Can I complain to the local labor department about the non local employment enterprise?

Legal analysis: If the employer deducts or defaults on the employee's wages, the employee may file a complaint with the Labor and Social Security Supervision Brigade against the employer. When you go to the Labor Inspection Brigade to complain, bring:

The labor and social security supervision brigade shall issue corrections within a time limit for the employee's ID card, the full name of the employer, the name and contact information of the person in charge**, and the relevant evidence that can prove that the employee works at the employer. If it is not executed within the time limit, apply to the court to compel the execution of the roll. At the same time, if you fail to make corrections within the time limit, the employee can claim that the employer should pay you 50%-100% of the amount of wages in arrears.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The state implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Legal analysis: Labor arbitration can be applied. I can negotiate with the company first, and if the negotiation fails, I can report to the labor inspection brigade first, or I can directly apply for labor arbitration at the labor arbitration commission.

The labor inspector will file a complaint with the labor inspection brigade and then explain his situation. If it is a complaint, it is recommended that you file a complaint with the labor inspection department where the company is located. In the case of arbitration or litigation, it can be at the actual place of work or at the place where the employer is located.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of the imitation ruler labor contract; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor compensation, medical expenses for work-related injuries, compensation or compensation for economic shortages, etc.; (6) Other labor disputes as provided for by laws and regulations.

Legal analysis: If it is a complaint, it is recommended that you file a complaint with the labor inspection department where the company is located. In the case of arbitration or litigation, it can be at the actual place of work or at the place where the employer is located.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

(3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from work hours, rest and vacation, social insurance, welfare, training and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

(6) Other labor disputes as provided for by laws and regulations. Bureaur.

It is useful to find the local labor bureau for non-local work, and if the employer of the traveler is in arrears of wages without reason, the worker can file a complaint with the local labor inspection department or apply for labor arbitration.

If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages stipulates that if an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 3 of the Provisions on the Payment of Wages to Enterprises in Shandong Province Article 13 If an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when dissolving or terminating the physical and dynamic contract in Laochen Town.

Summary. 3. If you sign a labor contract with a labor dispatch company in place A, but you are not in place B - this is a non-local dispatch, and the non-local dispatch company needs to file the labor dispatch business with the local labor department in the other place, and you can also file a complaint with the labor department where you are located - this is a real labor dispatch company.

Hello, I am a cooperating lawyer, I have received your question, I need a little time to answer, wait a minute.

1. Determine who you are signing an employment contract with (i.e., having an employment relationship).

2. If you sign a labor contract with company B, complain to company B at the local labor department.

3. If you sign a labor contract with a labor dispatch company in place A, but you are not in place B - this is a kind of seepage and trembling in a different place dispatch, and the remote dispatch company needs to file the labor dispatch business in the labor department in a different place, and you can also complain in the labor department where you are located - this is a real labor dispatch company.

4. If the labor dispatch company in place A does not sign a labor contract with you, but only recruits and recommends you to work in company B, which is not a labor dispatch business, then the labor relationship you answer is still the labor relationship of company B, complain.

If there is a labor dispute, the special number of the national unified consultation and consultation service of the human resources and social security system is 12333, and 12333 is mainly used for human resources information and social security policy business consultation, government affairs openness, complaints and reports, social security account inquiries and other services. Most cities across the country have opened 12333 service numbers, and more than 80% of them have set up consulting services.

You can file a complaint with the labor bureau where the employer is located. or file a complaint with the labor arbitration commission where the employer is located. Article 19 of the Interim Provisions on Payment of Wages:

In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

1. What is the complaint process of the Labor Bureau?

Steps of the complaint process of the Labor Bureau: preparation of supporting materials, negotiation and mediation, complaint and report arbitration; Materials: personal identity documents, documents proving labor relations.

1. It is necessary to prepare evidence of the existence of labor relations with the company, to prove that the labor relationship can be a labor contract, 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) Certificates that can prove identity, such as goodwill and service certificates, issued by the employer to the employee.

3) Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker.

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

2. In the case of arrears of wages by the employer, it is necessary to negotiate with the employer first, and if the negotiation cannot be resolved, it can be resolved through the following legal channels, and complain and report to the local labor and social security supervision agency.

3. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute and resolved through litigation.

2. What evidence should be required to complain to the Labor Bureau?

You need to submit evidence of your employment relationship with the company and the company's arrears of wages.

Proof of the employment relationship can be an employment contract, and if no employment contract is signed, the following evidence can be collected to prove the de facto employment relationship:

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

2) Work permits, service certificates, and other documents that can prove the identity of the workers issued by the employer.

3) Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker.

4) Attendance records.

5) Testimony of other slag workers, etc.