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近年来,恶意拖欠劳动者报酬的事件频发。用工单位对于提供劳动的劳动者支付劳动报酬本应是天经地义的事情,也是我国《宪法》和劳动法律明文规定的。但是,一些个别的用人单位却以各种理由和方式逃避这一义务,不仅影响了正常的用工秩序,也为社会增加了不稳定因素。因此,今年2月25日,《刑法》修正案(八)通过全国人大常委会的表决,首次将“恶意拖欠”劳动者报酬行为纳入《刑法》规定。增加的这一规定,将成为劳动者得到劳动报酬的强有利保障,也将成为劳动保障监察部门依法行政的有利保证。本文针对《刑法》修正案(八)欠薪罪实施中的界定和操作谈些个人观点。
In recent years, there have been frequent instances of malicious repayments of laborers’ remuneration. Labor units should pay labor remunerations for laborers who provide them with labor, which should be justly given to the people, as well as the express provisions of our Constitution and labor laws. However, some individual employers have evaded this obligation in various reasons and ways, not only affecting the normal employment order but also adding to the instability in society. Therefore, on February 25 this year, the amendment to the “Criminal Law” (8) adopted the “criminal law” for the first time through the voting by the Standing Committee of the National People’s Congress. The increase of this provision will be a powerful guarantee for laborers to receive remuneration for work and will also be a favorable guarantee for the administration of labor security supervision according to law. This article aims at the amendments to the Criminal Law (8) the definition and operation of the implementation of wage offense to talk about some personal point of view.