Absconding Of Incompetent Payers Is Still A Crime Of Refusing 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.

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

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.

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.