China News Service, January 12. According to the website of the Supreme People's Procuratorate, recently, the Supreme People's Procuratorate released five typical cases of procuratorial organs punishing crimes of refusing to pay labor remuneration according to law.
The typical cases released this time are the case of Jiangxi Fan refusing to pay labor remuneration, the case of Hunan Optoelectronics Technology Co., Ltd. The case of XX refusing to pay labor remuneration without prosecution, and the case of Hubei Lan XX refusing to pay labor remuneration.
Case 1 emphasizes that criminal suspects who have serious circumstances and serious consequences and who still fail to fulfill their payment obligations after filing a criminal case for recovery shall be severely cracked down and punished according to law.
Case 2 clarifies that, during the trial process of the case, if the procuratorial organ discovers that the investigation organ did not pursue the criminal responsibility of the relevant unit involved in the case when it was transferred for review and prosecution, it may additionally prosecute according to law.
Case 3 clarified that the procuratorate should, on the basis of ascertaining the facts, implement the criminal justice policy of less arrests, more prosecutions, and more careful detention, and perform functions such as reviewing arrests, reviewing prosecutions, and reviewing the necessity of custody in accordance with the law, so as to minimize the impact of criminal judicial activities on the enterprises involved in the case. Impact.
Case 4 shows that the procuratorate does not simply handle the case because it is "small", but actively performs its duties to help migrant workers recover their hard-earned money, and handles every "small case" that is related to the interests of the people as a "big case".
Case 5 further clarified that the procuratorial organs should pay attention to overall planning, coordination between the criminal and the public, give full play to the role of the procuratorial organs in supporting prosecution in civil matters, and help migrant workers collect wages according to law.
Procuratorate punishes typical cases of crimes of refusing to pay labor remuneration according to law
1. The case of Jiangxi Fan XX refusing to pay labor remuneration
【Basic case】
In August 2018, Fan Moumou was affiliated with a Jiangxi Construction Labor Service Co., Ltd. (hereinafter referred to as the labor service company), and undertook the labor service project of a project in Nanchang City from a certain construction limited company (hereinafter referred to as the construction company) in the name of the labor service company.
From September 2018 to January 2020, Fan Moumou, the person in charge of the actual construction of the project, successively hired more than 20 teams of migrant workers to enter the site for construction.
After the construction was completed, the construction company paid more than 19.67 million yuan in labor costs and transferred them to the bank account actually controlled by Fan Moumou.
In January 2020, the project was suspended due to Fan XX's arrears of wages to migrant workers.
In order to properly pay the workers' wages, the construction company settled an additional RMB 1 million in the form of commercial acceptance bills to pay the workers' wages in arrears, but Fan Moumou still refused to pay the workers' wages in arrears after receiving the draft.
On October 23, 2020, Nanchang High-tech Zone Labor Supervision Bureau issued the "Rectification Instructions for Labor Security Supervision within a Deadline", but Fan Moumou neither submitted the roster of all employees of the project, labor contracts, attendance records, salary tables, payment forms, etc. Vouchers and other related materials were not rectified in accordance with the deadline rectification instructions.
As of the incident, Fan Moumou refused to pay the wages of more than 220 workers totaling more than RMB 6.23 million.
【Litigation process】
On February 10, 2021, the Nanchang High-tech Branch of the Public Security Bureau filed a case for investigation. Fan Moumou absconded after learning about it. He was arrested on October 19 of the same year and brought to justice on November 2.
On December 29, 2021, the People's Procuratorate of Nanchang High-tech Zone filed a public prosecution against Fan Moumou's refusal to pay labor remuneration.
During the trial, because Fan Moumou retracted his confession in court and pleaded not guilty, the People's Procuratorate of High-tech Zone proposed a sentencing recommendation of three years' imprisonment.
On May 7, 2022, the Nanchang High-tech Zone People's Court ruled in the first instance that Fan Moumou had committed the crime of refusing to pay labor remuneration, and was sentenced to three years in prison and fined RMB 150,000.
Fan Moumou appealed after receiving the first-instance judgment.
On September 26, 2022, the Nanchang Intermediate People's Court ruled in the second instance to reject the appeal and uphold the original judgment.
【Procuratorial duty performance process】
1. Intervene in the investigation in advance to accurately identify the criminal subject.
The People's Procuratorate of Nanchang High-tech Zone relied on the mechanism of "connection of the two laws" and found through the information sharing platform that the labor service company owed a large amount of wages and involved a large number of people. The refusal to pay labor remuneration may be suspected of crime, so it initiated the supervision process according to law and suggested that the high-tech zone labor The Supervision Bureau transfers criminal clues to the public security organs, and supervises the public security organs to file cases and investigate in a timely manner.
