How many days will the court make a judgment on arrears of wages, and will there be a sentence for a

After the labor arbitration lawsuit is brought to the court, most courts will hear it in accordance with the summary procedure, and the trial period is 3 months, that is, the trial will be completed within 3 months from the date of filing the case. **Most of the dates are around 1 month after the case is filed.

Article 50 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration stipulates that: "If a party is dissatisfied with an arbitral award in a labor dispute case other than that provided for in Article 47 of this Law, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award; Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect. ”

Article 47: "Except as otherwise provided in this Law, the arbitral award shall be final and shall take legal effect from the date of its issuance: (1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, not exceeding the amount of the local monthly minimum wage standard for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

Labor arbitration is final, and if a lawsuit is not filed with the court within the statutory time limit, the arbitration will take effect.

Article 51 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: "The parties shall perform the legally effective mediation documents and awards within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law.

The people's court accepting the application shall enforce it in accordance with law. ”

The summary procedure will be completed within three months from the day you file the case.

arrears of wages, many were sentenced.

Case: In September 2013, Mr. Li undertook the interior residential renovation project of 52 houses in a community of Daya Bay. Subsequently, Li hired about 60 workers, including Kong and Liu, to engage in decoration work in the community, and agreed to calculate wages according to the amount of work.

After Li received more than 1.4 million yuan in progress payment, he did not pay the workers' wages in full, and owed 17 people a total of 185363 yuan.

In the first half of last year, workers complained to the Daya Bay Area Human Resources and Social Security Bureau. The District Human Resources and Social Security Bureau was able to contact Li in the early stage, but in the later stage of the investigation, the labor and social security inspectors could not find Li, and no one answered the call. In desperation, the District Human Resources and Social Security Bureau issued an announcement in the bureau, requiring Li to cooperate with the bureau within three days, but Li did not show up within the time limit and did not pay his salary.

Subsequently, Li was placed on file for investigation, ** arrested, and then prosecuted. The Daya Bay Court reported that Li maliciously defaulted on the labor remuneration of the workers, and the amount was relatively large, and he still did not pay it after being ordered to pay by the relevant departments, which constituted the crime of refusing to pay the labor remuneration, and was sentenced to one year and two months in prison and fined 5,000 yuan. The arrears of wages are still to be paid.

You can go directly to the labor bureau to apply for a payment order or the court to apply for arbitration.

Yes, there are also those who have been added to the blacklist.

The legal representative who owes the employee's salary violates the law, and may be suspected of committing a crime and will be sentenced to prison.

Article 276 of the Criminal Law stipulates: "Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay 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, 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. ”

If it is maliciously delinquent, it will be sentenced!

At present, it is not possible, and civil cases generally do not involve criminal liability.

Depending on the amount of arrears and the degree of social harm, if a sentence will not be imposed under normal circumstances, the provisions of the Labor Law may be relied upon to deal with it.

Under normal circumstances, there will be no sentence at the litigation stage, and the arrears of wages should be handled as a civil legal relationship, and if the performance is refused at the enforcement stage, it is only possible to "sentence", but the possibility is quite small.

1. Article 238 of the Criminal Law stipulates that anyone who illegally detains another person or illegally deprives another person of his personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law. Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.

2. It is recommended to reach a settlement with the parties, give the parties appropriate compensation mentally or economically, seek exemption from criminal punishment, and accept relevant penalties in accordance with the law if the parties are held responsible.

You are illegally detained!

Generally speaking, theft is always convicted according to the value of the stolen items and the seriousness of the circumstances, and the amount in developed places will be sentenced to a larger amount, and in some places more than 2000 and less than 20000 can be sentenced to more than 3 years and less than 10 years.

Theft should be punishable by more than three years in the current situation.

Take the initiative to confess and say something else.

At the time of enforcement, the court enforcement officer may request the employer to assist in enforcement, and it will be deducted from the monthly salary.

No, the court just makes a judgment, how much should be paid, and as for how you enforce it, the court can't help it.