On April 3 morning, imprint at the same time have " the brave that shows people bodyguard, divide construction industry insect that eats books " silk banner was sent Xi'an town work to guarantee group of Ba of censorial detachment . Those who send silk banner is road of mine of area of Ba zoology unit of one project construction, total package unit and business of service cent bag are relevant chief, thanks again and again.
The matter still must speak of from last year, on Feburary 12, 2018, complain the 17 people such as person Chen Shouping to guarantee group of Ba of censorial detachment , ceng Mou of reflective project contractor carries a paragraph to escape bring about its to cannot take salary. Receive after complaining, Ba labor is censorial height of a large body of takes seriously, include wage of worker worker of peasant of pay for sb and expect to be repaid later of start off before the others of unit, service unit harmonious construction unit, always on one hand, the investigation that launchs pair of project contractor Ceng Mou to be suspected of refus paying work reward blame the case on the other hand obtains evidence the job.
Classics investigation, project contractor Ceng Mou wraps enterprise Shaanxi from cent of this project service in civilian cast industrial limited company to contract to do a job project of individual carpentry pattern plate, in construction process, ceng Mou receives Shaanxi in civilian after throwing the money of 430 thousand yuan of project that industrial limited company pays, pay a farmer not in time labour salary, however abscond hides to the other place, bring about 36 peasants worker worker not to take the money earned by hard toil that earns one year to hardship, come home without money.
On May 28, 2018, Ba labor is censorial the group moves this case send Ba of public security substation, substation of Ba of public security labels Ceng Mou lawfully personnel is at large on the net, continue to begin cloth to accuse to chase after at the same time escape reach begin to its family member persuade to send the work. On January 2, 2019, ceng Mou is seized by police in justice black, at present this case is being dealt with further in.
Your rights and interests, I will protect
All the time since, for cogent safeguard peasant worker worker to close right increase, blow of Ba severity is defaulted, refus does not pay the enroach on farmer such as peasant worker pay worker worker the behavior of legitimate rights and interests, according to " discover one case, investigate one case " principle, strengthen the connection with public security mechanism, form blow resultant force, maintain blow refus not to pay work reward high-pressured state of crime.
Since 2018, accumulative total moves to public security mechanism send be suspected of refus paying work reward blame the case 12 cases, place is recovered to default salary for laborer after put on record of public security mechanism more than yuan 100. Among them, criminal detains 7 people, administration warns 1 person.
Treat worker worker of enroach on peasant to join the action of right beneficial
Ba is 0 patient!
I asks do-nothing call.
Mr Ba gives everybody popular science here below
Refus does not pay labor reward can be criminality
It is to be able to offend of criminal law!
So
What is refus does not pay work reward the blame
What behavior can offend law?
Mr Ba is you fine fine tell come
Refus does not pay work reward the blame
It is to show the work reward that pays worker with transferring the method such as belongings, abscond to escape is capable perhaps to pay and the work reward that does not pay worker, number is larger, classics government orders the conduct that still does not pay about the branch.
Top people court " do not pay case of work reward criminal applicable law about trying refus the explanation of a certain number of problems " the 2nd regulation: The work reward that pays worker in order to escape is a purpose, have one of following state, ought to maintain for criminal law of one of the 276th the first section provision " escape the work reward that pays worker in order to change the method such as belongings, abscond " :
(One) hide belongings, baleful pay off, fiction debt, false go bankrupt, close down phonily or transfer with other method, the; of punish belongings
(2) the; of desert, conceal
(3) hide, destroy by melting or burning perhaps distorts the; that register of items of an account, worker, salary pays record of record, check on work attendance to wait for the material related to work reward
(4) escape those who pay labor reward with other method.
The 3rd sets: Have one of following state, ought to maintain for criminal law of one of the 276th the first section provision " number is larger " :
(One) the work reward that refus does not pay a laborer 3 months above and number comes in 5000 yuan the; of 20 thousand yuan of above
(2) the work reward that refus does not pay 10 above worker and amount accumulative total comes in 30 thousand yuan of 100 thousand yuan of above.
" criminal law " one of the 276th regulations: The work reward that pays worker with transferring the method such as belongings, abscond to escape is capable perhaps to pay and the work reward that does not pay worker, number is larger, classics government instructs those who still do not pay about the branch, be in 3 years of the following set term of imprisonments or arrest battle, be in; of gold of only perhaps punishment to cause serious consequence, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
According to print and distribute of person company department " default peasant worker pay " blacklist " run temporary measure " regulation, if unit of choose and employ persons exists " embezzle part of what should be issued, without reason defaults peasant worker pay, amount achieves cognizance refus not to pay work reward blame number level " , will be brought into to default salary " blacklist " .
