Joke Collection Website - Public benefit messages - The boss defaulted on his salary. I have gone to the labor bureau to complain. It's been less than a month.

The boss defaulted on his salary. I have gone to the labor bureau to complain. It's been less than a month.

I have gone to the labor bureau to complain about the boss's arrears of wages. Up to now, there is no suggestion to apply for labor arbitration directly and ask the boss to pay the arrears of wages.

Arrears of wages violate the provisions of Article 50 of the Labor Law and infringe upon the legitimate rights and interests of workers.

Therefore, when the labor contract is dissolved according to the provisions of Article 38 of the Labor Contract Law, you are still entitled to economic compensation during your work.

The boss is in arrears with his salary. I complained to the Labor Bureau. Can the Labor Bureau let me find the village committee to solve it? If the employer defaults on wages, the laborer can only consult with the village Committee to solve it. If negotiation fails, the laborer may apply for labor arbitration and ask the employer to pay the arrears of wages.

How to apply for labor arbitration;

1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing).

2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;

3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.

Article 50 of the Labor Law of People's Republic of China (PRC) * * * Wages shall be paid to the workers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.

"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:

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

(2) refusing to pay overtime wages to laborers;

(3) paying workers' wages below the local minimum wage standard.

The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.

If I complain about the hotel's salary arrears, will the boss of the labor bureau retaliate against me? Since I am in arrears with my salary, I must complain.

What kind of revenge society is this? You have to explain to the labor bureau.

Let them protect you, be vigilant when necessary, and weigh yourself more.

Can't the boss complain to the local labor bureau if he is in arrears with his salary? I. Scope of acceptance

Where the enterprises, institutions and other employers under the jurisdiction of this district violate labor security laws and regulations, they all belong to the scope of accepting complaints.

(Note: For reported cases that do not meet the scope of acceptance, the parties concerned should be instructed to consult or appeal to the relevant departments).

Second, the acceptance conditions

1, violating labor security laws within two years;

2. There is a clear employer, and the legitimate rights and interests of the complainant are infringed by the employer's violation of labor security laws;

3. It belongs to the scope of labor security supervision and is under the jurisdiction of the administrative department of labor security that accepts complaints;

4. When making a complaint, the complainant shall submit the complaint documents.

Third, the required materials

1, the complainant should show his ID card, work permit, etc. compensation

2. Informants who report the violation of labor security laws, regulations and rules by their units shall produce valid certificates for establishing labor relations with their units, such as labor contracts, employment notices and salary cards.

Four, the form and content requirements of reporting complaints

1. Complaints are generally reported in written form and sent to the district labor security supervision brigade in person or by telephone.

2. The report materials shall include the following contents

(1) Name, gender, age, occupation, ID number, work unit, home address and contact information of the informant;

(2) the name of the reported unit, the name of the reported person, the detailed address (address), the name, position and telephone number of the industrial and commercial registration authority and the legal representative;

(3) The time, place, content, process, number of people involved and amount of the reported incident;

(4) The reported events must be true; (5) Reporting the matters required by the complainant;

(6) Signature of the informant, and indicate the reporting time.

Verb (abbreviation of verb) Acceptance and handling of cases

The labor security supervision brigade will classify reports of violations of labor security laws, regulations and rules according to the severity, urgency and delay of the case, and investigate and deal with them according to law.

1, which belongs to a labor dispute case between employees and units, the parties shall handle it according to the labor dispute mediation and arbitration law;

2. Cases of enterprises and institutions under the jurisdiction of the district shall be reported by the parties to the district labor security supervision brigade;

3, the district labor and social security supervision brigade after receiving the complaint that does not belong to the scope of acceptance, should inform the parties to the relevant departments for processing.

Time limit for accepting intransitive verbs

Accept the complaint within five working days from the date of acceptance, file an investigation from the date of acceptance, and complete the investigation within 60 working days. If the situation is complicated, it may be extended for 30 working days with the approval of the person in charge of the administrative department of labor security;

Make administrative punishment (administrative treatment or order correction) within 0/5 working days after the investigation;

If it fails to perform the administrative punishment or administrative treatment within 90 days, it shall apply to the people's court for compulsory execution.

Seven. The basis of processing

Labor Law, Regulations on Supervision of Labor Security, Provisional Regulations on Collection and Payment of Social Insurance Fees, Labor Contract Law, Provisions on Payment of Wages, etc.

The salary will be delayed for one month. Can I go to the labor bureau to complain that the boss's salary should be paid monthly? It is illegal to pay wages every other month, and this month's salary will be paid legally next month. Workers who pay wages in arrears, fail to pay wages or deduct wages can call 12333 to complain, which is the telephone number of the Human Resources and Social Security Bureau. You can also complain to the supervision brigade of the Labor Bureau.

Because the company fails to pay the labor remuneration on time, the employee can resign and ask for economic compensation. Laborers can report to the local labor inspection administrative department, and the labor inspection brigade will order the employer to pay wages. If the labor inspection brigade fails to coordinate, the laborer may apply for labor arbitration. Those who refuse to execute the labor arbitration award may apply to the court for compulsory execution.

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 workers' 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;

(4) Dissolving or terminating a labor contract without paying economic compensation to the laborer in accordance with this Law.

I have been working before my legal age, but my boss still owes him his salary. I went to the labor bureau to complain about his effectiveness. Dare you complain about him? It's horrible. Of course it works.

