Jiangsu Jiangyin Use Of Cotton Mill Mysterious Bankruptcy Suddenly Layoffs Were Complained

Since February 2012, journalists have repeatedly received the use of Jiangyin.

Brief history of company

Letter of interpretation issued by the people's Court of Jiangyin Municipality

The company went bankrupt without any reason, and the employee's prosecution was refused by the court.

The staff representative told reporters that before the Spring Festival of 2009, the company with one thousand employees had been operating normally. After the Spring Festival, it suddenly told him not to go to work. In March 30, 2009, the Jiangyin Municipal People's court accepted the bankruptcy application of the company, the applicant used the company's non creditor, and in March 31, 2009, the company unilaterally terminated all the workers' labor contracts.

The workers thought that the company was bankrupt, and had a great conflict with the company. They had alerted hundreds of explosion-proof policemen. Finally, the workers were forced to receive the economic compensation.

Since then, workers have been negotiating with the bankruptcy administrator Jiangsu Binjiang law firm, Jiangyin people's court, Jiangyin general trade union and other departments, hoping to make full use of the company's assets and liabilities.

Using the old factory area

The reporter interviewed was informed that in November 17, 2011, the company employees representatives used the company's illegal termination of the labor contract to pay compensation for the cause of the Jiangyin labor arbitration committee for arbitration.

In November 28, 2011, he filed a lawsuit with the people's Court of Jiangyin on the same grounds.

In December 20, 2011, the people's Court of Jiangyin responded to the lawsuit and refused to accept it. It was made in the form of a letter of interpretation rather than a civil adjudication.

In January 10, 2011, the company's staff representatives appealed to the Wuxi intermediate people's Court on the ground that the people's Court of Jiangyin refused to accept the case. The reply of the Wuxi intermediate people's court was that, since it was not a civil ruling, the appeal could not be appealed and could only be coordinated, but there was no movement afterwards.

After the Jiangyin people's court accepted the application for bankruptcy, the bankruptcy administrator Jiangsu Binjiang law firm was responsible for handling subsequent liquidation and resettlement of employees.

World Wide Web reporter interviewed Jin Yan, the head of Binjiang law firm. The official said that the liquidation work was basically completed, because some employees were not satisfied with the resettlement results and appealed to the Jiangyin Municipal People's court.

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The old factory area has been pformed into an exhibition hall, China.

The reporter asked why the Binjiang law firm acted as the bankruptcy administrator after bankruptcy. What is the standard of resettlement for employees? Is the Jiangyin people's court hearing the lawsuit of employees? The person in charge said that whoever took over the follow-up work after bankruptcy was "Yaohao" and "just shook the Binjiang law firm".

The resettlement of employees is carried out according to the law of labor contract according to law and has not yet been received by the court.

Reporters then interviewed Huang, director of the Jiangyin people's court research office, to inquire about the progress of the case and verify the statement of the person in charge of the law firm in Binjiang. The answer was: unwilling to accept a telephone interview with reporters, the case is still being tried, and the specific question is not clear enough to allow reporters to interview the president of the two court in charge of the case.

It is also responsible for handling the work of coordinating the staff and workers in the company bankruptcy cases, and the Jiangyin Federation of trade unions. The reporters answered the phone many times, but they were all answered by the same person.

Use the company's new factory staff apartment

Is the company's application for bankruptcy bankrupt of employees? The people's Court of Jiangyin City cracked the case.

The staff representatives reflected that after repeated representations, they learned the following news from the bankruptcy administrator: 1.

Workers believe that the use of the company and the Jiangyin people's court to hear bankruptcy cases are illegal.

First, using the company to terminate the labor contract illegally, using the company to terminate the labor contract unilaterally, the legal basis for its termination is the forty-fourth provision of the labor contract law.

However, the termination of the six statutory labor contracts involved in the regulation does not accord with one company.

Secondly, workers think that the people's Court of Jiangyin has deprived them of their litigation rights.

Because the people's Court of Jiangyin city made an "inadmissibility" in the litigation of employees.

In accordance with the 140th provision of the civil procedure law, "inadmissibility" should be made in the form of a "ruling", and the parties may file an appeal to a higher level people's court according to law, thus causing employees to no longer appeal to the intermediate people's Court of Wuxi.

The people's Court of Jiangyin has such a violation of the law to deal with the lawsuits of employees.

According to the circumstances of the case, the reporter interviewed lawyer Ding Jiuyang of Jiangsu Suze law firm, and Ding lawyer read three aspects:

First, in the absence of the statutory termination or termination of the affairs stipulated in the labor contract law and the labor law, the employer wants to terminate or dissolve the labor contract. It is necessary to obtain the consent of the staff and workers, to terminate or dissolve the labor contract by negotiation, and the enterprise entering into the bankruptcy procedure is no exception.

