Article 276-1 Whoever evades payment of laborers' remuneration by transferring property or escaping. Or refuses to pay the laborer's labor remuneration after being ordered by the relevant government departments, and the amount is relatively large, 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.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusing to Pay Labor Remuneration
In order to punish the crime of refusing to pay labor remuneration according to law and safeguard the legitimate rights and interests of workers, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows:
Article 1 The labor remuneration that should be paid to laborers in accordance with the Labor Law of People's Republic of China (PRC) and the Labor Contract Law of People's Republic of China (PRC), including wages, bonuses, allowances, subsidies, wages paid for extended working hours and wages paid under special circumstances, shall be recognized as "labor remuneration of laborers" as stipulated in the first paragraph of Article 276-1 of the Criminal Law.
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.
Article 3 In any of the following circumstances, it shall be deemed as "a large amount" as stipulated in the first paragraph of Article 276-1 of the Criminal Law:
(1) Refusing to pay remuneration to workers for more than three months, with the amount ranging from 5,000 yuan to 20,000 yuan;
(2) refusing to pay remuneration to more than 10 workers, and the accumulated amount is between 30,000 yuan and 100,000 yuan.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic and social development of the region and within the scope of the amount specified in the preceding paragraph, study and determine the specific amount standards implemented in the region and report them to the Supreme People's Court for the record.
Article 4 Where the labor remuneration is ordered by the human resources and social security department or other relevant government departments according to law, and it still fails to be paid within the time limit.
It should be regarded as "refusing to pay after being ordered to pay by the relevant government departments" as stipulated in the first paragraph of Article 276-1 of the Criminal Law, except that there is evidence to prove that the actor did not know that he was ordered to pay or failed to pay the labor remuneration in time for justified reasons.
If the actor escapes and cannot deliver the documents ordered to pay to himself, his adult family members who live together with him or the personnel in charge of receiving them by his unit, and the relevant departments post the documents ordered to pay at the actor's residence, production and business premises, and record them by taking photos or videos, it shall be regarded as "the payment ordered by the relevant government departments".
Article 5. Refusing to pay workers' remuneration conforms to the provisions of Article 3 of this Interpretation, and in any of the following circumstances, it shall be deemed as "causing serious consequences" as stipulated in the first paragraph of Article 276-1 of the Criminal Law:
(1) Causing a serious impact on the basic life of workers or their dependents, dependents and dependents, and failing to treat major diseases in time or dropping out of school;
(2) using violence or threatening violence against workers who demand payment of labor remuneration;
(3) Causing other serious consequences.
Article 6. Those who refuse to pay the remuneration of workers, but have not caused serious consequences, pay the remuneration of workers before filing a criminal case, and bear the corresponding liability for compensation according to law, can be considered as obviously minor, with little harm, and not as a crime;
Criminal punishment may be mitigated or exempted if workers are paid labor remuneration before prosecution and are liable for compensation according to law; Those who pay workers' remuneration before the verdict is pronounced in the first instance and bear the corresponding liability for compensation according to law may be given a lighter punishment.
Those who are exempted from criminal punishment may be admonished, ordered to make a statement of repentance or apologize according to the different circumstances of the case.
Those who refuse to pay the remuneration of workers, resulting in serious consequences, but pay the remuneration of workers before sentencing and bear the corresponding liability for compensation according to law, may be given a lighter punishment as appropriate.
Article 7 Where a unit or individual who does not have the qualification of employment subject illegally employs and refuses to pay labor remuneration, and the amount is relatively large, but still refuses to pay after being ordered by the relevant government departments to make corrections, criminal responsibility shall be investigated for the crime of refusing to pay labor remuneration in accordance with the provisions of Article 276-1 of the Criminal Law.
Article 8 If the actual controller of the employing unit refuses to pay labor remuneration, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the provisions of Article 276-1 of the Criminal Law.
Article 9 If a unit refuses to pay labor remuneration, which constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be convicted and punished in accordance with the standards for conviction and sentencing of individual crimes stipulated in this Interpretation, and the unit shall also be fined.
Extended data
key component
1, elements of criminal subject
The subject of this crime is the general subject, that is, enterprises and natural persons.
2. Subjective aspects of crime
Subjectively, this crime is intentional, including direct intention and indirect intention. That is, subjectively knowing that this kind of inaction of "not paying laborers' labor remuneration" will produce social harmful consequences that laborers can't actually get labor remuneration in time, but hoping or letting this consequence happen. Several situations that should be regarded as intentional:
(1) Those who explicitly refuse to act, that is, those who explicitly refuse to pay laborers' labor remuneration, should naturally be considered as intentional. Including arrears without justifiable reasons, whether for the purpose of illegal possession or not.
(2) Although it is said that it should be paid, if the act is actively implemented to make excuses for not paying, it shall be deemed as intentional. Transferring property without justifiable reasons, resulting in the illusion of inability to pay; The main person in charge of the employer or the staff who instigated the payment of labor remuneration fled, resulting in a false image of inability to pay; Or illegally deduct wages and fines.
3. Elements of the criminal object
The object of this crime: it is a dual object, which not only infringes on the property rights of workers, but also hinders the normal labor employment relationship and violates the socialist market economic order.
4. Objective aspects of crime
The objective aspect of this crime is that there are both harmful behaviors and harmful results, and there is a causal relationship between them in criminal law.
(1) evading payment of labor remuneration by transferring property or hiding. Or can pay without paying the laborer's labor remuneration. In any of the following circumstances, it shall be determined:
The behavior of transferring property, hiding and other methods to avoid paying laborers' labor remuneration was implemented.
Having the ability to pay but not paying laborers' labor remuneration. That is to say, the bank deposit of the enterprise is enough to pay the labor remuneration of the laborer, but it does not act, which leads to the laborer not getting the labor remuneration according to the contract or the legal time limit. If the monthly salary system is implemented, if the salary is not paid for more than 20 days, it constitutes "no payment".
(2) the amount is large. The law does not stipulate the absolute value range of ingredients. We should refer to the standard of the crime of duty embezzlement, that is, evading or not paying the labor remuneration of workers is more than 5,000 yuan but less than 10,000 yuan, which constitutes a "large amount" and should be prosecuted.
(3) Failing to pay after being ordered to do so by the relevant government departments.
Baidu Encyclopedia-Crime of refusing to pay labor remuneration
Baidu Encyclopedia —— The Application of the Supreme People's Court in the Trial of Criminal Cases of Refusing to Pay Labor Remuneration