A Large Increase In The Number Of Cases Of Refusing To Pay For Labor Remuneration

Jiangsu Provincial High Court responsible person said that malicious wage arrears from 2011, regardless of the administrative departments or judicial organs, there is a gradual process of familiarity.

In order to speed up the crime of "refusing to pay labor remuneration", the Jiangsu Provincial High Court specially issued the standard of sentencing for malicious arrears of wages: refuse to pay the remuneration of a worker for more than 3 months and the amount above 10 thousand yuan; or refuse to pay more than 10 workers' labor remuneration and the amount is over 60 thousand yuan, will be investigated for criminal responsibility.

In sentencing, the court is sentenced to fixed-term imprisonment or criminal detention in accordance with the law.

In addition to ordering the offender to pay the wages payable according to law, the court of Jiangsu in 2014 imposed a penalty of 1 million 545 thousand yuan on such crimes.

Excessive competition in the low-end sector is the cause.

Why

It is the hardest hit area of arrears of wages. There are people in the local industry who believe that the textile and garment industry as a pillar industry in Jiangsu, the absolute size of output value and the number of employees has always been in the forefront of Jiangsu. It may be part of the reason why the proportion of wages owed by textile enterprises is rather high, but the main reason is that some enterprises can not adapt to changes in their living environment.

As the industry with the highest degree of marketization, textile has entered the new normal of low speed growth before the national economy.

He believes that the changes in the market environment make textile enterprises more exposed to the problem of excessive competition in the low-end areas.

The head of a textile enterprise responded to reporters, and the arrears of wages were also related to the weak position of the production enterprises in the trade. The textile industry was fiercely competitive, and traders and purchasers in a strong position often asked for a very long account. Some enterprises had to promise to take orders, so that the market risk and financial pressure would be pferred to the production enterprises. Once the wind and steam came into being, enterprises would be faced with a dilemma.

At the same time, some entrepreneurs lack the awareness of law, and they do not know enough about the crime of refusing to pay labor remuneration. They do not realize the risks in the operation, and the inadequate response to the risk of enterprise capital chain is also the cause of arrears of wages.

Improve the market exit mechanism or improve

Some experts in the industry believe that the failure of the employer's salary sentence reflects the realistic factors such as the imperfect market exit mechanism in China. We should speed up the market exit mechanism for the survival of the fittest and improve the bankruptcy system so that the bankrupt enterprises can properly handle debts and labor disputes.

Because of the slowdown in China's economy and the impact of the adjustment period, some textile enterprises' capital chain frequently appears "state", and some employers appear to pay wages or even "run away" phenomenon.

But we can not just beat the board on the boss of private enterprises. We should reflect on why the first choice of enterprises is not to go bankrupt, but to pay wages illegally or even to run with them.

In this regard, experts believe that there are still many misunderstandings about the bankruptcy of enterprises at present. The huge amount of material and financial resources that are applied for bankruptcy, and the concern that bankruptcy may not be beneficial to enterprises is the main reason for less bankruptcy applications.

In fact, the market itself is a place where the survival of the fittest is eliminated. Many companies have survived in name only. They will continue to accumulate more systemic risks in the long run. If they can really implement and improve the exit mechanism, this is actually beneficial to the development of the industry.