Why are the bosses not afraid of complaints from the Labor Bureau now?

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.

If you have something, you complain; If the complaint is successful, you will win; You've won, it's a big deal that your boss loses your money, and you're going to look for a job again.

Whoever is responsible, bears it. Why do you have to be afraid of other people's bosses? You can't just go over and say good things as soon as you hear that someone is going to complain. To you is the boss, can you do this.

That's because the current bosses will be very principled in doing things, and there will be relevant rules and restrictions, and they will not do anything excessive.

Generally, if you go to sue him, the Labor Bureau will solve it, our factory has such a thing, there is a management, but the general manufacturer and the Labor Bureau have a certain relationship, if there are more than one person to sue the effect will be much better,

Maybe it's because the current boss is not afraid of boiling water, and he always feels that even if he complains, he can't do anything with him.

It is because some bosses are very arrogant now, and secondly, the boss's legal awareness is not high, so they are not afraid of complaints.

Legal Analysis: Private Bosses Are Afraid of Complaints from the Labor Bureau. There are three main consequences that an employee may face when suing the labor bureau:

may adversely affect the integrity and image of the business; Enterprises will pay certain legal costs or legal liabilities for this; Enterprises may face relevant administrative penalties. 1. Integrity: Since employees go to the labor bureau to complain, 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 punishments.

Legal basis: Article 18 of the Regulations on the Supervision of Labor and Social Security: The administrative department for labor and social security shall, on the basis of the results of investigation and inspection, make the following dispositions for violations of labor security laws, regulations or rules: (1) make an administrative punishment decision in accordance with law for those who shall be subject to administrative punishment in accordance with law; (2) Where corrections should be made and not corrected, order corrections or make corresponding administrative decisions in accordance with law; (3) Where the circumstances are minor and have already been corrected, withdraw the filing of the case.

If it is discovered that the case of violation is not a labor security supervision matter, it shall be promptly transferred to the relevant department for handling; and where a crime is suspected, it shall be transferred to the judicial organs in accordance with law.

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.

If the boss does not pay the salary, you can call 12333** to complain, or you can complain to the inspection brigade of the Labor Bureau. If the employer still does not pay wages after the complaint, it may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the court.

Article 85 of the Labor Contract Law of the People's Republic of China provides 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 labor contractor according to the standard of 50% to 100% of the amount payable: (1) Failure to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or state regulations; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange 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.

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.

1. Is it useful to complain to the labor bureau for labor disputes?

If the employee or employer has a dispute, it is useful to bring sufficient evidence to the labor inspection brigade of the local "Labor Dispute Arbitration Commission" or the "Human Resources and Social Security Bureau". It will help workers and employers to properly resolve labor disputes. There is no labor bureau for a long time, the country is stupid, the Ministry of Resources and Social Security is the Ministry of Human Resources and Social Security, the province is the Department of Human Resources and Social Security, and the human resources and social security bureau below the municipal level.

2. How to deal with labor disputes.

1. Negotiate and settle. After the occurrence of a labor dispute, the parties discuss the disputed matters so that the two parties can eliminate the conflict and find a way to resolve the dispute. Of course, settlement through negotiation is not a necessary procedure for resolving labor disputes, but the state recognizes the way in which the parties resolve labor disputes on their own.

If the parties are unwilling to negotiate or fail to negotiate, the parties may and have the right to apply for mediation or arbitration.

2. Enterprise mediation. After the occurrence of a labor dispute, the parties can apply to the labor dispute mediation committee of the unit for mediation, and if the enterprise reaches an agreement through mediation, a mediation document shall be made, and both parties shall consciously perform it (this agreement is not legally binding); If no agreement is reached within 30 days from the date of application by the parties, the mediation shall be deemed unsuccessful. The parties may apply to the Labor Dispute Arbitration Commission for arbitration within the prescribed time limit of 60 to 90 days.

In addition, if the parties are unwilling to mediate or renege after reaching an agreement through mediation, they may also apply directly to the arbitration commission for arbitration.

3. Labor arbitration. Labor disputes are generally accepted by the labor dispute arbitration commission within the administrative area where the dispute occurs, and when the unit where the dispute occurs and the employee are not in the same area under the jurisdiction of the labor dispute arbitration commission, the labor dispute arbitration commission where the wage relationship between the employee and the employee is located shall be handled. If either party is dissatisfied with the award, it shall file a lawsuit with the local people's court within 15 days of receiving the award.

4. Court judgment. If any party dissatisfied with the ruling files a lawsuit with the people's court, the court will proceed in accordance with the relevant procedures of the Civil Procedure Law. First of all, civil mediation will be conducted between the two parties, and if the two parties reach an agreement on the labor dispute, the court will formulate a civil mediation document, which will take effect immediately once it is served on the parties and has the same legal effect as the judgment.

If the mediation fails, the court shall make a written judgment within the prescribed time. If either of the original defendants is dissatisfied with the judgment, they may file an appeal within the statutory time limit (15 days from the receipt of the judgment) to the Shangdai Lu level people's court.

Legal analysis: 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 enterprise; 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 boss of the labor inspection agency, there will be adverse legal consequences or corresponding legal liabilities, such as fines.

Legal basis: Article 5 of the Labor Dispute 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 you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, you 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.