Bear build alone villatic project, settle accounts project money defaults peasant worker pay however more than yuan 30, via labor deadline of censorial branch make known to lower levels rectifies and reform an instruction to still do not pay. Recently, some is suspected of the Wang Mou that criminal of court of people of Hunan male city tries to the first front courtyard made public open a court session to try to sue of procuratorate of people of Hunan male city refus does not pay work reward blame one record.
Public prosecution mechanism sues accusation, king of the accused person is such-and-such in November 2015 Cong Chuxiong Rome is manorial 3 period construction company office contracted villatic construction project, king is subsequently such-and-such this project again the team and group that subcontract gives Tang Mou, Chen Mou, Mi Mou to be a labor contractor, organize worker construction entering the arena. In project construction process, because some did not pay Wang Mou money of project of each team and group entirely, bring about the salary that farmer of each team and group is versed in to be defaulted.
On August 8, 2016, classics construction company is entrusted, cost company had close an account to the project, 80% what some project that finish measures Wang Mou, total cost is 1.194 million yuan, construction company already allocated funds 1.15 million give Wang Mou some. Some settle accounts goes to Wang Mou after project money, pay money of project of construction team and group 540 thousand yuan only, take out 250 thousand yuan to be used at remanding from inside money of the others project usurious with external debt, take out 50 thousand yuan to be used at borrowing other to use.
The worker worker of many 50 peasant that works to did not take labor pay however alls alone firewood is not had if really, to labor censorial branch is complained. Resource of labor power of Jing Chuxiong city and labor of social security bureau are censorial sectional investigation is checked, king is such-and-such defaulted place bear the 4 construction team and group that establishs engineering construction pay of 58 peasants worker totals more than yuan 30. Resource of labor power of Hunan male city and social security bureau take buy service on project building site and paste " refus does not pay work reward deadline to rectify and reform instruction book " , written instruct Wang Mou some peasant worker worker that within 5 days full specified amount pays its place to default works pay. Some exceed the time limit still did not fulfill Wang Mou. Hind public security mechanism with Wang Mou some is suspected of refus paying work reward blame put on record investigate, king is such-and-such the error that just realizes oneself, settle the peasant worker pay that default.
On June 5, investigation of careful of judicial classics front courtyard, quote pledges card, court argues, found out case fact.
The court announces to rest front courtyard, the case adjudges choose an auspicious day.
Judge view
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.
According to " criminal law of People's Republic of China " the 276th one of: 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 gold of only perhaps punishment; Cause serious consequence, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Of blame of the money before the unit makes, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, the regulation of the money before according to is punished.
Before having two behavior, have not cause serious consequence, the labor of laborer pays reward before to sue, assume corresponding liability to pay compensation lawfully, can be reduced or absolve punishment.
Contribute: Liu Jiansong
Go over a manuscript or draft: Lin Hong
Small letter makes: Politics engineering course
Feel law power in all sunshine of judicatory of wash one's hair
