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Hunan the first malicious Wages sentencing shop boss jailed

's Court of First Instance sentenced, Zouding You guilty of refusing to pay the labor remuneration convicted, sentenced to 1 year and 6 months and fined 40,tory burch,000 yuan, a one-time payment of 22 labor remuneration of workers, telephone and traveling expenses 120 000 174 yuan. It is reported that Hunan Province, the first case of refusal to pay labor remuneration case. The boss is unable to pay wages on foot, 40-year-old Zouding You Shaoyang people, in February 2009, he and his brother lease Zhuzhou City, Longquan Road, a store run unknown garment factory, employing more than 20 workers,abercrombie france. In July 2011, the garment factory by the Zouding You alone business. Luomou Packers clothing factory, receive a fixed remuneration of 2,hollister,000 yuan per month. The Liu, Tangmou all processing in the factory clothes, remuneration is calculated based on the the clothing different unit price and delivery quantity. Lee, Yang et al responsible for the factory cutting good fabric to take back the processed into finished products, in addition to the normal payment for each dress the part of the utilities and site fees subsidies. On the 16th of each month, Zouding You to above personnel issued last month's remuneration. Unexpectedly, last year, at 4 o'clock on December 6th, the sleeping workers was awakened by a burst of noise. Got up and found the factory machines have been evacuated, and even the kitchen dishes and briquettes the rest did not,tory burch outlet. Not long after, received the Zou Dingyou phone, Zou said own business loss of more than 40 million, has ran Guangzhou, Liu went to the factory to get some valuable stuff arrived in the garment factory clothes Dingzhu sub Ryu owed more than 10,000 yuan processing fees. Ryu edgy rush, factory in addition to a few old-processing machine, nothing. The night before the incident, the factory is still brightly lit started Garment. Until late at night, after the employee from work to rest, Zouding You hire people to car away motorcycles,abercrombie, washing machines and other valuables after the family fled Zhuzhou, after the fifth floor of a private houses placed near Huaihua Second, their phone has been unable to connect or shutdown state. "The boss is on foot." Employees immediately reported to the labor security supervision department, the alarm at the same time. After that, the labor department will be a deadline for rectification letter of instruction issued to Zouding You Shaoyang home sign for his father, did not hear back until the deadline. The case was handed over to the the Lusong Public Security Bureau Longquan police station on file for investigation. January 11 this year, Zouding You in Huaihua by security officers arrested for examination, he said that the books lost in the escape and hide in the process of recording employee labor remuneration. Zou admitted due to the wage issue, but insisted that money. He was subsequently arrested for the crime of malicious Wages criminal detention, the prosecution refused to pay Zouding You commit the crime of labor remuneration to Lusong court prosecution. According to the prosecution to identify, on November 27 last year, to repay their brother debt grounds, Zouding You let his wife be returned by bank transfer brother 60,000 yuan. In for to avoid collective discuss new employees due to the Spring Festival approaching, Zouding You decided to secretly moved with his family. The focus of the trial: whether the defendant malicious Wages Recently, the the Lusong Court of Zouding You refused to pay labor remuneration case of first instance verdict. The trial, the prosecution and the defense dispute focused on whether the: Zou Dingyou behavior constituted the crime of refusing to pay labor remuneration Court, public prosecution Zouding You challenge, "Lee, who is I go back and get material processing,abercrombie paris, owed by the contract fee rather than wages; and I did not receive the labor department within a time limit instruction book. "He therefore that they do not constitute the crime of refusing to pay labor remuneration. Zouding You defense lawyers argued that Zou's conduct did not constitute the crime of refusing to pay labor remuneration, "he does not have the main qualifications of the employer, no labor relationship between the case of victims, but processing contract relationship owed for processing contract fee this case the presiding judge Yang Xinghua said, the crime of refusing to pay labor remuneration refers to the transfer of assets or go into hiding to evade the payment of remuneration to the workers or the ability to pay rather than pay workers compensation, the amount is relatively large,hollister, the Government relevant departments ordered to pay but refuses to pay Zouding You behavior had constituted the crime. The labor department in the case of Zouding You abscond, within a time limit instruction book served to the close relatives of the accused, is in line with the relevant laws and regulations. "Clothing factory operated by the defendant fixed plant, machinery, a certain number of employees, and the wages are paid on a regular basis, although not legally registered,oakley lunettes, but should belong to the scope of the employer and his implementation of the behavior of refusing to pay labor remuneration, in line with this crime the main elements of crime. incidental civil plaintiff labor 22 accused Zouding You opened a clothing factory major part of the business, and the long-term, they just have a garment processing, packaging skills, wage income to maintain their own survival ordinary workers do not have the conditions and qualifications as a garment processing contract. Zouding You Quantity qualified by processing payment of remuneration to the worker, workers receive a piecework wages,abercrombie france, rather than processing contract fee. They Zouding You paid labor contract relationship with the defendant Zouding You are not processing, the two sides form a de facto labor relations. "Yang Xinghua commentary, Zouding You would have mastered the books of the calculation of labor remuneration, but evidence is lost because of their escape and hide behavior, they should bear the adverse consequences, finds that the amount of the amount of monies owed to the labor department, to achieve a" large amount " standards. Wages boss jailed for a year and a half Additionally, Zou Dingyou payment of wages to 22 employees filed criminal incidental civil action,piumini moncler, requesting an order Zouding You pay wage arrears totaling 119,174 yuan, 59,587 yuan compensation for lost income, costs, compensation for recourse wages incurred telephone charges, meals, transportation fees, materials fees, a loss of 2,000 yuan,abercrombie pas cher, 220,000 yuan compensation for moral damages solatium, a total of 400,761 yuan. incidental civil plaintiff claims brought Zouding You said only willing to take on 1000 yuan. trial, the admissibility of an incidental civil action meets the legal requirements to become another controversial presiding judge pointed out that Yang Xinghua, refused to pay labor remuneration case review process in accordance with the relevant provisions of the country, the public security organs, the People's Procuratorate, the People's Court can tell worker has filed criminal incidental civil rights, so that the case involves the scope of the criminal incidental civil. raised the case to be accepted there is no legal basis for an incidental civil defense advice of counsel,mulberry outlet, the court inadmissible. identified by the court and found Zouding You refused to pay the the labor compensation charges and was sentenced to 1 year and 6 months and fined 40,000 yuan; Ryu 22 incidental civil plaintiff labor remuneration, telephone charges a one-time payment of one month after the effective date of this judgment, traffic costs, material costs, totaling $ 120,000 zero-174,moncler; dismissed other claims incidental civil plaintiff learned that since May 1,longchamp, 2011 Amendment to the Criminal Law of the People's Republic of China (8) "official purposes, and refused to pay labor remuneration into the Criminal Punishment of the the outstanding wages evil "weapon". specimens significance as the province's first malicious Wages case, Zhuzhou Lusong District Court judgment on the acts of malicious wages prevalent in society from to a significant deterrent and educational role.</p>

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