Highest inspection release

Punish the crime of refusing to pay labor remuneration according to law

classic case

Punish the crime of malicious salary arrears according to law

Continue to safeguard the legitimate rights and interests of workers

[Main point]

If the amount of malicious wage arrears is particularly large, the number of wage arrears objects is large, the escape and loss of contact, the concealment of the whereabouts of the funds involved in the case, and has misled the victim group to petition, resulting in adverse social impact, which belongs to the "serious consequences" in the crime of refusing to pay labor remuneration, the upgraded legal punishment should be applied according to law, and the punishment should be severely hit and severely punished according to law.

Basic Case

In March 2021, the defendant Chai signed a real estate project contract with an engineering construction company in Linghai City, Liaoning Province (hereinafter referred to as Linghai Engineering Construction Company). In the process of construction, Linghai Engineering Construction Company has allocated full wages to Mr. Chai as scheduled according to the project progress. Mr. Chai evaded supervision by making false migrant workers' wage tables, and continued to use the wages payable to migrant workers to pay other project funds and personal expenses contracted by him. By November 2021, Chai owed 587 migrant workers a total of 10.15 million yuan in arrears. At the same time, Chai concealed the fact that Linghai Engineering Construction Company had fully allocated the wages of migrant workers, falsely claimed that the wages of migrant workers should be paid by Linghai Engineering Construction Company, which caused more than 300 migrant workers to appeal to the municipal and county governments five times, causing adverse social impact. On February 14, 2022, Linghai Human Resources and Social Security Bureau issued the Instruction for Rectification within the Time Limit of Labor Security Supervision to Chai, instructing him to pay the wages in arrears in full. Chai evaded payment by turning off his mobile phone, changing his residence, hiding in another place, etc., and still did not pay within the rectification period of the order. On March 13, 2022, Chai was captured by the Linghai Public Security Bureau in Chaoyang, Liaoning Province. Later, Linghai Engineering Construction Company advanced some of Chai's arrears of wages.

[Proceedings]

On February 28, 2022, the Linghai Public Security Bureau of Liaoning Province filed a case against Chai. On March 13, the same year, Chai was arrested by the Linghai Public Security Bureau. On April 11, the Linghai Procuratorate approved his arrest. On April 19, 2022, the Linghai Public Security Bureau transferred the case for review and prosecution. On April 22, the procuratorial organ filed a public prosecution against Chai. On November 16 of the same year, the Linghai City Court sentenced the defendant Chai to five years' imprisonment and a fine of 20000 yuan for the crime of refusing to pay labor remuneration. The defendant, Chai, appealed against the judgment. On May 17, 2023, Jinzhou Intermediate Court ruled to reject the appeal and uphold the original judgment.

[Performance of procuratorial duties]

1. Self supplementary investigation to consolidate the evidence base. In the stage of review and prosecution, the Liaoning Linghai Municipal Procuratorate explained the laws and criminal policies to Chai and persuaded him to recover the wages owed by migrant workers, but Chai still refused to confess his guilt and repentance, hid the whereabouts of the funds involved in the case, and insisted on refusing to pay. In this regard, the procuratorial organ timely carried out its own supplementary investigation, went to Linghai Engineering Construction Company to obtain evidence such as project contracts, project payment records, migrant workers' wage distribution lists, and listened to the opinions of the person in charge of Linghai Engineering Construction Company on the handling of the case. So far, the evidence foundation has been further consolidated and the case facts have been found out.

2. Quickly file a public prosecution according to law. According to the actual performance of Chai, such as cheating workers, transferring property, escaping and losing contact, and refusing to pay back wages, the procuratorial organ filed a public prosecution against Chai within three days after receiving the case, highlighting the direction of quick punishment.

3. Accurately apply the sentencing grade. Chai owed more than 10.15 million yuan of salary, and 587 people were owed salary. In addition, in order to avoid payment, the Employer falsely claimed that the Employer did not pay wages in full and on time, misled more than 300 migrant workers to petition the local government for many times, seriously disrupted the local social order, and caused adverse social impact. The procuratorial organ found that Chai Moumou has a large number of people who are in arrears of wages, and the amount of arrears is particularly huge. He not only escapes and loses contact, conceals the whereabouts of the funds involved in the case, refuses to pay the arrears, but also deliberately misleads the victims of migrant workers to petition collectively, seriously disturbing the local social order, which should be "causing serious consequences" as stipulated in Article 276-1 of the Criminal Law of the People's Republic of China The upgraded statutory punishment shall apply in the case of.

