Employers who fail to pay workers' wages may face charges for refusing to pay labor remuneration if they evade responsibility by transferring assets or fleeing. If, after government orders to pay, they still refuse, they may be prosecuted. Failure to appear as required by administrative authorities or to timely settle wage arrears may lead to charges of "evading" and penalties of up to three years' imprisonment or detention.
Case Overview:
Defendant Qu Moujiao operated a handcrafted glass workshop in Jiangmen, Guangdong Province, employing 15 workers. Between April and December 2017, due to unforeseen circumstances, Qu failed to fully pay wages, owing a total of ¥91,309. After workers reported to the local human resources bureau, Qu was ordered to pay within a specified time, but she failed to do so and subsequently disappeared. Police arrested Qu in November 2018, during which she fully compensated the workers.
Court Trial:
During trial, the Penglai District People's Procuratorate argued that Qu, by evading payment through disappearance, violated Article 276.1 of the Criminal Law, having been ordered by relevant authorities to pay but persistently failing to do so. Qu argued that her change in contact details was due to an expired ID and lost phone, not malicious intent to evade. Her defense emphasized full payment before trial and worker forgiveness, mitigating severe consequences.
The court found Qu guilty of refusing to pay labor remuneration, sentencing her to six months' imprisonment, suspended for one year, and fined ¥20,000.
Legal Analysis:
Refusing to pay labor remuneration incurs civil, administrative, and criminal liabilities. The Criminal Law Amendment (VIII) introduced the crime to protect workers' rights, applicable to legal entities or individuals failing to pay despite the ability to do so. Evading payment obligations after administrative orders constitutes a crime.
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