Resolutely crack down on malicious wage arrears! Four departments: let migrant workers contribute without worrying about "wages"

From June this year165438+1October 15 to the Spring Festival in 2020, Ministry of Human Resources and Social Security, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security will organize nationwide campaigns to eradicate and severely punish wage arrears in winter. For the verified illegal acts, it is necessary to achieve "two zeros", that is, all the cases of unpaid wages that occurred before the end of this year 10 should be cleared up before the end of the year, and other new cases of unpaid wages should be cleared up dynamically in time before the Spring Festival in 2020.

65438130, the State Council Press Office held a press conference, and the responsible persons of Ministry of Human Resources and Social Security, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security introduced the work of cracking down on malicious wage arrears. Wang Cheng, deputy director of the Office of the Leading Group for the Eradication of Wage Arrears for Migrant Workers in the State Council, said that in view of the upcoming New Year's Day and Spring Festival, from this year 1 1.05 to the Spring Festival in 2020, nationwide campaigns will be organized to eradicate wage arrears in winter and severely punish malicious wage arrears.

The case of unpaid wages has achieved "two zeros"

"The tough action to solve the debt this winter, the scope of law enforcement includes the field of engineering construction and labor-intensive processing and manufacturing industries that recruit more migrant workers, as well as enterprises affected by Sino-US economic and trade frictions." Wang Cheng said that all localities will guide employers to carry out self-examination and self-correction, focusing on the investigation and rectification of wage payment. To verify the illegal acts, we should achieve "two zeros", that is, all the cases of unpaid wages that occurred before the end of this year 10 should be cleared up before the end of the year, and other new cases of unpaid wages should be dynamically cleared up in time before the Spring Festival in 2020.

Protecting the rights and interests of migrant workers' labor remuneration is related to their vital interests. The relevant provisions of the amendment of China's criminal law have further strengthened the criminal law's protection of workers' labor remuneration rights and interests. In order to punish the refusal to pay labor remuneration according to law, China has successively promulgated a series of laws, regulations and policies and measures to crack down on malicious wage arrears. In August this year, the State Council established a leading group to eradicate the wage arrears of migrant workers, and the joint efforts of various departments were further strengthened. However, some employers and individuals still try to evade the obligation of paying wages and maliciously default on the wages of migrant workers.

In the case of investigating and dealing with the arrears of labor remuneration of Xinyuan Construction Labor Service Co., Ltd. in Bozhou City, Anhui Province, Bozhou Human Resources and Social Security Bureau issued the Instruction of Labor Security Supervision Time Limit to the company according to law, and the company failed to perform it within the time limit. On June 3 this year, at 65438, Bozhou Human Resources and Social Security Bureau transferred the case to the public security organ for investigation. On September 3, the People's Court of Qiaocheng District of Bozhou City ruled that Tian Jifu, the legal representative of the company, was guilty of refusing to pay labor remuneration, sentenced to 7 months in prison and fined 50,000 yuan. At present, all the labor remuneration owed in this case has been paid.

Wang Cheng introduced that 20 1 1 By September this year, the human and social departments had transferred 267 19 cases suspected of refusing to pay labor remuneration to the public security organs, and the people's courts at all levels sentenced the defendants to fixed-term imprisonment and criminal detention of 7674 people.

Opening a "through train" for supervision and justice

It is understood that Ministry of Human Resources and Social Security, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security, as members of the leading group for eradicating wage arrears of migrant workers in the State Council, have actively created a "through train" for supervision and law enforcement and criminal justice by improving the system and mechanism, effectively promoting the criminal cases suspected of refusing to pay labor remuneration to enter the judicial process in time.

20 12 the four departments jointly issued the notice on strengthening the investigation and handling of cases of refusing to pay labor remuneration, clarifying the division of responsibilities and the legal procedures for transferring cases; On 20 14, the Notice on Strengthening the Coordination of Handling Criminal Cases Suspected of Refusing to Pay Labor Remuneration was issued, which improved the transfer standards and procedures, and effectively solved the problems of obtaining evidence in practice, the suspect's "fleeing without hiding", ordering to issue payment vouchers, and the transfer standards.

