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Original title: The Supreme Attorney helps migrant workers to seek wages: the supervision of the prosecution that evades payment can be denounced, but not presented
The organs of the prosecution demand that “willful wage arrears” be mercilessly sanctioned, and those who evade payment of workers’ compensation can report crimes to the police. On December 23, the Supreme People’s Prosecutor’s Office notified the organs of the prosecutor’s office to punish the crime of refusal to pay labor compensation in 2020 and released the typical cases.
The newspaper (www.thepaper.cn) noted that, hit by the epidemic this year, companies have faced difficulties in production and operation, and some workers have also encountered difficulties in their lives due to wage arrears. A journalist asked how the organs of the prosecution, when handling cases of refusing to pay labor remuneration, achieve the effect of protecting the rights and interests of migrant workers and accompanying the development of private companies.
Luo Qingdong, deputy director of the First Prosecutor’s Office of the Supreme People’s Prosecutor’s Office, said that in 2020, prosecutors across the country, on the one hand, will handle court cases, strengthen legal oversight, and mercilessly punish “maliciously owed wages” in accordance with the law, and protect the legitimate rights and interests of migrant workers. Raise the legal “protective umbrella” for migrant workers to recover workers’ compensation. On the other hand, focusing on case management, actively participating in comprehensive social governance, accompanying the production and operation of private companies, serving and ensuring the healthy development of the non-public economy. While we do a good job as “pay guard” for migrant workers, we strive to become a “business rescuer” for some private companies to find a way out.
Luo Qingdong pointed out that during the period of the new corona pneumonia epidemic, the production and operation of enterprises faced many difficulties. In handling cases, prosecutors strictly distinguished the nature of temporary wage arrears and intentional wage arrears caused by objective reasons such as difficulties in capital turnover. The subjective intent, harmful consequences and illegal circumstances of those who owe wages will ensure that the case is accurately identified and properly handled.
El Diario (www.thepaper.cn) pointed out that, according to article 276 of the Criminal Law, the crime of refusal to pay labor remuneration is manifested in an objective behavior such as “evading the payment of workers by transfer of ownership, concealment or concealment). Labor compensation or labor compensation that has the ability to pay but does not pay the worker, the amount is relatively large, and the relevant government department orders the payment but does not pay yet. “
According to the relevant judicial interpretations, “evading the payment of labor compensation to workers by transfer of property, escape or hide” includes: (1) Concealing property, malicious repayment, fictitious debt, false bankruptcy, false bankruptcy or transfer or alienation owned by other means; (2) Escape or hide; (3) conceal, destroy or manipulate materials related to labor compensation, such as accounts, employee list, wage payment records, attendance records, etc .; (4) evade the payment of labor compensation by other methods.
“If a company owes workers compensation due to production and operating difficulties, it must pay attention to actively communicate and negotiate with workers, and cannot avoid paying workers compensation in the manner mentioned above; If the relevant government departments order payment, if it is still difficult to pay, you must fully inform the government department. Explain the objective situation, you cannot ignore it, run away, close or directly refuse to pay ”. Luo Qingdong said that business owners involved in crimes that have been filed should proactively plead guilty to judicial bodies and raise funds to pay back wages. If serious consequences occur, if the worker’s compensation is paid before the prosecution begins, the prosecutor’s office will make the decision not to prosecute or propose a lighter or reduced penalty depending on the circumstances of the case.
Luo Qingdong pointed out that in practice, if workers are in arrears, they can protect their rights in the following ways: First, they can report the situation and lodge a complaint with the administrative department of human resources and social security, and the administrative department of human resources and social security can issue a notice of rectification to the employer. , Order of payment of labor compensation within a time limit; You can also request labor arbitration directly to the labor dispute arbitration committee where the employment contract is made or where the company is located, and require the employer to pay back wages in accordance with the law; If there is an objection to the result of the arbitration, it may be within 15 days of receipt of the arbitration decision. File a claim in the people’s court; You can also submit a request to the prosecutor’s office to request that the people’s attorney support the prosecution; If the employer does not comply with the arbitration award, it can request the people’s court for mandatory execution due to evasion of payment, the corresponding department ordered the payment and still did not pay, suspected of having committed a crime If the case is not filed, the public security organ can report the case to the public security organ to request the filing of a criminal case; If the public security body refuses to file the case, it can request the supervision of the prosecution body.