4. Develop and issue procuratorial suggestions to promote industry governance. In view of the problems exposed in the case, such as the administrative department's lax review of the qualification of the project contractor and inadequate supervision, the Linghai Municipal Procuratorate issued procuratorial suggestions to the local human resources and social security bureau, urging them to improve their labor security supervision ability and level in the field of construction projects, and put an end to the arrears of migrant workers' wages. Prompting and standardizing the rectification of Linghai Engineering Construction Company's illegal contract awarding to natural persons, tracking and revisiting the groups of migrant workers with unpaid wages, and preaching the relevant legal knowledge of the right relief ways such as signing labor contracts, labor remuneration being in arrears, and compensation for industrial injury damage, so as to enhance their awareness of rights protection.

Case handling prosecutors follow up on the construction site and publicize the rule of law

Typical significance

1. Accurately apply the upgraded statutory punishment and severely punish malicious salary arrears. Although the crime of refusing to pay labor remuneration is a misdemeanor, there are also circumstances that should be severely punished. Those who constitute the crime of refusing to pay labor remuneration, have a particularly large amount of malicious salary arrears, a large number of people who are in arrears, escape and lose contact, conceal the whereabouts of the funds involved in the case, and also have caused the victims to petition, causing adverse social impact, are "causing serious consequences", and should apply the upgraded statutory punishment according to law, and be severely punished according to law, Effectively play the role of punishment in punishment and deterrence, accurately implement the criminal policy of tempering justice with mercy, and distinguish between situations to be strict while being strict.

2. If a unit or individual that does not have the qualification of employment subject illegally recruits workers and refuses to pay labor remuneration, and meets the legal conditions, it shall be investigated for criminal responsibility for the crime of refusing to pay labor remuneration. The enterprise subcontracts the project to a unit or individual that does not have the qualification to contract the project, and the unit or individual illegally hires workers and refuses to pay labor remuneration. If there is evidence that the subcontracting enterprise has paid all the labor remuneration of the workers to the employment subject that does not have the qualification to contract the project, the employment subject has not paid the workers, which is a large amount, If the company still fails to pay after being ordered to do so by the relevant government department, criminal responsibility shall be investigated against the unit or individual that does not have the qualification to contract the project.

[Main point]

The procuratorial organ should actively investigate and verify the clues related to the crime of refusing to pay labor remuneration to ensure accurate supervision and filing. If, after investigation and verification, the public security organ believes that the reason for not filing a case is untenable, the procuratorial organ shall promptly notify the public security organ to file a case. The procuratorial organ may transfer the evidence materials collected during the investigation to the public security organ for handling according to law in cases that have been placed on file for supervision.

Basic Case

In April 2017, the defendant Du Moumou contracted the civil engineering project of an apartment in Antu County, Jilin Province. After that, he signed a labor contract with Shu Moumou. Shu Moumou organized more than 40 workers to be responsible for the plastering business of the project's exterior wall, with a total labor cost of 1.351 million yuan. Du only paid 300000 yuan of labor service fees to Shu and others after receiving the full amount of project funds from the Employer, and the rest of the project funds were used by Du for personal expenses. From 2018 to March 2021, Du undertook three other construction projects in arrears of labor remuneration, and all of them were profitable. In January 2022, the Human Resources and Social Security Bureau of Changbaishan City, Jilin Province contacted Du Moumou three times by telephone, and they refused to be present to cooperate in solving the problem. On July 27 of the same year, Changbaishan Human Resources and Social Security Bureau issued the Decision of Labor Security Supervision on Ordering Correction to Du, who still refused to pay. Until the crime, Du still owed 1.051 million yuan to Shu and others.

[Proceedings]

The case was put on file by the Baihe Forest Public Security Branch of Jilin Province, and was transferred for review and prosecution after the investigation was completed. Before the public prosecution, Du voluntarily pleaded guilty and pleaded guilty, and returned more than 700000 yuan in arrears in cash, vehicles and houses. On July 14, 2023, the People's Procuratorate of Baihe Forest District, Jilin Province filed a public prosecution against the defendant Du Moumou, who was suspected of refusing to pay labor remuneration. On August 2 of the same year, the court of Baihe Forest District made a judgment of first instance, sentenced Du to one year and three months' imprisonment for the crime of refusing to pay labor remuneration, and imposed a fine of 70000 yuan. The defendant pleaded guilty and served the sentence.

