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How does the labor inspection department complain?
Complaint procedure of labor inspection brigade:
1. Acceptance of reporting complaints: Letters reporting complaints or letters assigned or 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.
II. Examination, acceptance or registration:
When unpacking and registering, the letters reporting complaints should be checked. 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).
Third, diversion:
The receptionist classifies the cases according to the reports and complaints, and makes corresponding triage treatment:
1. Report cases (such as unpaid wages, failure to go through employment procedures, failure to sign labor contracts, overtime work, wages below the minimum wage, collection of deposit, illegal use of child labor, infringement of special labor protection rights and interests of female employees or low-income people, etc.). ) Fill in the Handling Form for Letters and Visits from the Masses and report it for examination and approval, and the labor inspection brigade will investigate and handle it.
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.
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