Issues related to reporting complaints by the labor security supervision brigade.

Q: Who can complain to the labor security supervision agency?

A: Any organization or individual has the right to report violations of labor security laws, regulations or rules to the administrative department of human resources and social security. Laborers who believe that the employing unit has violated their legitimate rights and interests of labor security have the right to complain to the administrative department of labor security.

The administrative department of human resources and social security shall keep confidential the informants; Reward informants who provide main clues and evidence to investigate and deal with major violations of labor security laws, regulations or rules.

Q: Under what circumstances can I report a complaint to the labor security supervision agency?

A: 1. The employing unit illegally recruits minors under the age of 16;

2, the employer in the recruitment of workers to collect deposits, deposits and other fees or seizure of workers' certificates;

3, the employer fails to sign a labor contract or terminate the labor contract illegally;

4. The employer forces the laborer to extend the working hours;

5. The employer deducts or delays the wages of workers without reason;

6. The employer refuses to pay or fails to pay the extended working hours and holiday wages according to the standard;

7. The wage paid by the employer is lower than the local minimum wage standard;

8. After the employer terminates the labor contract, it fails to give economic compensation to the workers in accordance with the provisions of labor security laws, regulations and rules;

9, the employer violates the provisions of the special labor protection of female workers and underage workers;

10, the employer uses the workers who should have obtained the national vocational qualification certificate to engage in the corresponding technical jobs;

1 1. The employer fails to participate in social insurance according to law;

12. The employment agency, vocational skill training agency and vocational skill appraisal agency violate the national regulations on employment agency, vocational skill training and vocational skill appraisal;

13, other violations of labor security laws, regulations and rules.

Q: Is there a condition to complain and report to the labor security supervision agency?

A: Reporting complaints should meet the following conditions:

1, with a clear name, address and contact number of the reported complaint unit;

2, there are specific complaints, factual basis or basic clues, such as the specific illegal time, illegal behavior, illegal process and results. ;

3. The time limit for reporting complaints has not exceeded 2 years;

4. Reporting complaints and requests belongs to the scope of labor security supervision;

5. It is under the jurisdiction of the supervisory organ at the corresponding level.

Q: How do workers complain and report to the labor security supervision organization?

A: Workers can report complaints in the following ways:

1, direct visits, complaints and reports can directly reflect the situation to the local labor security supervision institutions;

2. Written letter: Please write down the details of the recipient according to the requirements of sending the letter to avoid misunderstanding or loss. Including: the recipient's address, unit, postal code, etc.

3. Call the service hotline for consultation, which is unified in the whole province12333;

4. Call or fax to complain. You can call the local report number directly. If you don't know the phone number, you can inquire through local 12333 or 1 14.

Visit to report complaints, to fill in the complaint registration form, to ensure its authenticity, so that the labor inspection department to investigate and deal with. If you can provide relevant evidence that the reported complaint unit is suspected of violating the law, please provide it as much as possible. If the number of complaints exceeds 5, please select 3 as representatives.

The labor inspection department encourages signature reporting. If the report provides important clues for investigating major cases, the first person who reports the real name will be given a bonus according to the regulations, and the one-time bonus is generally 200 to 2,000 yuan.

Q: Under what circumstances will the labor security supervision organization refuse to accept it?

Answer: In any of the following circumstances, the labor security supervision institution will not accept the complaint:

1. The matter for which the complaint is requested is being or has been applied for arbitration in accordance with the labor dispute handling procedures, or a lawsuit has been brought to the people's court;

2. The complaint request is not clear;

3. No relevant clues are provided and the illegal facts of the complained unit are unclear;

4 did not provide the name, domicile, illegal facts and other basic information of the complained unit;

5. The contents of the complaint are verified to be inconsistent with the facts;

6. The violation of labor security laws, regulations or rules has not been discovered by the labor security administrative department within 2 years, nor has it been complained;

7. Matters that do not fall within the scope of adjustment of the Labor Law, the Labor Contract Law and the Employment Promotion Law or complaints are not under the jurisdiction of the supervisory organ at the same level.

Q: How can workers defend their rights when they feel that their legitimate rights and interests have been violated?

A: When your labor security rights and interests are infringed, you can take the following rights protection methods:

1. When the legitimate labor rights and interests of workers are illegally infringed by the employer, they can complain to the labor inspection agency with jurisdiction in accordance with the above provisions;

2. When there is a dispute between the employee and the employer due to the performance of the labor contract or the performance of labor obligations and the enjoyment of labor rights and interests, they may apply to the local labor dispute arbitration committee for arbitration;

3. According to Article 30 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full or in arrears, the employee may also apply to the local people's court for a payment order according to law.

Q: How will the Labor Inspection Brigade handle the reports and complaints it receives?

After receiving reports and complaints, the labor inspection brigade has the right to conduct investigations and on-site inspections, and make a decision within 60 working days.

One. Should be subject to administrative punishment according to law, make a decision on administrative punishment according to law;

Two. Should be corrected but not corrected, it shall be ordered to correct or make corresponding administrative decisions according to law;

Three. If the circumstances are minor and have been corrected, the case shall be dismissed.

Four. If it is found that illegal cases do not belong to labor security supervision matters, they shall be promptly transferred to relevant departments for handling.

Five. Anyone suspected of committing a crime shall be transferred to judicial organs according to law.

Six. Violation of labor security laws, regulations or rules has not been discovered by the administrative department of labor security within 2 years, nor has it been reported or complained, and the administrative department of labor security will no longer investigate and deal with it.

Seven. Disputes over compensation between workers and employers shall be handled in accordance with the relevant provisions of the state on the handling of labor disputes.

Eight. The administrative department of labor security shall inform the complainant to handle the matters that should be settled through the labor dispute handling procedures or have applied for mediation, arbitration or litigation in accordance with the labor dispute handling procedures.