Secondly, if the labor contract can not be terminated in advance, after the court accepts the bankruptcy application and the date of declaration of bankruptcy, the enterprise should pay workers' wages and help them to pay social insurance.

Thirdly, the 140th article of the civil procedure law clearly stipulates that the people's court shall not accept the "admissibility", it should be made in the form of "ruling", and at the same time stipulates that the "Adjudication" of "inadmissibility" can be appealed to the people's court at a higher level.

The "interpretation letter" is not the legal form of the people's court for civil action, which is stipulated in the civil procedure law and its judicial interpretation.

According to the interpretation of lawyers and the progress of the case, the representatives of the staff and workers are doubtful: if the company applies to the court for bankruptcy, more than one thousand employees are both employees and shareholders should have the right to know. The company should unilaterally terminate all the employees' labor contracts, who will safeguard the interests of employees? Why does the Jiangyin people's court respond to the action of the employees "refuse to accept"? Why not make use of the details of assets and liabilities in the liquidation process of the company? Why is the Jiangyin people's court coping with the lawsuit of the employees in the legal form of the letter of interpretation rather than the civil ruling?

In response to these doubts, the Jiangyin Municipal People's court has not yet made a positive explanation.

What will be the progress of the case? How does the Jiangyin people's court question the workers? The World Wide Web will continue to pay attention to this case.

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Data link

The original Jiangyin Utilization Company:

The original Jiangyin cotton spinning and Weaving Co., Ltd. (formerly Jiangyin used the cotton mill) was set up in 1901. It is one of the earliest cotton mills in Jiangsu province.

The company covers an area of 260 Mu and a building area of 95 thousand square meters.

The company has 80 thousand ring spinning, 2384 rotor spinning, 84 air-jet looms, 100 rapier looms and 300 workplaces for garment production lines.

It produces 15 thousand tons of yarn, 11 million tons of grey cloth and 2 million 500 thousand pieces of knitted garments each year.

The company has 2300 employees, including more than 100 scientific and technological personnel and 300 skilled workers.

It has developed into a large two types of textile enterprises with the right of import and export.

Over the past 10 years, the company has invested more than 1 hundred million of its total investment, and has implemented several large-scale technological pformation projects.

Since it gained the right to import and export in 1996, it has earned more than ten million dollars in successive years, and its products have been exported to the United States, Japan, New Zealand, Turkey, Russia, the European Union, Southeast Asia and other countries and regions.

The company has won the award of "quality management award" and "science and Technology Progress Award" in Jiangsu province.

In 1993, it was appraised as "quality and efficiency advanced enterprise" by the National Textile Association.

In 2002, the company passed the ISO9001:2000 quality management system certification.

(data from network)

Relevant laws and regulations:

140th articles of Civil Procedure Law

The "ruling" applies to the following areas:

(1) refuse to accept;

(two) dissenting jurisdiction;

(three) dismiss the action;

(four) property preservation and prior execution;

...

An appeal may be made for submission (1), (two) and (three) of the preceding paragraph.

Article forty-first of the labor contract law:

If one of the following situations is required to reduce more than twenty personnel or to cut down less than twenty people, but accounts for more than ten percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all the staff thirty days in advance, and after listening to the opinions of the trade union or the staff, the personnel reduction plan can be reduced to the staff through the report to the labor administrative department.

Reorganization is carried out in accordance with the provisions of the enterprise bankruptcy law;

(two) serious difficulties in production and operation;

(three) the pfer of enterprises, major technological innovation or adjustment of the way of operation, and after the change of the labor contract, staff still need to be laid off.

(four) any other objective economic situation based on the conclusion of the labor contract has undergone major changes, resulting in the failure of the labor contract to be fulfilled.

Article forty-fourth of the labor contract law:

The labor contract shall be terminated in any of the following circumstances:

(1) the expiration of the labor contract;

(two) laborers begin to enjoy basic old-age insurance benefits in accordance with the law.

(three) the worker dies, or is declared dead or declared missing by the people's court;

(four) the employing unit is declared bankrupt according to law.

(five) the employer has been revoked the business license, ordered to close down, revoked or the employer decided to dissolve in advance.

(six) other circumstances stipulated by laws and administrative regulations.

Forty-eighth articles of the labor contract law

If the employing unit violates the provisions of this law to terminate or terminate the labor contract, if the worker requests to continue to fulfill the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfill the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation in accordance with the eighty-seventh provision of this law.

Eighty-seventh articles of the labor contract law

If an employer violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laborer in accordance with two times the economic compensation standard stipulated in the forty-seventh article of this law.

Twenty-fifth regulations on the implementation of the labor contract law

If the employer violates the provisions of the labor contract law, it terminates or terminates the labor contract, and the compensation is paid according to the eighty-seventh provision of the labor contract law, and no economic compensation is paid.

The calculation period of compensation shall be calculated from the date of self employment.