By intervening in investigations in advance, the procuratorial organs guide the public security organs to collect and fix evidence, and promote the effective connection between administrative law enforcement and criminal justice.
With the in-depth collection of evidence by the investigation agency, it was determined that Fan Moumou was affiliated with a labor service company to implement the criminal act of this case, and Fan Moumou was the criminal suspect in this case.
2. Carry out supplementary investigations and improve evidence for additional prosecution.
After the public security organ transferred the case for examination and prosecution, the People's Procuratorate of Nanchang High-tech Zone immediately issued a notice of the victim's litigation rights and obligations through an announcement, and some unpaid workers who had not reported the case before provided new evidence materials to the public security organ and the procuratorate.
The procuratorial organ supplements the investigation and improves the evidence by supplementing the investigation on its own and coordinating the cooperation of the public security organs.
During the court trial, some workers who were owed wages still provided evidence to the procuratorate, and the procuratorial agency prosecuted them in accordance with the law based on the newly discovered criminal facts. Through comprehensive and legal charges, the behavior of "malicious wage arrears" was accurately and effectively punished to ensure the handling of the case. Effect.
3. Collaborate to resolve the risks involved in the case, and expand channels to recover wage arrears.
Due to the large number of victims in this case and the strong appeals of the unpaid workers, it is very easy to cause social instability. The procuratorate has made a good work plan while cooperating with the district management committee, the Human Resources Department, the Emergency Management Bureau Letter and Call Office, and other departments. Patiently explain the law and reason, appease workers' emotions, and guide rational rights protection.
At the same time, communicated with the District Labor Supervision Bureau and the construction company involved in the case many times, and coordinated with the construction company to actively raise more than 4.41 million yuan in wages to advance wages to workers who owe wages.
The procuratorate also provided national judicial assistance to some victims who had difficulty in living, and the labor rights and labor achievements of laborers were effectively protected.
4. Formulate and issue procuratorial suggestions, and promote the improvement of the mechanism.
In response to the supervision and management problems of migrant workers' employment and wage payment reflected in this case, the High-tech Zone People's Procuratorate issued procuratorial recommendations to the Organization and Human Resources Department of the District Management Committee, from the perspective of fully performing the supervision and management duties of migrant workers' wage payment, and urging to strengthen the supervision and management of migrant workers. Supervision and management of labor employment, in-depth implementation of administrative law enforcement and criminal justice work and other aspects of specific suggestions.
The district management committee adopted the procuratorial suggestion, established and improved the inter-departmental and inter-field linkage mechanism, regularly carried out special rectification, and established a long-term cooperation mechanism to combat "malicious wage arrears".
【Typical meaning】
1. Relying on the "connection of the two laws" to strengthen the supervision of case filing, and severely crack down on malicious wage arrears.
The High-tech Zone People’s Procuratorate adheres to the people-centered judicial concept, and severely cracks down on and punishes criminal suspects who have serious circumstances and serious consequences, and who still fail to fulfill their payment obligations after filing a criminal case for recovery.
The procuratorial organs actively performed their supervisory duties, and relied on the mechanism of "connection of the two laws" to carry out investigations to ensure the payment of migrant workers' wages, and promptly initiate supervision when they found clues.
Adhere to the core of case handling, comprehensively use methods such as early intervention, self-supplementary investigation, and coordination of supplementary investigation by public security organs to improve evidence, pay attention to the whole process of receiving new evidence materials provided by victims, and approve arrests strictly and quickly in accordance with the law. Additional prosecution, accurate identification.
For those who have a bad attitude and refuse to admit guilt and repent, they will put forward severe sentencing recommendations, and effectively play the role of punishment and deterrence.
2. Simultaneous strikes, recovery, and judicial assistance to protect "people's salary" and win "people's hearts".
The case involved a large amount of money and a large number of victims. When the case happened during the epidemic, the procuratorial organs insisted on punishing "malicious wage arrears" illegal crimes in accordance with the law and "doing practical things for the people" in handling the case.
When properly handling the claims of migrant workers for wage arrears, the procuratorate coordinated with relevant units to discuss a solution to recover the wage loss of the unpaid workers, and carried out judicial assistance in accordance with the law, forming a joint force to resolve social conflicts and disputes.
