I. The reporting methods are as follows
1. Report to the labor administrative department (usually the labor management supervision brigade).
2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and the winning company will bear all the expenses).
3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter.
4. According to the regulations of the state, in arbitration or litigation, workers can be required to pay their wages in full within the specified time, and economic compensation equivalent to 25% of their wages can also be paid.
4. Report complaints to the labor inspection department, or apply to the labor arbitration committee for labor arbitration. If you complain or report to the labor and social security department, you can call the labor and social security hotline 12333. When making a complaint, you need to make a real-name complaint and provide your ID number and name. You can call several times to complain; Or go to the local labor station and the labor inspection brigade of the Human Resources and Social Security Bureau to complain. These institutions are specialized in handling labor disputes, and they will come to investigate and deal with them.
If it is not resolved, finally, labor arbitration will be implemented. If the company can explain that it is not withholding wages, but calculating the wage reduction according to law only because of the attendance and bonus agreed by both parties, the above-mentioned institutions will not handle it. In this case, if you think the company is really corrupt, you can file a labor arbitration.
legal ground
Notice of the Ministry of Labor on Printing and Distributing
Eighteenth, the labor administrative departments at all levels have the right to supervise the employer's wage payment. 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.
Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases
Fifteenth, the employer has one of the following circumstances, forcing workers to terminate the labor contract, the employer shall pay labor remuneration and economic compensation to the workers, and may pay compensation:
(a) forced labor by means of violence, threat or illegal restriction of personal freedom;
(2) Failing to pay labor remuneration or provide working conditions as agreed in the labor contract;
(3) Deducting or delaying the wages of workers without reason;
(4) Refusing to pay overtime wages to laborers;
(five) pay the wages of workers below the local minimum wage standard.
labour law
Article 50 stipulates that wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
Article 91 stipulates that if an employer deducts wages from or delays payment of wages to laborers without reason, thus infringing upon their legitimate rights and interests, the labor administrative department shall order them to pay wages and economic compensation, and may also order them to pay compensation. The employer's deduction of employees' wages needs to be handled according to the criminal facts caused. China's laws clearly stipulate that employers can't deduct wages, even if it is a normal withholding situation, such as social insurance and endowment insurance, it must be explained to employees before it can be handled.