XTEP Closed Shop After The Tide, Or Again With The Former Employees.
< p > a lawyer pointed out that the dismissed employee had to go through the labor arbitration committee to arbitrate. If he refused to accept the arbitration result, he could proceed to the court again.
< /p >
XTEP, P, recently launched a lawsuit against the store's brand, which caused the shop to rush.
According to the latest news, XTEP Guangzhou branch has closed the shops of Guangzhou branch because of its relocation to Xiamen. Due to the fact that more than 40 employees are unable to move, the company is required to pay the arrears and provide corresponding compensation schemes.
According to calculation, XTEP owes more than 40 employees 1 million 500 thousand yuan overtime and 1 million 800 thousand yuan social security fee, totaling 3 million 300 thousand yuan.
< /p >
< p > at present, both XTEP and its employees have indicated that they should be resolved through legal channels.
Regarding this, Yang Zhaoquan, a lawyer of Beijing law firm, told reporters that the employees applying for compensation must first go to the Labor Arbitration Commission for arbitration. If they refuse to accept the arbitration result, the employee may proceed with the court again.
< /p >
< p > to understand the latest progress, the reporter called the relevant departments of XTEP to inquire and wait for a reply, but until the day of issue, XTEP did not respond.
< /p >
< p > < strong > labor arbitration 39 days countdown > /strong > /p >
Less than P, since last year, the six major sports brands in China have become the focus of the market, and XTEP has pulled out other side effects because of its failure to cause the company to fall into the "gate of arrears".
< /p >
< p > according to public information, XTEP Guangzhou branch began to move in February 20th, of which 40 employees said they could not move with the company for personal reasons. They hoped that the company would pay the arrears and give corresponding compensation plans, but no reply was received.
According to the layoff workers, the amount of compensation awarded by the company is less than half of what the company should pay.
In order to recover compensation, these employees had to turn to lawyers for labor arbitration.
< /p >
< p > according to Yang Zhaoquan's lawyer, the wages owed are labor disputes. Therefore, it is necessary to go through the arbitration of the labor arbitration committee and submit relevant evidence.
Yang Zhaoquan lawyer also told reporters: "if you refuse to accept the arbitration result, you can proceed with the court."
< /p >
Wang Zhiyu, XTEP's international human resources director, said P had already reached an agreement with most of the employees who understood the company.
According to the latest reports, the agreement signed by the company requires employees to confirm that there is no other unsolvency obligation other than the obligations under this agreement.
It is irrevocable to renounce all the claims and litigation rights against the other party based on the labor relations between the two parties, such as loans or other deductions, which should be liquidated at the time of departure.
< /p >
< p > for this agreement, Yang Zhaoquan lawyer told reporters: "as long as this agreement is signed, it means that the rights and obligations of both parties have been cleared up, and there is no debt and debt relationship.
Employees who sign the agreement will not be able to initiate litigation or arbitration. "
It is understood that at the time of the 36 employees who requested compensation, only 16 people entered the arbitration process when the Arbitration Commission filed the case in April 15th.
< /p >
In the face of labor arbitration, XTEP does not seem to be nervous. Wang Zhiyu, director of international human resources, said publicly that "we are a listed company. Now that they have already sought a lawyer, they intend to take the legal way, so we can solve it through a formal legal way". P
< /p >
< p > why is XTEP so strong because XTEP is a listed company without fear of being dismissed by the employees or for other reasons? "Arbitration is mainly based on the evidence provided by both sides, not because XTEP is a listed company."
Yang Zhaoquan said the company's bottom line may be due to no delinquency.
< /p >
< p > < strong > insurance life is not enough < /strong > < /p >
< p >, is XTEP really in arrears? < /p >
< p > a veteran employee who works for XTEP for seven or eight years has revealed to the media that about 100000 of the compensation company only gives about eighty thousand.
Not only that, the employee had worked for XTEP in the name of "office" before the establishment of XTEP Guangzhou branch in 2010, but the company did not pay their social security payments before September 2011.
< /p >
< p > "if the employees mentioned above are true, it shows that the life of XTEP insurance is not enough." Yang Zhaoquan lawyer told reporters: "the time for the company to pay social security for employees should be hired from the company and signed in the labor contract period."
< /p >
< p > according to the above staff, until September 2011, XTEP paid pension insurance and provident fund for employees in accordance with the minimum wage per person's monthly wage of 2200.
Moreover, even if the employees earn ten thousand yuan, the company will pay the lowest standard.
< /p >
< p > for XTEP's payment of social security according to the minimum standard, lawyer Yang Zhaoquan said it was unreasonable.
He said that the margin should be paid according to the actual income, that is to say, pay the social security fund on the basis of wages other than company welfare.
"If the company fails to pay the social security fund according to the actual income, the company should pay it back."
< /p >
< p > according to XTEP employees, there are less than 40 employees who are not relocating at present, and less than 20 people are living on the same day. They are waiting for the labor arbitration in May 30th.
< /p >
< p > for this arbitration, Yang Zhaoquan lawyer said that the key is to see whether there is any relevant evidence, such as overtime evidence and social security evidence.
"The evidence of social security needs to combine wage and labor contracts."
< /p >
< p > according to XTEP's 2012 annual report, as of December 31, 2012, the total number of XTEP brand retail stores was 7510, compared with 7596 in 2011, a net decrease of 1.1%.
The company said retail outlets were mainly located in remote areas and their business was not ideal.
At the same time, XTEP also said that in 2013, the company intends to further integrate 100 to 200 retail outlets with remote locations and unsatisfactory business.
< /p >
< p > the annual report from XTEP shows that the company closed at least 86 stores in 2012.
At present, XTEP's layoff accused is only a branch in Guangzhou, and similar incidents have not yet been reported in other closed areas.
In order to further verify, the reporter recently called XTEP headquarters and was told that the company replied, but as of press release date, the reporter has not yet waited for XTEP's reply.
< /p >
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