I. Administrative punishment
The administrative department of labor security has the right to investigate and deal with wage arrears. If the employing unit fails to pay the workers' remuneration in full and on time in accordance with the labor contract or the provisions of the state, the administrative department of labor security shall order it to pay within a time limit; If the payment is not made within the time limit, the employer will be ordered to pay compensation to the workers according to the standard of more than 50% 100% of the payable amount. In addition, the employer may also face administrative penalties such as fines and revocation of business licenses.
Second, civil liability.
Arrears of wages will not only lead to administrative punishment, but also may lead to civil liability. Laborers have the right to demand the employer to pay the arrears of wages, and can recover the arrears through legal channels. In the course of litigation, if the employer is judged to be in arrears with wages, it may also bear additional civil liabilities such as interest, lawyer's fees and legal fees in addition to paying the arrears of wages.
Third, criminal responsibility.
In some cases, the behavior of wage arrears may constitute the crime of refusing to pay labor remuneration, and thus be subject to criminal investigation. According to the relevant provisions of the Criminal Law, those who evade payment of laborers' labor remuneration by transferring property, escaping, etc., or those who have the ability to pay but fail to pay laborers' labor remuneration after being ordered to pay by the relevant government departments, 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.
To sum up:
Arrears of wages are a serious illegal act. If the employer fails to pay the employee's salary in full and on time, it may face administrative punishment, civil liability and criminal liability. Workers who encounter unpaid wages should safeguard their rights and interests in accordance with the law and recover their unpaid wages through legal channels. At the same time, relevant departments should also strengthen supervision to ensure that the legitimate rights and interests of workers are protected.
Legal basis:
Labor law of the people's Republic of China
Article 50 provides that:
Wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
People's Republic of China (PRC) labor contract law
Article 85 provides that:
In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
Criminal law of the people's Republic of China
Article 276 stipulates that:
Those who evade paying laborers' labor remuneration by transferring property, escape or fail to pay laborers' labor remuneration, and still fail to pay after being ordered by relevant government departments to make corrections, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall 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.