[Performance of procuratorial organs]

1. Carry out investigation and verification, and supervise the filing of cases according to law. The public security organ did not file the case after the victim reported the case. More than 40 people, including Shu, the victim, applied to the People's Procuratorate of Baihe Forest District, Jilin Province for case filing and supervision. The People's Procuratorate of Baihe Forest District issued the Notice of Request for Explaining the Reasons for Not Filing a Case to the public security organ, and the public security organ replied that the labor remuneration dispute between the migrant workers who were in arrears and Du Moumou was still in the process of civil litigation, and that the evidence proving that Du Moumou received the Decision of the People's Social Security Bureau to Order Correction was insufficient, which did not meet the conditions for filing a case. The procuratorate of Baihe Forest District carried out investigation and verification around the reply of the public security organ. Through verification, it is found that Du has undertaken three construction projects in arrears of salary, and has always been operating and profitable, and there is evidence to prove that the Human Resources and Social Security Bureau has served him with the Decision of Labor and Social Security Supervision on Ordering Correction. Accordingly, the procuratorate of Baihe Forest District determined that the reason for the public security organ not to file a case could not be established, and issued a Notice of Filing to it according to law. Under the supervision of the procuratorial organ, the case was filed for investigation by the Baihe Forest Public Security Branch of Jilin Province on December 16, 2022.

2. Guide investigation and evidence collection, and fix and improve evidence. The procuratorate of Baihe Forest District played the role of investigation supervision and cooperation mechanism, intervened in the investigation in advance, and guided the public security organ to obtain the relevant written materials of the administrative organ and testimony to the administrative personnel around the problem of Du's "refusal to implement the payment instructions of the administrative organ"; Focusing on the problem of Du's "evading the payment of workers' remuneration by hiding", we collected evidence of his refusal to cooperate three times to solve the problem of workers' remuneration; Around the problem of Du's "amount of wages in arrears", we obtained relevant civil case materials according to law, and further verified the exact amount and details of Du's malicious arrears of more than 40 migrant workers' labor remuneration, such as Shu. After further investigation and evidence collection, relevant evidence has been perfected and fixed to ensure that the criminal facts of Du's refusal to pay labor remuneration are clear and the evidence is true and sufficient.

3. Urge multi-channel return of salary arrears. The salary arrears in this case are long, and the number of migrant workers involved is large, and most of them are from other provinces. The procuratorate of Baihe Forest District actively listened to the opinions of the representatives of migrant workers who were underpaid, interpreted the law and reasoned, and guided rational rights protection. At the same time, fully explain the illegal and criminal nature of his behavior to Du and urge him to actively raise funds to return his arrears. Before the case was brought for public prosecution, Du voluntarily pleaded guilty and pleaded guilty to punishment, and returned more than 700000 yuan of salary arrears in cash, vehicles and houses, timely paid the wages owed to migrant workers, effectively resolving social conflicts.

4. Carry out judicial assistance to alleviate temporary difficulties of poor migrant workers. The People's Procuratorate of Baihe Forest District learned that the income of Shu, a migrant worker who was underpaid, was the main source of income for his family. His mother suffered from Parkinson's disease, his son had cerebral palsy and intellectual disability, his daughter had congenital heart disease, and his wife had high blood pressure and diabetes. The family life was extremely difficult. The procuratorate of Baihe Forest District started the national judicial relief procedure in a timely manner, and issued 10000 yuan of judicial relief funds to them in a timely manner.

5. Transfer administrative supervision clues, and prepare and issue procuratorial suggestions. In view of the management loopholes in the problem of migrant workers' wage security, the criminal procuratorial department transferred supervision clues to the administrative procuratorial department, which started the administrative procuratorial supervision and carried out special law enforcement supervision on migrant workers' wage deposits in the construction field. It also made and issued procuratorial suggestions on social governance to the housing and construction departments, urged and improved the supporting mechanism for construction enterprises to pay migrant workers' wage deposits, increased the regular supervision and inspection of construction enterprises with large demand for migrant workers, and realized the systematic governance and source governance of migrant workers' wage arrears.

