In recent years, human resources and social security departments and people's courts at all levels have continued to increase their governance efforts, strengthen the joint efforts to ensure the payment of wages for migrant workers, and effectively safeguard the legitimate rights and interests of workers. In the five years from 2020 to 2024, more than 6,200 criminal cases of refusal to pay labor remuneration were concluded, and more than 6,200 people were sentenced to effective judgments.

Strengthen the joint efforts of governance

With the implementation of various policy measures, most workers can successfully obtain labor remuneration, and the management of wage arrears has achieved significant results. However, some employers and individuals default on labor remuneration, even maliciously arrears of wages, seriously infringe on workers' legitimate rights and interests. In order to further strengthen the legal protection of workers' rights and interests, and to guide local law enforcement and judicial organs to deepen and implement relevant work on the governance of wage arrears, today, the Supreme People's Court and the Ministry of Human Resources and Social Security jointly released 5 typical cases of punishing malicious wage arrears in accordance with the law.

According to reports, malicious wage arrears in the construction industry are frequent, and often involve a large number of workers, and the amount of labor arrears is large, which has always been a key area for the governance of wage arrears. To handle such cases of refusal to pay labor remuneration, it is necessary to effectively strengthen the working synergy of human resources and social security departments and judicial organs to ensure the organic unity of the "three effects".

Case

"Ren's refusal to pay labor remuneration"

"The behavior of "escape to pay labor remuneration by escaping and concealing" is more common. The human resources and social security department promptly filed a case for investigation and collected relevant evidence materials to lay a good foundation for subsequent judicial recognition; at the same time, the people's courts have fulfilled their duties and responsibilities, give full play to the deterrence and education functions of the criminal law, urge the perpetrators to actively fulfill their payment obligations, and achieve a "win-win" situation in the protection of workers' rights and interests and the stability of local society.

Adhere to the combination of leniency and severity

Maintain the protection of workers' rights and interests

In order to encourage those who arrears to pay the wage arrears as soon as possible and to protect the legitimate rights and interests of workers, Article 276 of the Criminal Law stipulates the conditions for mitigation and exemption of punishment for the act of refusing to pay labor remuneration. Accurately grasp the lenient punishment conditions for crimes of refusing to pay labor remuneration in accordance with the law.