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China Supreme People's Court Interprets Rules Imposing Criminal Liability On Escaping Boss

A capable employer who refuses to pay or escapes may face imprisonment as long as seven years.

Employers in China who withhold workers' pay will face up to seven years in jail, according to an amendment to the nation's criminal code adopted at the 19th Session of the 11th National People’s Congress during late February. The crucial elements of the amendment include revisions to Article 276(1) of the Criminal Code to make intentional withholding of wages a criminal offense. The amendment defines the crime as follows:

1.The company has the means with which to pay the wages.
2.The company intentionally withholds payment of wages by either refusing to pay or by transferring assets to escape liability for payment.
3.The situation is serious or the effects are severe.

Today, the Supreme People's Court of China interprets the amount of payments to be RMB5,000 - 20,000 for a single employee and RMB30,000 - 100,000 for ten employees.

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