Legal punishment for wage arrears of migrant workers.

Legal punishment for wage arrears of migrant workers.

Legal analysis:

Under normal circumstances, the wage arrears of migrant workers are labor disputes, and they may have to bear corresponding administrative penalties and compensation responsibilities. The labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation. However, if there are behaviors such as transferring property or hiding to avoid paying labor remuneration, or if there is the ability to pay without paying labor remuneration, and the amount is large, it violates the crime of refusing to pay labor remuneration stipulated in the criminal law. At this time, it is necessary to convict and sentence according to the circumstances of the crime.

Legal basis:

According to Article 91 of the Labor Law of People's Republic of China (PRC), if an employer infringes upon the legitimate rights and interests of workers in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation:

(1) Deducting or delaying the wages of workers without reason;

(2) Refusing to pay overtime wages to laborers;

(3) Paying workers' wages below the local minimum wage standard;

(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.

According to Article 30 of the Labor Contract Law of People's Republic of China (PRC), individual units shall pay laborers' labor remuneration in full and on time in accordance with labor contracts and state regulations.

If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.

According to Article 85 of the Labor Contract Law of People's Republic of China (PRC), if the employing unit is under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay laborers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.

According to Article 276th of the Criminal Law of People's Republic of China (PRC), he evades payment of labor remuneration by transferring property or hiding. Or has the ability to pay but fails to pay labor remuneration, 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.