1. What department should labor law consultation go to?
You can complain to the local labor inspection department or apply for arbitration to solve your labor dispute.
How to apply for labor arbitration;
(1) To apply for labor arbitration in the labor dispute arbitration committee of the local human resources and social security bureau (formerly the Labor Bureau), you must bring two arbitration applications and a copy of 1 applicant's ID card when filing the case; 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).
(two) after the submission of materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a time limit for proof and the other party a time limit for 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 we are dissatisfied with the ruling, we can bring a lawsuit to the court;
(3) You can handle it yourself, and you don't need to ask a local lawyer to represent you. I can provide you with remote guidance (I will help you write relevant legal documents), and you can still win the case;
(four) during the application for labor arbitration, you will not be delayed to work in the new unit.
Second, the 2020 labor law compensation standards for work-related injuries
(1) medical expenses
1. Requirements: The expenses for the treatment of work-related injuries conform to the Catalogue of Work-related Injury Insurance Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance.
2. Legal basis: Paragraph 3 of Article 30 of the Regulations on Industrial Injury Insurance.
3. Remarks: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution with a service agreement.
(2) Hospitalization food allowance
1, standard: 70% of the company's food subsidy standard for business trip.
2. Requirements: During hospitalization.
3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance.
4. Remarks: If there is no food subsidy standard for business trip, it shall be implemented with reference to the food subsidy standard for staff of local state organs.
(3) Transportation and accommodation expenses
1, standard: food subsidy standard for employees of this unit on business trip.
2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling institution shall agree that the injured workers shall seek medical treatment outside the overall planning area.
3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance.
Third, the scope of application of labor law.
Article 2 of the Labor Contract Law stipulates the scope of application of this law: namely, employers who establish labor relations with laborers and conclude, perform, change, dissolve or terminate labor contracts include the following four types:
Enterprises in China; Individual economic organizations; Private non-enterprise units; State organs, institutions and social organizations that establish labor relations with laborers.
The scope of application of the labor law only includes three types: enterprises in China; Individual economic organizations; State organs, institutions and social organizations that establish labor relations with laborers.
It can be seen that in the scope of application of employers, the Labor Contract Law has one more "private non-enterprise unit" than the Labor Law, which is obviously a step forward than the Labor Law.
The above is about which department you should go for labor law consultation. If you encounter a labor dispute, you can ask the labor arbitration department for help to solve the behavior that infringes on your legitimate rights and interests. If you have any other questions, please feel free to consult our lawyer.