Actively serve the overall situation of social development, conduct in-depth investigations and studies, discover the loopholes in social management behind the cases, and issue procuratorial recommendations to systematically and root-causely solve related problems, promote the governance of litigation sources, and achieve the good effect of "handling one case and governing all".
2. A Hunan Optoelectronics Technology Co., Ltd. and Bai Mou refused to pay labor remuneration
【Basic case】
From April to June 2020, Bai Mou, the legal representative of an Optoelectronics Technology Co., Ltd. in Zhangjiajie City, Hunan Province (hereinafter referred to as Optoelectronics Technology Co., Ltd.), successively recruited Yu Moumou, Wang Moumou and others to engage in the company's electronic processing and other work.
During the working period, Optoelectronics Technology Co., Ltd. owed a total of 137,119 yuan in wages to 30 employees including Yu Moumou and Wang Moumou.
The Labor Supervision and Security Brigade successively issued four administrative orders to the Optoelectronics Technology Co., Ltd. and Bai Mou, ordering them to pay the wages owed to employees, but they have not been implemented after the time limit. Wages, and frequently change contact numbers, and avoid paying employees' wages.
【Litigation process】
On October 28, 2021, Bai was arrested by the public security organ and brought to the case. With the approval of the Sangzhi County People's Procuratorate, he was arrested on November 9, 2021.
On December 3 of the same year, the public security organ transferred the case for review and prosecution.
During the review and prosecution period, Bai reached a repayment agreement with 30 workers and paid part of the arrears of wages of 67,750 yuan.
After holding a hearing, on December 24, 2021, the procuratorate decided to change the compulsory measure to release on bail.
After review, on June 1, 2022, the procuratorate added the Optoelectronics Technology Co., Ltd. as the defendant unit, and filed a public prosecution against the unit and its legal representative, Bai Mou.
Bai Mou voluntarily pleaded guilty and accepted punishment. The procuratorate suggested that he should be sentenced to eight months in prison with probation, and the defendant should be fined.
The court of first instance adopted the sentencing suggestion of the procuratorate, and the defendant unit and the defendant pleaded guilty and served their sentence.
【Performance of procuratorial duties】
1. Approve arrests in accordance with the law, effectively protect criminal proceedings, and safeguard the legitimate rights and interests of workers.
The case was submitted for approval of arrest just before the Spring Festival, and there were many people who were owed wages, and migrant workers had strong demands for recovery of wage arrears.
The criminal suspect has been hiding outside for a long time, refused to pay labor remuneration, and was arrested by the public security organ from other places. In view of his possibility of escape, the procuratorial organ made a decision to approve the arrest of Bai Mou in accordance with the law.
2. Interpretation and reasoning to recover part of the labor remuneration in arrears.
Purchasing labor remuneration in accordance with the law is of great significance to the 30 migrant workers, especially many poor households among them.
For this reason, the procuratorial organ strengthened the work of interpreting the law and reasoning against Bai in handling the case, making him realize the serious harm of his behavior and infringing on the legitimate rights and interests of migrant workers.
At the same time, considering that the company's operation is affected by the economic situation, Bai's economic situation is unable to pay all the arrears. After many communications with the representatives of the injured party, Bai finally reached a repayment agreement for partial payment of labor remuneration.
On December 8, 2021, Bai entrusted his family members to pay part of the wage arrears of 67,750 yuan on his behalf.
3. Actively perform their duties and add victims who missed wage arrears.
The procuratorial organ found missing victims during the review and prosecution process, promptly notified the public security organs and administrative law enforcement departments to contact the relevant victims, and continued to help recover the missing part of the victim’s wages after supplementing the salary schedule and verifying the situation with Bai Mou and other relevant evidence. In the end, the rights and interests of all victims were fully protected.
4. Comprehensively review the evidence on file, and additionally prosecute the defendant unit.
When the procuratorial organ examined the evidence of the case, it was found that the parties who were in arrears of wages and signed the contract were both the laborer and the Optoelectronics Technology Co., Ltd.
Therefore, the Optoelectronics Technology Co., Ltd. was added as the defendant unit, and the court finally imposed a fine on the defendant unit.
5. Implement the criminal policy of combining leniency with strictness, and make every effort to improve the quality and efficiency of case handling.
After Bai and the victim reached a repayment agreement, the procuratorial organ held a hearing. After listening to opinions from all parties, in order to ensure the continued operation of the company, Bai was changed to a compulsory measure of bail pending trial.
