What is the relationship between the Human Resources and Social Security Bureau, the Personnel Bureau, and the Labor Bureau?

Some people are always asking, if I encounter a labor dispute, what should I do if I go to the Labor Bureau to complain and they are ignored? In line with the principle of reducing the threshold and cost of rights protection to the greatest extent, it seems that I need to help everyone popularize the Bureau of Human Resources and Social Security The basic responsibilities of the (Labor Bureau), Social Security Bureau and Arbitration Committee. The first thing to make clear is that it is already 2021, and there is no such thing as a "labor bureau" for a long time. Also missing long ago was the "Personnel Bureau". So don't talk about going to the Labor Bureau to complain. If you don't even get through the right door, isn't this making it more difficult for yourself? So the correct name is: Human Resources and Social Security Bureau, or Human Resources and Social Security Bureau for short. As early as 2008, the fourth plenary session of the 11th National People's Congress reviewed and approved the establishment of the Ministry of Human Resources and Social Security. Since then, the previous labor bureaus and personnel bureaus of various provinces, municipalities, and municipalities have been merged into human resources and social security bureaus. The Social Security Bureau is also an old saying. Now it is generally called the Social Insurance Fund Management Center. For example, the one in Beijing is called Beijing Social Insurance Fund Management Center, the one in Guangzhou is called Guangzhou Social Insurance Fund Management Center, and the one in Shanghai is called Shanghai Social Insurance Management Center. Only the one in Shenzhen is still called Shenzhen Social Security Fund Administration Bureau. The Social Security Fund Management Center is an agency directly under the Bureau of Human Resources and Social Security, so if you search the XX Municipal Social Security Bureau online, the websites that appear without exception are the websites of the local Social Security Bureau. After entering the website, you can easily find and apply for social security Business related pages or windows. In addition, the labor inspection department that we often mention is called the Labor Inspection Brigade or the Labor and Social Security Inspection Office. In fact, it is also one of the internal agencies of the human resources and social security bureaus in various places. So if you want to complain to the labor inspection department, you can usually find it in the service hall of the Human Resources and Social Security Bureau. One more thing to say here is that most of the functions of labor inspection departments in various places also include administrative law enforcement supervision of employers’ compliance with labor and social insurance laws, regulations, and rules; accepting complaints from people and units that violate labor and social insurance laws, regulations, and rules. These two functions include reporting and investigating cases of regulatory behavior. Therefore, when you encounter labor disputes, you must dare to go to the labor inspection department. In many cases, labor arbitration is not the first choice. The intervention of the labor inspection department is often enough to help you. Solve the problem. Attached here is a paragraph about the main responsibilities of the Beijing Municipal Labor Inspection Corps: implement labor and social insurance laws, regulations, and rules, and formulate specific implementation plans for organizing and implementing labor and social insurance inspections based on the actual situation of the city; publicize labor and social insurance Laws, regulations and policies, educate and guide employers and workers to consciously abide by and implement them; be responsible for the administrative law enforcement supervision of all employers and other employment entities within the city's administrative region in complying with labor and social insurance laws, regulations and rules; accept complaints from the masses and The unit investigates and handles reported cases of violations of labor and social insurance laws, regulations and rules; assists district and county labor and social insurance supervisory agencies in investigating and handling key and difficult reported cases; guides and coordinates the business work of district and county labor and social insurance supervisory agencies. Let’s talk about the arbitration committee again. Its full name is the XX District Labor and Personnel Dispute Arbitration Committee. Similar to the merger of the Labor Bureau and the Personnel Bureau into the Human Resources and Social Security Bureau, the Labor and Personnel Dispute Arbitration Committee was established by the merger of the Labor Dispute Arbitration Committee and the Personnel Dispute Arbitration Committee.

The Arbitration Commission has a physical office under it. The one specifically responsible for daily work such as dispute mediation and arbitration is the Labor and Personnel Dispute Arbitration Court. So the place where you actually hold court is called the Court of Arbitration. Generally speaking, there is no subordinate relationship between the labor and personnel dispute arbitration committee and the human resources and social security administrative department. It is established by the decision of the local people's government. But there are some exceptions. For example, in Shanghai, the Shanghai Labor and Personnel Dispute Arbitration Court is an institution directly under the Shanghai Municipal Bureau of Human Resources and Social Security. Finally, there is the issue that many people are concerned about which labor dispute arbitration committee should be filed. It's very simple, because it only involves two places: the place where the labor contract is performed and the location of the employer. In many cases, the place where the labor contract is performed is the same place as the employer. There is no question of which one to choose. It doesn’t matter who you choose, and it should be under the jurisdiction of the same arbitration committee. Only when the place where the labor contract is performed is not at the same place as the employer is located, will the issue of jurisdictional confirmation arise. The most common thing is that the company is registered in area A, but in order to carry out business in area B, an office is set up in area B, and Zhang San, a local in area B, is recruited as a development manager to engage in the development of related businesses. If there is a dispute between Zhang San and the company, Zhang San can choose to go to place A to file for arbitration. Of course, he has more reason to file for arbitration in his hometown B to save unnecessary transportation and accommodation fees. For the protection of workers, the law stipulates that when a company chooses place A (the place of company registration) and the worker chooses place B (the place of actual performance), the place of actual performance shall prevail. If both parties apply for arbitration to the arbitration committee at the place where the labor contract is performed and the employer is located respectively, the arbitration committee at the place where the labor contract is performed shall have jurisdiction. So the question arises, how to confirm the place where labor is performed? Let’s look at what the law says: Article 8 of the “Labor and Personnel Dispute Arbitration Rules” stipulates that the place where the labor contract is performed is the employee’s actual workplace.

The actual workplace of the worker should be the place where the worker works for a long time, and the place where the worker works for a very short time should be excluded. Therefore, the location of the office where you go to work every day is the place where your labor is performed. Some people's work can be completed at home, so the location of their residence can also be recognized as the place where the labor contract is performed. In more extreme cases, some sales positions do not have a fixed office space, so we need to identify the location of the main target of their services as the place where the labor contract is performed. By the way, some employers will stipulate the jurisdiction of labor arbitration in advance in the labor contract between the two parties. This is invalid. The place of company registration and the actual place of labor performance as stipulated by law shall prevail. Legal basis: Article 8 The place where the labor contract is performed is the actual workplace of the employee, and the location of the employer is the place of registration or registration of the employer or the location of the main office. If the employer has not been registered or registered, the location of its investor, founding unit or competent department shall be the location of the employer. If both parties apply for arbitration to the arbitration committee at the place where the labor contract is performed and the employer is located respectively, the arbitration committee at the place where the labor contract is performed shall have jurisdiction. If there are multiple places where the labor contract is performed, the arbitration committee that accepts the case first shall have jurisdiction. If the place of performance of the labor contract is unclear, the arbitration committee where the employer is located shall have jurisdiction. After the case is accepted, if the place where the labor contract is performed or the location of the employer changes, the jurisdiction of the dispute arbitration will not be changed.