Labor law gets new teeth

The Supreme People's Court released a judicial explanation Tuesday on the circumstances under which failure to recompense workers constitutes a crime.

Experts said that although actual legal procedures are still a difficult last resort, the explanation would clear up previous legal confusions, protect labor rights and deter problematic employers.

Based on the eighth amendment of the Criminal Law, introduced in 2011, the judicial explanation specified that employers who deliberately evade or refuse an individual worker three months of wages worth between 5,000 to 20,000 ($804 to $3,216) yuan, or at least 10 workers more than 30,000 to 100,000 yuan, will be ordered to pay by labor administrative agencies or judicial organs. Those who still fail to pay may be sentenced to up to three years in prison and be severely fined.

The law also stated that if the misconduct causes "serious consequences," the sentence will be increased by up to seven years plus fines.

Such consequences are defined as causing workers or their dependents to drop out of school or miss critical medical treatment, or if the failure to pay causes other life-disturbing situations.

Migrant workers' wages are often paid in bulk before the Spring Festival holiday, which starts February 9 this year, and labor disputes are frequent in the run-up to the vacation.

"The new explanation will strengthen the legal power by providing clear definitions and including more forms of misconduct that were not considered a crime before," said Yan Heyu, a Beijing-based lawyer specializing in labor disputes.

Yan told the Global Times that the explanation had several highlights. First, bonus, allowance and overtime payment is also counted as "labor payment," second, tampering with payment related documents including rosters and wage records will also be counted as "evading payment," and third, violent treatment or threats to workers who ask for payment will also be taken as "serious consequences."