• <abbr id="ck0wi"><source id="ck0wi"></source></abbr>
    <li id="ck0wi"></li>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li><button id="ck0wi"><input id="ck0wi"></input></button>
  • <abbr id="ck0wi"></abbr>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li>
  • Home >

    Absconding Of Incompetent Payers Is Still A Crime Of Refusing To Pay Labor Remuneration.

    2015/6/13 13:38:00 39

    Those Who Are Unable To PayEscape Or Refuse To Pay Labor Remuneration.

    Wang Ding (a pseudonym) is a person in charge of a sole proprietorship company. During the company's operation, he owed more than 10 workers and wages more than 24 yuan.

    In June 2013, due to lack of operating capital and other reasons, Wang Ding closed the company and fled.

    After the staff report to the local people's Bureau, the Bureau of human resources and social affairs posted a written decision on administrative penalty in its residence, and Wang Ding's obligation to pay the wages of workers before February 11, 2014.

    When Wang Ding overfulfilled his performance, the Bureau of human resources and social affairs pferred the case to the public security organ.

    Police arrested Wang Ding in July 4, 2014.

    The court held that Wang Ding absconded with the method of escaping to pay wages, the amount was relatively large, and was not paid by the relevant government departments. His behavior constituted a crime of refusing to pay labor remuneration, and sentenced him to 1 years' imprisonment, 1 years' probation and a penalty of 5000 yuan.

    In this case, there are two totally different views on whether the unpaid labor remuneration constitutes a crime of refusing to pay labor remuneration.

    The author holds a positive attitude for this reason.

    1. Wang Ding carried out.

    Escaping behavior

    It shows that there is subjective indirect intent to pay wages.

    First, Wang Ding has clearly recognized that he did not pay wages, violating the relevant labor laws and regulations of the state, and second, he knew and should know that his own flight would directly lead to

    Worker

    It has lost the object of demanding remuneration, and has also lost the object of the labor department ordering the rectification and punishment to those who do not pay the remuneration, making it impossible for the workers to get their wages; third, he has a laissez faire attitude towards the consequences of the failure of the employees to get the wages, and neither wants to achieve nor take positive measures to prevent them from achieving.

    Therefore, it should be determined by intentional crime.

    2. Wang Ding did not pay wages objectively.

    Pay wages

    Take positive measures.

    Although Wang Ding had no financial capacity to pay, he did not negotiate with his employees about repayment, nor did he actively think of a way to solve it. Especially after he was ordered to make rectification after the deadline by the Department of human resources and social affairs, he still did not pay. His behavior fully conformed to the objective conditions of refusing to pay labor remuneration under the 276th clause and first paragraph of the criminal law.

    3. whether or not there is financial capacity to pay is not a necessary condition for refusing to pay labor remuneration.

    The interpretation of the Supreme People's Court on Several Issues concerning the application of law in criminal cases of refusing to pay labor remuneration stipulates three different punishments for crimes that are not considered guilty, mitigated or exempted from punishment and lenient treatment in accordance with the different periods when the actor pays the remuneration of a worker on a criminal case, before a public prosecution and before a referee.


    • Related reading

    Lawyer: If There Is No Contract, No Blank Evidence Will Bear Responsibility.

    Labour laws
    |
    2015/6/12 16:17:00
    22

    Unspecified Probationary Period, Adverse Consequences, Unit Commitment

    Labour laws
    |
    2015/6/11 13:48:00
    25

    On The Grounds Of Bad Business, The Layoffs Were Decided To Pay High Compensation To Workers.

    Labour laws
    |
    2015/6/10 20:05:00
    23

    Can The Successor Pursue The Wages Of The Late Laborers?

    Labour laws
    |
    2015/6/9 20:15:00
    27

    What Is The Standard Of The Law For Staff Housing And Lodging?

    Labour laws
    |
    2015/6/8 14:05:00
    14
    Read the next article

    Talk About The "Overtime" Incident.

    A good manager is to coordinate the two inputs of soft and hard. Managers create an atmosphere of enterprise, a harmonious, comfortable and warm environment. Next, let's take a look at the detailed information.

    主站蜘蛛池模板: 欧美日韩免费在线观看| 98久久人妻无码精品系列蜜桃| 被按摩的人妻中文字幕| 日韩剧情片电影网址| 国产成人做受免费视频| 乱了嗯祖宗啊用力| 激情欧美人xxxxx| 日韩高清在线播放| 国产天堂亚洲精品| 久久国产精品萌白酱免费| 韩国演艺圈悲参39全集都有谁| 日韩一区二区视频| 国产三香港三韩国三级不卡| 久久99国产精品久久99果冻传媒| 色天使色婷婷丁香久久综合| 我们离婚了第二季韩国综艺在线观看 | 色吊丝最新在线播放网站| 日本一区二区三区欧美在线观看 | 北条麻妃jul一773在线看| 丝袜美腿中文字幕| 看久久久久久a级毛片| 夜色私人影院永久入口| 亚洲欧洲视频在线观看| 2018中文字幕在线| 最新国产精品拍自在线播放| 国产亚洲高清不卡在线观看| 中文无码精品一区二区三区| 精品亚洲成a人无码成a在线观看 | 亚洲av日韩av综合| 香港经典aa毛片免费观看变态| 日本xxx在线播放| 十七岁日本高清电影免费完整版| japanesehdfree人妻无码| 欧美黑人bbbbbbbbb| 国产男女爽爽爽爽爽免费视频 | 国产极品美女到高潮| 久久婷婷五月综合色精品| 美国式禁忌3在线观看| 天堂√在线中文最新版8| 亚洲国产精品成人久久久| 香蕉在线视频播放|