2. Article 9 of the Labor Dispute Mediation and Arbitration Law. If the employing unit of labor supervision violates the provisions of the state, it is in arrears or fails to pay labor remuneration in full, or it is in arrears with medical expenses, economic compensation and work-related injury compensation, the laborer may complain to the labor administrative department, which shall handle it according to law.
Article 17 of the Regulations on Labor Security Supervision, the administrative department of labor security shall complete the investigation within 60 working days from the date of filing the case for violation of labor security laws, regulations or rules; 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.
4. Notice of the Ministry of Labor and Social Security on Relevant Matters Concerning the Establishment of Labor Relations Article 2 If an employer has not signed a labor contract with a worker, it may refer to the following documents when determining whether there is a labor relationship between the two parties:
(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.
Pay workers' labor remuneration in full according to law; It is an obligation that the employer should perform. Professional labor dispute lawyers believe that employers do not pay labor remuneration according to law, including the following situations:
1, where the wage paid by the employer is lower than the local minimum wage standard;
2. The employer deducts the wages of the workers;
3. The employer is in arrears with the wages of the workers;
4. The employer fails to pay overtime wages to the workers according to law. In this case, workers can safeguard their rights and interests in two ways; At the same time, the employer should also bear the corresponding legal responsibilities.
(1) Claim through labor inspection.
According to the provisions of the labor contract law, the employer
(1) Failing to pay workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(4) If the labor contract is dissolved or terminated, and economic compensation is not paid to the laborer in accordance with these provisions, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference 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.
(2) Request economic compensation through labor dispute arbitration.
According to the Measures for Economic Compensation for Violation and Termination of Labor Contract issued by the former Ministry of Labor, if an employer deducts or delays the wages of workers without any reason and refuses to pay the wages of workers for extended working hours, in addition to paying the wages of workers in full within the specified time, it also needs to pay economic compensation equivalent to 25% of the wages. If the wage paid by the employer to the laborer is lower than the local minimum wage standard, it shall make up for the lower part and pay the economic compensation equivalent to 25% of the lower part.
It should be noted that after the promulgation and implementation of the Labor Contract Law, the economic compensation measures for violating and dissolving labor contracts will not be abolished. However, in reality, in some areas, workers are allowed to choose to apply different legal provisions, and in some areas, compensation can only be demanded through labor security supervision. Therefore, in practice, workers should claim their rights according to local policies or standards.