First, which department should be in charge of foreign labor disputes?
If the labor service company belongs to the enterprise supervised by the Ministry of Commerce, it can complain to the local commerce bureau; If you don't have any qualifications, go to the local industrial and commercial bureau to complain. Before going abroad, workers must apply for labor contracts abroad. Because going abroad for labor services involves many procedures, and it is an absolutely unfamiliar environment for laborers. Therefore, we must make all kinds of preparations before going abroad, especially learn to protect ourselves by law.
Second, how to avoid foreign labor disputes.
1. Choose an institution with the Qualification Certificate for Foreign Labor Cooperation or the License for Overseas Employment Agency to go through the formalities of working abroad;
2. When signing the contract, read the contract contents carefully, especially the clauses concerning wages, payment methods, welfare, compensation for casualty accidents, etc. And ask the other party to write the terms of oral commitment into the contract to prevent disputes in the future;
3. Keep every signed contract and ask for the payment invoice, which is an important legal basis for you to safeguard your legitimate rights and interests;
4. Check the validity period of the passport (the remaining validity period should generally be more than one year), so as not to affect the visa application due to the insufficient validity period of the passport, or to affect the itinerary due to the expiration of the passport abroad;
5. When you get a visa, don't trust the other party's promise to leave the country as a tourist first, and then go to the local area to change to a work status, so as not to fall into the trap. It is illegal to work on a tourist or visiting visa, which is easy to be used by local criminal gangs and punished by local laws;
6. Know the destination country where you work, collect information about the customs, climate, public security, AIDS, epidemic situation, medical conditions, traffic conditions, laws and regulations of the destination country as much as possible, and take relevant preventive measures.
3. What evidence does the labor dispute complaint have?
(a) payment vouchers or records (payroll), the payment of various social insurance premiums;
(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;
(3) Employment records such as Registration Form and Application Form filled out by employees;
(4) attendance records;
(5) Testimonies of other workers, etc.
Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.
Law on mediation and arbitration of labor disputes
Article 39 If the evidence provided by the parties is verified, the arbitration tribunal shall take it as the basis for ascertaining the facts.
If the laborer is unable to provide the evidence related to the arbitration request controlled and managed by the employer, the arbitration tribunal may require the employer to provide it within a specified time limit. If the employer fails to provide it within the prescribed time limit, it shall bear the adverse consequences.
The above is the relevant legal knowledge of which department is responsible for foreign labor disputes. To sum up, foreign labor disputes generally depend on how they are agreed with intermediary companies, and may be complained to the Bureau of Commerce or the Industrial and Commercial Bureau. If you have any other questions, please feel free to consult, and we will have professional lawyers to answer them for you.