Complaints about labor laws are handled by those departments

According to the Legislation Law, amendments to laws and local regulations can only go through the proposal procedure:

1. The Presidium of the National People's Congress may submit bills to the National People's Congress for deliberation at the session of the National People's Congress.

2. The Standing Committee of the National People's Congress, the Military Commission, the Supreme People's Court, the Supreme People's Procuratorate, and the special committees of the National People's Congress may submit bills to the National People's Congress, and the Presidium shall decide to include them in the agenda of the session.

3. A delegation or 30 or more deputies may jointly submit bills to the National People's Congress, and the presidium shall decide whether or not to include them in the agenda of the session, or they may first submit them to the relevant special committees for deliberation and put forward opinions on whether or not to include them in the agenda of the session, and then decide whether to include them in the agenda of the session.

Although the law clearly stipulates the time limit for employers to pay social insurance for their employees, there are still many employers who "commit crimes against the wind": they do not pay social insurance to their employees until the time limit prescribed by law, or they do not pay social insurance to their employees at all.

As for the penalties for not paying social insurance to employees, some employers have indicated that as long as the request for supplementary social insurance payment exceeds the two-year prosecution period, the labor bank will not accept it. Why?

According to Article 36 of the Administrative Punishment Law, if the illegal act is not discovered within 2 years, no administrative punishment shall be given, except as otherwise provided by law. and Article 20 of the Regulations on the Supervision of Labor and Social Security:

Where violations of labor security laws, regulations, or rules are not discovered by the labor security administrative department within two years, nor are they reported or complained about, the labor security administrative department will not investigate and deal with them.

Therefore, many workers are worried that if they joined the employer in 2015 and the employer only started to pay social insurance for themselves in 2019, then now in 2021, can they no longer complain that the employer did not pay social insurance for themselves before?

Although looking at the provisions of the "Regulations on Labor and Social Security Inspection" alone, it can be considered that those who have not been found or complained about for more than two years can no longer be accepted, the Ministry of Human Resources and Social Security has a targeted reply: in order to safeguard the social insurance rights and interests of the insured, strengthen the collection and payment of arrears, and the handling agency will receive itAfter the two-year prosecution period of Article 20, Paragraph 1 of the Regulations on Labor and Social Security Inspection has expired, the complaint is generally accepted in accordance with the procedure. For those who can provide supporting materials, try to meet the demands of the insured and resolve themIn order to reduce the problem of requiring enterprises to pay arrears in full when employees are about to retire.

The Ministry of Human Resources and Social Security's reply on the pension insurance prosecution period (She Jian Zi [2017] No. 105).

It can be seen from this that even if it is an illegal act for more than two years, as long as the supporting materials are sufficient, it can be investigated and punished. Therefore, as long as the employer fails to purchase social insurance for the employee in accordance with the law, regardless of whether the statute of limitations exceeds two years, the employee should protect his legitimate rights and interests in accordance with the law, and request the employer to pay or make up the social insurance premiums through procedures such as filing a complaint with the labor inspection department, labor arbitration, and litigation in the court.

1. Labor disputes are not accepted.

1.Filing a lawsuit with the court without the labor dispute arbitration procedure;

In violation of the provisions of the Labor Law, the people's court shall not accept the labor dispute filed by the parties to the people's court without the mandatory labor dispute arbitration procedure.

2.The parties file a labor dispute lawsuit with the people's court, which exceeds the "15-day statute of limitations";

If a party is dissatisfied with the arbitration of the labor dispute arbitration commission, it shall file a lawsuit with the people's court within 15 days from the date of receipt of the arbitration award. Because the parties did not file a lawsuit within the prescribed 15 days, and the statute of limitations for litigation within 15 days expired, the arbitral ruling has taken effect, and the people's court will not support the claimant's claim and will not accept it.

3.The labor dispute lawsuit filed by the claimant does not fall under the jurisdiction of the court to which the lawsuit is filed;

The jurisdiction of labor dispute litigation cases shall be under the jurisdiction of the people's court of the county or municipal district where the labor dispute occurred, and the labor dispute litigation claims of the parties exceed the jurisdiction of the court receiving the lawsuit, and the people's court that is subject to the lawsuit shall not accept it.

