What will happen if the employee sues the company?

Legal analysis: Employees suing the labor bureau may face three main consequences: 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.

1. Since the integrity of the employee complains to the labor bureau, it means that there are certain problems in the management of labor relations of the enterprise, and when the relevant labor disputes are brought to the labor bureau, it may have a certain impact on the integrity and image of the enterprise. 2. Legal costs and legal liabilitiesWhen the relevant labor disputes are brought to the labor bureau, the enterprise must entrust employees or lawyers with relevant legal expertise to deal with it, so this requires legal costs. If the enterprise is at fault in the relevant labor dispute, then it also needs to bear the corresponding legal responsibility.

3. Administrative PenaltiesAccording to the Regulations on Labor and Social Security Inspection, if the labor inspection brigade finds that the enterprise has committed certain misconduct in a labor dispute, it may impose relevant fines and penalties on the enterprise. There are three kinds of penalties imposed by the Labor and Social Security Bureau: one is to correct mistakes, such as the payment of wages to the enterprise in arrears; 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 80 of the Labor Contract Law of the People's Republic of China If the rules and regulations of an employer directly related to the vital interests of employees violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give a warning; If any damage is caused to the worker, he shall be liable for compensation. Article 81 Where the text of the labor contract provided by the employer does not specify the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

If the integrity and image of the enterprise are damaged, the enterprise may face relevant administrative penalties, which is not conducive to the company's recruitment of talents and financing loans.

If the enterprise violates the labor law and infringes on the interests of employees, or if the employee is dissatisfied with the practice of labor relations, he or she can file a complaint with the labor bureau. There are thousands of reasons for complaining, and enterprises must identify the reasons why employees file complaints with the labor bureau. According to the provisions of China's labor law, when an employee complains to the labor bureau about the enterprise, the corresponding consequences that the enterprise needs to bear shall be determined according to the established facts of the violation, and generally bear the consequences of administrative penalties and compensation.

Legal analysis: If a company is sued by its employees to the labor bureau, then the company's reputation will be affected to a certain extent. Because the company will be inspected by the relevant departments of the labor bureau, the company is generally not allowed to operate during the inspection period.

If the relevant department of the labor bureau confirms that the incident told by the employee is true after inspection, then the labor bureau will punish the company accordingly. For example, the company needs to compensate the employee or apologize accordingly.

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.

Legal Analysis: No impact on the individual, no impact on the company.

1. The impact on the employer if the employer is sued to the labor bureau: at least the disputed matters are filed in the labor bureau, which will always have a negative impact on the leadership; If the dispute is valid, the employer needs to rectify the matters claimed by the employee if there are at least any irregularities in the employer.

2. No matter what you ask, you must prove your labor relationship, and get colleague certificates, tooling, punch records and other evidence that can prove your work. The name of the employer. Evidence and evidence**, names and residences of witnesses.

3. If it is really difficult to write an arbitration application, the applicant may apply orally, and the name and position of the legal representative or the main person in charge shall submit a written application for arbitration when applying for arbitration; The claim for arbitration and the facts, reasons, place of work and domicile on which it is based. If it is really difficult to write the arbitration application, a copy of the applicant's ID card and the employer's industrial and commercial machine-readable file and relevant evidence.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Legal analysis: If the company violates the labor contract, the employee can file a complaint with the labor inspection department where the employer is located, or apply to the labor dispute arbitration commission where the employer is located to apply for labor arbitration for adjudication to protect the legitimate rights and interests.

Legal basis: Labor Contract Law of the People's Republic of China

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Article 78 Trade unions shall safeguard the rights and interests of workers in accordance with the law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; If the laborer applies for arbitration or initiates a lawsuit, the trade union shall give support and assistance to the wide stool in accordance with the law.

Article 79 Any organization or individual has the right to report violations of this Law, and the people's labor administrative departments at or above the county level shall promptly verify and deal with them, and reward those who have made meritorious contributions.

Legal Analysis: Yes, according to Article 1 of the Labor Contract Law, the employee seriously violates the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; At the same time, the employer establishes a crude labor relationship with another employer, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; The employer may terminate the labor contract;

If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.

Legal Analysis: If the evidence is sufficient, it can be won.

Legal basis: Labor Contract Law of the People's Republic of China

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.