Yangzhou Gaoyou Clothing Enterprise Distress Topic: Government Request Deposit Margin

< p align= "center" > < img align= "center" alt= "" src= "/uploadimages/201402/23/20140223080740_sj.JPG" border= "0" / "> /p > < > >" to hire workers, we must first pay a deposit. " Recently, some "a href=" http://www.91se91.com/ "target=" _blank "clothing > /a" in Gaoyou, Yangzhou, encountered difficulties. < /p > < p > in order to prevent the boss from running, the workers can not get the wages. The local government requires the enterprises to deposit the wage margin before they can start the work. However, for the small and medium enterprises with limited liquidity, they can not afford to pay 3000 yuan to 6000 yuan per worker. In the spring of 2014, many garment enterprises in Gaoyou went out of business, < /p > P. < /p > < p > strong > skilled workers do not go to work. This year's quotations are a little strange. < /strong > < /p > < p > Gaoyou is a famous city of China's down garment processing. It has a Bosideng down garment processing base and more than 400 kinds of garment processing enterprises. < /p > < p > in the Gaoyou Economic Development Zone, the clothing enterprises are next to one. But when the modern express reporter arrived in February 20th, they found that most of the enterprises did not start work, but they were all middle-aged women who were asking and chatting. Most of them are skilled workers in the clothing industry. They must look at the quotations first this year. < /p > < p > "most of the enterprises have not started, so we have to consider the market." A woman worker said. < /p > P > the so-called quotations is a custom established by the local clothing industry practitioners. The reporter has learned that in previous years, there will be a wave of recruitment in Gaoyou after the Spring Festival. In order to ensure the quantity and quality of the workers, the local enterprises often issue 2000 yuan -3000 yuan wages, and the enterprises that are not preissued are hard to recruit. < /p > < p > "strange, this year is not only a small number of recruiting workers, but no one has made mention of money." There are women workers who say that they are all probing and watching because of this. < /p > < p > strong > cash, we must first consider the "margin" /strong < < /p > P > enterprises do not start work, because this year Gaoyou launched an industry regulation action. < /p > < p > Liu Jun, a boss of a clothing enterprise in Gaoyou Economic Development Zone, has presented a message to the reporters, which is issued by the local government. The recipient is the person in charge of all garment enterprises in Gaoyou. The content of the short message is "reminder of the order of clothing industry in Gaoyou." it is explicitly mentioned that the rental clothing enterprises that fail to accept the fire inspection and acceptance are not allowed to hire workers; the units that fire inspection and acceptance are required to pay wages in advance and then hire workers. < /p > < p > "fill in the wage margin confirmation form in the clothing department of the District Economic Development Bureau, pay a deposit of 6000 yuan per person in advance, and sign the receipts from the financial branch of the development zone with the seal of the bank and the payment voucher, so as to recruit workers." Liu Jun read the contents of the message. < /p > < p > "this pressure is too great." Liu Jun said that his company had more than 100 sewing machines and at least 100 workers needed to be recruited. Even if the fire rectification was qualified, the salary margin of 600 thousand yuan also made him very headaches. "This is not a small number!" < /p > < p > in another garment enterprise, "Rong Mao clothing". The boss also said that they had not started yet. The reason is also considering the issue of wage margin. "No way, no pay will not be started, but who has the money to pay? We are small businesses and need liquidity." < /p > < p > "Fu Rong garment" is a relatively large garment enterprise in the development zone with a recruitment scale of about 300 people. 20 noon, the modern express reporter rushed to the enterprise, chief executive Zhou said that they just started work on the 20 day, and the reason why they could start is because they paid part of the "wage margin". < /p > < p > "have paid six or seven hundred thousand. My workers have not yet been recruited, but they must pay back later." Zhou's face was helpless. < /p > < p > reporters learned that there are more than 60 garment enterprises in the Gaoyou Economic Development Zone, and only three or four are currently in operation. Basically, they did not start work or wait to pay deposit. {page_break} < /p > P > < strong > the purpose of collecting the deposit is to ensure the interests of the workers < /strong > /p > P > why does Gaoyou require the clothing enterprises to pay the wage margin? The reporter learned from the office of the leading group of Gaoyou clothing industry rectification bureau that the seven or eight bosses of clothing enterprises ran off the road last year, causing a lot of incidents, and the margin is to ensure the interests of the workers. < /p > < p > at the end of last year, the business owner of a Gaoyou Economic Development Zone named "href=" a href= "http://www.91se91.com/" target= "_blank" > dress < /a > ran on the road. Two hundred or three hundred workers went to the streets to ask the government to solve the problem. In the new year thirty, they rushed to the high speed road block. Finally, the development zone government came to borrow money and paid a salary of $5000 per person. Zhao Jinzhang, deputy director of the administrative committee of the economic development zone, "/p > < p >, has experienced this. He is also a member of