Complaints about unfair wages and treatment

Measures to deal with unfair wage complaints:

1, report to the labor administrative department;

2. Apply to the Labor Arbitration Commission for arbitration;

3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after you get the arbitration letter;

4. Call 12333 directly to make a complaint.

1. Wage is agreed in the labor contract, which refers to the labor remuneration paid by the employer or the statutory employer to the laborer in the form of money according to laws, industry regulations or agreements with the laborer. Its components include:

Basic salary: it is a fixed amount every month.

Commission: sales staff, salesmen, real estate agents, tour guides of travel agencies, etc. According to the individual turnover of employees, employees can get more remuneration for their work.

Performance: it is the output produced by employees in the company.

Allowances: including high temperature allowance, night shift allowance, transportation allowance, rent allowance, telephone allowance, meal allowance, etc.

Second, the factors affecting wages:

1, internal factors

The so-called internal factors affecting wages refer to the factors related to the characteristics and conditions of the work or post undertaken by the workers, which mainly include the following:

(1) Laborers' labor

About labor, it can be divided into three forms, one is potential labor form, the other is mobile labor form, and the third is materialized labor form.

(2) the level of the position

A position contains both power and corresponding responsibilities.

(3) Technology and training level

In principle, the higher the technical level, the deeper the training level and the higher the salary.

(4) timeliness of work

Workers engaged in seasonal or temporary jobs usually have higher wages than those in normal employment. One basic reason is that these people may not find jobs easily after the working season or period has passed, and they will have no source of income during the period of unemployment; Second, these workers may not be protected by social security during their employment, because employers or enterprises usually do not need to pay labor insurance and other expenses for them; Third, these workers probably don't enjoy enterprise benefits, so their wages should be appropriately higher to provide some relief for their lives.

(5) the danger of work

Some jobs are dangerous, harmful to people's health, and even endanger people's lives. Some jobs have relatively bad working environment. On the one hand, the role of high salary in this kind of work is to compensate their physical consumption, endurance and adventurous spirit, on the other hand, it is also an encouragement and comfort from the psychological point of view.

(6) Welfare and preferential rights.

Some enterprises provide various benefits or give employees some preferential treatment as a supplement to their salary income, while enterprises without benefits or preferential treatment need to make up for their salaries appropriately to maintain the stability of key personnel in enterprises.

(7) age and length of service.

Theoretically speaking, the length of service can not reflect the labor ability of workers, nor can it reflect the labor achievements of workers, so the length of service does not belong to the category of distribution according to work, but in practice, the length of service is often a very important factor affecting wages and compensation for workers' past investments; Maintain a smooth age income curve; Reduce labor mobility. Linking the length of service of continuous enterprises with wages can stabilize the workforce and reduce the cost of enterprises.

2. External factors

The so-called external factors that affect wages refer to some economic factors that have nothing to do with the status and characteristics of work, but have a significant impact on the determination of wages. Compared with internal factors, external factors are more specific and easier to see.

(1) Living expenses and price level;

(2) The bearing capacity of the enterprise;

(three) the current wage level between regions and industries;

(4) the supply and demand of the labor market;

(5) Potential substitutes for labor;

(6) Demand elasticity of products.

legal ground

Article 26 of the Regulations on Labor Security Supervision

If the employing unit commits one of the following acts, the administrative department of labor security shall order it to pay the laborer's salary, the difference between the laborer's salary and the local minimum wage standard within a time limit or terminate the labor contract with economic compensation; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 1 times of the payable amount:

(1) Deducting or delaying the wages and remuneration of workers without reason;

(two) the wages paid to the workers are lower than the local minimum wage;

(three) the termination of the labor contract fails to give economic compensation to the workers according to law.

Article 74 of the Labor Contract Law

The labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system according to law:

(a) the rules and regulations formulated by the employer and directly related to the vital interests of workers and their implementation;

(2) The conclusion and dissolution of the labor contract between the employer and the employee;

(three) the labor dispatch units and employers to comply with the relevant provisions of labor dispatch;

(four) the employer's compliance with the provisions of the state on the working hours and rest and vacation of workers;

(five) the employer's payment of labor remuneration agreed in the labor contract and the implementation of the minimum wage standard;

(six) the employer's participation in various social insurances and payment of social insurance premiums;

(seven) other labor supervision matters stipulated by laws and regulations.

Article 85 of the Labor Contract Law

In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay laborers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.