Complaint process of labor bureau supervision brigade

Because of labor contracts, wages and other issues, many people will have labor disputes, and many people will complain and handle them. First, the labor security supervision brigade complaint conditions 1. Violation of labor security laws, regulations and rules within 2 years. 2, there is a clear complaint unit, there is a labor relationship between the complainant and the complained unit, and the legitimate rights and interests of the complainant are infringed by the complained unit's violation of labor security laws, regulations and rules. 3. The complained unit is an employer registered within the administrative area of Minqing County. For complaints and reports that do not meet the above jurisdiction, please contact the local labor and social security administrative department. It belongs to the scope of labor security supervision and is under the jurisdiction of the labor inspection agency that accepts complaints. County labor inspection agencies shall be under the jurisdiction of county-owned enterprises, foreign-invested enterprises, central, provincial and foreign units stationed in Minqing. County labor inspection agencies have jurisdiction over county-owned enterprises, private enterprises and individual industrial and commercial households. Two. Complaint process of labor security supervision brigade (1) Accepting complaints: Letters reporting complaints or letters assigned and transferred by superior departments and other departments shall be unpacked and registered by complaint handling personnel; For petitioners or consultants, first fill in the "Registration Form for Letters and Visits" or "Registration Form for Consultation". In case of a collective complaint of more than 5 people for the same reason, it shall elect 1 to 5 representatives, fill in the power of attorney, and all personnel shall sign the power of attorney. If the information provided by the complainant does not meet the requirements, the receptionist shall inform the complainant to make corrections; For complaints that do not fall within the scope of labor security supervision, inform the complainant to reflect to the relevant departments; For complaints that fall within the scope of labor security supervision but are not under the jurisdiction of the labor inspection agency, inform the complainant to submit them to the labor inspection agency with jurisdiction. (2) Inspection, acceptance or registration: Letters reporting complaints shall be inspected at the time of unpacking and registration. Those who meet the conditions for filing a case shall be accepted according to law within 5 working days from the date of receiving the letter. Letters and complaints that meet the conditions for filing a case shall be accepted according to law within 5 working days from the date of receiving the complaint documents. Complaints that do not meet the conditions for filing a case shall be decided not to be accepted within 5 working days from the date of receiving the complaint, and the complainant shall be notified in writing (except for those whose names and addresses are unclear). (3) Diversion: The receptionist classifies the cases according to the reported complaints and makes corresponding diversion treatment: 1. For reported cases (such as unpaid wages, failure to go through employment procedures, failure to sign labor contracts, overtime work, wages below the minimum wage standard, collection of deposit, illegal use of child labor, infringement of female employees or failure to complete special labor protection rights and interests, etc.). ), fill in the letters and visits from the masses. 2. Labor dispute cases (such as wage payment dispute, labor contract dispute, resignation or dismissal dispute, industrial injury treatment dispute and economic compensation, compensation and liquidated damages dispute, etc.). ) administrative mediation can be carried out. If the facts are unclear or it is impossible to mediate or the parties are unwilling to mediate, they shall inform the complainant to file an arbitration application with the labor arbitration institution within 60 days from the date when they know or should know that their rights have been infringed. 3, belongs to a comprehensive case (both labor disputes and illegal reporting), respectively, according to the dispute and reported cases. 4. Consult relevant labor laws, regulations and policies, explain or answer the parties concerned or guide them to consult relevant business institutions in accordance with the provisions of relevant laws, regulations and policies. (four) investigation and handling: the investigation of violations of labor security laws, regulations or rules shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended for 30 working days upon approval. After the investigation of the case is completed, a decision on administrative punishment, administrative treatment or order for correction shall be made within 15 working days according to the facts and laws. (5) Follow-up reply: For cases handled by direct mediation, the receptionist will reply to the parties in time; For triage cases that need to be answered, follow up the results in time and reply to the parties within the prescribed time limit. (6) Closing the case and filing: the reception staff who report complaints shall sort out and file the closed cases within the prescribed time limit and input them into the computer. Three. The labor security supervision brigade shall, within 5 working days from the date of receiving the complaint, accept and file a case according to law. If the employer is found to have violated labor security laws, regulations or rules through reporting, the labor inspection agency will promptly file a case for investigation. The investigation of violations of labor security laws, regulations or rules shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended for 30 working days upon approval. After the investigation of the case is completed, a decision on administrative punishment, administrative treatment or order for correction shall be made within 15 working days according to the facts and laws. To sum up, the complaint process of the labor security supervision brigade is: review, accept or register the complaints received; Classify cases and handle them separately; Case investigation; Follow-up reply; Closing and filing

Legal objectivity:

Regulations on labor security supervision

Article 9

Any organization or individual has the right to report any violation of labor security laws, regulations or rules to the administrative department of labor 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 labor 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.