Typical significance

1. If a case should be filed but not filed, the procuratorial organ shall timely supervise the filing according to law. The supervision of case filing is the statutory authority of the procuratorial organ. After the procuratorial organ accepts the application for registration supervision of the case of refusing to pay labor remuneration, on the basis of a comprehensive review of the evidence, it shall carry out targeted investigation and verification of the reasons for the refusal of the public security organ to file the case. Through investigation and verification, it is possible to inquire the underpaid workers and other insiders, obtain the labor contract, payroll, bank account details, transaction records, etc., and verify the delivery of relevant materials ordering payment, such as rectification instructions within a time limit or administrative processing decisions. If, after investigation and verification, the public security organ considers that the reason for not filing a case is untenable, the procuratorial organ shall promptly notify the public security organ to file a case. The procuratorial organ may transfer the evidence materials collected during the investigation to the public security organ for the case put on file for supervision.

2. Multi channel recovery of funds for return of arrears. In such cases, the actors often misappropriate the wages payable to migrant workers for other purposes, and it is difficult to raise funds in a short time after the crime. Therefore, when handling the case, the procuratorial organ should pay attention to other relevant properties of the actor, such as real estate such as vehicles and investment real estate, as well as stocks, funds, etc., which are converted into cash or directly discounted to pay the wages of migrant workers. The actor's relatives and friends should be supported if they voluntarily advance and raise funds for him. When necessary, the procuratorial organ may also suggest the administrative organ to pay off the arrears of wages or advance wages according to law through wage deposits, emergency revolving funds, etc., to help solve the temporary living difficulties of migrant workers.

[Main point]

The procuratorial organ shall strengthen the supervision of case handling, and timely increase the number of unpaid persons found missing. If it is found that the subject of the crime is omitted, it shall be prosecuted according to law. We should earnestly grasp the standards of "arrest" and "prosecution" and implement the criminal policy of tempering justice with mercy.

Basic Case

In April 2020, Mr. Zeng was registered as the legal representative of an installation and construction labor service company (hereinafter referred to as the "installation and construction company"), and Mr. Xia served as the supervisor of the company. In May of the same year, the construction company contracted the labor project of a commercial and residential building project in Pengxi County, Sichuan Province, with a total labor cost of more than 2.8 million yuan. The construction company subcontracted some of the labor services to Yang and Pu at a price of more than 1.65 million yuan. Yang and Pu subcontracted part of their labor services to Tang at a price of more than 1.25 million yuan. During this period, the construction company received 2 million yuan of labor cost paid according to 70% of the progress of the project quantity, and paid more than 1.16 million yuan of labor cost to Yang and Pu in the same proportion, while Yang and Pu paid more than 870000 yuan to Tang in the same proportion. The labor fees received by the construction company, Yang, Pu and Tang can fully pay the wages of the migrant workers they employ, but the construction company, Yang, Pu and Tang are not all used to pay the wages of migrant workers, and there are other large payments. According to the verification, by October 2021, the construction company had owed more than 360000 yuan to 33 migrant workers including Zhang, more than 360000 yuan to 15 migrant workers including Yan, and more than 500000 yuan to 36 migrant workers including Jia, which caused many collective wage demands from migrant workers. Pengxi County Labor Supervision Brigade has successively issued administrative instructions to the Safety Construction Company, Yang, Pu and Tang to order them to pay the wages of migrant workers in arrears, but the Safety Construction Company, Yang, Pu and Tang refused to pay. In the stage of review and prosecution, Yang, Pu and Tang paid all the wages owed to migrant workers.

[Proceedings]

Upon the recommendation of the procuratorial organ, the Human Resources and Social Security Bureau of Pengxi County, Sichuan Province transferred the case to the public security organ for investigation. On January 1, 2023, Pengxi County Public Security Bureau filed a case against five people including Zeng for investigation on suspicion of refusing to pay labor remuneration. On February 4, the same year, the public security organ submitted for approval of the arrest of Xia. Pengxi County Procuratorate reviewed that Xia had no need to arrest and decided not to approve the arrest. On May 12, Pengxi County Public Security Bureau transferred the case for review and prosecution. During the period of review and prosecution, Mr. Yang, Mr. Pu and Mr. Tang pleaded guilty and pleaded guilty, and paid all the wages in arrears. On August 17, the Pengxi County Procuratorate made a decision not to prosecute Mr. Yang, Mr. Pu and Mr. Tang according to law; In addition, the company was added as the defendant according to law, and the company and its executives Zeng and Xia were prosecuted. On August 25 of the same year, Pengxi County Court sentenced the construction company to a fine for the crime of refusing to pay labor remuneration, and sentenced Zeng and Xia to one year of fixed-term imprisonment and probation. Both the defendant unit and the two defendants pleaded guilty and served the sentence.

