What should lingwu city Labor Bureau do if it doesn't provide any insurance and overtime pay for its employees?

Laborers can apply for labor arbitration and ask the employer to pay their overtime wages and pay back their social security.

How to apply for labor arbitration;

1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing).

2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;

3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.

Social insurance is compulsory insurance required by the state. The state develops social insurance undertakings, establishes a social insurance system and sets up a social insurance fund, so that workers can get help and enjoy insurance benefits in cases of old age, illness, work injury, unemployment and maternity. China's "Labor Law" and "Social Insurance Law" clearly stipulate that it is the legal obligation of the employer to pay social insurance for workers, which is obviously compulsory by the state, and the employer shall not refuse to undertake this legal obligation under any excuse or reason.

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. After self-declaration, the employer shall pay the social insurance premium in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. If the employer fails to pay social insurance on time, the social security collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social security agency may inquire with its bank or its bank, and may apply to the administrative department at or above the county level for the allocation of social insurance premium. If the balance of the employer's account is less than the social insurance premium that should be paid, the social security collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.

Applying for labor arbitration can recover the overtime pay two years ago, but the laborer needs to bear all the burden of proof.

Calculation method of overtime pay on working days: monthly salary ÷2 1.75÷8× overtime hours × 1.5 times;

Calculation method of overtime pay on weekends: monthly salary ÷2 1.75÷8× overtime hours ×2 times;

Calculation method of overtime pay on legal holidays: monthly salary ÷2 1.75÷8× overtime hours ×3 times.

Evidence to prove overtime mainly includes: attendance sheet, attendance card, overtime approval form, overtime notice, surveillance video, witness testimony, written records of work done during overtime, e-mail, etc.

Article 44 of the "Labor Law" is under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers' normal working hours according to the following standards:

(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;

(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.