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How to report the company squeezing employees' labor force
First of all, labor arbitration should be submitted to the local labor department. If you are dissatisfied with the arbitration result, you can bring a lawsuit to the people's court. Local labor and social security departments have labor inspections, and you can get telephone or other contact information through service halls or websites. Individuals who are dissatisfied with the enterprise can report the illegal acts of the enterprise to the labor inspection department.
First, how to report the company
You can complain and report to the labor security supervision institution by letter, e-mail, fax, telephone or visit. Materials required for complaint:
1, employee visit registration form; If the employee complains, it shall be filled in by the employee himself; If an employee complains by telephone, letter (letter) or e-mail, the employee shall fill in the complaint form according to the content.
2. Copy of employee's valid ID card (original inspection).
3. Proof of employee's labor relations (such as: labor contract, work permit, work card, factory label, payroll (single), employment registration certificate, punishment certificate, notice or proof of dismissal/dismissal/dissolution (or termination) of labor relations, etc. ).
4. Original proof of wage income (such as the running list confirmed by the bank seal and the payroll confirmed by the employer seal).
5, entrust others to complain, submit the original power of attorney, a copy of the client's ID card (original inspection); The power of attorney shall be signed by the employee himself, and the entrusted matters and authority shall be specified at the same time.
Second, how to report the company's arrears of employees' wages?
Bring the following materials to report to the human resources administrative department of the employee's district:
1, report everyone's ID cards;
2. Labor contract;
3, the employer issued to the workers "work permit", "service certificate" and other documents that can prove identity;
4, wage payment vouchers or records (payroll), pay social insurance premiums;
5. Recruitment records such as Registration Form and Registration Form filled out by employees;
6. Attendance record;
7. Other materials to prove labor relations.
According to Item (6) of Article 11 of the Regulations on Labor Security Supervision, the administrative department of human resources and social security conducts labor security supervision on the implementation of the minimum wage standard by employers and the payment of wages, economic compensation and compensation to workers. Therefore, if the employer fails to pay the employee's remuneration in full and on time, the employee can report to the district human resources administrative department where the employee is located.
Third, how to report the company's failure to pay social security?
The employing unit shall fulfill its obligation to pay social insurance for workers in a timely manner according to law. The employer establishes a labor relationship with the employee, that is, within 30 days from the date of employment, it applies to the social insurance agency for social insurance registration. The general way of social security maintenance is to complain to the social security collection agency where the labor relations are located. Social security agencies generally have social security audit departments, which are responsible for this kind of audit work. If a unit fails to pay, underpays or neglects to pay social security, complaining to the social security agency can have a good effect. Of course, you can also call 12333 for consultation before you complain. I would also like to remind netizens that the premise of paying social security is to establish a labor relationship with workers, so if you can't prove that there is a labor relationship with the unit, you can't complain.
4. How to report the company's forced overtime work?
First of all, the employer needs to negotiate with the workers to arrange overtime work, and pay overtime wages to the workers according to legal standards; Secondly, it is illegal for employers to force workers to work overtime against their wishes. Workers can complain and report to the labor inspection department where they work, and the labor inspection department will order them to make corrections and pay them overtime wages according to legal standards. Thirdly, if the laborer is forced to work overtime, after collecting fixed evidence, the laborer may, according to the provisions of Article 38 of the Labor Contract Law, propose to terminate the labor relationship with the employer, apply for labor arbitration, and ask the employer to pay economic compensation and overtime wages. However, it should be noted here that the laborer should bear the burden of proof for the fact of overtime work.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 79 of People's Republic of China (PRC) Labor Contract Law
Any organization or individual has the right to report violations of this law, and the labor administrative department of the people's government at or above the county level shall promptly verify and deal with them, and reward those who report meritorious deeds.
Article 11 of the Regulations on Labor Security Supervision
The administrative department of labor security shall carry out labor security supervision on the following matters:
(a) the employer's internal labor security rules and regulations;
(2) The conclusion of labor contracts between employers and employees;
(three) the employer's compliance with the prohibition of the use of child labor;
(four) the employer's compliance with the special labor protection provisions for female workers and underage workers;
(five) the employer's compliance with the provisions on working hours and rest and vacation;
(six) the employer to pay the wages of workers and the implementation of the minimum wage standard;
(seven) the employer's participation in various social insurances and payment of social insurance premiums;
(eight) occupation introduction institutions, occupation skill training institutions and occupation skill appraisal institutions shall abide by the provisions of the state on occupation introduction, occupation skill training and occupation skill appraisal;
(nine) other labor security supervision matters stipulated by laws and regulations.
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