Due to frequent labor disputes, there are the following ways to solve labor disputes:
First, consultation. After a labor dispute, especially a dispute over the treatment of work-related injuries, both parties should first reach a solution through consultation. This is the most common and often acceptable to both parties. In fact, industrial injury treatment disputes with less acute contradictions are often solved through this procedure. For employees, special attention should be paid to resolving disputes through consultation, because employees who suffer work-related injuries often have to work in employers. If too much emphasis is placed on solving problems through litigation, it may bring inconvenience to future work. Of course, we don't mean to make an inappropriate compromise with the employer, but we want to emphasize that negotiation is the most acceptable and effective way for both parties.
Second, mediation. It is the enterprise mediation Committee that mediates the labor disputes in this unit. Judging from the provisions of laws and regulations, this is not a necessary procedure. But it plays a great role in solving labor disputes, especially for employees who want to stay in their own units. It is an ideal choice to solve labor disputes through mediation.
Third, arbitration. If the labor dispute mediation fails, the parties may apply to the labor dispute arbitration committee for arbitration. The parties may also apply directly to the labor dispute arbitration committee for arbitration without mediation. According to the regulations, the parties shall apply to the Arbitration Commission for arbitration in writing within 60 days from the date when they know or should know that their rights have been infringed. The Arbitration Commission shall, within 7 days from the date of receiving the application, make a decision on whether to accept or not to accept it. The arbitration tribunal shall end the handling of labor disputes within 60 days from the date of the formation of the arbitration tribunal. If the case is complicated and needs to be postponed, it may be appropriately extended with the approval of the Arbitration Commission, but the extension period shall not exceed 30 days. It should be emphasized that arbitration is a necessary procedure to deal with labor disputes. In other words, without arbitration procedure, the parties may not bring a lawsuit directly to the people's court, otherwise, the people's court will not accept it.
Fourth, litigation. The parties are dissatisfied with the arbitration award; You can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. The civil court of the people's court accepts labor dispute cases in accordance with the provisions of the Civil Procedure Law and the Labor Law. The probation period is 6 months. If there are special circumstances that need to be extended, it can be extended with the approval of the president. If a party refuses to accept the judgment of the people's court of first instance, he may appeal. The judgment of second instance is final and the parties concerned must carry it out.
Legal consequences of wage arrears
1. The employee may terminate the contract.
According to Article 38 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and on time, the employee may terminate the labor contract.
Pay remuneration
According to Article 85 of the Labor Contract Law, if the employing unit fails to pay the laborer's remuneration in full and on time in accordance with the labor contract or the provisions of the state, the labor administrative department shall order it to pay the laborer's remuneration within a time limit; If the wages paid by the employer to the workers are lower than the local minimum wage, the difference between the periods shall be paid; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% and less than 000% of the payable amount.
What should I do if I am owed wages?
If the employer is in arrears with wages, it may complain to the safety supervision brigade of the labor department or directly apply for labor arbitration.
First of all, you should go to the urban labor bureau to complain about your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate. If it is true, they will come forward to mediate and warn you that the company's behavior has violated the labor law. If you encounter a company that refuses to implement it, they will enforce it.
Unit wage arrears is a common problem, which can be solved by the following methods:
1, reported to the labor administrative department (generally the labor management supervision brigade).
2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and the company will bear all the success).
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.
According to the national regulations, in arbitration or litigation, you can demand that in addition to paying the wages and salaries of the workers in full within the specified time, you also need to pay economic compensation equivalent to 25% of the wages and salaries.
If readers need legal help, they are welcome to seek legal advice.