Chapter 368: The Crime of Refusing to Pay Labor Remuneration!
PolyU is the closest, and PolyU security is the fastest.
Seeing four electric patrol cars slowly driving over, Han Chaoyang immediately raised the walkie-talkie and asked Zhang Jinhai to arrange for four security guards to come over to watch the door, and the others were responsible for directing traffic on the sidewalks and motorways, and persuading onlookers not to watch the excitement anymore.
As soon as the four tall young men squeezed to the door, Xu Hongliang, Li Xiaobin and Wu Junfeng arrived with more than two dozen young men.
Chaoyang Community Security Service Company was originally established by Huayuan Street to maintain stability, and they are more professional than PolyU in terms of stability maintenance. There was no need for Han Chaoyang to speak, and the young men acted tacitly. Three steps and one post, five steps and one sentry, persuaded the lively crowd not to stop here, and even played the role of traffic coordinator, standing in the middle of the road and gesturing and whistling to direct the traffic that had just been blocked.
Dozens of uniformed "special agents" came at once, and the creditors who made the most trouble just now were honest, no longer shouting loudly, let alone pushing anymore, but chattering around Han Chaoyang and complaining.
"Boss Jiang, I understand your feelings, but Zhou Sen not only owes you Boss Jiang's decoration money, but also owes rent, workers' wages and suppliers' payments!
When the reinforcements arrived, Han Chaoyang had the confidence, looked back at a few creditors and hotel chefs who were deeply impressed with what he said just now, and nodded again and again, and said slowly: "No one wants to encounter such a thing, since it has happened, we have to find a way to solve it, but no matter what way we think, we must first take not violating laws and regulations as the premise." ”
"Officer Han, I don't agree with this, I protect my legitimate rights and interests, why is it breaking the law?"
"Ms. Li, I made it very clear to Boss Jiang just now, this principle also applies to you, you sell the valuable things in the hotel to recover economic losses, what should others do, the court will have to consider it comprehensively when it comes to bankruptcy liquidation. ”
"I'm different from them, they just have this loss in front of me, if this matter drags on and is not resolved, my house can't be rented, how much rent will I lose?" The landlady was very anxious, looked back at her husband, and said eagerly: "I can't hide it, these three-story shops were bought with a loan, and they can afford to pay off the bank loan, they can afford it, I can't afford it!"
I was so emotional that I was so anxious that tears flowed out, but why did I go before?
For a three-storey shop in such a good location, at least half a year's rent must be charged first, and many owners like her not only charge half a year's rent or even a year's rent first, but even charge a little deposit.
It's good that you are worried that you won't be able to rent out, so you actually collect it on a monthly basis, and you don't take the necessary recovery measures after being in arrears.
The same is true for the decoration company and the supplier who delivers food and drinks to the restaurant, how good it is to pay the money with one hand and deliver the goods with the other, and you have to let the surname Zhou owe, and now the surname Zhou runs away to know that he regrets it.
Han Chaoyang secretly thought that no matter how difficult the business was, he couldn't do this, considering that it was not good for so many people to gather outside, he was about to ask the landlady to open the chain lock that had just been put on and let everyone enter the hall, and the people from Xinyuan Street and Xinmin Community Neighborhood Committee arrived, and not only did the Xinyuan Street Police Station come, but the senior brother Yu Zhenchuan who was too familiar to be familiar with it couldn't be more familiar.
The Zhongshan Road Comprehensive Alarm Platform is only responsible for temporary disposal, and the rest will be handed over to them.
Han Chaoyang said hello to Yu Zhenchuan, gave a brief introduction to the situation to the two street cadres who were leaders at a glance, and asked Wu Junfeng and several other team members to assist the people in Xinyuan Street to maintain order on the spot, and asked Xu Hongliang and Li Xiaolei to take the others back first.
Han Chaoyang warmly invited Zhang Jinhai to the police car, planning to send him to PolyU first and then return to the police office.
"What's wrong with the current boss," Zhang Jinhai fastened his seat belt, looked at the rearview mirror and sighed: "There are several I know, the barber shop at the west gate of our school is very beautifully decorated, and the business is very good at the beginning, and it also applies for membership cards, so that customers can recharge, and they can get discounts for consumption in the store in the future." As a result, a few days after the membership card was issued, the boss ran away.