National development is reformed appoint, ministry of social security of resource of people bank, manpower, central organization ministry, central civilization does, central net letter does, ministry of natural resources of top people court, industry and informatization ministry, Ministry of finance, land, housing is urban and rural Department of Transportation of construction ministry, traffic, , in the light of default a farmer badly to be versed in unit of salary choose and employ persons reachs his to begin associated punish sb to teach him a lesson about personnel.
Associated chasten measure has 30:
(One) through " credit China " information of credit of website, state enterprise is public show system and main news website to wait to be announced to the society.
(2) superintend an object as the key, increase labor to ensure censorial examination frequency second.
(3) suspend examining and approve its new major project to declare lawfully, the nucleus is decreased, stop appropriate or call in governmental subsidy fund.
(4) restrict lawfully participate in project project action to bid activity.
(5) limitation is obtained or stop its lawfully infrastructure and public utility are concessionary manage.
(6) lawfully limitation, time-out or cancel capital of policy sex capital, governmental subsidy sex and support of social security capital.
(7) prohibit lawfully inside proper time its participate in a government to purchase an activity as the supplier.
(8) restrict lawfully obtain a government to supply land.
(9) will break the law break one's promise information regards company of examine and verify as credit kind the important reference of bond.
(10) will break the law break one's promise information issues examine and verify and the important reference that make over a system to make over examine and verify publicly in share of countrywide medium and small businesses as the stock.
(11) will break the law break one's promise information regards stockjobber, insurance company, fund management as company and futures firm establish reach equity or put on record, person of management of fund of illicit collect investment is registered, the important reference when major item change and fund put on record.
(12) will break the law break one's promise the reference that thing of the trustee that information regards stockjobber, fund management as company, futures firm, inspect and senior administrator and branch chief hold a post to examine and approve or put on record.
(13) will break the law break one's promise the reference when information sells an orgnaization to examine and approve as independent fund.
(14) will break the law break one's promise information appears on the market as churchyard the important reference that the company executes equity drive to plan or relevant personnel makes the after the event in thing of equity drive object superintend.
(15) will break the law break one's promise information brings into database of base of financial credit information, give financing of letter, credit, management and the important reference that exit as grade.
(16) be labelled what default unit of choose and employ persons of peasant worker pay badly to appear on the market enterprise, ought to concern a provision according to legal laws and regulations, fulfill information to disclose obligation.
(Seventeen) in appear on the market company or blame appear on the market the after the event in the issue that public company buys is superintended in, break the law badly to having break one's promise the unit of behavior gives the key pays close attention to.
(18) will break the law break one's promise information examines and approve reference as exchange control administration.
(19) limitation becomes custom attestation company, apply for custom attestation business management, do not grant to be opposite through attestation; had become attestation company, reduce company credit rank according to the regulation.
(20) conduction custom is relevant when business, to its goods of imports and exports carries out rigor to superintend, strengthen only evidence examine and verify, cloth to accuse to check, improvement trade assures collect or follow-up check.
(21) restrict its to obtain; of attestation orgnaization aptitude to restrict its to obtain attestation letter.
(22) will break the law break one's promise information is brought into examine credit of company of quarantine imports and exports runs a system, undertake to its credit grade is mixed lawfully supervise.
(23) affirmatory to paying law of salary become effective writ because of was not being fulfilled obligation is adopted to restrict consumptive measure lawfully according to concerned regulation by people court or bring into lawfully break his promise to be carried out of person list, limitation takes train of group of train of group of motor-car of head of word of soft sleeper of plane, train, G, other motor-car the consumptive behavior that the high spending etc such as first-class above seat is not the life and job to need.
(24) affirmatory to paying law of salary become effective writ because of was not being fulfilled obligation is adopted to restrict consumptive measure lawfully according to concerned regulation by people court or bring into lawfully break his promise to be carried out of person list, limitation is built, extend, high-grade decorate a building, buy be not the consumptive action that manages the blame life such as indispensible car and job to need.
(25) limitation enjoys the domain privilege policy such as investment.
(26) press a program seasonable cancel is relevant and honorary, cancel chasten object to attend judge review actor qualification first, must not award to chasten object " civilized unit " , " moral model " , " model worker " , " 51 labor are numismatic " wait for honor.
(27) limitative action is recorded (hire) for officeholder or institution staff member.
(28) relevant superintendency section strengthens day-to-day supervisory management, increase examination frequency second.
(29) wait for media to release like publication unit to sound of broadcast broadcasting station, TV station, the press break the law break one's promise advertisement of unit of choose and employ persons strengthens management lawfully.
(30) measure of other punish sb to teach him a lesson.
How, this falls was clear about
If still have doubt, greeting tiring-room leaves a message
Mr Ba is met solve doubt to answer for everybody for a short while be puzzled
Note: This article belongs to the commercial news that bright net publishs, article content does not represent this net point of view, offer reference only.
