1. There is no amount required to file a labor dispute case.
2. Unexplained arrears of wages: refers to the behavior that the employer fails to pay the wages of employees beyond the time limit stipulated in the Regulations on Wage Payment without legal or even unreasonable reasons. It is illegal to default on wages. If both parties have a contract, the breaching party can take the other party to court, but it should be noted that legal measures must be taken to safeguard their legitimate rights and interests. No kidnapping or threats.
3. Evading the payment of laborers' labor remuneration by transferring property or escaping. , or have the ability to pay but not pay the labor remuneration, the amount is relatively large, 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.
4. Criteria for filing the crime of refusing to pay labor remuneration
(1) refusing to pay the remuneration to the laborer for more than three months and the amount is between 5,000 yuan and 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.
5. Legal basis:
One of Article 276 of the Criminal Law
The crime of refusing to pay labor remuneration evades payment of labor remuneration by means of transferring property, escaping, etc., or fails to pay labor remuneration in a large amount, and still fails to pay after being ordered by the relevant government departments to make corrections, it 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.
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.
Two, the identification of unpaid wages without reason
1. The Supplementary Provisions of the Ministry of Labor on Issues Related to the Interim Provisions on Wage Payment excludes "without reason": "unpaid wages without reason" refers to the behavior that the employer fails to pay the wages of the workers beyond the stipulated payment time without justifiable reasons.
2. Does not include: the employer is unable to pay wages on time due to natural disasters, wars and other irresistible reasons; Because of the difficulties in production and operation and the impact on capital turnover, the employing unit may temporarily default on the wages of the workers after obtaining the consent of the trade union of the unit. The longest extension period can be determined by the administrative departments of labor security of all provinces, autonomous regions and municipalities directly under the Central Government according to local conditions. In other cases, wage arrears are unreasonable. "
Third, how much wages are owed should be investigated for criminal responsibility.
There are definitions of "large amount" and "causing serious consequences" in the Criminal Law Amendment (VIII), so how to grasp the discretion in practice? The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Refusing to Pay Labor Remuneration gives the answer.
Article 3 of the judicial interpretation makes it clear that if there are two situations, it should be considered as "a large amount" and the relevant actors can be investigated for criminal responsibility:
(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. Due to the different economic development and people's living standards in different places, the judicial interpretation also stipulates that 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, study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court for the record.
Article 5 of the judicial interpretation further clarifies what is "causing serious consequences" on the basis of Article 3:
(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.
Here, it should also be noted that the business owners are not only convicted, but also solved as a whole. After the unpaid workers are investigated for criminal responsibility, they can still take civil or administrative measures to recover their wages, and they cannot offset their wages with sentences.
Fourth, wage arrears can be discussed in this way.
When the boss is in arrears with workers' wages, many people often take some drastic measures because of their lack of legal knowledge, which leads to a series of violent conflicts between labor and capital. This will not only prevent the workers from getting their hard-earned money, but also put them in a passive situation. It is of positive significance to punish malicious unpaid wages. The occurrence of malicious arrears of wages is often accompanied by the behavior of those who owe wages to hide their property or deliberately refuse to pay it, so it is unrealistic for administrative organs and workers who have no investigation power to give evidence themselves. After the malicious unpaid wages are imprisoned, the responsibility of obtaining evidence falls on the public security department with investigation power. Then, for workers, besides this way of public prosecution, what other legal ways can solve the difficulty of asking for wages? The lawyer gave his own advice:
First, through consultation between trade unions and employers;
Second, you can complain to the labor security supervision department, and the labor security supervision department will order the employer to solve it;
Third, disputes can be submitted to the Labor Arbitration Commission for arbitration or mediation. Fourth, you can bring a lawsuit to the people's court;
The fifth is to turn to the power of society and media.
Migrant workers should apply for labor arbitration or litigation, and submit all relevant evidence of labor relations with employers. These evidences include: labor contract, work permit (work permit, factory label, pass, etc.). ), proof of income, such as salary slips, proof of work, such as attendance sheets or attendance sheets, dispatching orders, etc. , can prove the labor relationship with the employer, income, working hours and other relevant evidence. Therefore, staff must pay attention to fixing and preserving relevant evidence in peacetime.
Farmers used to owe the most wages. Many companies just bully farmers with limited academic qualifications, and they don't know how to legally ask for wages. Farmers have suffered a lot. But now that the labor law has money, you can bring a lawsuit to the court for arrears of wages. For more legal knowledge, please go to the website for professional consultation.