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.
Therefore, according to the specific case analysis, if this crime is constituted, the following conditions generally need to be met:
(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:
1) has carried out the behavior of transferring property and hiding to avoid paying laborers' labor remuneration.
2) 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.