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It depends on what is being complained about to the labor office.
There are three main consequences that an employee may face if they are sued by the labor bureau: it may adversely affect the integrity and image of the enterprise; Enterprises will pay certain legal costs or legal liabilities for this; Enterprises may face relevant administrative penalties.
Penalties imposed by the Labor and Social Security Bureau: First, correct mistakes, such as the payment of wages owed by the enterprise; Second, if the enterprise refuses to be punished by the Labor and Social Security Bureau, the Labor and Social Security Bureau will cooperate with the Industrial and Commercial Bureau to revoke the business license of the enterprise; The third is the punishment of the person in charge of the enterprise by the first department, which is generally a fine.
Legal basis]:
Article 85 of the Labor Contract Law stipulates that 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 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 at a rate lower than the local minimum wage standard;
3) arranging 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.
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Is the company afraid of complaints from the Labor Bureau?
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Legal analysis: The company is generally afraid that employees will complain to the Labor Bureau (Human Resources and Social Security Bureau), because the company is generally complained by employees, and may face legal risks and legal liabilities, such as minor circumstances may face orders to correct, if the circumstances are serious, it may be civil compensation, as well as criminal liability. And if it is complained by the Labor Bureau, it will affect the normal operation of the company, the credibility of the company, and the centripetal force of the company's employees.
Legal basis: Article 74 of the Labor Contract Law of the People's Republic of China The local people's labor administrative departments at or above the county level shall supervise and inspect the implementation of the labor contract system in accordance with the law: (1) the formulation and implementation of rules and regulations directly related to the vital interests of workers by the employer; (2) The circumstances of the conclusion and termination of the labor contract between the employer and the employee; (3) The labor dispatch unit and the employing unit's compliance with the relevant provisions on labor dispatch; (4) The employer's compliance with the national regulations on working hours, rest and leave for employees; (5) The employer's payment of labor remuneration and implementation of the minimum wage standard as agreed in the labor contract; (6) The employer's participation in various social insurances and payment of social insurance premiums; (7) Other labor inspection matters stipulated by laws and regulations.
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Legal analysis: The company is afraid of complaints from the Labor Bureau. Under normal circumstances, if the labor bureau receives a report from an employee, it will go to the company to conduct an investigation, and after ascertaining the facts, the company will be punished according to the law. This will affect the company's business activities, and I am definitely afraid.
Legal basis: 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.
The administrative department for labor and social security shall keep the report 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.
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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. Breaking down the conversation and calling the employee to the labor bureau or labor inspection authority and the person in charge of the enterprise will have adverse legal consequences or corresponding legal liabilities, such as fines and the like. 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 severe 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 remuneration for labor and travel may be suspected.
Legal basis: Article 276-1 of the Criminal Law Where the payment of laborers' labor remuneration is evaded by means such as transferring property, evading, etc., or where there is the ability to pay but not paying laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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Legal analysis: Under normal circumstances, the company is afraid of being complained to the labor bureau, and the consequences may include an adverse impact on the integrity of the enterprise; Generally, there will be 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 boss of the labor inspection agency, there will be adverse legal consequences or corresponding legal liabilities, such as fines.
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The company is afraid of complaints from the Labor Bureau. Under normal circumstances, if the labor bureau receives a report from an employee, it will go to the company to conduct an investigation, and after ascertaining the facts, it will punish the company in accordance with the law. This will affect the company's business activities, and I am definitely afraid.
Regulations on the Supervision of Labor and Social Security
Article 9. Any organization or individual has the right to report to the labor and social security department for violations of labor security laws, regulations, or rules and regulations. If the worker believes that the employer has infringed upon 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.
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.
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.
If you work for the Labor Bureau, then you have to sign a labor contract with the Labor Bureau, and if you work for another unit, then you have to sign a contract with the labor bureau, not with the labor bureau, because you have no labor relationship with the labor bureau.
You should take care to gather evidence about your past work for this company from now on. >>>More