Article 89 of the Labor Law of People's Republic of China (PRC) stipulates that if the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
Article 90 stipulates that if an employer violates the provisions of this law and extends the working hours of laborers, the labor administrative department shall give a warning, order it to make corrections, and may also impose a fine.
Article 91 stipulates that if an employing unit infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order it to pay the laborer's wages and economic compensation, and may also order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) Refusing to pay overtime wages to laborers;
(3) Paying workers' wages below the local minimum wage standard;
(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract. ?
Extended data:
If the employer infringes, it can complain to the local labor security supervision agency; If there is a labor dispute with the employer, it may apply to the local labor arbitration committee for arbitration; If you are not satisfied with the arbitration result, you can also bring a lawsuit to the local people's court.
If you encounter some complicated cases of overtime violation of labor laws, you can seek help from local trade unions, women's federations, Communist Youth League organizations, local news media, legal aid centers and other departments; If you want to know the labor security policy, you can also call "12333" for free labor security policy consultation. Therefore, if the company violates the labor law, employees can communicate with the company first to solve it.
Article 77 of the Labor Law of People's Republic of China (PRC) stipulates that if there is a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation. The principle of mediation applies to arbitration and litigation procedures.
Article 79 stipulates that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their own unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Article 80 stipulates that a labor dispute mediation committee may be established within an employer. The labor dispute mediation committee consists of workers, employers and trade union representatives. The director of the labor dispute mediation committee shall be a trade union representative. If an agreement is reached through mediation in a labor dispute, the parties concerned shall perform it.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Law