Traditional Culture Encyclopedia - Tourist attractions - Chengdu tourism complaint 24-hour hotline
Chengdu tourism complaint 24-hour hotline
1. Complaint settlement to the labor department: The advantage of complaint settlement is that once the employer receives the handling notice from the labor administrative department, if there is no special reason, the employer may pay the employee's salary in time under the pressure of the labor administrative department, so that the employee may solve the problem of wage arrears in the shortest time and at the lowest cost. Therefore, this method can be the first choice when dealing with arrears of wages. However, if the requirements of the workers are complicated, such as economic compensation and compensation. And need to be specifically identified, the labor administrative department may not be able to solve it, and labor arbitration procedures are needed;
2. Apply to the Labor Arbitration Committee for labor arbitration or bring a lawsuit to the court. If the labor dispute is relatively large and the dispute between the employee and the employer cannot be resolved through labor complaints, the employee can only apply to the local labor and personnel dispute arbitration committee for labor arbitration, and the dispute between the two parties can be resolved through arbitration. Labor arbitration is the pre-procedure to solve labor disputes, and it must be done first. If one party refuses to accept the arbitration result, any other party can bring a lawsuit to the court, except that the final ruling unit cannot bring a lawsuit. When it is settled by arbitration, workers have two choices:
(1) If the operation of the unit is stable, and the laborer wants to continue working in the unit, he can only ask for unpaid wages and maintain labor relations;
(2) If the company is in poor operating condition, it may be risky to continue working in the company in the future. In view of the fact that it is illegal for the employer to default on the wages of the workers, the workers can propose to terminate the labor relationship according to the regulations and demand payment of the arrears of wages and economic compensation. The economic compensation is calculated according to the number of years of work, one month's salary for one year, and the average salary for the twelve months before leaving the company. Less than twelve months, according to the average monthly salary before leaving the job.
Legal basis: Article 9 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.
If the employing unit violates the provisions of the state, it is in arrears or fails to pay labor remuneration in full, or it is in arrears with 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 10
In the event of a labor dispute, the parties may apply to the following mediation organizations for mediation:
(a) the enterprise labor dispute mediation committee;
(2) Grassroots people's mediation organizations established according to law;
(three) organizations established in towns and streets with the function of labor dispute mediation.
The enterprise labor dispute mediation committee consists of employee representatives and enterprise representatives. The representatives of the staff and workers shall be members of the trade union or elected by all the staff and workers, and the representatives of the enterprise shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a trade union member or a person recommended by both parties.
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