Realistic confusion
Xiao and several brothers from the same village started working at a certain Jiangkou hydropower station in 2009. The employer, Akita Construction Co., Ltd., has always paid the wages of migrant workers on time. In early 2015, as the project entered its final stages, the owner of the hydropower station, Fugui Energy Co., Ltd., owed tens of millions of yuan in project payments, leaving Akita Company without money to pay migrant workers for more than four months. On April 27, 2015, most migrant workers went on strike, demanding payment of back wages. After threatening the workers to no avail, the owner of the hydropower station gathered more than 200 people at the construction site at 10 a.m. and beat the workers, causing many injuries. So, how to determine the behavior of the hydropower station owner?
Lawyer
If the owner of a hydropower station owes a large amount of wages to workers and still fails to pay after being ordered to pay by the relevant government departments, it constitutes a crime of refusal to pay labor remuneration. This crime stipulates aggravating circumstances that "cause serious consequences". According to Article 5 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration", "the use of force against workers who demand payment of labor remuneration" Violence or threats of violence "should be deemed as "causing serious consequences" as stipulated in the first paragraph of Article 276 of the Criminal Law. In this case, the owner of the hydropower station not only threatened employees with violence when they asked for wages, but also gathered a crowd to beat the migrant workers, causing many injuries. This is obviously a serious situation and should be subject to "fixed-term imprisonment of not less than three years but not more than seven years, and a fine of "Gold" is an upgraded legal sentence. Therefore, the behavior of the hydropower station owner has constituted the crime of refusing to pay labor remuneration, and he should be investigated for criminal liability according to the seriousness of the circumstances.
Links to laws and regulations
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration"
Article 5 Refusal to Pay If a worker's labor remuneration complies with the provisions of Article 3 of this Interpretation and falls under any of the following circumstances, it shall be deemed to have "caused serious consequences" as stipulated in Article 276, Paragraph 1, Item 1, of the Criminal Law:
(1) The basic life of workers or their caregivers, dependents, and dependents is seriously affected, serious diseases cannot be treated in time, or the students lose their studies; (2) Use violence or use violence against workers who demand labor remuneration. Threats of violence; (3) Causing other serious consequences.
Legal Principles
The behavior of an employer using violence or threatening violence is essentially a refusal to pay labor remuneration, and therefore it still falls within the scope of the crime of refusing to pay labor remuneration. , should be subject to a higher statutory penalty and should no longer be convicted and punished separately for intentional injury or intentional homicide. At the same time, migrant workers should seek wages through legal channels and pay attention to protecting the personal and property safety of themselves and their families.