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Study on Legal Prevention of Malicious Wages

Author: TianQing
Tutor: ChenYeHong
School: Central China Normal University
Course: Economic Law
Keywords: malicious wage legal prevention legal sanction
CLC: D922.5
Type: Master's thesis
Year: 2012
Downloads: 128
Quote: 0
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Abstract


Payment for labor and the payment of remuneration respectively are the worker and the employer of the most basic legal obligations. However, many employers violate labor contract and legal laws and regulations and the deliberate arrears of labor wages, led to the laborer collective appeals for help, collective strike even Dutch act, and self-mutilation malignant events occur from time to time. The employing units the malicious wages act not only harm the workers maintain themselves and family members of the basic living right and property right, also harmed the social public order especially social labor management order. How to pass laws to prevent malicious acts on has the important theory significance and the practical significance.Different from general acts, the purpose of malicious wages is of illegal possession for labor remuneration, and deliberates labor remuneration. This kind of "intentional", was informed on purpose, including direct intention and indirect intention, namely knowing there would be laborer labor remuneration right the consequence of impaired, but hope or indulge in this consequence, ability to pay but refused to pay labors remuneration or through the behavior not to pay labor remuneration. When malicious acts on the amount involved is large, or involved in a large number of workers, or violated the laborer’s right to life, harm to social labor management order, is harmful to the society, it will constitute the crime of malicious wagesThe main legal reasons of malicious acts are:the employer and the worker legal status is not equal to baleful back pay; legal prevention mechanism is not perfect; the active government obligations as a vacancy; malicious wages are illegal cost is lower than the illegal income. Therefore, our country can be engaged before the legal prevention and legal sanctions two aspects respectively eliminate malicious on criminal motives.On the legal prevention of malicious wages should be legal prevention measures. First the government should take the protection of workers’interests as the fundamental, to prevent malicious on the establishment of legal philosophy and through realizing the idea as obligations; second, to develop "the owe-guarantee fund law", defined the owe-guarantee fund management institutions and their responsibilities, the owe-guarantee fund sources and payment procedures, the owe-guarantee fund advance and recovery procedures specific content; at the same time perfect enterprise salary payment credit mechanism, develop workable and reward system and disciplinary punishment system; finally, through perfecting the system of collective consultation on wages change both disparity of legal status, so that workers can join together to defend their legitimate rights and interests.In order to adhere to the principle of prudence and apology or criminal sanctions for malicious on the principle, it is necessary to civil sanctions and administrative sanctions, and criminal sanctions as a supplement to. In the civil sanctions, should cancel the labor arbitration procedure and improve the order of payment system, in order to worker’s actual loss as the major reference standard calculation of economic compensation, increase to baleful back pay penalty; in the administrative sanctions, focus on the implementation of "confiscated" sanctions, strict accountability of government investment projects the government’s administrative responsibilities; in criminal sanctions, defined the crime amount, crime serious cases,the amount of the fine and other issues, realizing the criminal legislative original intention

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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