Refusing To Pay Remuneration For Labor And Detention Without Consultation

In the absence of settlement of wages with migrant workers, and refusing to implement the decision of the labor and social security supervision department to order corrections, the Quxian County social and social Bureau pferred the contractor, Chen Mou, to the public security organ on suspicion of "refusing to pay labor remuneration".

In February 16th, the contractor, Chen Mou, was detained by the public security organs for criminal detention. This is the case of Quxian County's first criminal case of refusing to pay remuneration after the crime of malicious wages.

In December 22nd of last year, more than 30 migrant workers such as Deng Mou went to the Quxian County Labor Supervision Bureau for complaints, and a contractor who worked for a project contracted wages of about 320 thousand yuan.

Due to the large amount of arrears and the large number of people, the county people's social and social Bureau immediately carried out an investigation and found that Chen's wages owed 320 thousand yuan.

The staff of the Bureau interviewed the contractor for many times and warned him that the wages of farmers were high voltage lines. They must attach great importance to the payment of wages for migrant workers in full and in time.

"Article thirtieth," labor and social security supervision Ordinance "twenty-sixth to Chen issued the" labor security supervision order to correct the decision ", requiring all workers to pay in January 28th this year.

Remuneration.

In January 28th, migrant workers once again went to the Quxian County Labor Supervision Bureau of the Bureau of social and economic affairs to demand wages.

Quxian County people's Bureau of many times telephone contact Chen, Chen mobile phone shut down, and contacted their families, asked Chen to pay migrant workers wages within a specified period, but Chen still did not appear and the phone shut down, suspected of arrears of wages to escape.

In view of Chen's arrears of wages for migrant workers and refusal to rectify the situation, he was suspected of having absconded with wages. In February 3, 2015, the Quxian County social and Economic Bureau decided to use the 276th criminal law.

The amendment (eight) forty-first provides for the pfer of the suspected crime of refusing to pay labor remuneration to the judiciary.

On the 16 day, Chen was detained by the public security organs.

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A business trip may not be or seldom happens to many workers, and it is unclear or not clear about the door and road.

However, for some workers who are engaged in engineering, insurance, sales or cross provincial business, traveling is a common matter.

In individual enterprises, "business trip" has become an implicit means to infringe upon the rights and interests of employees.

From the complaints that the reporters wrote, no matter "Mr. Zhang, a security officer who is going to be away on a business trip for two years", or Xiao Li, an engineer who works on a business trip for 365 days and more than 200 days a year, is still a financial lady who has all sorts of subsidies to talk about.

All these workers have such difficulties or doubts, but they are faced with almost the same answer: they must go, not go...

Therefore, these complainants feel that "business trip" has become a means for enterprises to force themselves or to resign themselves. It is not a big problem on the surface, but it is actually a soft knife.

After a reporter's investigation, it was found that the protection of the rights and interests of employees on the "business trip" is soft in the law itself, which also gives the individual business operators an opportunity.

From the perspective of relevant laws, no matter whether the length of travel time or the frequency of business trips, or the amount of subsidies to go abroad, there is no clear reference standard and regulations.

Of course, arrangements for workers to travel business is the scope of independent management of enterprises, the industry is different, the nature of the work is different, the effectiveness of different enterprises, it is difficult to formulate a unified standard.

However, it does not mean that enterprises can let themselves go.

After the investigation, the reporters also put forward several countermeasures, for example, some enterprises or jobs that are easy to involve in business trips. The labor contracts are drawn up more finely, and some relevant agreements are added.

For example, there are more industry intervention in related industry associations to effectively formulate industry norms to limit them.

These have given us the train of thought and direction for solving problems.

The key to breaking the soft infringement caused by "business trip" is that the relevant laws and regulations can not always be "on the road".