2. You can go to the labor inspection brigade to ask more questions and see what progress has been made; If it is not resolved within the time limit, it may complain to the superior labor and social security department;
3, according to the law "labor security supervision regulations"
Seventeenth labor and social security administrative departments to investigate and deal with violations of labor and social security laws, regulations or rules, should be completed within 60 working days from the date of filing; If the situation is complicated, it may be extended for 30 working days with the approval of the person in charge of the administrative department of labor security.
How to file a case with the Labor Bureau? Labor bureau put on record? To solve labor disputes, the labor bureau has no right to file a case. Filing a case is a special right enjoyed by public security organs and procuratorates in criminal trial activities. The labor bureau can solve labor disputes, but it cannot file a case. If the labor bureau can't solve the problem or is not satisfied with the result, it can bring a lawsuit to the court.
I have filed a complaint with the Labor Bureau, which said that a case has been filed. If negotiation fails, I would like to ask the workers to apply to the Human Resources and Social Security Bureau for arbitration.
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 21
The labor dispute arbitration commission is responsible for the jurisdiction of labor disputes in this area.
Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed.
I will go to Jimo Labor Bureau for arbitration and filing recently. What is the road and number of the filing department of Jimo Labor Bureau? What's the phone number? Zhenhua Street, Jimo 128, telephone 8853 1462.
How to apply to the labor bureau for filing and handling work-related injuries;
1. Work-related injury identification application: Human Resources and Social Security Bureau of the insured place (uninsured place: where the employer is located)
2. Apply for labor ability appraisal: Municipal Labor Ability Appraisal Committee.
3. The employer has paid work-related injury insurance and applied to the Human Resources and Social Security Bureau for work-related injury benefits paid by the work-related injury insurance fund; At the same time, the employer is required to pay the remaining compensation for work-related injuries. If the employer fails to pay, the employer shall pay in full.
4. If the employer refuses to pay, the employee may apply to the labor dispute arbitration committee for labor arbitration.
Can the Labor Bureau drop the lawsuit after filing a case? After the parties apply for labor dispute arbitration, they can settle by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn.
Article 1 of the Labor Dispute Mediation and Arbitration Law. Article 41 After applying for labor dispute arbitration, the parties may settle the dispute by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn.
2. Article 42 Before making an award, the arbitration tribunal shall conduct mediation first.
If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement.
The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties.
Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.
Do I have to go to the labor bureau to complain before signing a labor contract for arbitration? You don't need to go to the labor bureau to complain before signing the labor contract arbitration. Where there is a labor dispute between the employee and the employer, the employee may complain to the labor inspection department where the employer is located, or apply for labor arbitration to the labor dispute arbitration committee where the employer is located.
Materials and procedures to be prepared for applying for labor arbitration:
I. Acceptable matters
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
Second, the materials to be submitted
(1) Submit an application for labor dispute arbitration to the labor dispute arbitration committee in duplicate, including:
1. Name, gender, date of birth, nationality, address and telephone number of the employee.
2. The name, address, name and position of the legal representative of the employer.
3. The arbitration claim and the facts and reasons on which it is based.
4. Evidence and sources, names and residences of witnesses.
5. Name of the delivery unit.
(2) Submit the following materials to the Labor Arbitration Committee while submitting the application for labor dispute arbitration:
1, copy of ID card;
2. Relevant certificates of labor relations; Other supporting materials.
3. If the applicant is an employer, a copy of the business license of the enterprise as a legal person shall be submitted; Identification certificate of the legal representative;
4. If there is an entrusted agent, submit a power of attorney. If the entrusted agent is a lawyer, an official letter from the law firm shall be submitted; If the agent is a citizen, submit a copy of the agent's ID card.
Three. Acceptance and arbitration procedure
(1) Submit an application for labor arbitration and relevant evidence;
(2) If the application meets the requirements, the Arbitration Commission shall make a decision on acceptance or rejection within 5 days from the date of receiving the application. If the arbitration commission decides to accept the case, it shall serve a copy of the application to the respondent within 5 days from the date of the decision and form an arbitration tribunal; If the applicant refuses to accept the decision, explain the reasons, and the applicant may bring a lawsuit to the people's court on the labor dispute.
(3) After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. The respondent's failure to submit the defense shall not affect the arbitration proceedings. The parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it within the specified time limit. If the employer fails to provide it, it shall bear the adverse consequences.
(4) Labor dispute arbitration shall be conducted in public, unless the parties agree not to conduct it in public or involve state secrets, business secrets and personal privacy. The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission.
(5) If a party refuses to appear in court without justifiable reasons after receiving the notice, or withdraws from court without the consent of the arbitration tribunal, it shall be deemed that the applicant has applied for withdrawal, and the respondent may make an award by default.
(6) When handling a labor dispute, the arbitration tribunal shall conduct mediation first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily, and make a conciliation statement on the contents of the agreement, which will become legally effective after being signed by both parties. Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.
(seven) the arbitration tribunal shall, within 45 days from the date of accepting the application for arbitration by the labor dispute arbitration commission, make a ruling on the labor dispute case. If the case is complicated and needs to be postponed, it may be postponed upon approval, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
(8) If the applicant withdraws the application for arbitration before the arbitral tribunal makes an award, and the arbitral tribunal considers that the withdrawal of the application is established after examination, it will issue a decision to both parties to approve the withdrawal of the application; However, if the respondent files a counterclaim, it will not affect the trial of the counterclaim.
You don't have to complain.
You can not directly arbitrate.
After arbitration, if you are dissatisfied with the award, you can bring a lawsuit.
Law on mediation and arbitration of labor disputes
Article 5 In the event of a labor dispute, 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 stipulated in this Law.
Go to the labor bureau to get paid. Can I drop the lawsuit after filing a case? You can drop the charges. Referring to Article 41 of the Law on Mediation and Arbitration of Labor Disputes, after applying for labor dispute arbitration, the parties may settle by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn.
If you go to the labor bureau to file a case, nothing will be given. Do you need proof?
Ask him for the money he owes.
Mobile phone recording is also legal evidence.