Urumqi labor security supervision detachment Q&A complaint phone number
Urumqi Labor Security Supervision Detachment reminds workers, when the interests of the infringement of the time to report complaints. Usually workers should be a person who has a heart, their own labor contracts, pay stubs, social security contributions to confirm the bill to save, and their own and the employer has a de facto labor relations of the supporting materials (such as work permits, deposit receipts and access to the unit filled out the recruitment registration form, attendance records, etc.), so that in the event of labor disputes, the labor inspectorate can be timely maintenance of your legitimate rights and interests of the labor inspectorate to provide important evidence.
●About Overtime
The unit old overtime cost how to calculate
Q: I am now in the probationary period, the unit often require overtime, and there is no overtime pay. When I first came to the unit said one day off a week, but now there are almost very few days off, and the working hours are not fixed, I do not know how the labor law provides for the payment of overtime pay for workers?
Answer:If your organization is practicing standard working hours or integrated working hours system, and overtime work is arranged by the organization, overtime pay should be paid according to the regulations. The provisions of the Labor Law on overtime work are: if overtime work is arranged on a rest day without compensatory time off, the enterprise shall pay the employees not less than 200% of their wages; if overtime work is arranged on a statutory holiday, the enterprise shall pay the employees not less than 300% of their wages; for daily overtime work, the monthly wage shall be divided by 21.75, and then divided by 8 hours, to calculate the hourly wage, and then the hourly wage shall be paid at 150% or 200% of the hourly wage. Overtime pay; the number of overtime hours per month shall not exceed 36 hours.
● About work-related injuries and deposits
What to apply for work-related injuries when you hurt your hand at work
Q: I am a worker in a unit in Mideast District, and I hurt my hand at work, so how should I apply for recognition of work-related injuries now?
A: You can go to Urumqi City Labor and Social Security Bureau of the fifth floor to apply for recognition of work injuries, if you apply for yourself, you need to apply for recognition within one year of the injury, if the unit application must be made within 30 days of the injury to apply for recognition of work injuries.
Q: I work in a company half a year after the quit, but the company does not return the previous charge of 500 yuan deposit, charge deposit legal?
A: The Labor Contract Law stipulates that employers shall not withhold the identity cards and other documents of workers, and shall not require workers to provide security or collect property from them in other names. If an employer violates the regulations and collects property from a worker on the basis of a guarantee or in the name of other things, the labor administrative department shall order the worker to return the property to him/her within a certain period of time and impose a fine of 500 yuan or more but not more than 2,000 yuan per person; and if the employer causes any damage to the worker, he/she shall bear the responsibility of compensating him/her for the damage caused.
●On the labor contract
I became a "universal security guard" is this reasonable?
Q: Our unit has more than 100 employees, are employed, the unit and the staff also signed a labor contract, also participated in the social security, but our wages are more than 1,500 yuan, the unit to pay social security is not according to our actual wages, is the lowest payment, so is not unreasonable? What channels should we use to solve this problem?
A: As you reflect this situation, many enterprises now exist, many employees know that the unit's practice is not right, but do not dare to reflect, in fact, you should take up the legal weapons to safeguard the legitimate rights and interests of the unit can be taken in an anonymous manner by calling the unit area of the labor inspectorate to complain and report, and then to the unit you are participating in the social insurance agency to print your vouchers to confirm that you are not enough to contribute to the base. The base amount of contribution is not enough, the information that can prove that the unit does not pay the full amount of social security, such as pay stubs and other evidence to keep, can be used as a basis for future disputes to recover.
Q: I am a unit of security, never holidays, sign a contract is signed according to the security job, but now in addition to being a security guard, the unit's sanitation, through the sewer and all the miscellaneous work also let me do, this is reasonable?
A: No matter what employment, employers and workers first sign a labor contract, the two sides should be in accordance with the contract to perform, if your contract agreed position is a janitor, work more than the contract agreed working hours, then you can refuse other overtime work or other positions.
Q: unit recruitment said the probationary period is 3 months, now dry for 7 months, we are still on probation, the unit to do so legally?
A: Not legal, the employer is not allowed to abuse the trial period. The Labor Contract Law stipulates that the probationary period shall not exceed one month if the term of the labor contract is more than three months but less than one year; the probationary period shall not exceed two months if the term of the labor contract is more than one year but less than three years; and the probationary period shall not exceed six months if the term of the labor contract is more than three years, fixed-term and open-ended. It is especially emphasized that the same employer and the same worker can only agree on a probationary period once. The trial period is included in the term of the labor contract.
Q: I have been working in a big hotel for nearly 10 years, and before 2008, I signed a labor contract once a year, but in August this year, the unit dismissed me, and only gave me two months of economic compensation, is this in line with the regulations?