[Process of procuratorial performance]

1. Add the victim who missed the salary arrears, and add the salary arrears. The Pengxi County Procuratorate in Sichuan Province learned about the collective wage demands of migrant workers through the "government procuratorate linkage" mechanism. After investigation and verification, it initially found out that the construction company, Yang, Pu, and Tang were suspected of refusing to pay labor remuneration. Therefore, it suggested the county Human Resources and Social Security Bureau to transfer the case information to the public security organ. The county public security bureau put Zeng and others on file for investigation with the crime of refusing to pay labor remuneration. In the process of reviewing and approving arrests, the procuratorial organ found that some victims did not declare their rights and interests by comparing the workers' roster, wage distribution list, bank flow and other evidence, and then guided the public security organ to collect additional evidence such as the testimony of victims and relatives, wage IOUs, and found that 54 migrant workers who were in arrears of wages were missing from the contractors The crime of being in arrears with more than 600000 yuan of wages.

2. The defendant unit was added. In the stage of review and prosecution, it was found that the subject of labor employment in this case was the construction company, and the construction company failed to pay all the migrant workers' wages to the subcontractors. Pengxi County Procuratorate added the construction company as the defendant according to law, and accurately identified the subject of the case.

3. Combine leniency with severity, and handle the persons involved differently. At the stage of review and approval of arrest, the Pengxi County Procuratorate decided not to approve the arrest of Xia, considering that he voluntarily pleaded guilty and pleaded guilty to punishment, and taking non custodial coercive measures would be more beneficial for him to raise funds. There was no need for arrest. At the stage of review and prosecution, after public hearing, Yang, Pu and Tang pleaded guilty and pleaded guilty, reached a criminal settlement with the victim, and actively cashed all the wages in arrears, so they made a decision not to prosecute according to law. The safety construction company and its directly responsible executives, Zeng XX and Xia XX, were more vicious than Yang XX and others due to illegal subcontracting and salary arrears, so they filed a public prosecution according to law. During the Spring Festival in 2023, the Pengxi County Procuratorate, together with the local Human Resources and Social Security Bureau, the Public Security Bureau and other units, will pay more than 1.2 million yuan of unpaid wages on site.

Hearing the case of refusing to pay labor remuneration

4. Civil and criminal cooperation to carry out civil support prosecution. The Pengxi County Procuratorate, relying on the mechanism of investigation, supervision and cooperation, guided the public security organs to seize cash and seal up property in accordance with the law to ensure the full payment of arrears; Cooperate with the Public Security Bureau and the Human Resources and Social Security Bureau to organize migrant workers' representatives, criminal suspects and their families to conduct reconciliation and mediation. By clarifying their legal responsibilities for refusing to pay labor remuneration, they propose a solution for cashing unpaid wages, and facilitate relevant responsible personnel to raise funds to ensure cashing, so that civil support prosecution cases can be settled smoothly.

Typical significance

1. Accurately identify the facts of the case and add the missing victims and defendants according to law. The procuratorial organ shall comprehensively review the facts of the case and identify the subject of responsibility. The criminal suspects and units involved in the case that should be pursued and prosecuted shall be pursued and prosecuted according to law to ensure that the facts of the case are clear, the crime responsibility and punishment are consistent, and there are no missing persons and units involved in the case. At the same time, for those who have not reported the case but are found to be missing through examination of evidence, the missing victims shall be added according to law, the amount involved in the case shall be accurately determined, and the legitimate rights and interests of workers shall be protected to the greatest extent.

2. Combine leniency with severity, and handle in layers. If there is no need for arrest and non custodial coercive measures are more conducive to raising funds for suspects and defendants, arrest should not be approved. During the period of review and prosecution, we should reasonably grasp the pace of handling the case, give the criminal suspect a certain time to raise funds, and should not rush to make a decision during the period of raising funds. We should combine leniency with severity, handle in layers, accurately grasp the standard of prosecution and non prosecution, distinguish the seriousness of the crime of the criminal suspects who have paid all the wages in arrears after the crime, and still timely prosecute the criminal suspects with serious criminal circumstances and serious subjective malignancy, and investigate the criminal responsibility according to law.

