The boss of a printing company in Fuzhou ran away,

2022-10-13
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Recently, the business condition of a printing company in Fuzhou deteriorated. The boss owed a huge amount of debt and ran away. The wages owed by 40 workers were not found. Creditors intend to auction off the company's equipment through judicial procedures to repay part of the debt. The workers are worried that if the company pays off its foreign debts, they may not be able to repay the wages owed. Lawyers and volunteers from the Fuzhou Federation of trade unions intervened in time to help the workers win the lawsuit and give priority to the auction money to pay their wages owed

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Lao Qin, a worker involved in the salary litigation, introduced to the relevant staff of Fuzhou Federation of trade unions that in recent years, the business situation of the printing company where he works is not very good. The boss often pays only a small part of his salary and gives them a debit note for the rest

Lao Qin said that in the face of long-term salary arrears, he and many workers chose to forbear

lawyers and volunteers from the Fuzhou Federation of trade unions intervened in time to help Lao Qin and his colleagues file a lawsuit to the people's Court of Jin'an District. According to the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of labor dispute cases, the cases of Lao Qin and others can be directly prosecuted to the people's court. In the end, before the equipment auction was successful, the case of Lao Qin and others entered the execution procedure. The equipment auction proceeds of 1million yuan, which was given priority to compensate for arrears of wages. A few days ago, the salary of 552703.50 yuan owed by Lao Qin and his family has been paid back in full by the people's Court of Jin'an District

highlights of the case:

the labor law, the labor contract law, and the regulations on labor security supervision clearly stipulate that employers should pay workers in full and on time and the laws they should bear

Article 41 of the amendment to the criminal law (VIII) stipulates that malicious wage arrears will be officially criminalized: an article is added after article 276 of the criminal law as one of article 276: those provinces with the heaviest task of reducing production capacity often rely heavily on coal and development, transfer property, escape and hide, etc. to avoid paying labor remuneration to workers, or are able to pay but do not pay labor remuneration to workers, which is a large amount, Those who fail to pay after being ordered by the relevant government departments shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the residue after decomposition still endangers the environment, causing serious consequences, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph. If the acts mentioned in the preceding two paragraphs have not caused serious consequences, and the labor remuneration of the worker is paid before the public prosecution is initiated, and the corresponding compensation is borne according to law, the punishment may be reduced or exempted

the supplementary provisions on the determination of charges in the implementation of the criminal law of the people's Republic of China (V) issued by the high people's court and the high people's Procuratorate identified it as the crime of refusing to pay labor remuneration

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