Boss refus does not give a worker the money, what kind of serious consequence can you have? The reporter understands, if boss ill will defaults salary, what can be faced with workers not only is civil sue and punish about sectional administration, the clue is serious person offend likely still criminal law. Recently, labor contractor Chen Mou is faced south because of defaulting the salary of workers court with " refus does not pay work reward the blame " sentence a year of set term of imprisonment. Current, this case report already was announced on the net.
Thought fors the time being: The worker is complained everywhere borrow travelling expenses to return country
On March 22, 2017, 50 workers work to area of Beijing rising sun censorial group undertakes complaining. Resource of manpower of area of Beijing rising sun and social security bureau contacted labor contractor Chen Mou with the form such as short message, phone on March 31, 2017, ask he cooperates to investigate and show a case. But Chen Mou does not deserve to close, still do not pick up the telephone. Via resource of sunny area manpower and investigation of social security bureau, company of engineering of Changzhou city some construction will been versed in in January 2017 the service fee of people paid Chen Mou.
In May 2017, resource of sunny area manpower and social security bureau are written inform Chen Mou, ask he will correct illegal action before on May 12 in of the same age, pay labour the salary of people, ask he will pay a proof to reach correct a report to undertake declaring sending with written form. This deadline corrects advice note to be gotten on by the mobile phone that sends Chen Mou with short message form. But, amend term already exceed the time limit, chen Mou still did not appear, also do not have any activity.
Because Chen Mou lost connection, the workers of the salary that be defaulted live be immersed in tired out. During labor department is investigated, they keep to Changzhou company of some construction engineering wants wage. Workers say with the company, "We come out more than 20 days, the money that takes on the body consumed, lend a feature with the company travelling expenses comes home. " the company is forced travelling expenses of worker of pay for sb and expect to be repaid later of again and again, every worker 500 yuan, in order to ensures the life during be versed in people thinking fors the time being.
Be captured: After the labor contractor is caught, say " poor money "
December 2017, chen Mou saves Changzhou city to be captured in Jiangsu, be answered by send under escort Beijing. Chen Mou is offerred to case hind narrate, some builds Changzhou engineering company really to its settle accounts worker service fee. But his project cost is more than a budget, the cash that the company pays sends salary not quite, have back pay action so. "Money is done not have in my hand, want money with ranking company, the other side also does not receive my telephone call, do not have method to give the telephone call really put out. Do not have method to give the telephone call really put out..
To Chen Mou " the money of the company did not give enough " this one view, limited company of engineering of Changzhou city some construction expresses, they once paid Chen Mou each fee in January 2017 add up to 3 million yuan, more than yuan 1.05 million when include case hair building site among them, these money are enough pay a worker salary. And Chen Mou is not right at that time capital number demur. Arrive all the time 2017 after year, the worker wants wage to the company, they just understand Chen Mou to do not have a worker pay settle. At this moment, the money that Chen Mou just says to the company gives sends worker pay not quite. "Chen Mou said to have a deficit all the time, salary is sent not quite. But he also is not offerred give any items of an account and evidence. Our company thinks to did not produce premium. " construction company treasurer expresses to police.
Front courtyard careful: The labor contractor admits his guilt obtain punishment one year
When this case is sessional, chen Mou expresses to admit one's guilt on the court, but firm say oneself are done not have prodigal drop worker pay. "On my hand a few projects, the worker also is tone comes to those who go move. Some workers also work in other building site, but salary calculates was in on the project of this building site. A few reasons that go up as a result of building site additionally, caused a project some more multi-purpose labour, the money that brings about this company to give is insufficient. " Chen Mou says, he did not stay when having a project multi-purpose the proof of labour, think to after waiting for a project to end, can be mixed the leader of ranking company " talk " come down, but did not think of not to talk things over to give a result all the time with the other side. After case hair, chen Mou's relative is acting money of its pay pay compensation for what one has unlawfully taken more than yuan 460 thousand.
Sunny court thinks, chen Mou escapes with abscond means pay reward of 50 workers work to add up to RMB more than yuan 480 thousand, number is larger. Classics government is instructed about the branch still do not pay, its behavior enroach on the legitimate rights and interests of laborer, destroyed order of socialist market economy, have certain society to endanger a gender. Its behavior already formed refus not to pay work reward the blame, should grant to penalize. In view of the accused the person can commit crime for stating place according to the facts, pay money of major pay compensation for what one has unlawfully taken, the court gives to its light punishment. Adjudicate Chen Mou makes refus do not pay work reward the blame, sentence a set term of imprisonment one year, fine RMB 10 thousand yuan.
Civil / reporter Li Jing
