If the enterprise goes bankrupt and the boss runs away, it constitutes the crime of refusing to pay labor remuneration (commonly known as the crime of malicious arrears of wages). If the amount is relatively large and refuses to pay after being ordered to correct by the relevant government departments, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
The Supreme People's Court's explanation on some issues concerning the application of law in the trial of cases of refusing to pay labor remuneration.
Article 2. For the purpose of evading payment of laborers' labor remuneration, any of the following circumstances shall be deemed as "evading payment of laborers' labor remuneration by transferring property or concealing". "The first paragraph of Article 276- 1 of the Criminal Law stipulates:
(1) Concealing property, paying off in bad faith, fictitious debts, false bankruptcy or false closure, or transferring or disposing of property in other ways;
(2) running away or hiding;
(3) Concealing, destroying or tampering with accounts, employee rosters, wage payment records, attendance records and other materials related to labor remuneration;
(4) evading payment of labor remuneration by other means.
The above contents are related answers. In our country, it may constitute a crime for an enterprise to go bankrupt and the boss to escape and transfer funds. This time it is more serious. Those who should pay remuneration but the amount is not large may be sentenced to fixed-term imprisonment of not more than three years, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
China entrepreneurs would rather run away than liquidate or file for bankruptcy; Why is this?
First, I don't know how to file for bankruptcy, and I don't want to go to the step of filing for bankruptcy. Many entrepreneurs feel that instead of filing for bankruptcy in China, it is better to go to friends for financing and see if there is any way to tide over the difficulties. If you can get the money and take it back to solve the current crisis, you don't have to file for bankruptcy.
Second, entrepreneurs feel that the responsibility should be borne by themselves when they are in trouble and in debt. If they file for bankruptcy, the quality of life of their families will be affected. Once filing for bankruptcy, immediate family members will be restricted from spending, bank cards will not be used, and all deposits will be frozen. As long as there is a glimmer of hope, they are unwilling to embark on the road of filing for bankruptcy.
Third, if bankruptcy is filed, the court will sell its assets at a low price. If the equipment with a value of 100000000 yuan or more cannot be sold for 2 million yuan, it is necessary to sell the property under its name at a low price to pay off debts. Many entrepreneurs think that instead of selling all their property so cheaply, it is better to go out and ask friends to borrow money to pay off debts.
Fourth, under China's financial system, corporate loans need to be signed by shareholders and bear joint and several liabilities. Even if the boss files for bankruptcy, the money owed by the boss to the bank will still be paid back, because when the bank signs a loan agreement with the boss, it must be guaranteed by the boss or his friend, and the individual is infinitely liable. Even if you file for bankruptcy, the debt owed by the boss to the bank will not disappear, and you will have to pay it back eventually.
Fifth, in the process of liquidation and dissolution, I am afraid that a series of illegal and criminal acts or tax evasion will be discovered. Many entrepreneurs have irregular taxes when they run their businesses. Once they declare bankruptcy liquidation, they must pay all the taxes owed in front, otherwise they still cannot go bankrupt and liquidate. In this case, entrepreneurs can only choose to run away and are unwilling to solve the problem by filing for bankruptcy.
Sixth, the cost of filing for bankruptcy is not low. Entrepreneurs themselves have no money, but they still have to apply for bankruptcy with a sum of money, so entrepreneurs choose to run away.