the leading group of Gaoyou garment industry rectification and rectification, and a member of the leading group of the garment industry standardization development zone. Zhao Jinzhang said that the wage earnest money system was long established in Gaoyou. The earliest introduction was in 2008, but it has not been carried out strictly for many years. However, this year, we must carry out the project in place. < /p > < p > Modern Express reporter learned that in Gaoyou garment enterprises this year, in addition to owning proprietary property plants, there are fixed assets that can resist risks. Others include leasing enterprises and self owned factory buildings with less than 100 thousand tax payment. < /p > < p > reporters understand that Gaoyou stipulates that 3000 yuan per person will be paid according to the number of recruitment workers, and that the Gaoyou Economic Development Zone stipulates that 6000 yuan per person should be paid. < /p > < p > according to Zhao Jinzhang, the standard of Gaoyou is in accordance with the implementation measures of the Gaoyou municipal government on promoting the healthy development of garment enterprises by strengthening the management of clothing enterprises in 2008. At that time, it was required to collect a monthly salary margin of two yuan per person, at that time the amount was 3000 yuan. < /p > < p > the development zone is based on the 233 article of Yangzhou Municipal Bureau of Social Affairs (2013). The document also stipulates that in the range of Yangzhou, the deposit of two months' wages will be collected from the labor-intensive enterprises such as architecture, clothing and so on. The average monthly wage of the garment industry has risen to around 3000 yuan a month, much higher than that of 2008. < /p > < p > Zhao Jinzhang believes that the provisions of the development zone and Gaoyou have a basis. < /p > < p > according to the relevant survey, it is estimated that more than 50 thousand garment workers in Gaoyou are paid on time by half the number. Even if they implement the standard of 3000 yuan, 25000 workers and owners need to pay a deposit of 75 million yuan. < /p > < p > the deposit will be set up for the purpose of "setting up a special financial account, implementing special funds, keeping government supervision, and never misappropriating, and the public can go to the bank to inquire at any time". In addition, 3.3% interest will be paid to the depositor. < /p > < p > < strong > bank financial accounts guarantee margin security < /strong > /p > P > Modern Express reporter understands that in Gaoyou, enterprises pay deposits to banks at the beginning of the year, and if there is no wage arrears at the end of the year, enterprises can choose to take the money away or continue to pay for the next year. If the company fails to pay wages, the money will be used to pay the wages of the workers who are in arrears. < /p > < p > Zhao Jinzhang said that the city attaches great importance to the development of the clothing industry in Gaoyou. In the second year of the lunar new year, the Secretary of the municipal Party committee listened to the report of the clothing enterprises. Ninth, the mayor convened the meeting to study the situation of the garment industry, put forward rectification measures and set up a special rectification organization. < /p > < p > is so strict because there are some situations in the local garment industry. < /p > P > last year, a number of local enterprises took charge of the road, including two development zones. In addition to the big environment, the lower level of industry, the annual salary system of special /p < p >, and even the "warm winter" are the reasons for this situation. < /p > < p > "the clothing industry is a labor-intensive industry. Many enterprises are similar in their situation, blindly launching, buying at a low price and delivering goods at a high price, which has damaged the development of the industry." Zhao Jinzhang said, unlike other regions, most enterprises in Gaoyou implemented annual salary system. Last year, the annual salary standard of Gaoyou garment industry was 39 thousand to 40 thousand yuan. "If you see someone else get it, some people will go to the boss to make up the difference." the development of deformity such as < /p > P has thinned the profits of the enterprise. In recent years, it did not feel that last year it was a warm winter. The down press rate of the down garment production enterprise like Bosideng and so on reached 80%. "At that time, a lot of enterprises went bankrupt, and the boss ran away and the workers could not get their wages." Zhao Jinzhang said, "this year the government must take measures." {page_break} < /p > P > strong > small and medium-sized business owners account, "margin" aggravate the pressure of funds < /strong > /p > P > the government is out of good intentions, but enterprises suddenly increase pressure. < /p > < p > cash flow of garment enterprises has not been ample, especially in small and medium-sized enterprises. In fact, as early as 2008, local media reported in the report that "it is easy to imagine the difficulty of collecting money for clothing enterprises which are not well-off enough." < /p > > P > a business owner calculated the accounts for the journalists. The clothing enterprises in Gaoyou basically started in February. There was no list at all. In three or four and May, they lost about 200 thousand yuan a month. By the six or seven month, there were more foreign trade lists, and income and expenditure could be kept flat; nine, October, the down coats in the domestic market began to list, this time could fill the previous deficit; eleven and December were the busiest ones in the domestic down jacket list, and the money was in the last two