At the same time, the procuratorate continued to pay attention to the implementation of Bai’s repayment, and found that he was actively raising funds to repay the loan, and voluntarily pleaded guilty and accepted punishment. Based on the facts, circumstances, confession and repentance of his crime, and the community correction opinion issued by the Bureau of Justice, etc., A sentencing suggestion for probation was proposed to Bai.
【Typical meaning】
In the current handling of such cases, there are many problems of investigating crimes committed by natural persons, few crimes committed by units, and it is difficult to identify crimes committed by units.
During the trial of the case, the procuratorate found that the investigative agency did not pursue the criminal responsibility of the relevant units involved in the case when it was transferred for review and prosecution.
After further reviewing the factual evidence of the case, the procuratorial organ found that the Optoelectronics Technology Co., Ltd. in this case was a legal unit established in accordance with the law through industrial and commercial registration and possessed the qualifications of the subject. All 30 employees including Yu Moumou had signed labor contracts with the company. The Optoelectronics Technology Co., Ltd. The criminal facts of the constituent units of the limited company are clear, and the evidence is reliable and sufficient.
In order to fully protect the legitimate rights and interests of workers and recover wages owed to the maximum extent, the procuratorate added Optoelectronics Technology Co., Ltd. as a defendant unit for prosecution, drawing a red line for wage owed enterprises.
3. Non-prosecution case of Jiangsu Pan Moumou for refusing to pay labor remuneration
【Basic case】
In 2019, a Co., Ltd. in Yixing City, Jiangsu Province undertook the construction of the supporting pipe network project for the sewage treatment plant in Xincheng District, Peixian County.
From March to July 2020, Pan Moumou, the legal representative of the company, settled the project payment and workers' wages from the contracting company totaling more than 18.16 million yuan.
However, after receiving the money, he did not pay the labor wages of the engineering teams according to the contract, and a total of 674,400 yuan was owed to 23 workers.
Workers complained and visited many times to reflect this situation.
The Pei County Human Resources and Social Security Bureau issued the "Instructions for Labor Security Supervision and Correction within a Deadline" to the company twice on December 6 and December 18, 2020, ordering it to pay the workers' wages in arrears, but Pan Moumou fled Foreigners refuse to pay.
【Litigation process】
On December 23, 2020, the Pei County Human Resources and Social Security Bureau transferred the case to the Pei County Public Security Bureau for investigation.
On March 10, 2021, the procuratorial organ made a decision to approve the arrest of Pan Moumou according to law.
During the review and prosecution stage, the procuratorial organ comprehensively considered various factors such as the impact of the epidemic, stable employment, and helping private enterprises to bail out, and suggested that the public security organ change the compulsory measures against Pan XX.
After Pan Moumou pleaded guilty and accepted punishment, paid off all wages owed to workers, and obtained the victim's forgiveness, on March 2, 2022, the procuratorate made a decision not to prosecute him.
【Procuratorial duty performance process】
1. Accurately grasp the arrest criteria for "malicious wage arrears", and approve the arrest of criminal suspects in accordance with the law.
As a private enterprise operator, Pan Moumou refused to pay migrant workers' labor remuneration and fled to other places, triggering petitions, refusing to plead guilty during the review and arrest stage, and refusing to explain the whereabouts of the project funds paid by the contracting party, which may hinder the lawsuit.
The procuratorial organ focused on the protection of the legitimate rights and interests of migrant workers, carefully reviewed materials such as the wage list of the workers, the company's account transactions, and actively contacted the Human Resources and Social Security Bureau. After confirming that Pan was able to pay but refused to pay and fled, he made a decision Approval of the arrest decision.
2. Ensure employment and promote stability, and conduct a review of the necessity of detention.
In the investigation stage after the arrest, Pan Moumou's defender submitted an application for release on bail to the procuratorate.
The procuratorate conducted on-site visits in a timely manner and learned that the project contracted by the company involved in the case was a livelihood project in Peixian County, with more than 100 workers, and the case occurred at the early stage of the epidemic and the economy was down. have a greater impact.
After fully considering the stable employment of migrant workers and the continuous operation of the private enterprises involved in the case, the procuratorial organ conducted a review of the necessity of detention for Pan Moumou, and suggested that the public security organs change Pan Moumou into a mandatory measure of bail pending trial.
3. Carry out multi-party cooperation to facilitate the full payment of migrant workers' wages.
During the review of the necessity of detention, the procuratorate took the initiative to invite the project contracting party, workers' representatives, and defense lawyers to communicate face-to-face.
