The labor bureau should be consulted about labor disputes. Article 4 of Judicial Interpretation III of the Labor Contract Law stipulates that "if a laborer has a dispute with an employer who has not applied for a business license, whose business license has been revoked or continues to operate after the expiration of the business term, the employer or its investor shall be listed as a party." If the labor bureau refuses to accept it, it can report it to the local letters and calls bureau. In case of labor disputes, the national unified consultation service telephone number of human resources and social security system is 12333, which is mainly used for business consultation of human resources and social security policies, government affairs disclosure, complaints and reports, social security account inquiry and other services. At present, most cities in China have opened the service telephone number 12333, and more than 80% cities have set up consulting service institutions, which can make inquiries and complaints by telephone. According to relevant laws and regulations, if a labor dispute occurs, the employee may negotiate with the employer, or ask the trade union or a third party to negotiate with the employer to reach a settlement agreement. In addition, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise provided by law.
What are our common labor disputes?
The company does not sign a written labor contract, purchase social security, pay overtime, dismiss, uneconomically lay off employees, leave the company, do not compete, and have no work-related injuries/deaths. In practice, the situation of labor disputes will be more specific and complicated, and we can make different responses or solutions according to different situations. To sum up, labor disputes should be solved by labor inspection departments or labor arbitration institutions. Labor disputes refer to disputes arising from differences in labor rights and obligations between parties involved in labor relations. Labor disputes are common disputes in reality.
Legal basis: Article 3 of the Labor Contract Law of People's Republic of China (PRC) shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility when concluding a labor contract. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Article 36 The employing unit and the employee may terminate the labor contract through consultation.