4.The litigation claims of the parties do not meet the conditions for initiating litigation;

If one party insists on filing a lawsuit and the other party applies for enforcement of an arbitral award that has already taken effect, the people's court shall examine the other party's application for enforcement while examining whether one party's lawsuit meets the requirements, and if the litigation conditions are not met, the people's court shall enforce it while not accepting it.

2. Conditions for initiating a labor dispute lawsuit.

When a party initiates a labor dispute lawsuit, it must meet the following conditions:

1.Arbitrated by the Labor Dispute Arbitration Commission;

2.within the prescribed 15-day statute of limitations;

3.must be within the jurisdiction of the court to which the suit is filed;

4.Otherwise, it is difficult for the legitimate rights and interests of the parties to be protected by law.

First of all, you should be clear that the Labor Law you are referring to refers to the Labor Contract Law of the People's Republic of China, which was amended and adopted by the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007 and came into force on January 1, 2008. On December 28, 2012, the 30th meeting of the Standing Committee of the 11th National People's Congress amended the Decision on Amending the Labor Contract Law of the People's Republic of China. It is a law enacted by the National People's Congress, and if you are not satisfied with the provisions of the labor law, you can only make a proposal by the NPC deputies and deliberate by the NPC or the Standing Committee of the NPC.

Secondly, if you are dissatisfied with your company's implementation of the Labor Contract Law or something else, you can complain to your local labor inspection department (Human Resources and Social Security Bureau) or other department for your company's non-implementation of the Labor Contract Law, or you can apply to a local arbitration institution for arbitration or directly file a lawsuit with the local people's court according to the labor contract signed with the employer at the time of employment.

Resources.

Hello: According to your description and the provisions of the law, if you are not satisfied with the company's non-compliance with the labor law, you can file a complaint with the labor inspection department.

Guangdong lawyer Hu:

It is recommended that you directly ask a lawyer to sue it, it is not beneficial for you to drag it out like this, and if it drags on for a long time, you will have a lawsuit invalid after the statute of limitations, and you can only go to court litigation for this labor contract, not labor arbitration.

I sympathize with you, but it is impossible for this kind of matter to be resolved through legal channels. Because the labor contract between you and the regular worker is not the same unit, it is not "equal work", so naturally there is no way to "equal pay". You also signed a dispatch contract when you first entered the factory, you should be very clear about your work treatment, and you have accepted it.

Now, labor dispatch does have a tendency to be abused, and there are legal loopholes, you can go to your superior unit to report it, but there is little hope, after all, the unit's practice is legal.

1. If the unit violates the labor law, the local labor department will not solve the problem, and the labor department at the next higher level can complain.

2. Several Provisions on the Implementation of the Regulations on the Supervision of Labor and Social Security

Article 18 The administrative department for labor and social security shall, within 5 working days from the date of receipt of the complaint, accept the complaint in accordance with law within 5 working days from the date of receipt of the complaint, and file the case for investigation and punishment on the date of acceptance:

1) The violation of the labor security law occurred within 2 years;

2) There is a clear employer against which the complainant is complained, and the infringement of the complainant's lawful rights and interests is caused by the violation of the labor security law by the respondent employer;

3) It falls within the scope of labor security supervision and is under the jurisdiction of the labor security administrative department that accepts the complaint.

The administrative department for labor and social security shall, within 5 working days from the date of receipt of the complaint, decide not to accept the complaint that does not comply with the provisions of item (1) of the first paragraph, and notify the complainant in writing.

For complaints that do not comply with the provisions of paragraph 1 (2), the labor and social security supervision agency shall inform the complainant to supplement and correct the complaint materials.

For complaints that do not comply with the provisions of subparagraph (3) of the first paragraph, that is, complaints that do not fall within the scope of the labor security supervision, the labor security supervision agency shall inform the complainant; For complaints that fall within the scope of labor security supervision but are not within the jurisdiction of the labor and social security administrative department that accepts the complaint, the complainant shall be informed to submit it to the relevant labor and social security administrative department.

You can go directly to the court to sue.