On June 20, 2013, Human Resources and Social Security Department,, Higher People's Court, People's Procurator’s Office, and Public Security Department in Zhejiang Province jointly issued the “Opinions on strengthening the work of the connection between investigation and penalty on cases regarding refusal to pay labor remunerations” (hereinafter referred to as the “Opinions”).
The Opinions, which mainly involves procedural provisions, connects with Amendment (VIII) to the Criminal Law of the People's Republic of China and Interpretations of the Supreme People’s Court on Issues Pertaining to Application of Laws in the Trial of Criminal Cases Regarding Refusal to Pay Labor Remuneration (the “Interpretations”). For example, the human resources and social security departments shall supervise the payments of employers, accept the reports and complaints about default of payment of labor remunerations, refer in time the relative materials to public security departments at the same level and also send a copy to people's procuratorate office at the same level when discovering the criminal cases regarding refusal to pay labor in the investigation process of labor compensation cases about default of payment of labor remunerations. Upon receipt of the cases regarding refusal to pay labor remunerations, the public security departments should promptly review and decide on whether or not to file the case for investigation. The people's procuratorate office should supervise the filing, review and approval of arrest, review and prosecution of such case, etc. The people's courts should accept and hear disputes over default of payment of labor remunerations in a timely manner.
KWM Comments: The Opinions mainly involves procedural provisions in connection with the Amendment (VIII) to the Criminal Law and the Interpretations. The employers in Zhejiang Province should pay attention to pay remuneration in full and in a timely manner, and duly deal with related matters.