Study On Judicial Application Of Refusing To Pay Labor Remuneration

In recent years,with the economic take-off,many workers have gone out to work,and the labor compensation they have received has become an important source of income for family daily life.However,individual employers have refusal to pay labor remuneration,so that after paying hard work,workers may also face the embarrassing situation of recourse to employers for remuneration.In order to crack down on the crime of refusing to pay labor compensation,China passed the Criminal Law Amendment(8),and officially included the act of refusing to pay labor compensation into the scope of criminal law adjustment.As far as the whole country and Hunan Province are concerned,although the cases of refusing to pay labor remuneration have shown an increasing trend year by year,some of the problems that exist in it are more prominent.Because the provisions of the pre-procedures,ability to pay,and what is the remuneration of labor in the relevant laws and regulations are not clear,there are major differences in specific judicial practice,and it is difficult to bridge.The optimization of the pre-procedures will clarify the relevant issues,especially the relevant departments should not be obscured,but should be clarified according to the relevant functional departments,that is,specifically refer to the human and social departments.In the judgment of the ability to pay,it is necessary to focus on its financial situation,and supplement it with whether it is still operating,expanding its business scope and recruiting new employees.In the determination of the scope of labor remuneration,we should not only limit the wages that are generally recognized by everyone.The housing provident fund social insurance should also be included.Therefore,if it is possible to optimize the administrative pre-procedure,provide a reasonable judgment on the proof of the ability to pay,and reconstruct the scope of labor compensation,it will be more conducive to the refusal to pay labor compensation in judicial practice,thus for those who are lucky Psychologically owed wage earners take the lead and really improve the situation of long-term wage arrears of Chinese workers.