How to deal with Shanghai Labor Bureau's complaint about telephone company's wage arrears?

The telephone number of Shanghai Labor Bureau (now Human Resources and Social Security Bureau) is 12333. ?

When there is a labor and personnel dispute between the employee and the employer, you can choose the following ways to deal with it:

1, the parties shall negotiate by themselves, or ask trade unions, lawyers and others to negotiate for settlement. ?

2, unwilling to negotiate or negotiation fails, the parties may apply to the enterprise labor dispute mediation committee, or grassroots people's mediation organizations established according to law, or labor and personnel dispute mediation organizations located in streets and towns, or personnel dispute mediation organizations in institutions for mediation. ?

After receiving the mediation application, the mediation organization shall make a decision on whether to accept it within 3 working days, and appoint a mediator or mediation team to mediate according to the case. Mediation shall be completed within 15 days from the date of receiving the mediation application. ?

3. If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law. ?

If a mediation agreement is reached on the payment of unpaid labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the laborer may apply to the people's court for a payment order according to law with the mediation agreement. ?

If the employee takes the employer's arrears of wages as evidence and does not involve other labor relations disputes, he may bring a lawsuit directly to the people's court. ?

4. If the parties are unwilling to mediate or the mediation fails, they may apply to the labor and personnel dispute arbitration committee with jurisdiction for arbitration. In the arbitration stage, the party who initiated the arbitration may apply to withdraw the lawsuit or reach a settlement with the other party. ?

5. The labor and personnel dispute arbitration committee accepts the application for arbitration, and generally closes the case within 45 days. If the case is complicated and needs to be postponed, the extension period shall not exceed 15 days.

If the arbitration hearing needs to be suspended due to the unclear basis for handling the case, consulting the opinions of relevant institutions, or the case needs to wait for the identification of work-related injuries, the appraisal of disability grades, the conclusion of judicial expertise, and the delivery of announcements, the trial of the case may be suspended. After the objective circumstances of the suspension of the trial are eliminated, the arbitration tribunal resumes the trial. ?

6. The labor and personnel dispute arbitration commission shall make a final arbitration award. If the employee refuses to accept the award, he may bring a lawsuit to the people's court within 15 days from the date of receiving the award. If the employer thinks that there is a cancellation, it may apply to the intermediate people's court for cancellation within 30 days from the date of receiving the award.

If the labor and personnel dispute arbitration commission makes a non-final arbitration award, the parties may bring a lawsuit to the people's court within 05 days from the date of receiving the award. ?

7. If one party fails to perform the legally effective conciliation statement or award of the labor and personnel dispute arbitration commission, the other party may apply to the people's court for compulsory execution.

Extended data:

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Complaints to the labor inspection need the following materials:

1, complainant's ID card;

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.

Two, when applying for arbitration, workers should bring the original and copy of their valid identification materials. I cannot apply for arbitration on my own for justifiable reasons, and if I need to entrust others to handle related matters, I shall provide corresponding certificates and issue a valid power of attorney; The client shall bring the original and photocopy of the identity documents of himself and his employees. ?

If a worker dies, when his close relatives apply for arbitration, they must submit proof of their close relatives (including parents, spouses and children, etc.). ) and employee death certificates, as well as letters of commitment issued by all close relatives; If a close relative entrusts an agent to participate in arbitration activities, it is also necessary to provide the original and photocopy of the power of attorney signed by all close relatives and the identity certificate of the agent. ?

When applying for arbitration, the laborer shall provide valid certification materials for the establishment of the unit according to law; Standardize the writing of arbitration application; Submit the relevant materials required by the Arbitration Commission.

Shanghai Human Resources and Social Security Bureau-Instructions for Laborers and Employed Persons to Apply for Arbitration of Labor and Personnel Disputes

Shanghai Municipal Bureau of Human Resources and Social Security-Basic System for Handling Labor and Personnel Disputes