What is the complaint number of migrant workers who can't get their wages in Urumqi?

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Urumqi labor security supervision detachment answers complaints.

Urumqi Labor Security Supervision Detachment reminds workers that when their interests are infringed, they should report complaints in time. At ordinary times, workers should be conscientious, take good care of their labor contracts, payslips and social security payment confirmation forms, and put away proof materials (such as work permits, deposit receipts, recruitment registration forms, attendance records, etc.) that they have a factual labor relationship with the employer, so that once a labor dispute occurs, it can provide important evidence for the labor inspection department to safeguard your legitimate rights and interests in time.

● About overtime work

How to calculate the old overtime pay of the unit?

Q: I'm on probation now, and my unit often asks for overtime, and there is no overtime pay. When I first came to work, I said I had one day off a week. Now I have few rest days and my working hours are not fixed. I want to know how the labor law stipulates the payment of overtime pay to workers.

Answer: If your company implements the standard working hour system or comprehensive working hour system, overtime will be arranged by the company, and overtime must be paid according to the regulations. The provisions of the Labor Law on overtime work are as follows: if overtime is arranged on rest days and no compensatory time off is given, the enterprise shall pay the employee no less than 200% of the salary; If overtime is arranged on legal holidays, the enterprise shall pay the employee no less than 300% of the salary; For daily overtime, divide the monthly salary by 2 1.75, then divide it by 8 hours to calculate the hourly wage, and then pay overtime according to 150% or 200% of the hourly wage; Overtime should not exceed 36 hours per month.

● About work-related injuries and deposits

How to apply for a work-related injury if you have a hand injury at work?

Q: I am a worker in a unit in Midong District, and my hand was injured at work. How should I apply for a work-related injury now?

A: You can apply for work-related injury identification on the fifth floor of Urumqi Labor and Social Security Bureau. If you apply by yourself, you need to apply for work-related injury identification within one year. Those who apply for work-related injuries must apply for work-related injury identification within 30 days.

Q: If you resign after working in a company for half a year, the 500 yuan deposit you received before will not be refunded by the company. Is it legal to collect the deposit?

A: According to the Labor Contract Law, the employer shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names. If the employing unit, in violation of regulations, collects property from the laborer by way of guarantee or other names, the labor administrative department shall order it to be returned to the laborer within a time limit, and impose a fine according to the standard of more than 2,000 yuan per person in 500 yuan; If it causes damage to workers, it shall be liable for compensation.

● About the labor contract

I became a "universal security guard". Is this reasonable?

Q: Our company has more than 65,438+000 employees, all of whom are on the job. The company and employees also signed labor contracts and participated in social security, but our wages are all above 1500. Is it unreasonable for the company to pay social security according to the minimum standard instead of our actual salary? What channels should be used to solve this problem?

Answer: As you have reflected, this situation exists in many enterprises now. Many employees clearly know that the practice of the unit is wrong, but they dare not reflect it. In fact, you should take up legal weapons to safeguard your legitimate rights and interests. You can call the labor inspection department in the jurisdiction of the unit anonymously to complain and report, and then go to the social insurance agency that your unit participates in to print your payment voucher, confirm that your payment base is insufficient, and keep evidence that your unit has not paid enough social security, such as salary slips, which can be used as evidence for future disputes.

Q: I am a security guard in a company. I've never had a holiday. I signed the contract according to the security post. Now, in addition to being a security guard, I am also allowed to do all the chores such as sanitation and drainage in the company. Is this reasonable?

A: No matter what kind of employment, the employer and the employee must first sign a labor contract, and both parties must perform it according to the contract. If the post agreed in your contract is a doorman, and your work exceeds the working hours agreed in the contract, then you can refuse to work overtime or work in other positions.

Q: When the company recruited, it said that the probation period was three months. It's been seven months now, and we're still on probation. Is it legal for the company to do so?

Answer: illegal. The employer cannot abuse the probation period. The Labor Contract Law stipulates that if the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than 3 years or without a fixed term shall not exceed 6 months. It is particularly emphasized that the same employer and the same worker can only agree on a probation period. The probation period is included in the labor contract.

Q: I have worked in hotels for nearly 65,438+00 years. Before 2008, a labor contract was signed once a year. But in August this year, the company dismissed me and only gave me two months' economic compensation. Is this in line with the regulations?

Answer: If you don't meet the requirements, you should apply to the labor arbitration department for arbitration and get back the compensation you deserve. The "Labor Contract Law" clearly stipulates that economic compensation shall be paid to workers according to the standard of paying one month's salary for every year they work in this unit. Less than 6 months 1 year is calculated as 1 year; Less than 6 months, pay economic compensation for half a month's salary. The monthly salary mentioned here refers to the average salary of the laborer 12 months before the dissolution or termination of the labor contract. Secondly, if there is evidence that you have worked in the hotel continuously for 10 years, then you can also ask the hotel to sign an open-ended labor contract with you.

