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Criminal Law: Whoever evades the payment of laborer's labor remuneration by means of transfer of property, escape, etc., or has the ability to pay but fails to pay laborer's labor remuneration, and the amount is relatively large, and fails to pay it after being ordered to do so by the relevant department, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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It is a crime of embezzlement.
The crime of embezzlement in public office (Article 271 of the Criminal Law) refers to the conduct of personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the property of their own unit and the amount is relatively large.
Punishment provisions: Where this crime is committed, the Supreme People's Court's Sentencing Guiding Opinions (Provisional) provide:
1. Where the crime of embezzlement in public office is established, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:
1) Where the starting point for a relatively large amount is reached, the starting sentence may be determined within the range of 3 months short-term detention to 1 year imprisonment.
2) Where the starting point for huge amounts is reached, the starting sentence may be determined within the range of 5 to 6 years imprisonment.
2. On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of the amount of embezzlement in public office and other facts of the crime that impact the establishment of the crime.
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The senior official with the junior, hundreds of millions of absconding, how to convict?
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Legal Analysis: Breaking the law and potentially going to jail.
Legal basis: Article 276 of the Criminal Law of the People's Republic of China Whoever evades the payment of a laborer's labor remuneration by means such as transferring property or escaping, or who has the ability to pay but does not pay the laborer's labor remuneration, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant department, shall be sentenced to three years imprisonment or short-term detention, and/or a fine shall be imposed as serious consequences, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven dusty years, and shall also be fined.
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Breaking the law and potentially going to jail. Article 276 of the Criminal Law of the People's Republic of China Whoever, by means of transferring property, escaping, or other means, evades the payment of a laborer's surplus remuneration or has the ability to pay but fails to pay the laborer's remuneration, and the amount is relatively large, and the person who fails to pay it after being ordered to do so by the customs department shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or where a fine becomes serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
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Legal Analysis: Breaking the law and potentially going to jail.
Legal Round Grip Basis:
Article 276 Whoever evades the payment of a laborer's labor remuneration by means such as transferring property, escaping, or so forth, or has the ability to pay but fails to pay the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay the payment, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or where a single fine becomes serious consequence, a sentence of not less than three years imprisonment but not more than seven years imprisonment and a concurrent fine.
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It should be the crime of refusing to pay labor remuneration. But you didn't make it clear who the person who ran away was, if it was the person in charge, the supervisor, the boss, it should be this crime.
Amendment (VIII) to the Criminal Law stipulates that if a person evades the payment of a laborer's labor remuneration by means of transferring property, escaping, etc., or has the ability to pay but fails to pay the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention, and/or a fine; where serious consequences are caused, a sentence of between 3 and 7 years imprisonment and a concurrent fine is to be given; Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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It generally does not constitute a crime.
Where the payment of laborers' labor remuneration is evaded by means such as transferring property or escaping, or where there is the ability to pay but not paying laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
To constitute a crime, the amount must be huge and the relevant departments order to pay but still do not pay.
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Those who evade the payment of the labor remuneration of the laborer by means of transferring property, escaping, etc., or who have the ability to pay but do not pay the laborer's labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, may be suspected of the crime of refusing to pay the labor remuneration. If the crime cannot be determined, wages may be claimed through labor arbitration.
Basis: Article 276-1 of the Criminal Law stipulates that "anyone who evades the payment of laborer's labor remuneration by means such as transferring property, escaping, etc., or has the ability to pay but fails to pay laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. ”
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If an employee establishes a labor relationship with an employer, and the employer illegally defaults on the employee's wages, it is illegal for the employee to apply for labor arbitration at the labor dispute arbitration commission where the employer is located to demand payment of the arrears of wages, and the employee has the right to receive his wages when the employer goes bankrupt in accordance with the law. In bankruptcy liquidation, the employer shall first pay the wages owed to the employees in accordance with the order of repayment stipulated in the Enterprise Bankruptcy Law of the People's Republic of China.
Labor Contract Law
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
Interim Regulations on the Payment of Wages
Article 14 When an employer goes bankrupt in accordance with law, the worker shall have the right to receive his wages. In bankruptcy liquidation, the employer shall first pay the wages owed to the employees in accordance with the order of repayment stipulated in the Enterprise Bankruptcy Law of the People's Republic of China.
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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