Can the boss complain to the labor bureau about unpaid wages by SMS? If the salary negotiation is unsuccessful, he can complain to the Labor Bureau. If the company is in arrears with wages, it should directly ask the company to default on workers' wages. Now the country has laws and regulations that it is illegal and criminal, so workers must be paid and companies and enterprises that violate the law must be severely punished.

You mainly look at article 7 of the law in this matter: 7. Enterprises should pay wages directly to the workers themselves, and it is strictly forbidden to pay them to "contractors" or other organizations and individuals who do not have the qualifications of employment subjects. Enterprises can entrust banks to pay workers' wages.

You can directly find the business owner, financial department and financial manager. It is best to solve the problem through consultation. If not, report the complaint to the local authorities (Labor Inspection Brigade, Human Resources and Social Security Bureau, Administration for Industry and Commerce, Construction Bureau, Court, Ministry of Supervision, 12345 complaint hotline, 12348 legal aid hotline). Remember, you must. For example, agreements and contracts, audio and video recordings about unpaid wages and demands for wages, punch-in records at work, work videos at work, various written materials, WeChat, SMS, insiders, reference materials, etc. Can be used as factual evidence.

The boss complained to the Labor Bureau about unpaid wages! Later! The labor bureau called for a lawsuit! Will you sue automatically if you don't go? After the labor inspection brigade files a case, it will not automatically withdraw the lawsuit.

After accepting the case, the labor inspection department conducts a preliminary investigation and considers that if the employer is suspected of violating labor laws and regulations and meets the conditions for filing a case, it shall file a case. After the case is filed, the illegal acts of the employing unit shall be investigated, ordered to make corrections, and administrative penalties shall be imposed if the circumstances are serious. In the case of private prosecution by the laborer, the labor department should continue to investigate and verify the illegal behavior of the employer, regardless of whether the laborer withdraws the lawsuit or not, until the employer corrects the illegal behavior and closes the case. In practice, "regardless of whether the laborer withdraws the lawsuit, the labor department should continue to investigate and verify the illegal behavior of the employer until there is evidence that the illegal behavior of the employer has been corrected and closed."

To sum up, if the laborer does not withdraw the case, the labor inspection department will not automatically withdraw the case of private prosecution of unpaid wages.

Suggestion: Submit or mail the application for withdrawal of lawsuit or proof of salary payment to the labor department.

The boss complained in the labor bureau about how to fill in the complaint form, and personally reported it to the local labor inspection brigade to apply for labor arbitration for compensation and compensation!

Wages shall be paid on the date agreed in the labor contract. If the employer is in arrears with wages, it may complain to the labor inspection and apply for labor dispute arbitration. If it is in arrears, it may apply to the people's court for a payment order.

1. According to the provisions of Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if the employing unit issues arrears of wages to the employees, the employees may directly apply to the people's court for a payment order.

To apply for a payment order, you need to submit an application, a debit note and the applicant's identity document. The application shall include the following contents:

1, basic information such as employee's name and employer;

2, the amount of wages paid by the laborer to the employer;

3. The facts and evidence on which the laborer's request is based;

4. The property status of the employer and the property available for execution.

2. According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if the employer defaults or fails to pay the labor remuneration in full, it may complain to the labor inspection, which shall accept and order the employer to pay within a time limit; If it fails to pay within the time limit, it shall be ordered to pay compensation according to 50% to 100% of the default amount.

Complaints to the labor inspection can be made orally or in writing, and I need to submit my ID card and the evidence that the employer is in arrears with wages.

3. Apply for arbitration to the labor dispute arbitration committee of the employer's domicile or the place where the labor contract is performed.

Labor dispute arbitration is an effective way to recover labor remuneration, which can generally be finally resolved. To apply for labor dispute arbitration, the applicant shall submit an arbitration application and * * * copies of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide information about the employer's industrial and commercial registration. The application for arbitration shall contain the following items:

(a) the name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person;

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

(3) Evidence and its sources, names and residences of witnesses.

If a copy is submitted, the original shall be submitted to the Arbitration Commission for inspection.

According to the fourth paragraph of Article 27 of the Labor Dispute Arbitration and Mediation Law, the special limitation period is applicable to the workers' recourse for labor remuneration, which is one year from the date of dissolution or termination of labor relations.

As some provinces and cities have not paid compensation within the labor inspection period, it is suggested to complain to the labor inspection first, and apply for labor dispute arbitration if they fail to pay within the time limit.

labour law

Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.

Ministry of Labour

Interim provisions on wage payment

Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.

Labor Contract Law

Article 85 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 workers' 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.

Law on Arbitration and Mediation of Labor Disputes

Article 9 If the employing unit violates the provisions of the state, it is in arrears or fails to pay the labor remuneration in full, or is in arrears with the medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.

Article 16 If a mediation agreement is reached on the payment of unpaid labor remuneration, work-related injury medical expenses, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to law with the mediation agreement. The people's court shall issue a payment order according to law.

Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.

Ministry of Human Resources and Social Security

Rules for arbitration of labor and personnel disputes

Article 29 When applying for arbitration, the applicant shall submit an application for arbitration, and submit copies according to the number of respondents.

The application for arbitration shall contain the following items:

(a) the name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person; (2) The arbitration claim and the facts and reasons on which it is based;

(3) Evidence and its sources, names and residences of witnesses.

If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the arbitration commission and confirmed by the applicant's signature or seal.

If the applicant's written arbitration application materials are complete, the Arbitration Commission shall issue a receipt.