A: No, you should go to the labor arbitration department to apply for arbitration, to get back the compensation you should get. The Labor Contract Law clearly stipulates that economic compensation shall be paid to the worker at the rate of one month's salary for each year of work in the organization. six months or more than less than one year is calculated according to one year; less than six months, the worker shall be paid half a month's salary as economic compensation. The monthly salary mentioned here refers to the average salary of the worker in the 12 months before the labor contract is canceled or terminated. Secondly, if there is a basis to prove that you have worked in the hotel for 10 consecutive years, then you can also ask the hotel to sign an open-ended labor contract with you.
Q: I originally worked in Urumqi, a construction unit, and construction work in Dushanzi, some time ago, the unit notified me to transfer back to Urumqi work, and so I came back to work and said that Urumqi this side of the temporary post, and take out the termination of the labor contract for me to sign on it, and so there is a post to re-sign the contract to arrange for the work, and so I signed the word, the unit said that I voluntarily terminate the contract, this is not fooling people? Isn't this a trick? I'm not sure how I'm going to be able to do that, but I'm sure I'm going to be able to do it.
A: You can apply for labor arbitration at the Urumqi Labor Dispute Arbitration Court.
●About social security and wages
What should I do if I work for more than ten years without paying social security?
Q: I am a foreign worker to Xinjiang, in Urumqi, a business unit to do miscellaneous work for 16 years, the wage is now 680 yuan per month, low wages, not to mention that so many years has not paid us social security, and I have the same situation there are seven or eight people, the unit does not pay social security how to do?
A: You belong to the institution of external personnel, you and the unit of labor disputes belong to the scope of the Labor Law, there are two ways you can choose, one is to your unit where the labor inspection department to complain about the solution, the second is to choose to Urumqi City Labor Dispute Arbitration Court to apply for labor arbitration.
Q: My wife works in a glass factory in Midong District, this industry belongs to the high-risk industry, to the employees what social security are not paid, in case something happens, who bears it?
A: As long as the employer and the worker to establish a labor relationship, the employer must pay the employee five social insurance costs, especially high-risk industries, the employer should participate in workplace injury insurance, to protect the labor safety of workers.
Q: I work in a restaurant in the high-tech zone, just dry, the boss said that the monthly salary, but to the payroll time, the boss said: "You just do a few days want wages?" I quit in a huff, and now the boss doesn't even recognize that I've been working for more than a month, so what should I do to get my money back?
A: You can go to the location of your restaurant that is the high-tech labor inspection brigade, fill out a report complaint registration form, high-tech labor inspection brigade will be investigated in accordance with the law, if the situation is true, the high-tech labor inspection brigade will be in accordance with the law for you to recover wages.
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Migrant workers' complaints first hand
On the day of the 103 hotlines, nearly 20 were called by migrant workers, reflecting the problem is still focused on wage arrears.
The reporter learned from the Urumqi Labor Security Supervision Detachment that from January to the end of September this year, the detachment recovered 57.78 million yuan of wages owed and withheld for workers (of which 53.46 million yuan was owed to migrant workers in the construction field), involving 29,589 workers (of which 24,993 were migrant workers in the construction field).
The detachment analyzed that the main reason for the delayed wages of migrant workers is that the general contracting unit of the construction violates the regulations and subcontracts the labor services to organizations and individuals who do not have legal personality, and some of them even don't sign the labor agreement, which makes it possible to trigger the settlement disputes after the completion of the construction, and so on.
This year, in order to enable migrant workers to get paid as soon as possible, the labor security supervision detachment to arrange for a person on duty responsible for receiving, visiting migrant workers complaints, to do the first time to deal with the case. Adopted on the default of migrant workers wage complaint cases to reduce the formalities, reduce procedures, rapid processing; at the same time, in a timely manner to contact the construction unit with more workers, to understand the actual difficulties of migrant workers in the disaster area in Wu, and make every effort to deal with the problem of migrant workers in the disaster area in the Wu wage.
In addition, to properly take over the collection and payment management of the migrant workers' wage deposit. Arrangements for people to enter the U.S. Construction Commission Hall of Government to collect migrant wage deposit, and develop a strict deposit collection, return procedures, while printing a number of migrant wage deposit payment return leaflets to facilitate the construction enterprises to pay and withdraw the migrant wage deposit, in order to solve the problem of migrant wage clearance to create favorable conditions.
In order to facilitate the workers to protect their legitimate rights and interests, special announcement of Urumqi City and the districts and counties of the labor security supervision department of the complaint and reporting telephone:
Urumqi City Labor Security Supervision detachment: 0991-46056524680503 (construction industry, migrant workers wages clearing the office)
Tianshan District Labor Security Supervision Brigade: 0991-8845072
Tianshan District Labor Security Supervision Brigade: 0991- 8845072
Sha District Labor Security Supervision Brigade: 0991-6139891
New Municipal District Labor Security Supervision Brigade: 0991-7839270
Tou District Labor Security Supervision Brigade: 0991-3106365
High-tech Zone Labor Security Supervision Brigade: 0991-3678701< /p>
Economic and Technological Development Zone Labor Security Supervision Brigade: 0991-3724330
Dabancheng District Labor Security Supervision Brigade: 0991-5940398
Urumqi County Labor Security Supervision Brigade: 0991-5923032