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Personally, I feel that the labor bureau has received a lot of such cases, the only reliable thing is really only the local news ** can help you, as long as a light, the local labor bureau will intervene, if you report to the labor bureau alone, you must be disdainful when your business is a small matter, disdainful, there is to have a large field, the number of people is enough, only a few people report, generally will not be tried, don't waste your efforts, what you have to do is to call more colleagues in the same factory to report or gather at the door of the labor bureau, Finally, to give you more fierce support, my former colleagues are also because of arrears of wages and indiscriminate fines in wages, gathered dozens of employees of the company to the local labor bureau, downtown demonstrations, if you are brave enough to receive a good harvest, I wish you success!
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I know what it's like to go to arbitration to inquire about things, and I don't even raise my eyelids when I speak, and I can choke you to death by saying a word once in a while.
Whether it is accepted or not depends on how much evidence you have, and if you don't understand, you ask him, and if he doesn't tell you, call 12333 to complain to him. It's also a shortcut to find **.
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Legally speaking, it is necessary to fill in the above information, such as the name of the employer, the applicant's information, the application matters, the facts and reasons, and the details of the evidence, which are all required. If there is no such basic information, how can the arbitration commission accept it?
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Take the evidence to the labor inspection brigade to complain, and the labor inspection will contact your company to solve the problem.
If the labor inspection does not solve the problem, it can apply for labor arbitration.
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It is possible to apply for labor arbitration.
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Yes, the company's arrears of wages, failure to pay social insurance in accordance with the regulations, etc., need to be complained to the local labor and social security supervision agency. The supervision of labor security of the employer shall be under the jurisdiction of the human resources administrative department of the district where the employer is employed. If an employee believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she may file a complaint with the human resources administrative department of the district where the employee is located.
Legal basis: Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.
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Legal analysis: Reach an agreement with the unit, and the unit will pay the employee's salary. Complain to the local labor inspection brigade, and after coordination, the unit pays the employee's salary.
Apply for labor arbitration, and the employer will pay the employee's wages after the award. If the unit refuses to pay after the ruling, it may apply for transfer to the court for compulsory enforcement.
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 standard of minimum wage shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer 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 In 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) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;
2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;
If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
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If you are owed wages, you can file a complaint with the Labor Department by following these steps:
1.First, you can contact your company's finance or human resources department to find out what's going on and urge them to pay their back wages.
2.If the company refuses or is unable to resolve the issue, you can file a complaint with your local labor inspectorate. You will need to provide relevant evidence, such as employment contracts, pay slips, etc. Complaints can be made through the official website of the Labor Bureau, **, letters, or on-site consultation.
3.Once your complaint has been accepted by the Labor Bureau, they will investigate the situation and communicate with the company to resolve the unpaid wages as soon as possible. If the company still refuses to pay the arrears of wages, the Labor Bureau will impose administrative penalties on the company and take other measures to protect your legitimate rights and interests.
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You can first hit the labor inspection, if you don't deal with it, go to labor arbitration, and then litigate.
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The Labor Bureau may impose an administrative fine on the employer.
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If the department is suspected of arrears of wages, it may file a complaint with the labor bureau, and the labor administrative department shall order it to pay within a time limit; 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. Wages refer to the wages and remuneration paid by the employer to the employee in various forms in accordance with the provisions of the labor contract.
Article 9 of the Labor Dispute Mediation and Arbitration Law stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law. Article 17 of the "Regulations on the Supervision of Labor Security" stipulates that the investigation of violations of labor security laws, regulations or regulations shall be completed within 60 working days from the date of filing the case. If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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If you are in arrears of wages, you can file a complaint with the labor bureau, and the labor administrative department will order you to pay it within a time limit; 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. Wages refer to the wages and remunerations paid by the employer to the employee in various forms in accordance with the rules and regulations of the labor contract.
Article 9 of the Law on Mediation and Arbitration of Labor Disputes If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law. Article 17 of the "Regulations on the Supervision of Labor Security" The investigation by the administrative department of labor security shall be completed within 60 working days from the date on which the case is filed. If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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In general, there are the following ways to deal with wage arrears:
1. Negotiate with the unit, and the unit will pay the employee's salary.
2. Complain to the local labor inspection brigade, and after coordination, the unit will pay the employee's salary.
3. Apply for labor arbitration, and the unit shall pay the employee's wages after the judgment is made.
4. If the unit refuses to pay after the ruling, it can apply for transfer to the court for compulsory enforcement.
Legal basis] According to Article 5 of the Labor Mediation and Arbitration Law, 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, or if the mediation fails, 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.
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The Labor Bureau deals with the problem of wage arrears, and the Labor Bureau deals with the problem of wage arrears so generally, mainly by going to the company to verify, and then according to the feedback of the employee's complaint, the Labor Bureau deals with the problem of wage arrears, mainly by going to the company to verify, and then according to the feedback of the employee's complaint, the specific labor bureau deals with the problem of wage arrears so generally, mainly by going to the company to verify, Then, according to the feedback of the employee's complaint, the specific investigation will be demonstrated, and if the authenticity is verified, then the company will be urged to pay the employee's salary and safeguard the legitimate rights and interests of the employee.
The Labour Inspection Brigade of the Social Security Bureau is in charge of this matter.
The boss is in arrears of wages, and it is useful to go to the labor bureau to complain. Article 18 of the "Several Provisions on the Implementation of the Regulations on the Supervision of Labor Security" shall accept complaints that meet the following conditions in accordance with the law within 5 working days from the date of receipt of the complaint, and file a case for investigation and punishment on the date of acceptance: (1) the violation of the labor security law occurs 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 is within the scope of labor security supervision and is under the jurisdiction of the labor and social security administrative department that accepts the complaint. >>>More
There is no specific time for this, and labor arbitration cases are generally concluded within 60 days. If the other party does not enforce the judgment after the judgment, it will also apply for compulsory enforcement. >>>More
Useful. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. >>>More
Article 19 of the Interim Provisions on Payment of Wages stipulates that if a labor dispute arises 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. Article 38 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to pay labor remuneration in full and in a timely manner, the employee may terminate the labor contract. >>>More