Will migrant workers be paid additional compensation or sentenced for arrears of wages?

Lawyer's answer: It depends.

Lawyer's analysis: It depends. Under normal circumstances, those who owe wages to migrant workers will not be sentenced.

This is a labor dispute, and at most it is to bear the corresponding administrative penalties and compensation liabilities. However, if there is an act of evading the payment of the labor remuneration of the laborer by transferring property, escaping, etc., or having the ability to pay but not paying the labor remuneration of the laborer, and the amount is relatively large, and the relevant departments have ordered the payment but still do not pay, then the crime of refusing to pay the labor remuneration will be committed. At this time, it is necessary to convict and sentence according to the circumstances of the crime.

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 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. 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.

1. Under normal circumstances, those who are in arrears of wages to peasant workers will not be sentenced. This is a labor dispute, and at most it is to bear the corresponding administrative penalties and compensation liabilities. However, if there is an act of evading the payment of the laborer's labor remuneration by transferring property, escaping, etc., or having the ability to pay the laborer's labor remuneration, and the amount is relatively large, and the employee is still not paid after being ordered to pay by the customs department, then he will be guilty of the crime of refusing to pay the labor remuneration.

At this time, it is necessary to convict and sentence according to the circumstances of the crime. 2. Article 276-1 of the Criminal Law: Whoever 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 payment is still not made 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, the sentence is to be between three and seven years imprisonment and a concurrent fine.

Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Measures for compensation for arrears of wages for migrant workers

Compensation for arrears of wages owed to migrant workers shall be paid to workers 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 the labor contract and failing to pay economic compensation to the employee in accordance with these laws and regulations. Legal consequences of wage arrears: The employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and state regulations.

What should I do if the employer owes wages?

In the case of arrears of wages by the employer, the migrant worker should first negotiate with the employer, and if the negotiation cannot be resolved, the following legal channels can be adopted:

1) Complain and report to the local labor and social security inspection agency;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;

Tuan Chun (3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

It should be particularly pointed out that when encountering a situation where rights and interests such as wage arrears are infringed, we must not resort to radical acts such as climbing buildings and blocking roads, and we must rely on legal means to solve the problem. Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the criminal law.

In fact, from the above analysis, we can see that the law of our country has clearly stipulated the method of compensation and the proportion of compensation after arrears of migrant workers' wages, and all the parties need to do is to use the law in a timely manner to protect their rights and interests, if the situation is complicated, you can consult a lawyer.

Where an employer owes wages to migrant workers, the employer shall pay it off in accordance with law. If an employer is in arrears with the wages of an employee, the labor administrative department shall order the employee to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation.

[Legal basis].Article 16 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers.

Where an employer owes wages to migrant workers, it shall pay it off in accordance with law.

Article 91 of the Labor Law.

If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

How to compensate the employer for arrears of wages: The labor administrative department shall order the employer to pay the wages and economic compensation to the employee, and may also order the employer to pay compensation. Legal basis: Article 18 of the Interim Provisions on Payment of Wages provides that labor administrative departments at all levels have the right to supervise the payment of wages by employers.

If an employer commits any of the following acts that infringe upon the lawful 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) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; 3) Paying wages to workers lower than the local minimum wage standard; The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Equality before the law in our country is not only a slogan of the law, but also a rule that the legal department of our country has always wanted to realize and promote in the society, for example, in terms of labor, no matter how special the employer is, it cannot owe wages to workers, and must also give compensation after arrears, so how to compensate the economy after arrears of wages for migrant workers? The relevant content has been sorted out, I hope it will be helpful to you.

How to compensate the economy after arrears of wages to migrant workers

You may request payment of wages and resign on this ground, or you may apply for labor arbitration to demand the payment of economic compensation. The employer shall pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.

Relevant labor knowledge

Labor Contract 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.

Labor Dispute Arbitration and Mediation Law

Article 9 Where an employer violates the provisions of the State by defaulting on or failing to pay labor remuneration in full, or by defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

Article 16 Where a mediation agreement is reached due to the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, but the employer fails to perform within the time limit agreed in the agreement, the worker may apply to the people's court for a payment order in accordance with law with the written proposal of the mediation agreement. The people's court shall issue a payment order in accordance with law.

Article 51: The parties shall perform on legally effective mediation documents or rulings 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.

In fact, from the above analysis, we can see that in China's legal provisions, there are clear proportions of economic compensation for arrears of workers' wages, as for what proportion of compensation is delayed, it often needs to be decided according to the specific facts of the case.

1. Under normal circumstances, those who are in arrears of wages to peasant workers will not be sentenced. This is a labor dispute, and at most it is to bear the corresponding administrative penalties and compensation liabilities. However, if there is an evasion of payment of labor remuneration by transferring property, evasion, etc., or having the ability to pay but not paying the labor remuneration of the laborer, and the amount is relatively large, and the relevant departments have ordered to pay but still do not pay, then it will be committed the crime of refusing to pay labor remuneration.

At this time, it is necessary to convict and sentence according to the circumstances of the crime. 2. Article 276-1 of the Criminal Law: Whoever 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 payment is still not made 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.

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 at a rate lower than the local minimum wage standard; 3) arranging overtime work without paying overtime pay; (4) Where the labor contract is dissolved or terminated, and economic compensation is not paid to the worker in accordance with these Regulations. Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.