What is the standard for filing malicious unpaid wages?

There is no crime of maliciously asking for wages in law, only the crime of maliciously paying wages.

The crime of malicious arrears of wages refers to the behavior that the employer evades paying laborers' labor remuneration by transferring or hiding, or fails to pay laborers' labor remuneration with the ability to pay, with a large amount. Malicious arrears of wages in any of the following acts shall be investigated and dealt with:

1, evading payment of labor remuneration by transferring property or hiding. , or can pay without paying labor remuneration; In other words, the parties basically have the ability to pay labor remuneration but refuse to pay for various reasons;

2. Large quantity; Anything involving an amount of 5000 to 10000 can be considered as a large sum;

3. Failing to pay after being ordered to do so by relevant government departments, that is, failing to pay after being intervened by government agencies.

legal ground

Criminal law of the people's Republic of China

Article 276-1 Whoever evades payment of laborers' remuneration by transferring property or escaping. Or refuses to pay the laborer's labor remuneration after being ordered by the relevant government departments, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

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.

Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.

People's Republic of China (PRC) labor contract law

Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay laborers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.