What should I do if my labor rights are violated?

There is no obligation to keep it, that is, if you have an obligation to keep it, then the owner should notify you in advance, or sign a custody contract with you (you only have the obligation to keep it, and you have this obligation to be responsible). Otherwise, you have no obligation to do so. The mailing contract is a contract between the owner and the mailing company, and the rights and obligations are borne by both of them, and there is no reason to ask you for compensation.

There is a saying in the law that there is no power and no obligation. If the unemployed company wants you to pay compensation, you can go to court and sue for unjustified deduction of your wages. Because they are your infringers, not the owners, you can only sue them.

Labor dispute arbitration is a pre-procedure for filing a lawsuit, and if you want to sue to protect your rights, then you must first apply for labor arbitration.

Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of its issuance

1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;

2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

Explanation: The meaning of this article is that the arbitration award is terminated, and the unit is not allowed to litigate. (In other cases, if you are not satisfied with labor arbitration, you can go to the court to sue) but you are allowed to sue in court if you are not satisfied with the award, that is, you can sue.

The person above said that "if the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage." "In my opinion, your salary is almost the minimum standard of the local area, and the law does not allow deductions, not to mention that your situation does not belong to the category of "if the employer suffers economic losses due to the employee's own reasons, the employer may require the employer to compensate for the economic losses in accordance with the provisions of the labor contract." ".

The above terms can only be met if your employer and the landlord have an agreement to mail the package and then inform you.

The Interim Provisions on Payment of Wages (promulgated by the Ministry of Labor on December 6, 1991) clearly stipulate that Article 16 If an employee causes economic losses to an employer due to his own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.

However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

It is certainly unreasonable and seriously violates the right of citizens to receive remuneration.

Labor Law: Article 3 stipulates that workers have the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases:

Article 13 The employer shall bear the burden of proof in the event of a labor dispute arising from a decision made by the employer to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the number of years of service of the employee, etc.

Circular of the Ministry of Labor on Printing and Distributing the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China".

40. If an employee terminates a labor contract in accordance with Article 32 (1) of the Labor Law, the employer may not pay severance but shall pay wages according to the actual number of days worked.

Article 32 (1) of the Labor Law:

Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

According to the judicial interpretations of the above laws and regulations, the employer shall pay remuneration, and if it fails to pay remuneration, it may initiate arbitration with the labor dispute arbitration commission where the employer is located, and the employer shall bear the burden of proof.

If you want to pay a fine for specific problems, it depends on the company's rules and regulations. However, in accordance with the provisions of the Interim Provisions on the Payment of Wages, the fine imposed by the unit shall not exceed 20 percent of the monthly wage. Therefore, your company is breaking the law. You can go to the local labor bureau to report the situation or arbitrate.

1. When labor rights and interests are infringed, the employer and the employee shall first negotiate and resolve the issue.

2. If no consensus can be reached, you can apply to the mediation organization for mediation, and if you cannot mediate, you can apply for labor arbitration.

3. If no consensus can be reached, you can directly apply for labor arbitration.

4. If the parties have objections to the arbitral award, they may file a lawsuit with the court.

1. Negotiation and mediation. It can be negotiated with the unit to deal with it on its own; You can also apply for labor mediation within the employer, and the Liangsheng Committee will preside over the mediation.

2. Whistleblowing and accusation. If you find that your labor rights and interests have been infringed, you can report it to the labor supervision or other labor law enforcement departments.

3. Arbitration and litigation. You may directly apply to the labor arbitration commission for labor arbitration without consultation or mediation by the labor mediation committee; Dissatisfied with the arbitration and filing a lawsuit with the court within 15 days from the receipt of the arbitration letter.

How to Consult Labor Arbitration?

1.You can call "12333" directly, which is a unified national complaint from the Ministry of Labor and Social Security**.

2.Labor arbitration shall be handled in accordance with the following procedures:

3.When applying for arbitration, the parties shall submit the arbitration agreement, the application for arbitration and their copies to the BAC.

4.If the conditions for acceptance are met after the hearing, the arbitration commission shall conduct the hearing within the prescribed time, and both parties shall attend.

5.The arbitration commission shall make an award in accordance with law.

1. When labor rights and interests are infringed, the employer and the employee shall first negotiate and resolve the issue.

2. If no consensus can be reached, you can apply to the mediation organization for mediation, and if you cannot mediate, you can apply for labor arbitration.

3. If no consensus can be reached, you can directly apply for labor arbitration.

4. If the parties have any objection to the arbitral award, they may file a lawsuit with the court.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Legal basis]:

Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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; Except as otherwise provided in this Law, a lawsuit may be filed in the people's court for dissatisfaction with the arbitral award.

Legal analysis: The employee can negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. This approach is conducive to the stability and harmony of labor relations.

If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply for mediation at the enterprise labor dispute mediation committee, a lawfully established grassroots people's mediation organization, or a relevant organization with labor dispute mediation functions established in townships and neighborhoods. If a worker suffers physical or mental damage due to failure to provide safe working conditions, in addition to bearing criminal responsibility and accepting administrative punishment, the worker shall also be compensated for the damage caused by the patter in accordance with the law.

Legal basis: Article 88 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, it shall be given an administrative penalty in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; Those who cause damage to workers shall be liable for compensation: (1) forced labor by means of violence, threats or illegal restrictions on personal freedom; (2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of laborers; (3) Insulting, physically punishing, beating, illegally searching or detaining laborers; (4) Poor working conditions or serious environmental pollution, causing serious harm to the physical and mental health of laborers.

If the personal rights and interests of the worker are violated, the worker may report to the local labor administrative department, or the worker may file a complaint with the labor union; If it is a female employee, it can also be reported to the local women's federation organization, and if the circumstances are serious, the situation can be explained to the public security organ.

Article 88 of the Labor Contract Law of the People's Republic of China If an employer has any of the following circumstances, an administrative penalty shall be imposed in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; Those who cause damage to workers shall be liable for compensation: (1) forced labor by means of violence, threats or illegal restrictions on personal freedom; (2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of laborers; (3) Insulting, physically punishing, beating, illegally searching or detaining laborers; (4) Poor working conditions or serious environmental pollution, causing serious harm to the physical and mental health of laborers.

Legal analysis: In China, citizens' personal rights are protected by law, and citizens' rights to life, health, and personal freedom are not violated. The Constitution clearly stipulates that the personal liberty of citizens shall not be invaded and disturbed, and it is forbidden to illegally detain and otherwise unlawfully deprive or restrict the personal liberty of citizens, and it is forbidden to unlawfully search citizens' bodies.

Workers should promptly report to the trade union and labor administrative department any act that violates their personal rights, and women workers can also report to the local women's federation organization, and if it is particularly serious, they should report to the public security organ to investigate the criminal responsibility of the infringer.

Legal basis: Article 88 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, it shall be given an administrative penalty in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; Those who cause damage to workers shall be liable for compensation: (1) forced labor by means of violence, threats or illegal restrictions on personal freedom; (2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of laborers, and disturbing Zheng Dou.

(3) Insulting, physically punishing, beating, illegally searching or detaining laborers; (4) Poor working conditions, serious environmental pollution, and serious damage to the physical and mental health of laborers.