If The Employer Infringed, The Worker Could Complain In Accordance With The Law.

How should employees maintain their legitimate rights and interests in accordance with the infringement of employers? How to protect their rights in accordance with the law?

According to Huang Lei, in early 2015, he applied for a job in a supermarket in Hunchun, and the two sides signed a three year labor contract. The supermarket asked Huang Lei to arrive at the unit half an hour before the day of business, so as to make preparations. Since one year and three months, Huang Lei has been very enthusiastic about customer reception, accurate and timely checkout, and never made any mistakes. But he was often late for work in the morning for a few minutes. The supermarket was very upset and decided to fire him. Huang Lei agreed to terminate the labor contract, but thought that the supermarket should pay its own economic compensation. The supermarket thinks Huang Lei is often late and has fault. He should not get financial compensation.

Then, should the supermarket pay the economic compensation? The reporter consulted Mr. Zhang Dong, a lawyer of Hunchun legal aid center. According to Zhang Dongzhe, the supermarket offered to rescind the labor contract, and Huang Lei agreed to comply with it. Labor Contract Law "The two sides agree to terminate the contract by consensus, and the employer pays the economic compensation. In accordance with the law, the employer shall voluntarily lift the employee when he has serious faults, serious dereliction of duty and criminal responsibility to be investigated. Labor contract It can not pay economic compensation. Huang Lei, as a cashier, has never made any mistakes in his work. Late does not have a significant negative impact on his work, nor does he bring great losses to the supermarket. Therefore, being late can not be a reason for the supermarket not to pay the economic compensation. Because Huang Lei worked in the supermarket in one year and three months, according to the law, supermarkets should pay the small army economy. Compensation 。

According to the relevant person in charge of the Bureau, when a laborer thinks that the employer infringes upon the legitimate rights and interests of his labor protection, he has the right to complain to the labor and social security administration department. Complaints include: employers violating recruitment and recruitment regulations. Such as recruiting child labor, collecting risk mortgage, holding identity documents, etc., and employing units violating the provisions of the relevant labor contracts. If it refuses to sign a labor contract, illegally terminates the labor contract, and dissolves the labor contract, it does not pay the economic compensation according to the state regulations; and the employing unit violates the provisions of the special labor protection for female workers and underage workers. For example, women workers and underage workers are arranged to engage in taboo labor provided by the state, and not to carry out health checks for underage workers. Such as overtime work overtime, forcing overtime work, not arranging workers to take leave in accordance with the law, etc. the employer violates the stipulation of wage payment. Such as deducting or undue arrears of wages, refused to pay overtime pay, refused to comply with the minimum wage guarantee system.

The complaint also includes: the labor rules and regulations formulated by the employer are in violation of the provisions of laws and regulations. If the employer's rules and regulations stipulate that workers do not participate in industrial injury insurance, the responsibility for work-related injury is conceited by employees, etc., and the employer violates the provisions of social insurance. If they do not legally participate in social insurance and pay social insurance premiums for migrant workers, they will not pay for work-related injury insurance, etc. the illegal workers who have not registered with the industry and Commerce Department violate the labor safety laws and regulations and infringe upon the legitimate rights and interests of laborers. Such as providing false information, illegal charges, etc.; organizations or individuals engaged in the identification of labor capacity are in violation of the provisions of the identification of labor capacity. For example, providing false identification opinions, providing false diagnosis certificates, accepting the property of the parties concerned, and the laborers think the employing units and so on infringe upon other labor protection legitimate rights and interests.