2011-02-23 15:22

BEIJING - Chinese employers who intentionally withhold their workers' pay will face up to three years in jail, according to a draft amendment to China's Criminal Law.

The amendment, submitted for the third reading Wednesday, targets employers who conceal assets or flee, and those who refuse to follow government labor department orders.

Those convicted of more "serious consequences" could face jail terms of three to seven years, according to the bill tabled at the bimonthly session of the Standing Committee of the National People's Congress (NPC).

Those convicted could be fined too although lawmakers have yet to detail the fines.

The item is aimed at discouraging wage defaulting, particularly against migrant workers, which has become a prevalent problem in recent years, especially in labor-intensive small and medium-sized business such as construction, garment-making and catering.

According to government figures, about 242 million rural residents were working in cities by the end of 2010. Many had no employment contracts and faced difficulties collecting their wages from employers.

The Labor Law, which took effect in 1995, stipulates that government labor departments can intervene in wage default cases, order employers to pay and impose fines, but defaulting on wage payments is not listed as a crime in the current Criminal Law.