-
You apply to the Human Resources and Social Security Bureau (the Labor Bureau, now known as the Human Resources and Social Security Bureau) for arbitration to confirm the employment relationship.
Provide evidence of labor facts, work permits, pay slips, etc.
Notice on Matters Concerning the Establishment of Labor Relations (No. 12 of 2005 issued by the Ministry of Labor and Social Affairs).
Determination of Labor RelationshipTransfer of Labor RelationshipFact of Labor RelationshipLabor RelationshipLabor DispatchTermination of Labor RelationshipProbationary Period.
Labor and Social Security Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:
Recently, some localities have reported that some employers do not sign labor contracts when recruiting workers, and when labor disputes arise, it is difficult to determine the labor relationship between the two parties, making it difficult to safeguard the legitimate rights and interests of employees, which has an adverse impact on the harmony and stability of labor relations. In order to standardize the employment behavior of employers, protect the legitimate rights and interests of workers, and promote social stability, the following notice is hereby given on matters related to the establishment of labor relations between employers and workers:
1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:
1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;
2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;
3) The labor provided by the worker is an integral part of the employer's business.
2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
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 of the worker 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 workers, etc.
Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).
3. If the employer recruits a worker in accordance with the circumstances specified in Article 1, the employer shall sign a supplementary labor contract with the employee, and the term of the labor contract shall be determined by both parties through consultation. If there is no agreement through negotiation, either party may propose to terminate the employment relationship, but for the employee who meets the conditions for signing an indefinite-term labor contract, if the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude it.
If the employer proposes to terminate the labor relationship, it shall pay the employee one month's salary for each full year of service in the employer.
4. Where the project (business) or management rights of an employer such as a construction or mining enterprise are contracted to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person.
5. If a dispute arises between the employee and the employer over the existence of an employment relationship, he or she may apply to the labor dispute arbitration commission with jurisdiction for arbitration.
25 May 55.
-
Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that this Law shall apply to the following labor disputes between employers and employees 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 or termination of labor contracts; (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 remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.
Article 5 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration stipulates that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
According to the above provisions and the arbitration practice, disputes arising from the confirmation of labor relations shall be applied to the labor and personnel dispute arbitration commission at the place where the labor contract is performed or where the employer is registered shall apply for arbitration.
-
What is the relationship between the Labor Bureau and the Labor and Social Security Department? What are the agencies of the Labor Bureau?
Hello, the Labor Bureau is an administrative field transportation unit, the Labor and Social Security Institute is a public institution, and the Labor and Social Security Institute is equal to the subordinate unit of the Labor Bureau. The labor bureau is a district, and the street is usually called the labor office. The Labor Bureau includes the Labor Branch and the Labor and Employment Service Center.
The Labor Bureau has a spine that refers to: 1General Information Division, 2
Finance Section, 3Model Worker Force.
-
Summary. The superiors of the Labor Bureau are the local people**. The people's first is the local state administrative organ, responsible for and reporting to the people's congress and its standing committee at the same level and the state administrative organ at the next higher level, under the unified leadership of the people, responsible for organizing and managing the administrative affairs of the administrative region.
At the same time, the local people at all levels are also the executive organs of the local state power organs at all levels, and the resolutions adopted by the local state power organs must be implemented by the people. On the one hand, local people at all levels should be responsible to the standing committees of the people's congresses at their respective levels, and on the other hand, they should also be responsible for the work of the state administrative organs at the next higher level.
The superiors of the Labor Bureau are the local people**. Xiaoji people are local state administrative organs, responsible for and report to the people's congress and its standing committee and the state administrative organs at the next higher level, under the unified leadership of the people's congress, responsible for organizing and managing the administrative affairs of the administrative region. At the same time, the local people at all levels are also the executive organs of the local state power organs at all levels, and the resolutions adopted by the local state power organs must be implemented by the people.
On the one hand, local people at all levels should be responsible to the standing committees of the people's congresses at the corresponding levels, and on the other hand, they should also be responsible for the work of the state administrative organs at the previous level.
Extended information: The labor bureau includes the labor branch and the labor and employment service center, and the main responsibility of the labor branch is to implement the national and provincial and municipal policies, laws and regulations related to labor work, and organize the implementation of the labor development plan and annual plan formulated by the city. The responsibility of the people is to implement the national, provincial and municipal laws, regulations and guidelines on urban water supply, sewage and garbage disposal (except construction waste), gas management, gas supply, heat supply, city appearance and environmental management, comprehensive administrative law enforcement of urban management, and study and formulate relevant local standards and normative documents.
Responsible for the management and implementation of urban water supply, sewage and garbage disposal (except construction waste), gas management, gas supply, heating supply, and city appearance and environment, as well as the operation management and safety supervision and management of the above-mentioned urban public operation enterprises. Responsible for the planning, use and management of relevant city management funds. Responsible for the organization, implementation, supervision and management of urban architectural style renewal.
Responsible for the supervision and management of urban public spaces and "urban furniture".
-
Legal Analysis: The determination of labor relations shall be applied to the local labor dispute arbitration commission. According to the law, the labor dispute arbitration commission is responsible for the jurisdiction of labor disputes in the region.
Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 21 The Labor Dispute Deferred Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in its own region.
The dispute shall be under the jurisdiction of the Arbitration Commission for Labor Judgments and Disputes at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.
-
Summary. The county labor bureau is divided into offices, planning, finance and statistics section (social insurance supervision section), labor dispute arbitration section (regulation supervision section), pension insurance section, medical insurance department (publicly-funded medical management office), work-related injury and maternity insurance section (administrative examination and approval section), employment and wage section (labor skills training section) and other departments.
The county labor and labor brigade is divided into the office, the planning and financial statistics department (social insurance ** supervision department), the labor dispute arbitration department (regulation supervision department), the pension insurance department, the medical insurance department (the public medical management office), the work-related injury and maternity insurance department (administrative examination and approval section), the employment and wage department (labor skills training section) and other departments.
I couldn't get money for the work I did for the China Railway First Bureau in Guangxi Daxin, and I found the department of the Labor Bureau.
Workers do not get paid to go to the labour inspectorate. You can also apply for labor arbitration to settle the case.
Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties. According to the different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration, international dispute arbitration, etc. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes.
Labor dispute arbitration not only has some common characteristics of the arbitration system, but also has its own particularities. In the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.
The Labor and Personnel Dispute Auction Arbitration Commission is responsible for the jurisdiction of local labor disputes filed in the region. The arbitration of labor disputes is mainly subject to territorial jurisdiction, and labor disputes are under the jurisdiction of the labor and personnel dispute arbitration commission in the place where the labor contract is performed or where the employer is located.
Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the employee the remuneration 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 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis.
Wages shall not be deducted or unjustifiably delayed.
There is no charge. Apply to the labor dispute arbitration commission (located in the district or county labor bureau) where the employer is located or the place where the labor contract is performed (the place where you work). >>>More
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. >>>More
What documents are required to file a complaint with the Labor Bureau.
Legal Analysis: The main responsibilities of the Labor Bureau are: >>>More
Labor Dispute Arbitration Application Format:
Respondent: Legal representative: >>>More