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老板欠薪跑路,劳动者如何维权?

时间:2019-07-16
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Case playback

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In December 2015, a police station in Kunshan received a report from the human society department, claiming that a certain employee of Kunshan Electronics Co. Ltd. was in arrears with the salary of the employee, and the person in charge of the company, Dai Moumou and Xu Moumou, had lost contact and refused to pay the labor. Suspected of the crime of remuneration. The public security department conducted an initial investigation and inquired about the staff and found that the company’s arrears amounted to more than 300,000 yuan, and decided to file a case for investigation. At the same time, Dai Moumou would pursue the Internet. In June 2018, the Fujian police arrested him in his hometown.

According to Dai Moumou, he started doing business in Kunshan in 2005. In 2010, he opened a factory to expand the scale. He took over the processing for the electronics company. When the business was the best, he hired hundreds of workers. The operation was not bad, but from Beginning in August 2015, affected by various factors, the operation of the factory has been difficult, and the wages of workers have also been delayed. Although the relevant labor security department intervened and required the company to pay wages on time, the situation has not improved. In addition, Dai Moumou has a bad habit of gambling, which causes the company to make ends meet and the foreign debts are numerous. By the end of 2015, there was no way to continue the turnover. At this time, I had to withdraw a payment. After Dai Moumou paid a part of the wages of the workers, the wages of more than 30 employees were not paid. He gave birth to the remaining 200,000 yuan to transfer the idea of escape. So in November 2015, Dai Moumou with his wife Xu Moumou and his children fled back to their hometown, ready to use this money to do a little business copy. After the abnormality was discovered, employees successively complained to the labor security department until the employee learned that the boss had “running the road”, the company’s production and operation were stagnant, and the public security department was involved in the investigation. Soon, Dai Moumou was charged to the Kunshan court on suspicion of refusing to pay labor compensation.

Court hearing

xx法院通过审判发现,被告戴某某是电子公司经营的负责人。由于工厂生意不好,他还赌博并赔钱。在他能够支付公司员工的工资后,他从公司的账户中转移了一些资金。逃避和逃避支付公司29名员工的劳动报酬,共计29.6万元。金额很大。如果有关政府部门下令支付仍未支付,其行为构成拒绝支付劳动报酬。因此,法院判处被告戴某某一年零一个月,并处罚金人民币20,000元。

解释方法

中国《刑法》规定:通过转移财产,逃避等,逃避缴纳劳动者的劳动报酬或者无需支付劳动者的劳动报酬而有能力支付,金额相对较大,政府有关部门下令支付但仍未支付,以下年度的监禁或刑事拘留,或单一处罚;对于严重后果,监禁三年或三年以上,七年以下,以及罚款。雇主或经营者为避免支付劳工报酬而恶意拖欠的工资最终将受到法律制裁。

提醒:对于遇到老板“上路”的工人,一方面要有权利保护意识,发现对方可能涉嫌犯罪,并及时报案;另一方面,他们必须理性地维护自己的权利,通过法律手段争取自己的权利,争取公司财产。暴力威胁等方式是不可接受和非法的。

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