Chinanews.com, December 23. The Supreme Procuratorate today held a press conference on "Punishing malicious arrears of wages in accordance with the law so that workers can gain gains". Miao Shengming, member of the Supreme Procuratorate Committee and Director of the First Prosecutors Office, introduced that since 2019, The procuratorial organs handled criminal cases of refusal to pay labor remuneration for migrant workers to recover over 340 million yuan in wages, and handled 25,635 civil cases that supported migrant workers to prosecute.
Approaching the end of the year and the end of the year, it is the peak period for migrant workers to pay wages, which is also a high incidence of labor rights protection.
Bringing a year's "hard money" back home happily for the New Year is the simple wish of migrant workers, and unpaid work will have a huge impact on their lives.
In order to punish malicious wages in arrears in accordance with the law, the 2011 Criminal Law Amendment (8) incorporated "malicious wages in arrears" into the criminal law. Through the deterrence and punitive nature of the criminal law, the enterprises involved in the case should be paid attention to and paid in full and in time to migrant workers' wages for farmers. Workers' recovery of remuneration supports the "protective umbrella" of the law.
According to Miao Shengming, in the past three years, procuratorial organs across the country have accepted 6,336 cases of crimes of refusal to pay labor compensation, 3,710 cases of 3,805 arrests, 9,268 cases of 10,497 cases, and 6,077 cases of 6,644 cases of public prosecution; no 3,105 people prosecuted 2,630 cases.
Since 2019, the procuratorial organs have handled criminal cases of refusal to pay labor remuneration for migrant workers to recover over 340 million yuan in arrears of wages, and handled 25,635 civil cases that supported migrant workers to prosecute.
While safeguarding the legitimate rights and interests of workers, focusing on the prevention and control of the epidemic, the procuratorial organs consolidate the responsibilities of the “six stability” and “six guarantees”, implement the criminal policy of both leniency and strictness, help enterprises resume work and production, and guide enterprises to operate legally.
Miao Shengming summarized the characteristics of procuratorial organs' punishment of unpaid wages in 2020:
The first is related to the suspension of production in the first half of the year due to the epidemic, and the total number of cases has dropped significantly.
Under the impact of the new crown pneumonia epidemic, some small and medium-sized enterprises suspended work and production in the first half of the year, and the factors restricting the occurrence of crimes have changed. Different from the increasing trend of crimes of refusing to pay labor compensation in previous years, the total number of cases accepted by the procuratorial organs has dropped significantly this year.
From January to November 2020, procuratorial organs across the country accepted 1295 cases of arresting 1,375 people who refused to pay labor remuneration, a year-on-year decrease of 46.3% and 45.4%; 2,504 cases of prosecution were accepted for examination and prosecution of 2,887 people, a year-on-year decrease of 26.9% and 27.5% respectively. .
The second is to actively support prosecutions and assist migrant workers in seeking wages in accordance with the law through multiple channels.
During the epidemic, production and business activities were impacted, and employment positions were substantially reduced. For migrant workers who have suffered difficulties due to arrears of wages, the procuratorial organs actively set up platforms to explore multiple social assistance channels that complement the state and society to avoid unpaid treatment of migrant workers due to work. Life affects.
For example, when the Procuratorate of Yungang District, Datong City, Shanxi Province handled 54 migrant workers including Sun Moumou in supporting the prosecution, it learned that migrant workers had been asking for labor compensation for 5 consecutive months without results. The construction party, the contractor, the construction party and the migrant workers reached an agreement, and 54 migrant workers successfully received the wages of 1.012 million yuan in arrears.
The third is to increase services for the “six stability” and “six guarantees” to help enterprises resume work and production.
Facing the impact of the epidemic on economic and social development, when handling cases of refusal to pay labor remuneration, procuratorial organs regard serving "six stability" and "six guarantees" as the most important mission of performing their duties in accordance with the law, and implement epidemic prevention and control under normalization. The requirements of restoring the order of production and life, through the application of the system of lenient plea and punishing, implement the concept of fewer arrests and prudent prosecutions, while protecting the legitimate rights and interests of workers, focusing on helping enterprises in difficulties overcome difficulties, serving and ensuring the healthy development of the non-public economy.
From January to November 2020, procuratorial organs across the country did not approve the arrest of 630 people in cases of refusal to pay for labor. The non-arrest rate was 45.8%, 1178 people were not prosecuted, and the non-prosecution rate was 40.8%, which was much higher than that of other criminal cases. The rate of arrest and non-prosecution.
The fourth is to give full play to the system of lenient confession and punishment.
With the in-depth advancement of the leniency system of confessing guilt and punishing, the role of confessing guilt and punishing has become more prominent in cases of refusal to pay labor remuneration. It is helpful to encourage and guide criminal suspects and defendants to confess their guilt and repent, and actively raise funds to pay labor remuneration. The timely recovery of debts and damages by the workers also provides institutional support for the lenient treatment of the private enterprises involved in the case and provides a way for the development of the enterprise.
Since the beginning of this year, procuratorial organs have applied 2,146 cases of confession of guilt and punished 2377 people in criminal cases of refusing to pay labor remuneration, accounting for 85.74% of the total number of such cases, an increase of 45.43 percentage points from last year.
Miao Shengming said that the next step will be to continue service guarantees to consolidate and deepen the effectiveness of poverty alleviation.
Procuratorial organs at all levels across the country consciously integrate the eradication of wage arrears into the "two overall situations" comprehensive plan, and perform their procuratorial functions with a high degree of political consciousness, legal consciousness, and procuratorial consciousness, focusing on problems, punishing in accordance with the law, precise supervision, and comprehensive policy implementation. The "six stability" work, the implementation of the "six guarantees" task, and the basic livelihood of the people, provide a strong judicial guarantee for achieving high-quality economic and social development.