Clarified the facts of the case and the sufferings of the workers to the project contracting party, prompting the contracting party to advance the wages of more than 300,000 yuan to the workers in advance; disclosed the evidence of the whole case to the criminal suspect and his defender, calculated the project funds paid to him by the contracting party one by one, and urged Pan Moumou to voluntarily Pleaded guilty and accepted punishment and paid the remaining wages of more than 300,000 yuan in arrears, which contributed to the full payment of workers' wages and resolved the contradiction of wage arrears; patiently explained the law to the workers' representatives, and prompted the workers to forgive Pan XX.
4. Deepen the governance of sources of litigation, and urge the initiation of corporate compliance review.
In response to the financial and personnel management problems of the companies involved in the case, after the companies involved expressed their willingness to comply, in October 2021, the procuratorate invited a third-party evaluation agency to initiate corporate compliance rectification, set up a compliance department, and supplemented the "Compliance Regulations". Regulation Management Measures” and other systems to build a compliance culture system; set up notice boards for migrant workers’ rights protection, publish the contact information of employers and labor security supervision and complaint hotlines; establish a roster of migrant workers and wage payment tables, and strengthen attendance statistics; set up wage guarantees , specially used to pay migrant workers’ wages in arrears; clarify the specific responsibilities of construction parties and subcontractors, and improve the management of labor contracts, entry and exit registration, and attendance.
On January 15, 2022, the company completed the compliance rectification and passed the acceptance inspection. A total of 5 relevant systems have been established and improved, and 12 rectification problems have been rectified.
5. Carry out special research, formulate and issue procuratorial recommendations to promote industry norms.
In view of the frequent occurrence of wage arrears of migrant workers in the field of engineering construction, in order to effectively protect the legitimate rights and interests of migrant workers, maintain social harmony and stability, and deepen the governance of litigation sources, the procuratorial organ consulted the Pei County Human Resources and Social Security Bureau for wage arrears cases in the past three years , It was found that there were problems such as untimely filing and investigation, weak awareness of "connection of the two laws", and insufficient protection of migrant workers' rights and interests.
In June 2021, the procuratorial organ issued a procuratorial suggestion to the bureau, promoting it to carry out a two-month special inspection on the wage payment of migrant workers in the county together with the public security, housing construction and other departments, to carry out labor supervision and law enforcement training, and to supervise and guide More than 20 enterprises have improved labor contracts, employment management and other systems to fully protect the legitimate rights and interests of workers.
【Typical meaning】
1. Fully perform their duties in accordance with the law, and promptly carry out the review of the necessity of detention and the necessity of prosecution.
When handling cases of refusal to pay labor remuneration, the procuratorate shall, on the basis of ascertaining the facts, perform the functions of reviewing arrest, reviewing prosecution, and reviewing the necessity of custody in accordance with the law.
Insist on cracking down on wage arrears crimes and recovering wage arrears, give full play to the effect of the leniency system for pleading guilty and accepting punishment, implement the criminal justice policy of less arrest, careful prosecution and careful detention, and dynamically review and grasp the changing conditions of criminal suspects' social dangers. If necessary, change or lift the mandatory measures of detention in a timely manner according to law, or make suggestions to relevant agencies.
Realize the integration of case handling and conflict resolution as much as possible, actively carry out legal interpretation and reasoning work, actively connect with defense lawyers, project contractors, family members of criminal suspects and other parties, and coordinate with administrative departments when necessary to facilitate full payment of labor remuneration After review, if no criminal punishment is required according to law, and no prosecution is necessary, a relatively non-prosecution treatment will be made according to law.
2. Initiate corporate compliance rectification in accordance with the law to promote the healthy development of private enterprises.
In the process of handling cases, the procuratorial organs should fully consider multiple superimposed factors such as the impact of the epidemic and the economic downturn, and make overall plans to prevent risks, ensure safety, maintain stability, and promote development.
Adhere to the rule of law to stabilize enterprises and expectations, carry out review of the necessity of detention and prosecution of the persons in charge of the private enterprises involved in the case, minimize the impact of criminal judicial activities on the enterprises involved in the case, provide a stable working environment for workers to continue to be employed, and conduct investigations on the enterprises involved in the case. Enterprise compliance review, promote enterprises to establish compliance system, and improve various systems of employment, salary and financial management.
Promote the standardized operation of private enterprises, and promote the healthy development of private enterprises with "true compliance" and "true rectification".
