Refusing to pay 2.84 million yuan to employees was sentenced to two years
2023-01-12
"Enterprises should strictly implement the employee compensation system, and if they encounter difficulties, they should communicate with employees in time to avoid unnecessary litigation burden on enterprises and employees caused by labor disputes." On January 7, the Intermediate People's Court of Xuchang, Henan Province, organized judges to go to the enterprises under their jurisdiction to understand the needs and requirements of enterprises, and made case statements for common labor disputes at the end of the year, leading enterprises to standardize the relevant systems such as employee compensation and prevent legal risks. In a case of refusing to pay labor remuneration, the defendant Yang was sentenced to two years' imprisonment, three years' probation and a fine of 10000 yuan by the People's Court of Jian'an District, Xuchang City at first instance. On December 24, 2022, the Xuchang Intermediate Court upheld the judgment of first instance. At present, the judgment in this case has come into force. It is reported that on May 12, 2020, Li and others, an employee of a Xuchang Health Technology Co., Ltd., complained to the labor supervision team of the Human Resources and Social Security Bureau of Jian'an District, Xuchang City about the company's default in employee wages. After the labor supervision team filed a case, on May 14, 2020, Yang, the actual controller of the physical examination department of a Xuchang Health Technology Co., Ltd., issued the "Labor and Social Security Supervision Rectification Instruction within a Time Limit", The medical examination department of a health technology limited company in Xuchang was ordered to pay the wages of the workers in arrears within 10 days. After receiving the rectification order to pay the wages of the workers within the time limit, the defendant Yang, as the actual controller of the physical examination department of a Xuchang Health Technology Co., Ltd. and a Xuchang Health Technology Co., Ltd., refused to pay part of the wages of the workers, and from May 19 to June 1, 2020, successively arranged his company's cashier to use the company's funds to pay the balance of the CT machine for the physical examination equipment Purchase physical examination reagents and pay water and electricity charges. After filing the case, under pressure, the defendant Yang Mou paid more than 110000 yuan to the employees whose wages were in arrears from June 12 to 14, 2020. According to the audit, as of June 30, 2020, the physical examination department of a Xuchang Health Technology Co., Ltd. owed 228 employees 13 months' wages totaling 2.8475 million yuan. The People's Procuratorate of Jian'an District, Xuchang City, examined and prosecuted that the defendant Yang Mou, who knew that the human rights and social security department had issued a rectification order to pay workers' wages within a time limit, refused to pay 228 workers' wages under the condition that he was able to pay part of the workers' wages in advance, and should be investigated for criminal responsibility for the crime of refusing to pay labor remuneration. It is recommended that he be sentenced to fixed-term imprisonment of 2 years, suspended for 3 years and fined 10000 yuan. During the trial of the first instance of Jian'an District Court, Mr. Yang had no objection to the criminal facts, charges and sentencing suggestions charged in the indictment. Jian'an District Court held that the defendant Yang's behavior constituted the crime of refusing to pay labor remuneration. After arriving at the case, he truthfully confessed his crime and pleaded guilty to punishment. The public prosecution organ recommended appropriate sentencing, and then made a judgment. On October 30, 2022, after the judgment of the first instance, Yang refused to accept it and appealed to the Xuchang Intermediate Court. His defender argued that the fact of the crime of refusing to pay labor remuneration in this case was minor and the social harm was low, so the appellant Yang should not be investigated for criminal responsibility. The Xuchang Intermediate Court held that the appellant, Yang Mou, as the largest shareholder and actual controller of the company, should be responsible for paying off the salary owed to the company's employees
Edit:Hou Wenzhe Responsible editor:WeiZe
Source:legal daily
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