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Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Human Resources and Social Security, and the Ministry of Public Security on Strengthening the Investigation and Handling of Cases on Refusal to Pay Labor Remuneration [Effective]
最高人民法院、最高人民检察院、人力资源和社会保障部、公安部关于加强对拒不支付劳动报酬案件查处工作的通知 [现行有效]
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Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Human Resources and Social Security, and the Ministry of Public Security on Strengthening the Investigation and Handling of Cases on Refusal to Pay Labor Remuneration 

最高人民法院、最高人民检察院、人力资源和社会保障部、公安部关于加强对拒不支付劳动报酬案件查处工作的通知


(No. 3 [2012] of the Ministry of Human Resources and Social Security)
 
(人社部发[2012]3号)


The higher people's courts, the people's procuratorates, the departments (bureaus) of human resources and social security and the departments (bureaus) of public security of all provinces, autonomous regions and municipalities directly under the Central Government; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; and the People's Procuratorate, the Human Resources and Social Security Bureau and the Public Security Bureau of Xinjiang Production and Construction Corps:
 
各省、自治区、直辖市高级人民法院、人民检察院、人力资源社会保障厅(局)、公安厅(局),新疆维吾尔自治区高级人民法院生产建设兵团分院,新疆生产建设兵团人民检察院、人力资源社会保障局、公安局:

To carry out the provisions of the Amendments (VIII) to the Criminal Law of the People's Republic of China on the crime of refusing to pay labor remuneration, to improve the system for the linkages between the law enforcement of labor security supervision and criminal justice, enhance the crackdown on acts of refusing to pay labor remuneration and infringing upon the rights and interests of employees, effectively protect the legitimate rights and interests of employees, and maintain social fairness and justice, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, and other laws and regulations, a notice is issued as follows regarding the matters on further strengthening the investigation and handling of cases on refusing to pay labor remuneration and the transfer of such cases to judicial authorities:
 
为贯彻执行《中华人民共和国刑法修正案(八)》关于拒不支付劳动报酬罪的规定,完善劳动保障监察执法与刑事司法衔接制度,加大对拒不支付劳动报酬、侵害劳动者权益行为的打击力度,切实维护劳动者合法权益和社会公平正义,根据《中华人民共和国刑法》、《中华人民共和国刑事诉讼法》、《行政执法机关移送涉嫌犯罪案件的规定》等法律法规的有关规定,现就进一步加强涉及拒不支付劳动报酬案件查处和司法移送工作通知如下:

 
I. Unifying ideas, attaching particular attention to the legal investigation and handling of cases on refusing to pay labor remuneration and the transfer of such cases to judicial authorities, and severely punishing illegal and criminal acts in the labor security field   一、统一思想认识,高度重视拒不支付劳动报酬案件依法查处和司法移送工作,严惩劳动保障领域违法犯罪行为

At present, some enterprises and individuals, even though they have the affordability, refuse to pay labor remuneration to employees, and some of these enterprises and individuals evade the payment of labor remuneration to employees by methods such as transferring property or going into hiding, which has caused difficulties in the lives of some employees, and even led to class incidents, seriously infringed upon the legitimate rights and interests of employees and affected social harmony and stability. Punishment in accordance with law for the illegal and criminal acts of refusing to pay labor remuneration and protection of the legitimate rights and interests of employees are of vital importance to resolving social contradictions, maintaining social harmony and stability, and promoting fairness and justice. The establishment of a system for linkages between the law enforcement of labor security supervision and criminal justice is an important guarantee for the performance of functions according to law and the protection of the legitimate rights and interests of employees, as well as an inevitable demand for severely cracking down, in accordance with law, on the illegal and criminal acts of refusing to pay labor remuneration. The people's courts, people's procuratorates, human resources and social security departments and public security organs at all levels shall further unify their ideas, attach great importance to and fully recognize the seriousness and harm of such illegal and criminal activities, enhance their political sense of responsibility, closely divide work and cooperate, legally transfer, investigate and handle suspected criminal cases on refusing to pay labor remuneration, investigate and handle typical cases in a timely manner, effectively crack down on the criminal acts of refusing to pay labor remuneration, maintain the authority of law, protect the legitimate rights and interests of employees, and promote harmonious and stable labor relations and social fairness and justice.
 
