Article 276th of the criminal law

"PRC Criminal Law Amendment (eight)" by the nineteenth meeting of the Standing Committee of the people's Republic of the Eleventh National People's Congress on February 25, 2011, is hereby promulgated, shall enter into force as of May 1, 2011.

Paraphrase the title: The people's Republic of China criminal law amendment (eight) Shi Yi

The content of the law:
Forty-one, in article 276th of the criminal law. After adding a, as one of 276th ": to transfer property, escape to avoid paying the remuneration of workers or the ability to pay and no pay labor remuneration, labor amount is larger, the relevant departments of the government shall pay still do not pay, and three years in prison or criminal detention, or be fined; if the consequences are serious, department for more than three years of less than seven years imprisonment, fined.
"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
"The acts mentioned in the preceding two paragraphs, if serious consequences have not yet resulted, pay the remuneration of workers in the public prosecution, and bear corresponding liability for compensation according to law, can be reduced or exempted from punishment."

Interpretation of the content:
[paraphrase] this is new about the crime of refusing to pay the remuneration and penalty provisions.

In recent years, some local employers to pay workers wages in arrears or not conspicuous, a large number of workers wage arrears, a serious violation of the legitimate rights and interests of workers, some even lead to mass incidents and many social contradictions, become the important problems of social stability. In the legislative process survey to understand, since 2008, arrears or not to pay the labor remuneration in some places the rise in cases, the total wage arrears cases 5% ~ 10%. According to the survey, default or non payment of labor compensation case has the following characteristics: (1) multiple in the construction, manufacturing, accommodation and catering industry and other labor-intensive individuals or small and medium enterprises. (2) are owed wages is the main target of migrant workers, belonging to vulnerable groups. (3) default or not to pay the labor remuneration or on videotape case is complex, the difficulty in handling, if handled improperly, easily lead to mass incidents, affecting the local stability. The treatment of these cases mainly through the following ways: one is resolved through consultation with the employer; two is composed of a labor dispute mediation mechanism; three is composed of a labor dispute arbitration institution for arbitration; four is to bring a lawsuit to the people's court. The above four approaches may solve some problems, but the overall look, not completely contain this kind of illegal behavior. In recent years, governments at all levels through special activities, to carry out the liquidation of arrears of wages of work, although received a certain effect, but still not fundamentally solve the problem. Some local governments use fiscal funds or other funds in advance are owed wages, it is difficult to recover, the formation of "enterprise escaping salary, malignant situation the government", have very big negative effect and demonstration effect. At the same time, the labor administrative departments of the enforcement in wage dispute restrictions, lack of means, is not enough, resulting in wage work formed in mid Qing Dynasty, mid owe situation. In addition to the government using administrative means to deal with this kind of case, in individual cases, in some places to the provisions of the criminal law of the crime of contract fraud, fraud, embezzlement, the crime of illegal fund-raising or tax related crimes shall be investigated for criminal legal basis, but the lack of. In view of the above, in recent years, the National People's Congress repeatedly put forward motion, proposal, the requirements of some serious damage to the interests of the broad masses of behavior, increase the intensity of punishment. Solicit the views of all sectors of society, in order to strengthen the protection of people's livelihood, promoting social harmony, "criminal law amendment (eight)" some serious harm to the society, the masses reflect the strong, the original by the illegal administrative or civil means adjustment, crime, escape pay or not to pay the labor remuneration of crime is one of one of the.

The "criminal law amendment (eight)" to increase the escape pay or not to pay the labor remuneration of crime, there are different understandings in the research process: a kind of viewpoint thinks, increase the crime is necessary. The reasons are: (1) this kind of behavior has serious social harm, serious violations of the legitimate rights and interests of workers, often lead to group events, very bad social influence. (2) the behavior is illegal acts of serious violations of laws and regulations, and repeated, administrative means is single, lack of rigidity, difficult to solve, criminal penalties, will play a deterrent role. (3) be given criminal punishment is concerned about the livelihood of the people, embodies the protection of people's livelihood, conducive to social harmony. Another view, default or not to pay the labor remuneration of the situation is more complex, if it is stipulated as crime, limits of criminal and civil cases difficult to draw, that there would be too broad of a combat situation, or by civil law to regulate this kind of behavior, the administrative, civil law means exhausted, use.

Some suggestions to this kind of case for a case of private prosecution, tell just processing only in workers under the threat of violence they cannot tell the case, can only be prosecuted. Most of view, the object of this kind of cases often involved not one but many stakeholders, the nature of the crime, or in the best public power to provide security better. If set to a case of private prosecution, one of them to the courts, while others did not sue, this will in proceedings not operation, will eventually lead to the case cannot be processed.

The legislature after thorough investigation and study, based on the demonstration, integrated views of all sides, added in the criminal law of the strip, as one of 276th "criminal law".

"Criminal law" a total of 276th points 3.

The first section is about to transfer property, escape, escape payment or the ability to pay and not pay the stipulated crime the remuneration of workers and the criminal punishment.

The provisions of this paragraph of escape to pay or not pay worker crime is an intentional crime, the subject is the natural person. Intentionally subjective must evade payment or the ability to pay rather than pay the remuneration of workers. The object infringed the double objects, is a violation of workers the right to receive remuneration, and disrupt the market economic order. The objective aspect, the perpetrators have to transfer property or escape and other means, to avoid paying the remuneration of workers or even though no transfer of property and escape behavior, but with the ability to pay and deliberately do not pay the remuneration of workers behavior.

This paragraph of the "transfer of property", is refers to the behavior person to escape on the operating income is transferred to his office, so that the administrative organs, judicial organs or on the person cannot find. "Escape", is refers to the behavior person to escape to pay labor remuneration or to avoid administrative organs or judicial organs investigated and escape from local or hiding. "Remuneration", refers to the employee in accordance with the "labor law of the people's Republic of China" and "the people's Republic of China Labor Contract Law", the labor remuneration of its own, its scope is not limited to wages. "Ability to pay", refers to the investigation has proved enterprises or units are available for payment of workers' compensation funds or property. "The relevant departments of the government shall pay still do not pay", here the "authorities", generally refers to the labor administrative department of the local government, the Ministry of labor and social security. "Labor law" of the people's Republic of China and the labor administrative departments clear responsibilities in the labor work status. The labor administration department director of the State Council of labor work throughout the country, the labor administrative departments of local people's governments at or above the county level shall work within their respective administrative areas. Here the "shall pay still do not pay", refers to the labor administrative department of the government shall be ordered to pay (a) still did not pay the. According to the "labor law" provisions of article ninety-first, employer violates the provisions of the labor law, the labor administration department shall order it to pay the government. That the employer has the deduction or no workers owed wages; refusal to pay remuneration for extending the working time; to pay workers wages below the local minimum wage standard; dissolution of the labor contract, infringes upon the legal rights and interests of workers of non economic compensation to the laborer in accordance with the stipulations of the labor law, the labor administration department shall order the payment of wages, economy compensation of workers, and payment of compensation. According to the provisions of this paragraph, "large amount and the relevant government departments shall pay still do not pay" is the essential condition to constitute the crime of......