4. The non-prosecution case of Liu Moumou in Guizhou for refusing to pay labor remuneration
【Basic case】
Liu Moumou is the legal representative of a labor service company.
In April 2021, the company undertook a construction project in Guiyang Shuanglong Airport Economic Zone from a construction company in Guizhou. Liu Moumou hired 18 migrant workers including Li Mou and Wang Mou to process and manufacture "reinforcement cages".
After the completion of the project, Liu Moumou only paid part of the wages to Li Mou and others. Li Mou and others failed to ask for salary many times, and reported the situation to the labor supervision department in September 2021.
After investigation, the contracting party had paid the project in full, and Liu, who was able to pay, owed 233,200 yuan in wages to 18 people including Li.
The labor supervision department issued the "Decision Letter of Labor Security Supervision Ordering Correction" to Liu Moumou, ordering him to pay within a time limit.
By the expiration of the rectification period, Liu Moumou still has not paid.
The labor supervision department then transferred the case to the public security organ.
On November 11, 2021, Liu Moumou surrendered himself to the public security organ.
【Litigation process】
On November 12, 2021, Liu Moumou was criminally detained on suspicion of refusing to pay labor remuneration. On the 15th of the same month, the public security organ submitted a request to the Nanming District People's Procuratorate of Guiyang City for review and arrest.
The procuratorate actively promoted the resolution of conflicts. Liu Moumou expressed his willingness to pay the arrears of labor remuneration, and the Nanming District People's Procuratorate made a decision not to approve the arrest.
The public security organ transferred the case to the Nanming District People's Procuratorate for review and prosecution on October 25, 2022. Due to the minor crime and social conflicts have been effectively resolved, on November 3, 2022, the Nanming District People's Procuratorate issued a disqualification against Liu Moumou according to law. prosecution decision.
【Procuratorial duty performance process】
1. Focus on the key nodes to promote the resolution of conflicts, and implement the criminal justice policy of less arrest, more prosecution and more careful detention in accordance with the law.
During the review and arrest stage, the procuratorial organ visited the victims and found that 18 migrant workers who were in arrears of wages before the Spring Festival were still on the road to ask for wages and protect their rights. Among them, Wang was injured during construction and needed medical treatment. Can rely on the donations of workers for medical treatment.
In order to ensure that migrant workers can get their wages in arrears in time before the Spring Festival, the investigators explained the law many times, and finally Liu Moumou expressed his willingness to raise funds to pay the wages in arrears.
In view of the fact that Liu Moumou surrendered himself and voluntarily pleaded guilty and accepted punishment, the compulsory measures of release on bail will not cause social danger, and not arresting will help him raise funds to pay workers' wages, so he made a decision not to approve the arrest in accordance with the law.
Under the supervision of the procuratorate, Liu Moumou paid the full amount of 233,200 yuan in arrears before the Spring Festival, and 18 migrant workers expressed their understanding to Liu Moumou.
At the stage of review and prosecution, comprehensively considering the circumstances of Liu Moumou's surrender, voluntary confession and punishment, and the understanding of the victim, the case meets the conditions that the crime is minor and does not need to be sentenced or exempted from punishment in accordance with the provisions of the criminal law. Decision not to prosecute.
2. Formulate and issue procuratorial recommendations to guide the compliance of small and micro enterprises.
During the handling of the case, the procuratorate found that the labor service company operated by Liu had problems such as an unsound wage payment system, chaotic fund management, and weak sense of the rule of law among management personnel.
Although the company is a small and micro enterprise, it has undertaken many construction projects in this city, involving hundreds of migrant workers.
Considering the company's willingness to comply, the procuratorate urged it to carry out compliance rectification through procuratorial recommendations.
The company formulated a rectification plan in a timely manner, established and improved relevant systems and mechanisms, and plugged management loopholes.
After a 2-month compliance review period, the procuratorial organ and relevant departments will inspect and accept the company's compliance rectification. The procuratorial organ will organize a hearing to listen to the opinions of the people's congress deputies, members of the CPPCC, and people's supervisors, and unanimously recognize the effectiveness of the corporate rectification. , passed the compliance inspection after evaluation.
3. Promote the governance of litigation sources and build a normalized governance system.
In order to further ensure the special work of ensuring the payment of migrant workers' wages, the Nanming District People's Procuratorate explored the establishment of the "233" working method, that is, deepening and improving political positions and practicing the "Fengqiao Experience" in the new era, based on early intervention to guide investigations, The three functions of supervision of filing a case and supervision of investigation activities have been established, and three mechanisms have been established for the investigation and handling of special cases of refusal to pay labor remuneration, the connection and integration of "pre-litigation reconciliation + inspection and investigation docking" and "administration + judicial + new media", and actively participate in comprehensive social governance.
