If a person has evidence, can he report it to the Labor Bureau? Will the Labor Bureau accept it?

If one person has evidence, can the Labor Bureau accept the report?

The most common introduction: Complaint issues

What are the characteristics: One person complains

Give an example of the application scenario: Labor Contract Law

Other meanings: Obtain evidence, labor arbitration complaint

Give an example of the application scenario: The Labor Bureau will not accept it

What evidence does the Labor Bureau need to accept labor arbitration? If there is no evidence, will the Labor Bureau accept it?

Labor relations evidence "Notice on Matters Concerning the Establishment of Labor Relations" of the Ministry of Labor and Social Security (Ministry of Labor and Social Security) Article 2 of No. 12 (2005) stipulates: The employer has not signed a labor contract with the employee. When determining that the labor relationship exists between the two parties, it can refer to the following documents:

(1) Wage payment vouchers or records (employee salary payment expenses) Roster), records of payment of various social insurance premiums;

(2) "Work permit", "service permit" and other documents that can prove identity issued by the employer to the worker;

(3) Recruitment records such as the "Registration Form" and "Application Form" filled out by workers;

(4) Attendance records;

(5) Others Testimonies of workers, etc.

Among them, the employer bears the burden of proof for the relevant vouchers for items (1), (3), and (4).

To provide evidence of labor relations, the following evidence can be used as proof or indirect proof of labor relations:

(1) "Trade Union Membership Card" with the name of the employer;

(2) "Special Occupation License" with the name of the employer;

(3) "Motor Vehicle Driver's License" with the name of the employer;

(4 ) Other documents bearing the name of the employer;

(5) Economic contracts, invoices, etc. signed on behalf of the employer and stamped with the official seal of the employer;

(6) Employer Internal files, drawings, work tickets, bills, etc. signed by employees within the unit;

(7) Other written certificates stamped with the official seal of the employer. When a QQ report has evidence, it usually takes several reports before it is accepted.

As long as there is evidence, it will be accepted. If you want to increase the chance of passing and make the other party punished more severely, the more the better. Is it effective if I go to the labor bureau alone to report?

I have a friend who tried it, but it was basically useless. The situation in the country is like this, but I can just pay off my salary and leave. Just two days ago, I was in Zhuangji Group is a garment factory for your reference. What should I do if the labor bureau does not accept the termination of the labor contract due to job transfer?

There is no need for the labor bureau to accept the termination of the labor contract.

The following is a complete set of methods for correctly terminating a labor contract, including what the employer should give you, what may happen that may harm your rights and how to deal with it, all included. After you propose to terminate the labor contract, if the employer notifies you to leave early, the employer must give you a formal written notice (with a seal), otherwise the employer will say that you left early without authorization, and you will not be able to explain clearly.

Termination of the labor contract is the right granted to workers by Article 37 and Article 38 of the "Labor Contract Law". If you want to terminate the labor contract, you do not need to apply to the employer and it must be approved by the employer. It is your decision to terminate the labor contract. You only need to notify the employer in accordance with the law and prove that your written notice has arrived. Then your procedure for terminating the labor contract will comply with the provisions of the Labor Contract Law, and you will not be held responsible for the Labor Contract. Liability for compensation stipulated in Article 90 of the Law. If the employer has one of the circumstances described in Article 38 of the Labor Contract Law, you not only do not need to advance 30 days in advance, but you can also request financial compensation according to Article 46 of the Labor Contract Law. If the employer has not violated your legitimate rights and interests, there will be no financial compensation if you propose to terminate the labor contract. As long as there is no content in Article 25 of the Labor Contract Law, it is illegal to agree on liquidated damages to be borne by the employee.

After submitting the decision (or notice) to terminate the labor contract, it does not matter whether it is approved or not. The key is that someone must sign for it as proof of the termination of the labor contract in accordance with the law. Otherwise, the bad company will say that you resigned voluntarily. If you haven't handed in your resignation report, it will be difficult for you to defend yourself. Submit the decision or notice to terminate the labor contract 30 days in advance (3 days in advance of the probation period, the same below). If no one signs for it, go to the post office and send it by express delivery, and fill in the words "Terminate the labor contract" in the "Internal Product Name" column. Decision (or notice)", keep the receipt as evidence, and the labor contract is enough. If the employer does not pay your salary on the last day of work, you can apply for arbitration to the local labor dispute arbitration committee and apply for arbitration in accordance with the Labor Contract Law The provisions of Article 85 require the payment of wages and related economic compensation.