3. Civil and criminal cooperation to ensure the rights and interests of workers. The procuratorial organ should start the mechanism of integrating criminal and civil cases. The criminal procuratorial and civil procuratorial departments should transfer clues to each other, share information, and cooperate in performing their duties to avoid multiple lawsuits by migrant workers who are in arrears of their salaries. We should do a good job of performing our duties through internal and external integration. Strengthen external cooperation with public security organs, human resources and social security departments, judicial administrative organs and other departments in case handling, property seizure, legal interpretation and reasoning, and take multiple measures to ensure that the wages of migrant workers in arrears are paid in full and on time.

[Main point]

In the case of refusing to pay labor remuneration, the subject of the crime of refusing to pay labor remuneration should be identified as the subject of the crime of refusing to pay labor remuneration if there is a de facto labor relationship with the laborer, although there is no qualification of the subject of employment. The civil dispute between the actor and the employer cannot be the legal reason for not paying migrant workers' wages. If there is malicious behavior of salary arrears, criminal responsibility shall be investigated as the crime of refusing to pay labor remuneration.

Basic Case

From August 2020 to November 2020, Jia borrowed the qualification of a construction labor service company in Linzhou, Henan Province (hereinafter referred to as the construction labor service company) to contract the commercial secondary structure works of buildings 16, 18 and 19 in a community in Linzhou City, and illegally subcontracted them to Su, who did not have the qualification of employment subject, and Su organized workers to carry out construction. After the completion of the project, Jia paid more than 460000 yuan to Su. Later, Su owed more than 240000 yuan to Yang and other 19 migrant workers because of changes in the construction drawings and Jia's failure to pay for the increased quantities. On May 11, 2022, the Human Resources and Social Security Bureau of Linzhou City, Henan Province issued a deadline rectification instruction to Su, who failed to fulfill his payment obligations when due. After investigation, Su's bank card and WeChat had a large amount of income before and after the case was filed, but most of it was used for personal consumption and family expenses.

[Proceedings]

On June 28, 2022, the Public Security Bureau of Linzhou City, Henan Province filed a case against Su for the crime of refusing to pay labor remuneration. On February 23, 2023, the Linzhou Public Security Bureau submitted to the Linzhou Procuratorate for approval of arrest. Under the auspices of the procuratorial organ, Su entrusted his family members to raise money to reach a settlement agreement with the victim and paid all the wages owed. On May 22, the Linzhou Procuratorate of Henan Province made a decision not to prosecute Su.

[Performance of procuratorial duties]

1. Clarify the legal relationship between all parties and accurately identify the subject of crime. At the stage of review and arrest, the Linzhou Municipal Procuratorate in Henan Province learned that the wages of workers had been delayed for two and a half years. The criminal suspect Su Moumou pleaded that there were new quantities in the changes of drawings during the construction process, and he should not be responsible for the new parts. The procuratorial organ then further investigated and verified with the workers' representatives, the construction company, the labor service company, and the labor supervision department. By visiting the construction site and comparing the construction drawings of the project, it found out that there were indeed new quantities of work, and Mr. Su has filed a civil lawsuit against the project dispute with the court. The procuratorial organ, through analysis and judgment, found that the project payment dispute between Su and Jia and the labor remuneration dispute between Su and migrant workers do not belong to the same legal relationship, and confirmed that the construction labor company and Jia should bear the new part of the project payment, but for workers, Su does not have the qualification of employment subject, However, he recruited migrant workers for construction and has received more than 460000 yuan of wages paid by Jia, which is a qualified subject to pay labor remuneration. Su is still obligated to pay wages in arrears.

2. Resolve various disputes and promote the payment of arrears. The procuratorial organ has communicated and coordinated with Mr. Su, Mr. Jia, representatives of migrant workers, construction companies, and construction labor companies for many times, urging them to reach a settlement agreement on the issue of new quantities. The corresponding amount of the new quantities of Mr. Su has been paid, and he has also withdrawn the civil lawsuit from the court. On March 1, 2023, Su entrusted his family members to raise money to reach a mediation agreement with the workers and implement it. The procuratorial organ invited deputies to the National People's Congress and members of the CPPCC to supervise on the spot and pay the wages in arrears in full. Migrant workers understood Su. Considering the circumstances such as Su's voluntary confession of guilt and punishment, full payment of salary arrears, and obtaining understanding, the procuratorial organ made a decision not to prosecute him according to law. So far, all disputes between Su and migrant workers and between Su and Jia have been resolved.