Opened a special investigation and handling channel for cases of refusal to pay labor remuneration, mobilized business backbones to form a professional case-handling team, and implemented policies based on the case. Since 2021, more than 70 migrant workers have recovered more than 800,000 yuan in labor remuneration.
The procuratorial organ combines law enforcement and handling of cases with resolving social conflicts, strengthens the connection and cooperation with people's mediation organizations, and includes cases involving the payment of migrant workers' wages into the scope of pre-litigation conflict mediation work, prompting the parties to reach criminal reconciliations. "One case, one settlement" has been achieved in all cases of payment of labor remuneration, and the case has been closed.
【Typical meaning】
The handling of cases of refusal to pay labor remuneration is a vivid portrayal of "small cases, big people's livelihood".
In the handling of cases of refusal to pay labor, the procuratorate, in addition to exerting the deterrent effect of criminal penalties, is more important to help migrant workers recover their wages in arrears and enhance the effectiveness of law enforcement activities.
This case is a "small case" involving a small amount of money among the cases of refusal to pay labor remuneration. However, the procuratorate will not simplify the work and handle it simply because of the "small case", but will help migrant workers get back their hard-earned money and life-saving money. As a fundamental responsibility and a major mission, "big efforts" have been made on "small cases".
The procuratorial organ actively performed its duties, conducted in-depth field visits, and learned that some migrant workers who failed to pay for their wages many times faced practical difficulties such as medical treatment and life. Simple criminal crackdowns and case handling cannot directly alleviate the difficult situation of those who are owed wages ; Timely organize discussions between labor and management, cooperate with multiple departments to formulate a wage recovery plan and urge it to be implemented in place; urge those involved in the case to raise funds in a timely manner until they help migrant workers get their hard-earned money back.
Treating every "small case" related to the interests of ordinary people and the protection of vulnerable groups as a "big case" by the procuratorial organs is a vivid portrayal of the procuratorial organs' implementation of the people-centered development idea.
5. The case of Hubei Lan XX refusing to pay labor remuneration
【Basic case】
Lan is the legal representative of Haiwang Automobile Service Co., Ltd. (hereinafter referred to as Haiwang Company) in Huahu Economic Development Zone, Ezhou City.
Since 2018, due to poor management, Haiwang Company has successively defaulted on the wages of its employees. As of December 2021, Haiwang Company has owed more than 1.53 million yuan in wages to 28 employees including Wang and Jin.
On October 14, 2021, the Human Resources and Social Security Bureau of Echeng District, Ezhou City delivered the "Notice of Labor Security Supervision Investigation and Inquiry" to Lan Moumou, requiring Lan Moumou to check the "Employee Wage Arrears Complaint Form" on the 25th of the same month and submit Go to the District Human Resources and Social Security Bureau for investigation.
After Lan Moumou checked the wages of the employees, he promised to pay the arrears of wages in about 40 days.
The District Human Resources and Social Security Bureau delivered the "Instructions for Labor Security Supervision and Correction within a Deadline" to Haiwang Company on October 25, ordering Haiwang Company to pay the wages owed to employees in full before November 6 of the same year, but Lan Moumou did not pay within the promised time limit. Wage arrears not paid.
The District Human Resources and Social Security Bureau sent several text messages on December 8 and December 13 of the same year requesting Lan to go to the District Human Resources and Social Security Bureau for investigation before the 13th of that month.
Lan Moumou replied that he had received the text message and explained that he would deal with the arrears in Shiyan City and return to Ezhou within three days.
Did not accept the investigation as scheduled.
【Litigation process】
On January 19, 2022, the District Human Resources and Social Security Bureau transferred Lan XX to the public security agency for the crime of refusing to pay labor remuneration.
On March 4, 2022, the Echeng District Branch of the Ezhou City Public Security Bureau decided to file a case for investigation against Lan XX for allegedly refusing to pay labor remuneration.
On March 7, Lan XX took the initiative to come to the case after being notified by the public security police by phone, and truthfully confessed the above facts.
On May 31, the Echeng District Branch of the Ezhou Municipal Public Security Bureau submitted Lan to the Echeng District People's Procuratorate for review and approval of arrest for the crime of refusing to pay labor remuneration.
On June 13 of the same year, the court decided not to approve the arrest of Lan XX.