"In June this year, the four departments established a communication mechanism to jointly crack down on malicious wage arrears, exchange information regularly, share data, and formulate more effective measures." Wang Cheng said that the human and social departments are responsible for investigating and transferring, resolutely transferring cases suspected of refusing to pay labor remuneration in a timely manner according to law, so as to investigate and transfer a batch, and resolutely overcome the phenomenon that cases are not moved, cases are difficult to move, and punishment is used instead of punishment.

"The Supreme Court unifies the application of laws by formulating judicial interpretations and issuing guiding cases." Zhou Jiahai, deputy director of the Supreme People's Court Research Office, said that as of September this year, courts at all levels had accepted 1065 1 case and concluded 10243 case.

Luo, deputy director of the First Prosecutor's Office of the Supreme People's Procuratorate, said that procuratorial organs at all levels use the information sharing platform of "the convergence of the two laws" to strengthen the supervision of filing cases and prevent punishment from replacing punishment and indulging in crimes. Some local procuratorial organs and labor inspection departments of public security organs have established systems of information sharing, case notification, case transfer and whole-process tracking, which has promoted the seamless connection between administrative law enforcement and criminal justice in the field of labor security supervision.

Procuratorial organs have punished a number of malicious unpaid wages crimes in accordance with the law by intervening in investigation in advance, guiding evidence collection, jointly listing and supervising major cases, carrying out special supervision activities of "helping migrant workers to pay wages" and setting up a special group of "no unpaid wages", effectively protecting the legitimate rights and interests of workers. According to statistics, in 20 18, the national procuratorial organs handled criminal cases of refusing to pay labor remuneration, and the approval of arrest and prosecution increased by 9. 1% and 1.4% respectively. This year, the approval of arrest and prosecution increased by 6.6% and 8.5% respectively from October to September.

Vigorously promote the "blacklist" system

"For suspects involved in unpaid wages, the public security organs will go online for the first time, increase the intensity of pursuit, and bring them to justice as soon as possible." Huang Shuangquan, deputy director of the Public Security Administration of the Ministry of Public Security and director of the Household Administration Research Center, said that it is necessary to strengthen the awareness of "debt collection", seal up and freeze the accounts and property involved in the case in time according to law, and help migrant workers recover their wages in arrears to the greatest extent.

According to statistics, from 20 15 to July this year, the public security organs throughout the country * * * filed a case to investigate the crime of refusing to pay labor remuneration 14000. Among them, from June to July this year, * * * put on record for investigation 1.700.

On June 5438+ 10 this year, the Human Resources and Social Security Bureau of anding district, Dingxi City, Gansu Province received a complaint from workers, which reflected that Chongqing Ran Ran Construction Labor Service Co., Ltd. had the problem of defaulting on workers' labor remuneration. After investigation, the company owed 238 workers 1 1.26 million yuan. After receiving the instruction of labor security supervision for rectification within a time limit, the company failed to implement it within the time limit. 65438+1On October 30th, the Human Resources and Social Security Bureau of anding district, Dingxi City transferred the case to the public security organ for investigation on suspicion of refusing to pay labor remuneration. The company was also included in the "blacklist" of wage arrears for migrant workers.

20 17 establish a "blacklist" system for wage arrears of migrant workers. The core of this system is to put the wage arrears of migrant workers that meet the prescribed conditions into the "blacklist" and implement joint punishment according to regulations. According to the regulations, these units and related personnel will be restricted in government financial support, government procurement, bidding, production license, qualification examination, financing loans, tax incentives, transportation and high consumption.

"Some enterprises that have been blacklisted have been strictly restricted, especially some enterprises in the field of engineering construction. According to the regulations, their qualifications will be downgraded and they will be at a disadvantage in the competition. " Wang Cheng said that the "blacklist" system is an important part of the construction of the wage payment credit system and plays an important role in cracking down on malicious wage arrears. The next step will be to strengthen the "blacklist" system in accordance with regulations and put it in place.