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Legal analysis: There is no amount requirement for filing labor dispute cases. The criteria for filing a criminal case for the crime of refusal to pay labor remuneration are "arrears of labor remuneration for more than three months and the amount is more than 10,000 yuan" or "arrears of labor remuneration for 10 or more workers and the cumulative amount is more than 80,000 yuan".
Legal basis: Article 276 of the Criminal Law of the People's Republic of China: Whoever destroys machinery and equipment, mutilates farm animals, or destroys production and operation by other means for revenge or other personal purposes, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment. Article 276-1: 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 relevant departments still fail 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.
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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There is no amount requirement for filing a labor dispute case. According to the current relevant laws and regulations, the employer's wage arrears are illegal acts, and the employee can file a complaint with the local labor inspection department or apply for labor arbitration to protect his rights, and as long as such illegal acts occur, he or she can apply for labor arbitration.
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Larger amounts may be prosecuted for criminal liability, and generally the amount is reached.
Legal basis: Article 276-1 of the Criminal Law 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 department or clan still fails to pay 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.
Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration Article 2: In any of the following circumstances, where the purpose is to evade the payment of labor remuneration to laborers, it shall be found to be "evading the payment of laborers' labor remuneration by means such as transferring property, or escaping" as provided for in paragraph 1 of Criminal Law article 276-1:
1) Concealing assets, maliciously paying off, fabricating debts, making false bankruptcies, making false bankruptcies, or otherwise transferring or disposing of assets;
2) Fleeing or hiding;
3) Concealing, destroying, or tampering with accounts, employee rosters, wage payment records, attendance records, and other materials related to labor compensation;
4) Evading the payment of labor remuneration by other means.
Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration Article 3: In any of the following circumstances, it shall be found to be a "relatively large amount" as provided for in paragraph 1 of Criminal Law article 276-1:
1) Refusal to pay a worker's labor remuneration for more than three months and the amount is between 5,000 and 20,000 RMB;
2) Refusal to pay labor remuneration to 10 or more workers in an aggregate amount of 30,000 to 100,000 RMB.
The High People's Courts of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic and social development status of that region, research and determine the specific monetary standards for enforcement in that region within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Law Fuhao Court for the record.
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There is no amount requirement for filing a labor dispute case. The amount of arrears of wages can be filed, and there is no amount requirement. According to the current relevant laws and regulations, the employer's wage arrears are illegal acts, and the employee can file a complaint with the local labor inspection department or apply for labor arbitration to protect his rights.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration
Article 1: Labor remuneration due to workers in accordance with the provisions of the "Labor Law of the People's Republic of China", the "Labor Contract Law of the People's Republic of China" and other laws, including wages, bonuses, allowances, subsidies, wages and remuneration for extended working hours, and wages paid under special circumstances, shall be found to be "laborers' labor remuneration" as provided for in paragraph 1 of Criminal Law article 276-1.
Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with these Regulations.
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Legal analysis: There is no amount requirement for filing labor dispute cases. According to the current relevant laws and regulations, the employer's wage arrears are illegal acts, and the employee can file a complaint with the local labor inspection department or apply for labor arbitration to protect his rights.
Stuffy this file. Legal basis: Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
If the employer is in arrears or fails to pay the full amount of labor remuneration, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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Legal analysis: There is no amount requirement for filing labor dispute cases. According to the current relevant laws and regulations, the employer's wage arrears are illegal acts, and the employee may file a complaint with the local labor inspection department or apply for labor arbitration and arbitration to protect his rights.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
If the employer is in arrears or fails to pay the full amount of labor remuneration, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration" Article 3: In any of the following circumstances, it shall be found to be a "relatively large amount" as provided for in paragraph 1 of Criminal Law article 276-1: 1) Refusal to pay a worker's labor remuneration for more than three months and the amount is between 5,000 and 20,000 RMB; 2) Refusal to pay labor remuneration to 10 or more workers in an aggregate amount of 30,000 to 100,000 RMB. The High People's Courts of all provinces, autonomous regions, and directly governed municipalities may, on the basis of the economic and social development status of that region, research and determine the specific amount standards for enforcement in that region within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court for the record.
Therefore, the question of how much arrears of wages can be filed depends on the local law.
Article 30 of the Labor Contract Law of the People's Republic of China The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the labor contract and respect agreement and state regulations. If an employer is in arrears or fails to pay the full amount of labor remuneration, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Generally, the human resources and social security department shall order payment, but other relevant departments may also order payment within the scope of their authority. 1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law. >>>More
The solution to the non-payment of unpaid wages: >>>More
The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract. >>>More
Generally speaking, in this case, you can refer to the following ways to protect your rights: >>>More
1. What is the illegal act of arrears of wages?
1. Wage arrears are labor violations. The employee may apply for labor arbitration to demand the employer to pay wages, and if the employer refuses to pay the labor remuneration, and the amount reaches a large amount, it is a criminal act. If a worker is owed wages, he or she may recover wages by reporting or applying for labor arbitration. >>>More