When the labor rights and interests of female workers are violated, what are the legal ways to safeguard their rights?

1. Labor disputes are within the scope of labor inspection, and the parties concerned shall fill in the complaint registration form. If it is within the scope of labor arbitration, the parties concerned shall fill in an application for labor dispute arbitration.

2. Upon examination, if it meets the conditions for filing a case, the labor inspection shall investigate and collect evidence according to the evidential materials and inquiries provided by both parties, and then make corrections, administrative treatment and administrative punishment according to the actual situation. The case shall be closed within 60 days from the date of filing. If the case cannot be closed due to the complexity of the case, it may be extended for 30 days with the approval of the superior leader.

3. If it is known that it is a labor dispute, the parties concerned shall apply to the District Labor Arbitration Commission for filing, hearing and adjudication procedures. The adjudication of labor dispute cases shall end within 45 days from the date of accepting the application. If the case is complicated and needs to be postponed, the time limit may be extended with the approval of the superior, but it shall not exceed 15 days.

Extended data:

Matters needing attention when workers defend their rights

1, improve their own quality, learn and understand the usage of the law.

The Labor Contract Law of People's Republic of China (PRC), which came into effect on June+10/October 1, and the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC), which came into effect on May +0, 65438, in 2008? /kloc-The Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, promulgated and implemented in September, 0/8, provided more detailed protection for workers.

The broad masses of workers must seriously study cultural knowledge and relevant laws, so that they can learn and understand the law, know how to use it, enhance their legal concept, know how to use legal weapons to safeguard their own interests, and constantly improve their own quality. If there is any dispute, please ask the trade union to protect rights or hire a lawyer to seek legal aid in time.

2. Pay attention to collecting evidence related to labor relations to prove the existence of labor relations. For example, before a dispute occurs, we should pay attention to collecting the employer's recruitment records, attendance records, wage payment vouchers, payment of various insurance records, work permits, passes, work arrangements, meeting notices, reimbursement documents, etc. To prove that there is indeed a labor relationship between workers and employers.

Obtain evidence that the employer unilaterally terminates the labor relationship. For example, the written notice of the termination of labor relations by the unit, conversation record, witness testimony, company documents and so on.

If the employer fails to sign or renew the labor contract, it shall try its best to obtain evidence that the employer fails to sign or deliberately delays the renewal of the labor contract. For example, conversation record, witness testimony, relevant forms that the company wants you to fill out, oral recording or written proof of the company's excuse for extending the insurance renewal, and so on.

3. seek answers.

After obtaining the above evidence, the laborer can negotiate with the employer in order to reach a settlement. However, it needs to be consciously fulfilled by both parties. If one party fails to perform, the other party cannot apply to the court for enforcement. If the employer has a labor dispute mediation committee, the employee may apply to the labor dispute mediation committee for mediation.

The labor dispute mediation committee shall conclude the mediation within 30 days from the date when the parties apply for mediation. If the time limit has not expired, it will be regarded as a failure of mediation, that is, a long-term failure to reconcile. In addition, even if the mediation is successful, the mediation agreement is not legally enforceable.

If negotiation and mediation fail, apply for labor arbitration. Workers can also apply for labor arbitration directly without consultation and mediation procedures. Note that workers should apply for labor arbitration to the labor dispute arbitration committee where the employer is located within 60 days from the date of labor dispute. If the application is overdue, the labor dispute arbitration commission will not accept it.

Because arbitration procedure is a necessary procedure to solve labor disputes, workers will lose their rights protected by law because of exceeding the time limit for arbitration. The day when a labor dispute occurs is the day when the laborer knows or should know that his rights have been violated.

References:

Baidu encyclopedia-labor dispute