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    If We Refuse To Pay Labor Remuneration, We Should Pursue Criminal Responsibility.

    2015/6/5 14:52:00 24

    Labor RemunerationCriminal Responsibility And Rights Protection

    In 2013, pan Mou contracted a construction project from a company.

    At the beginning of December, because a company was in arrears with the project, pan was unable to pay the workers' wages.

    By the coordination of the people's and social departments, a company will bring in 30 workers' wages of 450 thousand yuan into the pan's personal account, and pan will give the bank card to the workers.

    But the workers inquired that they had been pferred by pan to an electronic bank.

    In January 16, 2014, the Bureau of human resources and social affairs posted the order to pay for the residence of pan, and PAM did not pay it.

    Subsequently, the Bureau pferred the case to the judiciary.

    In October 2014, the local court decided that Pan's crime of refusing to pay labor remuneration was set up and sentenced to two years' imprisonment.

    The criminal law stipulates the crime of refusing to pay labor remuneration:

    Transfer of property

    To escape paying the laborer's remuneration or having the ability to pay without paying.

    Worker

    If the amount of remuneration paid by the government is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if it is ordered by the relevant government departments to pay, or shall be punished or punished. If the consequences are serious, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

    According to relevant

    judicial

    Interpretation shall be deemed as "larger amount" in one of the following situations: (1) refuse to pay a worker's remuneration for more than three months and the amount of the remuneration is between five thousand yuan and twenty thousand yuan; (2) refuse to pay ten or more workers' remuneration for labor, and the amount is accumulated from thirty thousand yuan to one hundred thousand yuan.

    In this case, he avoided paying laborers' remuneration by pferring his property and reached a huge standard. He was ordered to pay by the Department of human resources and society, and still paid no payment, which was in accordance with the statutory circumstances and should be investigated for criminal responsibility according to law.

    Related links:

    In this year's government work report, Premier Li Keqiang stressed the need to implement paid vacation.

    Recently, Hunan, Gansu, Heilongjiang and other places have introduced regulations on paid vacation in government departments and institutions, and implemented the system of paid leave.

    However, a reporter's investigation found that many paid vacation systems in reality are still a mere scrap of paper.

    In May 25th, the general office of the Hunan provincial government issued the detailed rules for the implementation of paid annual leave in Hunan province.

    The detailed rules stipulate that the staff of organs and institutions can enjoy paid annual leave for more than 1 years.

    During the annual leave period, the staff enjoy the same wage income as the normal working period.

    According to the introduction, as the national "Regulations on annual paid leave for employees" and the implementation method of paid annual leave for staff and workers in organs and institutions, it fell into place in Hunan. This rule does reflect "fine". It not only provides a method for calculating the days of paid annual leave, but also defines holidays and holidays.

    Last month, the regulations on paid annual leave for workers issued by Harbin last month stipulate that the contents of paid annual leave can be consistent with the provisions of 2008 when the staff of organs and institutions continue to work for more than 1 years.

    However, for the problem of whether there is any subsidy for annual leave with paid annual leave, Harbin proposes that the number of days off should be subsidized by 300% of the daily wage, but the personal income will only be paid during the normal working period.

    In April 20th this year, the Standing Committee of the Lanzhou Municipal CPC Committee deliberated and adopted the measures for implementing the system of paid annual leave for staff and workers in organs and institutions.

    The meeting pointed out that all staff members who have worked for more than 1 years in the organs and institutions that have approved the implementation of the wage and income distribution system of the organs and institutions can enjoy the annual leave treatment.

    If the organs and institutions do not arrange for the staff to take their annual leave, the people's and Social Department of the people's government at or above the county level shall order them to make corrections within a specified time.


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