Later, under the suggestion of the procuratorial organ, the public security organ decided to withdraw the case.
【Performance of procuratorial duties】
1. Strictly check the factual evidence and review whether it constitutes a crime in accordance with the law.
After review by the procuratorate, it was found that Lan Moumou's excuse for leaving the local area was not to escape, but to raise funds to pay the wages owed to employees.
Because this case did not find out the specific situation of Lan XX's arrival in Shiyan, nor the assets under the name of Lan XX and Haiwang Company, the procuratorial organ asked the public security organ to supplement the above evidence in a timely manner, and at the same time actively carried out investigations.
After investigating with several employees, it was learned that Lan Moumou began to suffer from drowsiness and unconsciousness symptoms since 2021, and then returned to Shiyan City to recuperate, but the phone and WeChat were not lost, and he was able to arrive in time after being summoned by the public security organ.
After review, it was found that Lan did not accept the investigation by the District Bureau of Human Resources and Social Security at the designated time and place, but he could give a reasonable explanation and did not lose contact. Therefore, it cannot be determined that Lan used hiding to avoid paying labor remuneration.
Later, the public security organ found out that neither the Haiwang company account nor Lan's personal account had any funds, and Lan had no behavior of transferring property or refusing to pay labor remuneration when he was able to pay.
According to employee representatives, most of the unpaid employees have worked in Haiwang Company for a long time. They agreed that Lan Moumou was a righteous person, and the company’s poor management was also caused by objective reasons. They complained to the labor supervision department because they were worried that Lan Moumou would transfer property. , so that their rights and interests cannot be guaranteed.
According to the 2020 Supreme People's Procuratorate's "Opinions on Giving Full Play to Procuratorial Functions and Services to Ensure "Six Stability" and "Six Guarantees", it is necessary to fully consider the actual production and operation of the enterprise, and pay attention to grasping the boundary between the enterprise's default of labor remuneration due to capital turnover difficulties and malicious wage arrears.
After a comprehensive analysis by the procuratorial organ, Lan Moumou's behavior was not a malicious wage arrears and should not be considered a crime, so he suggested that the public security organ withdraw the case.
2. Carry out public hearings to effectively resolve employee concerns.
The procuratorate simultaneously guided the laborers to protect their legitimate rights and interests in accordance with the law through the relief channels stipulated in the current law, invited the secretary of the town party committee to come to explain the law and reason, and researched a plan to solve the problem of wage arrears, and finally reached a preliminary opinion on rights protection through civil litigation.
The People's Procuratorate of Echeng District formed a joint case handling team of criminal prosecutors and civil prosecutors to hold a hearing on whether to approve the arrest of Lan X and whether to support the prosecution in a civil manner. The agency civilly supports the prosecution.
3. Civil support for prosecution to protect the legitimate rights and interests of employees.
The People's Procuratorate of Echeng District found that Lan Moumou Company was in trouble and could not operate normally. Although there was no fund to pay the arrears of wages, it had real estate and intangible assets such as land and qualifications under its name. The main appeal of the employees was to get back the wages owed , decided that criminals and civilians should perform their duties together and handle cases in an integrated manner.
Civil prosecutors quickly intervened to guide employees to first confirm their rights through civil lawsuits to prevent abnormal transfer of assets.
After obtaining the consent of the employees involved in the case, the Echeng District People's Procuratorate promptly supported the prosecution with the Echeng District People's Court.
On June 31, 2022, under the auspices of the court, the two parties reached a mediation agreement.
【Typical meaning】
In handling this case, the procuratorate paid attention to overall planning, coordination between criminals and civilians, active performance of duties, and gave full play to the joint role of criminal and civil prosecutorial functions.
Through communication and coordination, the procuratorial organs should connect the functions of the procuratorial organs to support prosecution and resolve civil disputes with the labor supervision functions of the human resources and social departments, and jointly promote the rectification of the problem of wage arrears to workers.
By regularly holding joint meetings of criminal, civil, and administrative procuratorial departments, we will strengthen information sharing, clue transfer, and integrated case handling to prevent and resolve labor-capital conflicts.
If the criminal prosecution department finds that the relevant case is a civil dispute and it is necessary to support the prosecution, it shall promptly notify the civil prosecution department.
At the same time, if the civil procuratorial department discovers that there are criminal clues in the case, it should take the initiative to notify the criminal procuratorial department, so that the procuratorial department's assistance in ensuring people's livelihood can be further institutionalized and standardized.