It is best to make the following content clear in the decision or notice to terminate the labor contract:

1. I am due to... (if the employer has violated your legitimate rights and interests, the reason is the most It is easy to write down so that you can provide evidence later. If the employer has not violated your rights, you can write down personal reasons) and decide to terminate the labor contract with the company and work until a certain day of a certain year and month at the latest;

2 . Please notify the company in writing (the notice must have the company seal, otherwise it will be invalid) that I will hand over work to someone on a certain day of a certain month of a certain year. If I do not receive a valid written notice, I will be deemed that the company does not need me to hand over the job. Therefore, I am not responsible for any inconvenience or loss caused to the company;

3. Please settle the salary and Labor Contract Law with me on the day of work handover in accordance with the provisions of Article 9 of the "Interim Provisions on Wage Payment" "Other related expenses stipulated in "Labor Contract Law" and issue to me a certificate of termination of the labor contract stipulated in Article 50 of the "Labor Contract Law". The content of the certificate should comply with the provisions of Article 24 of the "Regulations on the Implementation of the Labor Contract Law", otherwise I will retain the application RIGHT TO ARBITRATE OR LITIGATE. If the company does not need to hand over the work in person, the above matters must be completed before a certain time (off-duty time) on a certain day of a certain month of a certain year (the last working day).

Pay attention to keep the written notice and handover list that the employer requires you to hand over to someone. These are important evidence that you have handled the handover in accordance with the law when your rights and interests are infringed. If the employer does not issue a notice of handover to someone, it can be deemed that no handover is required. For details on the time for wage payment when the labor contract (or labor relationship) is terminated, please refer to Article 9 of the "Interim Provisions on Wage Payment", and for details on the time for payment of economic compensation, please refer to Article 50 of the "Labor Contract Law". If payment is not made on time, Articles 3 and 10 of the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" or Article 85 of the "Labor Contract Law" may be followed. The difference is that the former can be claimed directly, while the latter can only be claimed after failure to pay after being ordered by the labor department.

Special reminder: When reading my answer above, you must find the content involved in the book title "" before you can fully understand the meaning of my answer. I would like to ask whether the Labor Bureau will accept work-related injuries without a signed contract?

The "Measures for the Determination of Work-related Injuries" stipulates that even if there is no labor contract, as long as there is an actual employment relationship, the Labor Bureau will accept relevant disputes.

There is no labor contract signed, which is a denial of labor relationship based on labor employment relationship.

Since labor relations are specially protected by labor laws and regulations, workers have more and more detailed rights than labor providers in labor employment relationships. For example, if workers are owed wages, Not only can the employer be required to pay wages, but the employer is also entitled to require it to pay economic compensation for wage arrears; in a labor-employment relationship, those who are in arrears with labor fees can only require the other party to pay labor fees and interest during the period of arrears. Once a labor relationship is established, the employer cannot terminate it without legal reasons; in a labor-employment relationship, the relationship between the two parties will naturally end after the contract expires or the work is completed. It is precisely because of these special protections that some employers try their best to deny the existence of labor relations with workers after disputes occur. What should I do if I go to the Labor Bureau and there is no evidence?

Provide evidence that can prove your work identity (such as work permit, service permit, work clothes, etc.), as well as testimonials from other co-workers. Under what circumstances can you report the company to the Labor Bureau?

No labor contract was signed, social security was not paid for employees, there were no normal rest days, wages were not paid normally on a monthly basis, etc.

It’s all ok! But you have to report it to the labor bureau of the district where the company's business license is registered! In this case, can I complain to the Labor Bureau?

Different salary requirements can definitely be used as a salary agreement. It depends on whether the labor contract has been signed. If not, you can file a lawsuit for not signing the labor contract in time. Wage arrears are also established, but you still need to have it in hand. Some basic proof that you are an active employee of the company, such as employee number, time card, etc. will count. What should I do if I file a complaint against my employer with the Labor Bureau but there is no evidence?

1. You can submit a petition to the labor department. When writing a petition, the labor department will ask workers to fill in a mass visitor registration form. Workers can write down their demands on it, and the labor department will Issue an investigation letter, request to take it back to the company, hand it to the person in charge, and come to the labor department for mediation within the specified time. Regardless of whether the company comes to accept mediation, the labor department has registered and filed it. This evidence can be used as labor relations auxiliary evidence;

2. You can complain to the Labor Bureau’s Supervision Team or write a letter to reflect the situation. Generally, the Supervision Team will go to the company to investigate and verify within the designated time. No matter what the result is, If registered, this can also be used as auxiliary evidence of labor relations;

3. Find more proof of labor relations: if there is evidence to prove labor relations, it is key, such as a work permit or work badge (mostly (preferably with official seal), salary card transaction records, salary slips, work clothes with the company name, individual tax payment certificate printed and stamped by the local tax bureau, temporary residence permit issued by the employer for you, attendance records, social insurance payment records, Work orders, testimonials from colleagues (resigned and current employees are acceptable), audio and video recordings, or other written materials with your name and official seal or signature of your boss, etc.;