Legal analysis
Complaints to the labor bureau, the labor bureau after examination, in line with the conditions for filing, it should be accepted on the spot. Mediation should be conducted first after acceptance, and the mediation time is fifteen days. If mediation fails and the laborer requests arbitration, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days. The administrative department of labor security shall supervise the following matters: the establishment of internal labor security rules and regulations by the employer; The employer and the employee conclude a labor contract; The employer's compliance with the provisions prohibiting the use of child labor; The employer's compliance with the special labor protection provisions for female workers and underage workers; The employer's compliance with the provisions on working hours and rest and vacation; The employer's payment of workers' wages and the implementation of the minimum wage standard; The employer's participation in various social insurances and payment of social insurance premiums; Occupation agencies, occupation skill training institutions and occupation skill appraisal institutions shall abide by the provisions of the state on occupation introduction, occupation skill training and occupation skill appraisal; Other labor security supervision matters stipulated by laws and regulations. The so-called effectiveness of labor complaints is nothing more than the final disposal result made by the labor bureau on employee complaints. In the process of handling labor disputes, the labor bureaus in some small counties may have power and money transactions with some responsible persons of the company, so it is often very difficult for ordinary workers to defend their rights in these places. If the complaint is fruitless, they must take the time to apply for labor arbitration.
legal ground
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 14 If an agreement is reached through mediation, a mediation agreement shall be made. The mediation agreement shall be signed or sealed by both parties, and shall come into force after being signed by the mediator and stamped with the seal of the mediation organization, and shall be binding on both parties, and both parties shall perform it. If the labor dispute mediation organization fails to reach a mediation agreement within fifteen days from the date of receiving the mediation application, the parties may apply for arbitration according to law.
Article 30 After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings.