Whoever is unable to pay wages and fails to pay labor remuneration when he is able to do so constitutes the crime of malicious wage arrears and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. . Relevant laws and regulations are as follows
"Amendment to the Criminal Law of the People's Republic of China (VIII)"
Article 41
Avoiding payment by transferring property, concealing, etc. If a worker fails to pay a worker's labor remuneration, or has the ability to pay it, if the amount is relatively large and fails to pay after being ordered to pay by a government department, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Those who cause serious consequences 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 of wage arrears, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Extended information:
Criteria for filing a case:
Whoever commits the following acts of maliciously arrears of wages shall be filed for investigation and punishment:
1. Avoiding paying labor remuneration by transferring property, escaping, etc. or failing to pay labor remuneration when the person is able to do so;
2. The amount is relatively large;
3. Failure to pay despite being ordered to do so by relevant government departments.
If any of the following circumstances occurs, it shall be deemed as a "relative amount" as stipulated in the first paragraph of Article 276-1 of the Criminal Law:
1. Refusal to pay Labor remuneration for workers. Refusal to pay labor remuneration for more than three months, and the amount is between 5,000 and 20,000 yuan;
2. Refusal to pay labor remuneration for more than three months, and the amount is between 5,000 yuan 3. Refusal to pay workers remuneration for more than three months, and the amount is between 5,000 and 20,000 yuan. Refusing to pay labor remuneration to more than ten workers, with the amount ranging from 5,000 to 20,000 yuan;
2. Refusing to pay labor remuneration to more than 10 workers, with the total amount ranging from 30,000 to 10 More than 10,000 yuan.
Baidu Encyclopedia--Crime of Malicious Wage Arrears