3. Cooperate in the performance of duties, and promote the main government departments to build a special account security mechanism for migrant workers' wages. In order to normalize the payment of migrant workers' wages, the criminal procurator and the public interest litigation procurator of Linzhou Municipal Procuratorate jointly performed their duties, invited deputies to the National People's Congress and CPPCC members to jointly conduct a pilot inspection of the city's migrant workers' wage security system in the construction industry, and reviewed the opening of the special account for migrant workers' wages of 39 general contractors of construction projects under construction in the city, Supervise and improve the "special account management platform for migrant workers' wages". Ensure that all general contractors of construction projects under construction within the jurisdiction have opened special accounts for migrant workers' wages, and all the deposits of the special accounts have been paid in full; Promote the implementation of individual real name management and wage payment system for migrant workers; Establish mechanisms for transferring the clues of cases of refusing to pay labor remuneration, intervening in advance, information sharing, civil support prosecution, etc., and resolve the problem of wage arrears in the construction engineering field from the source.

Typical significance

1. The dispute over project funds between the employer and the subcontractor does not affect the identification of the criminal subject. In the criminal cases of refusing to pay labor remuneration, illegal subcontracting and subcontracting are more common, often involving multiple interests, involving multiple disputes such as quantity accounting, contract performance, and project quality. The civil disputes and project payment disputes between the actor and the employer or subcontractor cannot be the legal reason for not paying the wages of migrant workers. If the actor has the ability to pay but does not pay or evades the payment of labor remuneration to workers, he shall be investigated for criminal responsibility for the crime of refusing to pay labor remuneration.

2. Integrate the performance of duties and work together to ensure the special account for migrant workers' wages. Pay attention to the coordination of the four procurators, carry out procuratorial services with different focuses, strengthen the cooperation with public security, courts, human resources and social security bureaus and other departments, take multiple measures in the transfer of criminal clues, evidence standards, evidence fixation, civil support prosecution, public interest litigation and other aspects of refusing to pay labor remuneration, make every effort to do a good job in the recovery of stolen goods and damage to help recover wages, and promote the "special account for migrant workers' wages" The deposit was paid in full to boost the governance of litigation sources in the construction industry.

[Main point]

In reviewing the criminal case of refusing to pay labor remuneration, the procuratorial organ should not only pay attention to the criminal act of malicious salary arrears, but also pay attention to the examination of whether there are any omitted salary arrears. If there are any omitted salary arrears, it should be added according to law, and actively carry out investigation to ensure that there is no omission of a worker who is owed salary.

Basic Case

In April 2021, the criminal suspects Wang and Gao were affiliated with a construction labor service company in Henan, and organized migrant workers to construct at the site of Taiyuan Northwest Second Ring Expressway Gujiao Project undertaken by China Railway BJ Engineering Bureau. In January 2022, after the completion of the project, the project management department of China Railway BJ Engineering Bureau paid a full amount of 4.2 million yuan of migrant workers' wages and project funds to Wang and Gao in accordance with the contract. Wang and Gao made false wage tables to defraud their wages, and used the defrauded wages to pay machinery costs, material costs, management fees, etc., but not all of them were paid to migrant workers. A total of more than 293000 yuan was owed to 18 migrant workers. In February 2022, 18 migrant workers complained to the Human Resources and Social Security Bureau of Gujiao City, Shanxi Province, about Wang and Gao's arrears of wages. After the Human Resources and Social Security Bureau issued the Decision of Labor and Social Security Supervision to Wang and Gao twice, they still failed to perform their wage payment obligations. After further verification, Wang and Gao owed a total of more than 1.473 million yuan to 46 migrant workers.

[Proceedings]

On May 16, 2022, the Public Security Bureau of Gujiao City, Shanxi Province, put Wang and Gao on file for investigation on suspicion of refusing to pay labor remuneration. On September 5 of the same year, the Public Security Bureau of Gujiao City transferred the case to the procuratorial organ for review and prosecution. During the period of review and prosecution, Wang and Gao paid the migrant workers' wages of more than 1473000 yuan in arrears. On March 13, 2023, the People's Procuratorate of Gujiao City, Shanxi Province made a decision not to prosecute the two persons.