当前,个别企业和个人有的有能力支付而不支付劳动者劳动报酬,有的通过转移财产、逃匿等方法逃避支付劳动者的劳动报酬,致使一些劳动者生活陷入困境,甚至引发群体性事件,严重侵害了劳动者的合法权益,影响社会和谐稳定。依法惩治拒不支付劳动报酬违法犯罪行为,保护劳动者合法权益,对于化解社会矛盾,保障社会和谐稳定,促进公平正义具有重要作用。建立劳动保障监察执法与刑事司法衔接工作制度是依法履行职责、捍卫劳动者合法权益的重要保证,是依法严厉打击拒不支付劳动报酬违法犯罪行为的必然要求。各级人民法院、人民检察院、人力资源社会保障部门、公安机关要进一步统一思想,高度重视,充分认识此类违法犯罪活动的严重性、危害性,增强政治责任感,密切分工协作,依法移送和查处拒不支付劳动报酬涉嫌犯罪案件,及时查办一批典型案件,有力打击拒不支付劳动报酬的犯罪行为,维护法律权威,保障劳动者的合法权益,促进劳动关系和谐稳定与社会公平正义。

 
II. Effectively performing functions and legally investigating and handling illegal and criminal cases on refusing to pay labor remuneration   二、切实履行职责,依法查处拒不支付劳动报酬违法犯罪案件

The human resources and social security departments, public security organs, people's procuratorates and people's courts shall, according to the relevant provisions, diligently investigate, transfer and handle suspected criminal cases of refusing to pay labor remuneration, review and approve arrests, prosecute and hear such cases, enhance case-handling efficiency as much as possible, and provide notice on the relevant information in a timely manner.
 
人力资源社会保障部门、公安机关、人民检察院、人民法院要按照有关规定,认真做好拒不支付劳动报酬行为涉嫌犯罪案件的调查、移交、侦办、审查批捕、审查起诉和审判,尽可能提高办案效率,并及时将有关情况进行通报。

The human resources and social security departments shall, in accordance with law, supervise and inspect employer's compliance with labor security laws, regulations and rules, supervise employer's payment of labor remuneration through various inspection methods, and accept any tip-offs and complaints regarding overdue labor remuneration. Where, upon investigation, the facts on the illegal act are clear and the evidence is conclusive, the human resources and social security department shall, in a lawful and timely manner, order the employer to pay labor remuneration to the employees. Where the person goes into hiding, the human resources and social security department may post the payment order at such person's place of residence, office, site of production or business operations or the place where a related construction project is located, or adopt other appropriate methods such as serving the payment order upon the manager of the person's entity or the person's close relative. For a suspected criminal case, the human resources and social security department shall, according to the requirements of the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, verify case facts, report the facts to the person in charge of the department, prepare a Document on the Transfer of a Suspected Criminal Case upon the approval of the aforesaid person, transfer the case to the public security organ at the same level within the prescribed time limit, and send a copy to the people's procuratorate at the same level for record.
 
人力资源社会保障部门要依法对用人单位遵守劳动保障法律、法规和规章的情况进行监督检查,通过各种检查方式监督用人单位劳动报酬支付情况,依法受理拖欠劳动报酬的举报、投诉。经调查,对违法事实清楚、证据确凿的,应当依法及时责令用人单位向劳动者支付劳动报酬。行为人逃匿的,人力资源社会保障部门可以在行为人住所地、办公地点、生产经营场所或者建筑施工项目所在地张贴责令支付的文书,或者采取将责令支付的文书送交其单位管理人员及近亲属等适当方式。对涉嫌犯罪的案件,应按照《行政执法机关移送涉嫌犯罪案件的规定》的要求,核实案情向本部门负责人报告并经同意后制作《涉嫌犯罪案件移送书》,在规定期限内将案件向同级公安机关移送,并抄送同级人民检察院备案。

The public security organ shall conduct examination in a lawful and timely manner and decide whether to file a suspected criminal case on refusing to pay remuneration as transferred by the human resources and social security department. Where the public security organ deems that criminal facts exist and that criminal liability is to be pursued, it shall file the case according to law, determine the criminal facts in a timely manner, accurately apply the law for the punishment of crimes, and protect the legitimate rights and interests of employees from infringement.
......
 
公安机关对人力资源社会保障部门移送涉嫌犯罪的拒不支付劳动报酬案件,应依法及时审查决定是否立案。认为有犯罪事实,需要追究刑事责任的,依法立案,并及时查明犯罪事实,正确运用法律惩罚犯罪,保障劳动者的合法权益不受侵害。
......

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