Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law in the Trial of Criminal Cases on Refusal to Pay Labour Remuneration

最高人民法院关于审理拒不支付劳动报酬刑事案件适用法律若干问题的解释

February 21, 2013 | BY

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Interpretation gives definition to labour remuneration.

Clp Reference: 2400/13.01.16 Promulgated: 2013-01-16 Effective: 2013-01-23

Promulgated: January 16 2013
Effective: January 23 2013

Main contents: The labour remuneration that employees are entitled to according to laws such as the PRC Labour Law and the PRC Employment Contract Law, including wages, bonuses, allowances, subsidies, overtime payments and wages paid in special circumstances, shall be deemed as “labour remuneration for employees” as specified in the first paragraph of Article 276(1) of the Criminal Law (Article 1).

It shall be deemed as “using methods such as the diversion of property and abscondence in order to evade paying labour remuneration to employees” as specified in the first paragraph of Article 276(1) of the Criminal Law if, for the purpose of evading payment of labour remuneration to employees, an employer:

(i) conceals property, settles debts in bad faith, fabricates debts, falsifies bankruptcy, falsifies winding-up, or otherwise diverts or disposes of property;

(ii) runs or hides away; or

(iii) conceals, destroys or alters materials relevant to labour remuneration such as accounts books, the employee register, or records of wage payments or attendance (Article 2).

Related legislation: PRC Labour Law, July 5 1994, CLP 1994 No.7 p.21; and PRC Employment Contract Law, June 29 2007, CLP 2007 No.6 p.30

clp reference:2400/13.01.16promulgated:2013-01-16effective:2013-01-23

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