Where is the crime of malicious unpaid wages filed?

The Supreme People's Court, the Supreme People's Procuratorate, Ministry of Human Resources and Social Security, Ministry of Public Security

Supplementary Provisions of the Supreme Court and the Supreme Procuratorate on the Determination of Crimes by Criminal Law (V) The crime of malicious unpaid wages is changed into the crime of refusing to pay labor remuneration.

The crime of refusing to pay labor remuneration should be filed with the human resources and social security department, which will hand it over to the public security organ. 2065438+200465438+On February 23, 2004, the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Human Resources and Social Security and the Ministry of Public Security jointly issued the Notice on Strengthening the Connection of Investigating and Handling Criminal Cases Suspected of Refusing to Pay Labor Remuneration. The judicial procedure of the crime of unpaid wages has been standardized.

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Ministry of Human Resources and Social Security (hereinafter referred to as Ministry of Human Resources and Social Security) announced on the 6th that the four departments recently jointly issued the Notice on Strengthening the Connection of Investigating and Handling Criminal Cases of Suspected Refusal to Pay Labor Remuneration. This means that the crime of unpaid wages will be hit harder.

This notice was issued by the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Human Resources and Social Security and the Ministry of Public Security. Although the crime of refusing to pay labor remuneration has been incorporated into the criminal law, China has also introduced judicial interpretation. However, due to the need to transition from the administrative field to the criminal field, there are still some problems in the connection between administrative law enforcement and criminal justice in the field of labor security, and some provisions are unclear, which leads to some suspected criminal cases stopping at administrative treatment and unable to be effectively transferred to public security organs for investigation, which has affected the effectiveness of criminal law in cracking down on crimes to some extent.

To this end, the four departments jointly issued a notice. In order to solve the problem that the perpetrator can't obtain relevant evidence after escaping, the notice stipulates that if the perpetrator can't obtain evidence materials such as wage account books or the employer fails to provide relevant evidence materials such as wage payment within the specified time, the human and social departments should promptly investigate and ask the workers and make inquiry records. At the same time, actively collect relevant evidence that can prove the facts such as employment and unpaid wages, and determine the facts according to the relevant evidence such as the amount of wages provided by the workers.

As for the problem that the perpetrator "runs away instead of hiding" after defaulting on the laborer's labor remuneration, the Notice stipulates that Ministry of Human Resources and Social Security will inform him to go to the designated place to solve the problem within the specified time by writing, telephone and text message. However, if you do not cooperate with the designated place to solve the problem or explicitly refuse to pay labor remuneration within the specified time, it will be regarded as "evading the payment of labor remuneration to workers in a hidden way".

Baidu Encyclopedia-Crime of Malicious Wage Arrears

The Supreme People's Procuratorate-the Supreme People's Procuratorate and other four departments issued a notice to crack down on unpaid wages.