The crime of refusing to pay labor remuneration, the crime of refusing to pay labor remuneration

Refusal to pay remuneration for labor (Article 276-1 of the Criminal Code).

1) In any of the following circumstances, a case shall be filed for prosecution and a sentence of up to three years imprisonment or short-term detention shall be given, and/or a fine:

1.refusal to pay a worker's labor remuneration for more than 3 months and the amount is more than 5,000 yuan;

2.Refusal to pay labor remuneration to 10 or more workers and the cumulative amount is more than 30,000 yuan.

2) In any of the following circumstances, serious consequences are caused, and a sentence of between three and seven years imprisonment and a concurrent fine is to be given:

1.causing the basic livelihood of the worker or the dependent, the dependent, or the dependent's basic life to be seriously affected, the inability to receive timely medical treatment for a serious illness, or the failure to attend school;

2.The use of violence or threats of violence against workers demanding payment of labor remuneration;

3.causing other serious consequences.

Elements of the subject of the crime: The subject of the crime is the general subject, that is, enterprises and natural persons. Subjective aspects of the crimeThis crime is manifested in the subjective aspect of intent, including direct intent and indirect intent. That is, subjectively knowing that such inaction of "not paying labor remuneration to laborers" will lead to the social harmful consequences of workers not being able to receive labor remuneration in a timely manner, but hoping or allowing such consequences to occur.

There are several circumstances that should be found to be intentional: (1) Where the refusal to act, that is, the refusal to pay the employee's labor remuneration is clearly expressed, it should be determined as intentional as a matter of course. This includes arrears without justifiable cause, whether or not for the purpose of unlawful possession.

2) Where a person takes the initiative to carry out an act and makes excuses for non-payment even though he indicates that he should pay, it shall be deemed to be intentional. If the property is transferred without a legitimate reason, resulting in the false impression of inability to pay; The principal responsible person of the employer or the staff member who instructs the employee to pay the employee's labor remuneration to flee, resulting in a false appearance that the employee cannot be paid; or illegally withholding wages or fines. Elements of the object of the crime The object of the crime:

It is a dual object, which not only infringes on the property rights of laborers, but also hinders normal labor-employment relations and infringes on the order of the socialist market economy. The objective aspect of the crime is that there are both harmful acts and harmful results, and there is a causal relationship between the two.

1) Evading the payment of the laborer's labor remuneration by means of transferring property, escaping, etc., or failing to pay the laborer's labor remuneration if he has the ability to do so. In any of the following circumstances, it shall be determined: 1) Acts of evading the payment of labor remuneration to workers by means of transferring property, escaping, etc.

2) Ability to pay but not pay the labor remuneration of the worker. That is, the bank deposit of the enterprise is sufficient to pay the labor remuneration of the employee, and the inaction results in the labor failure of the employee to receive the labor remuneration according to the contract or the statutory time limit. If the monthly wage system is implemented, if the salary is not paid for more than 20 days, it constitutes "non-payment".

2) The amount is larger. The law does not expressly stipulate the range of absolute values that constitute it. The standard for criminalization of the crime of embezzlement in public office should be compared, that is, evading or failing to pay the laborer's labor remuneration of 5,000 yuan to 10,000 yuan or more, which constitutes a "relatively large amount" and should be prosecuted.

3) Those who have been ordered to pay by the relevant departments still do not pay.

Don't be too naïve, you haven't learned the characteristics of the grassroots department? Will the Labor Bureau and the Public Security Bureau do this? It's not as simple as you think. Moreover, it does not constitute a crime at all.

You can go to the labor inspection brigade of the Human Resources and Social Security Bureau to complain and report, or you can go to labor arbitration and suggest labor arbitration, so as to strive for the greatest rights and interests. The main legal rights and interests that we can fight for through arbitration are:

1.To get your wages back. Basis: Wages should be paid on a monthly basis and must not be in arrears.

2.If you don't sign a contract, you will be paid double your salary. Basis: If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly wage.

3.Double or triple salary. Basis: In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

2) If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage (the worker shall have at least one day off per week);

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

4.Fight for compensation. Basis: If the employee is not dismissed in accordance with the regulations, the corresponding economic compensation shall be paid.

and a number of other rights ......

I was able to recover the arrears of wages through labor arbitration, and I also won compensation for more than three times my wages (twice the wages paid to me in the factory without a contract, three times the wages for unused holidays, etc.).

Sentencing for the crime of refusal to pay labor remuneration: Usually up to three years imprisonment or short-term detention and/or a fine. The crime of refusal to pay labor remuneration refers to the act of evading the payment of labor remuneration to a laborer by means such as transferring property or escaping, or having the ability to pay but not paying the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it.

[Legal basis].

Article 276-1 of the Criminal Law of the People's Republic of China.

Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or who has the ability to pay but does not pay the labor remuneration of a person whose labor reputation has been discredited, 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, Qinghu is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine.

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.

The crime of refusing to pay labor remuneration is to evade the payment of labor remuneration to workers by transferring property and escaping, or to have the ability to pay but not pay labor remuneration to workers, the amount is very large, and the relevant departments still do not pay after being ordered to pay it. This kind of behavior is obviously a violation of the relevant rights and interests of the employee, and you can go to court to sue him.

1. The crime of refusing to pay labor remuneration.

It is very difficult for everyone to find a suitable job for themselves, and of course everyone wants to be able to get better benefits in the company. If the company itself is not very formal, then the company may not pay you a certain amount of labor remuneration according to the specified time, and the party will feel very sad at this time, but you have no way to solve this problem.

If the company does not pay you a certain amount of labor remuneration without any valid reason, then this is clearly a violation of the law. At this time, you can first go to the labor arbitration bureau to sue the company, and if the company still does not pay you the corresponding labor remuneration, then you can go to the court to sue him.

2. Specific analysis.

If the other party evades paying the employee's labor remuneration, or if the company is clearly capable of paying the employee's relevant remuneration, but still refuses to pay the employee's labor remuneration. And the amount is relatively large, and the relevant departments have known about this matter, and ordered the company to pay the relevant remuneration of the workers, but the company still refuses to pay, then the person in charge of the company will be sentenced to up to three years in prison or criminal detention.

There is also a fine, and if the consequences are particularly serious, a prison sentence of not less than three years but not more than seven years. Therefore, it is also necessary for everyone to understand the labor law, so that you can better protect your own legitimate rights and interests, and if your rights and interests are infringed by others, you can go to the court to sue this person.

The crime of refusal to pay labor remuneration refers to the act of evading the payment of labor remuneration to a laborer by means such as transferring property or escaping, or having the ability to pay but not paying the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it.

The crime of refusing to pay labor remuneration.

The crime of refusing to pay the remuneration of the laborer is an act of evading the payment of the laborer's labor remuneration by means of rolling sale, transferring property, escaping, etc., or having the ability to pay but not paying the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay the payment.

Relatives are confiscated by the relevant laws and regulations of our country. Article 41 stipulates that a person who evades the payment of a worker's remuneration by means of transfer of property, such as making a disturbance or escaping, or who has the ability to pay but fails to pay the worker's remuneration for his or her labor, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.