Joke Collection Website - Blessing messages - What should I do if I maliciously default on my salary?
What should I do if I maliciously default on my salary?
(1) concealing property, maliciously paying off debts, fictitious debts, false bankruptcy, false bankruptcy or transferring or disposing of property in other ways;
(2) running away or hiding;
(3) concealing, destroying or tampering with accounts, employee rosters, wage payment records, attendance records and other materials related to labor remuneration;
(4) evading payment of labor remuneration by other means.
3, with one of the following circumstances, "a large amount":
(1) refusing to pay the remuneration to the laborer for more than three months and the amount is between 5,000 yuan and 20,000 yuan;
(2) Refusing to pay remuneration to more than 10 workers, and the accumulated amount is between 30,000 yuan and 100,000 yuan.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic and social development of the region and within the scope of the amount specified in the preceding paragraph, study and determine the specific amount standards implemented in the region and report them to the Supreme People's Court for the record.
Where the human resources and social security department or other relevant government departments order the payment of labor remuneration within a time limit according to law, such as rectification order within a time limit, administrative decision, etc. , it will be "not paid after being ordered to pay by the relevant government departments", except that there is evidence to prove that the actor did not know that he was ordered to pay or did not pay the labor remuneration in time.
Refusing to pay the remuneration of more than ten workers and the accumulated amount is between 30,000 yuan and 100,000 yuan.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic and social development of the region and within the scope of the amount specified in the preceding paragraph, study and determine the specific amount standards implemented in the region and report them to the Supreme People's Court for the record.
Legal basis: Article 276- 1 of the Criminal Law stipulates:
1. evading payment of labor remuneration by means of transferring property or concealing. Or those who have the ability to pay but fail to pay the labor remuneration of the workers, and still 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 only be fined;
2. Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
3. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
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