[Performance process of procuratorial organs]

1. Intervention, guidance and evidence collection in advance, and additional victims. After the case was filed, the People's Procuratorate of Gujiao City, Shanxi Province, through early intervention, learned that in addition to 18 migrant workers who complained to the Human Resources and Social Security Bureau that their wages were owed, there were 28 other migrant workers who were "unable to ask for wages" due to lack of documentary evidence. In order to further find out the facts of the case and determine the situation of construction workers being underpaid, the procuratorial organ put forward eight supplementary investigation opinions, including "verifying the verbal evidence between the team foreman and workers, obtaining the wage voucher for workers, locking the location of the time period using the workers' mobile phone signal base station, and obtaining the call records", to guide investigators to collect and fix evidence. After further evidence collection, the investigation authority supplemented the evidence that a total of 46 workers were construction workers of the project, as well as the number of working days and wages per person, added 28 migrant workers who were missed out of pay, and increased the missed salary by 1.18 million yuan, ensuring that the facts of the salary arrears were clear, the evidence was sufficient, and the amount of crime was determined accurately.

2. Resolve the risk of letters and visits. Due to the large amount of money involved in this case, the number of people in arrears, and the strong demand of workers for wages, the vital interests of workers cannot be maintained, which is likely to cause social instability. The procuratorial organ, together with the public security organ, worked out a work plan. On the basis of finding out the number of victims, the base amount of back pay, the amount of crime and other facts of the case, the procurator went to the construction site many times to serve the victims' notice of litigation rights and obligations, published the procurator's telephone number, and cooperated with the public security organ, the Human Resources and Social Security Bureau The Letters and Calls Bureau and other administrative organs explained the law and reasoned to the workers on the spot, and made a commitment to receive them at any time and give an immediate reply, guiding the underpaid personnel to rationally safeguard their rights. The prosecutor fully informed the whole process of procuratorial performance, and finally the workers expressed their willingness to wait for the prosecution to deal with it, and the risks related to letters and visits were effectively resolved.

3. Coordinate the full payment of salary arrears. Since Wang and Gao have appropriated their wages for other purposes, their own funds are not enough to pay the wages in arrears, and the workers' wages are at risk of not being paid in full. At the same time, 20% of the project payment has not been paid by the Employer because the warranty period of the project has not expired and the conditions for payment of the final payment agreed with the Employer have not been met. The prosecutor learned about this situation. On the one hand, he actively communicated with the Employer, and through coordinating the criminal suspect to sign a supplementary agreement on project quality assurance, he dispelled the Employer's concern about paying the outstanding amount in advance; On the other hand, Mr. Wang and Mr. Gao were urged to raise funds in many ways and fulfill their payment obligations as soon as possible. Under the coordination of the procuratorial organ, the contract letting party paid the outstanding project funds to Mr. Wang and Mr. Gao. Mr. Wang and Mr. Gao also actively raised funds by themselves, and finally all the wages of 46 workers were recovered, and the case of salary arrears lasting for 7 months was properly resolved.

Typical significance

1. Find out the facts and fixed evidence according to law, and add the missing victims. The threshold of procuratorial supervision and cooperation should be moved forward in a timely manner, without omitting a migrant worker who has been underpaid, intervening in the investigation stage in advance without neglecting a person who has been underpaid without access to complaints, guiding the public security organ to further collect evidence in a targeted way, verifying the number of people and the amount of underpaid, improving the evidence materials, and laying a solid foundation for comprehensively and accurately identifying criminal facts.

2. Pay equal attention to combating the crime of salary arrears and recovering the salary arrears. The handling of criminal cases of malicious wage arrears cannot be handled on the basis of the law. Just cracking down on malicious wage arrears is not the requirement of refusing to pay labor remuneration and handling cases with high quality and efficiency. While punishing crimes of malicious wage arrears according to the law, helping migrant workers recover their wages in arrears can achieve the unity of the "three effects" of case handling and achieve high-quality and efficient handling of cases. It is necessary to actively coordinate and formulate conditional payment plans to help workers obtain labor remuneration smoothly, which reflects the firm attitude of safeguarding the legitimate rights and interests of workers, and is also conducive to maintaining the normal production and operation activities of small and micro enterprises in the future, and enhancing the effectiveness of law enforcement and justice.