contract Law of the People's Republic of China

Article 5 The people's labor administrative departments at or above the county level, in conjunction with representatives of trade unions and enterprises, shall establish and improve a tripartite mechanism for coordinating labor relations, and jointly study and resolve major issues related to labor relations.

Article 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.

Legal analysis: Labor Bureau complaint process steps: preparation of supporting materials, negotiation and mediation, complaints, reports and arbitration; Material:

Personal identification documents and documents proving the employment relationship. It is necessary to prepare evidence of the existence of an employment relationship with the company, which can be a labor contract, and if no labor contract is signed, the following evidence can be collected to prove the de facto labor relationship:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.

2) The "work permit", "service certificate" and other documents that can prove the identity of the employee issued by the employer.

3) Recruitment records such as the "registration form" and "registration form" filled in by the employee.

4) Attendance records or testimony of other workers, etc.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it 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) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal Analysis: Labor Bureau Complaint Process:

1) Complain from the complaint portal on the official website of the labor department;

2) Directly call the relevant labor department to complain**, or call the citizen** to make a complaint;

3) Bring the relevant materials to the window of the labor department within the jurisdiction of the employer to make a complaint, and submit it to the relevant personnel for acceptance, and issue a receipt of acceptance.

Legal basis: Yougao.

Labor Contract Law of the People's Republic of China

Article 5 The labor administrative departments of the people's governments at or above the county level, in conjunction with representatives of trade unions and enterprises, shall establish and improve a tripartite mechanism for coordinating labor relations, and jointly study and solve major issues related to labor relations.

Article 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor department shall order corrections and give a warning; If any damage is caused to the worker, he shall be liable for compensation.

Legal analysis: 1. The process of reporting wage arrears to the labor bureau: 1. Report to the labor administrative department, usually the labor management inspection brigade.

2. You can also apply for arbitration directly. 3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after obtaining the arbitration letter. 4. In accordance with the provisions of the state, in the event of arbitration or litigation, the employee may be required to pay an additional economic compensation equivalent to 25% of the wages and remuneration in addition to the full payment of the wages and remuneration within the specified time.

2. Prepare the following materials: 1. Labor dispute appeal in triplicate; 2. Go to the industrial and commercial bureau to inquire about the company's industrial and commercial registration information; 3. A copy of my ID card; 4. Make copies of evidence in triplicate, such as labor contracts or agreements, pay stubs, work badges, clock-in records, witness testimony of colleagues, etc. Legal basis:

Article 48 If a worker is dissatisfied with the arbitral award provided for in Article 47 of this Law, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

Legal analysis: Labor Bureau complaint process: preparation of supporting materials, negotiation and mediation, complaint and reporting for arbitration; Material:

Personal identification documents and documents proving the employment relationship. It is necessary to prepare evidence of the existence of an employment relationship with the company, which can be a labor contract, and if no labor contract is signed, the following evidence can be collected to prove the de facto labor relationship:

1. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;

3. Recruitment records such as the "registration form" and "registration form" filled in by the employee;

4. Attendance records or testimony of other workers, etc.

Legal basis: Liangzhou Shi, Labor Rubber Limb Contract Law of the People's Republic of China

Article 85: [Legal Responsibility for Failure to Pay Labor Remuneration, Economic Compensation, etc.] In 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) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

(2) Paying wages to workers lower than the local minimum wage standard;

(3) Arrange overtime work without paying overtime pay;

(4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal analysis: 1. The dismissed worker must get a written certificate of termination of the labor relationship (generally called the notice of termination of the labor contract), and if he really can't get the written notice of termination of the labor relationship, then the worker must also be taught how to collect evidence, such as recording the conversation or complaining to the labor bureau. Because according to the burden of proof, the employee needs to bear the burden of proof on the fact that he or she was illegally terminated by the company, and if the employee does not have evidence, it is difficult to be determined that the labor relationship was illegally terminated, and the company may often say that he was absent from work and left the company on his own.

2. It is necessary to analyze the specific circumstances of the case on a case-by-case basis, and it is not possible to request the employer to pay compensation for the illegal termination of the labor contract.

Legal basis:Law of the People's Republic of China on Labor Balance and Allocation Contracts Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.