Q: I used to work in a construction company in Urumqi, and the construction project was in Dushanzi. Some time ago, the unit informed me to transfer back to Urumqi to work. When I came back to work, I said there was no post here for the time being, and I took out a letter to cancel the labor contract for me to sign. When I got a position, I signed a new contract to arrange my work. After I signed it, the company said that I voluntarily canceled the contract. Isn't this a bluff? How can we get justice?

A: You can apply for labor arbitration in Urumqi Labor Dispute Arbitration Institute.

● About social security and wages

What if I don't pay social security after working for more than ten years?

Q: I am a migrant worker from other places in Xinjiang. /kloc-has been doing odd jobs in a public institution in Urumqi for 0/6 years. My current salary is 680 yuan per month. Not to mention the low salary, I haven't paid social security for so many years. There are seven or eight people in the same situation as me. What if the unit doesn't pay social security?

A: You are employed by a public institution, and the labor dispute between you and your institution falls within the scope of the Labor Law. You can choose two ways. One is to complain to the labor inspection department where your unit is located, and the other is to apply for labor arbitration to Urumqi Labor Dispute Arbitration Institute.

Q: My wife works in a glass factory in Midong District. This industry is a high-risk industry, and employees have not paid any social security. If something goes wrong, who will bear it?

Answer: As long as the employer establishes labor relations with employees, the employer must pay five insurances and one gold for employees, especially in high-risk industries, and the employer must participate in industrial injury insurance to ensure the labor safety of employees.

Q: I worked in a restaurant in the High-tech Zone. At the beginning, the boss said that he would get paid every month. When it came time to get paid, the boss said, "How many days do you want to get paid?" I resigned in a rage, and now my boss won't admit that I have worked for more than 1 month. How can I claim my salary?

A: You can go to the Labor Inspection Brigade of the High-tech Zone where your restaurant is located and fill in the registration form for reporting complaints. High-tech Zone Labor Inspection Brigade will investigate according to law. If the situation is true, the high-tech zone labor inspection brigade will recover your salary according to law.

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Handle complaints from migrant workers in the first place

On the day of the 103 hotline, nearly 20 items came from migrant workers, and the problems reflected were still concentrated on wage arrears.

The reporter learned from the Urumqi Labor and Social Security Supervision Detachment that from June 65438 to the end of September this year, the detachment recovered a total of 57.78 million yuan of wages owed to workers (including 53.46 million yuan owed to migrant workers in the construction sector), involving 29,589 workers (including 24,993 in the construction sector).

According to the analysis of the detachment, the main reason for the wage arrears of migrant workers is that the general contractor illegally subcontracts labor services to organizations and individuals without legal personality, and some even do not sign labor service agreements, resulting in settlement of disputes after completion.

This year, in order to let migrant workers get their wages as soon as possible, the labor security supervision detachment arranged special personnel to be on duty to accept complaints from migrant workers so as to deal with them as soon as possible. Simplify procedures, reduce procedures, and quickly handle complaints about wage arrears of migrant workers; At the same time, contact the construction units with more workers in time to understand the practical difficulties of Ukrainian migrant workers in the disaster area and fully deal with the wages of Ukrainian migrant workers in the disaster area.

In addition, properly take over the collection and payment management of migrant workers' wage deposits. Arrange special personnel to enter the government affairs hall of Urumqi Construction Committee to collect the wage deposit of migrant workers, and formulate strict procedures for collecting and returning the deposit. At the same time, a number of leaflets are printed to return the deposit paid to migrant workers, which is convenient for construction enterprises to pay and withdraw the deposit paid to migrant workers and creates favorable conditions for solving the problem of wage arrears for migrant workers.

In order to facilitate workers to safeguard their legitimate rights and interests, the complaint telephone numbers of labor security supervision departments in Urumqi and all districts and counties are announced as follows:

Urumqi Labor Security Supervision Detachment: 099 1-46056524680503 (Wage Settlement Office for Migrant Workers in Construction Industry)

Tianshan District Labor Security Supervision Team: 099 1-8845072

Labor and social security supervision team in sand area: 0991-6139891

Labor Security Supervision Team in New Urban Area: 099 1-7839270

Captain of District Labor Security Supervision Team: 099 1-3 106365

High-tech Zone Labor Security Supervision Team: 099 1-367870 1

Labor Security Supervision Team of Economic and Technological Development Zone: 099 1-3724330

Dabancheng District Labor Security Supervision Team: 099 1-5940398

Urumqi county Labor Security Supervision Team: 099 1-5923032