Refusing to pay a worker more than three months of labor remuneration and the amount of five thousand yuan to more than 20,000 yuan; refusing to pay more than ten workers and the amount of accumulated 30,000 yuan to more than 100,000 yuan for the crime of malicious non-payment of wages filing criteria.
According to Article 3 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration, if any of the following circumstances exists, it shall be deemed to be the "larger amount" stipulated in the first paragraph of one of the first paragraph of Article 276 of the Criminal Law:
(1) Refusal to pay the labor remuneration for a laborer for more than three months, and the amount is five thousand yuan to ten thousand yuan. (a) refusing to pay the labor remuneration of one worker for more than three months and the amount is from five thousand yuan to more than twenty thousand yuan;
(b) refusing to pay the labor remuneration of more than ten workers and the cumulative amount is from thirty thousand yuan to more than one hundred thousand yuan.
The Higher People's Courts of the provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the economic and social development of their respective regions and within the range of the amounts stipulated in the preceding paragraph, study and determine the specific standards of the amounts to be enforced in their respective regions and report them to the Supreme People's Court for the record.
Expanded information:
The Interpretation of the Interpretation on Several Issues Concerning the Application of Law to the Trial of Criminal Cases of Refusal to Pay Labor Remuneration Article 6 The refusal to pay labor remuneration to workers. If the refusal to pay the labor remuneration has not yet caused serious consequences, and if the labor remuneration is paid before the criminal case is filed and the corresponding compensation liability is assumed according to law, the case can be deemed to be of significantly minor harm and not considered a crime; if the labor remuneration is paid before the public prosecution is filed and the corresponding compensation liability is assumed according to law, the criminal punishment can be mitigated or exempted; and if the labor remuneration is paid before the judgment is pronounced at the first trial and the corresponding If the labor remuneration is paid before the verdict is pronounced in the first trial and the corresponding compensation responsibility is assumed according to law, the punishment may be reduced.
Where criminal punishment is waived, the offender may, depending on the circumstances of the case, be admonished, ordered to repent or apologize. If the refusal to pay the labor remuneration of the workers causes serious consequences, but the workers are paid before the sentence is pronounced and are liable to pay compensation according to the law, the punishment can be lenient as appropriate.
Dongfang Hong People's Court - On the application of law in hearing criminal cases of refusing to pay labor remuneration