There is also the Yandu supermarket opposite the north gate, which is larger than this restaurant, and it has been open for less than a year, and the boss has run away. Like the beauty salon that ran away, I also do membership cards and recharge voucher cards, and now I still have one at home, which has more than 200 yuan, my wife regrets dying, always saying that I knew that the boss would run, and I knew that the supermarket would close, so I should go and spend the money in the card, no matter what I bought, whether I need it at home. ”
Han Chaoyang sighed: "There are risks in doing business, and it's normal to not be able to do it, but it's definitely not right to leave." ”
"In the end, there is a problem with the business environment, or the legislation is lagging behind. There are also enterprises in foreign countries that have closed down, why the boss does not run away much, the main reason is that the law is sound, and if you can't do it, you can file for bankruptcy. There are also laws and regulations on bankruptcy in China, but it is not so easy to go bankrupt. ”
"Director Zhang, what you said I found out that there are really not many bankrupt companies, as if only those large state-owned enterprises can go bankrupt. ”
"This also has something to do with the national situation, especially the thousand-year-old tradition, the concept of debt repayment is deep-rooted, and in the eyes of many people, bankruptcy is equivalent to default, even if the legislation can keep up with the implementation, it is difficult. ”
After all, I work in a university, and so many big truths can be deduced from a "small thing".
Han Chaoyang's level is limited, and he can't discuss such a national event, so he can only nod his head again and again.
He was sent to the security office, came out of the south gate of the school, and turned around at the gate of the Sixth Courtyard and returned to the police room.
Yu Zhenchuan was in the Tianxia restaurant, Lao Tang seemed to be at the scene, Grandpa Gu asked the people who came to report the case to pass, and there were only two officers on duty in the police room as usual.
"Chaoyang, the matter of the world's restaurants, what are they going to do with Xinyuan Street and Zhenchuan?" Zheng Xinyi asked curiously.
"How can this kind of thing be handled," Han Chaoyang walked into the case handling area, locked the police car key into the drawer, and turned around: "When I came back, I heard them say that I would go to the high-tech zone first to help find the boss surnamed Zhou, and I could find the best, and if I couldn't find it, I would do it according to the procedure." ”
"What program?"
"It is recommended that landlords, renovation companies, and suppliers who deliver food, food, oil, and alcohol should file a lawsuit in court, and that waiters, cooks, and handymen in restaurants report to the labor inspection brigade. It is impossible for the court not to accept it, and it is impossible for the labor and social security department to ignore it, at least at this stage, there is nothing to do with the Xinyuan Street Police Station. ”
"What do you mean by this stage?" asked Zheng Xinyi.
"If the business can't go on, you can close the door, but what's the point of running away, and you can't owe anyone the wages of migrant workers in the city!"
Thinking of the things he was mainly busy with during this compensatory leave, Han Chaoyang sneered: "The person surnamed Zhou thinks about things too simply, and he may not know that refusal to pay labor remuneration has been criminalized, and Article 2676 of the Criminal Law clearly stipulates: Whoever evades the payment of laborers' labor remuneration by means of absconding, or has the ability to pay but fails to pay laborer's labor remuneration, and the amount is relatively large, and fails to do so after being ordered by the relevant government departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine;
A person who has only studied the law on public security penalties and the police law actually talks about the provisions of the criminal law.
Zheng Xinyi was very surprised, and asked suspiciously: "Is it really fake?"
Han Chaoyang really didn't know about the other articles of the Criminal Law, and this article was very impressive, because he was busy with this matter a few days ago, and said very seriously: "What am I lying to you for?"
"How can you determine that the amount is larger?"
"There are corresponding judicial interpretations, as if it is a refusal to pay a worker's labor remuneration for more than three months and the amount is between 5,000 and 20,000 yuan, or a refusal to pay the labor remuneration of 10 or more workers, and the cumulative amount is between 30,000 and 100,000 yuan. According to the judicial interpretation, each province has specific standards for the amount in light of the actual situation of each locality, and our province refuses to pay one laborer's labor remuneration for three months and the amount is more than 10,000 yuan, or refuses to pay the labor remuneration of ten laborers with a cumulative amount of more than 60,000 yuan. ”
Han Chaoyang paused, and said confidently: "No matter how you calculate it, the surname Zhou has reached a 'large amount'. After receiving the case, the labor inspection brigade will first investigate and verify, and then send him an official document ordering payment or post a copy at the door of the hotel, regardless of whether he can see it or not, if he still refuses to pay within the specified period, he can hand it over to our public security organ for investigation in accordance with the procedure. ”
"That's amazing!"
Only then did I know that if it weren't for the crime of refusing to pay labor remuneration, how could it be so easy to ask for the wages of migrant workers in the past two years. Although there is a lot of controversy about the criminalization of refusal to pay labor remuneration, especially in practice, I think that criminalization is a good thing, and the law is not to protect the vulnerable. ”