months. < /p > < p > "only make down clothes to make money. The cost of a piece of work is fifty or sixty yuan, and the boss can earn 10 yuan or so. He said, finally, by the end of the year, they still have a profit, that is, some leftover bits and pieces, and the rest can be made of hundreds of down coats. The style and brand are sold at a low price, and they can earn a little money. In some enterprises, the wages of workers in the last two months of the year are less than /p P. < /p > P > no cash income at the beginning of the year, but raw materials and wages should be guaranteed. Now a large margin will be paid before the start of the project. "Rent and equipment money are not counted. If I hire 100 people, I will have to prepare 600 thousand, plus all kinds of expenses, and a total of 1 million 500 thousand." The boss is very sad. "Banks never give us loans to clothing companies. They have long been included in high-risk industries." < /p > < p > this regulation is comprehensive, not just "margin" < /p > P > according to Zhao Jinzhang, this year's clothing industry regulation in Gaoyou has several key points. The first is fire safety, and no qualified fire inspection is allowed. Secondly, it is wage margin. In addition, it should also pay full attention to the signing of labor contracts and full staff insurance, so as to promote remuneration and pay more for more work. < /p > < p > another group member Wang Wenbin said that the garment enterprises in Gaoyou had been developing for nearly 20 years. At present, there are more than 400 garment enterprises and more than 50 thousand employees. At present, the international and domestic economic situation is also changing. In line with the adjustment of industrial structure, enterprises should increase productivity. But Gaoyou's clothing companies can't improve their productivity because Gaoyou's clothing workers like to choose new businesses and small businesses. "Management is strictly different, but wages are paid as much." In this case, the government must take effective measures to correct the deviation of the development of the industry, < /p > < p >. Wang Wenbin said that only from the perspective of employees, there must be a sense of contract. If we promote full staff insurance, we can increase staff stability. < /p > < p > "Abolishing the annual salary system, making more work and more gains, and enterprises can also develop well. In the past, various monetization hired workers, a worker first two thousand or three thousand yuan. This piece of resolute prohibition can lighten the burden of business owners. " In the past, the enterprise recruitment Committee publicly promised that "wages should not be lower than peers". This year, Gaoyou City publicizing propaganda cars all day in the street, using the trumpet to preach, asking the workers to choose the enterprises that receive qualified fire certificates and deposit the security deposit, and sign labor contracts at the same time. In addition, Zhao Jinzhang also said that paying the deposit of wages is also a way to raise the threshold of enterprises. "If hundreds of thousands of wage margins are not paid, there will be problems in the strength of /p," he said. If we do it, we may go bankrupt if we encounter some trouble. "Who can run, who will not run, can the surface see?" < /p > < p > Zhao Jinzhang said that the goal of Gaoyou's rectification is to enlarge and strengthen a batch of garment enterprises, rectification and elimination. < /p > < p >, he said, like Bosideng, paying 150 million yuan a year, and hundreds of other enterprises in the city combined to pay taxes less than one hundred million. But Bosideng clothing company has difficulties in recruiting workers and can accommodate 3000 to 5000 people. Only 600 people are recruited this year. "This situation is abnormal." Especially for unlicensed small workshops, enterprises in private houses will be resolutely banned this year in Gaoyou. /p > < p > strong > explore the practice of < /strong > /p > P > strong > Gaoyou local government. < /strong > /p > P > strong > no corresponding national regulations < < > > < > > > but not contrary to legal principles. < < > > < > > < < > > < < > > < < > > < < > > < < > > < < > > < < > > < < > > > < > > < < > > > < > > < < > > > < > > < < > > > < < > > < > > > < > > < > > > < > > < > > > < > > < > > > < > > < > > > < > > < > > < > > > < > > < > > > < > > < > > > < > > < > > < > > > < > > < > > < < > > > < > > < > > < > > < > > > < > > < > > < < > > > < > > < > > > > > < < > > < > > < > > < > > < > > < > > < > > > < > > < > > > > < < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > > < > > < > > > > < < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > > > > < < > > > > > < < > > < > > < > > < > > < > > > > < < > > < > > < > > < > > < > > > < > > < > > > > < < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > < > > > < However, the regulations on wage payment in Jiangsu have provisions in this respect. Fang Lei, a lawyer at Jiangsu century Tongren law firm, said: "the construction industry countries have relevant laws and regulations to pay the deposit of migrant workers' wages, and Gaoyou has expanded to other labor-intensive industries without violating the basic principles of law." < /p > < p > Fang Lei thinks that there is a complete set of administrative management and relief system for enterprises in arrears of wages. Normal labor supervision, labor arbitration and labor litigation. In addition, in order to protect the interests of workers, there is still a "malicious wage arrears", if the enterprise malicious wages, but also bear criminal responsibility. < /p > < p > and the regulations of the Jiangsu Province on wage payment stipulates that the local people's governments at or above the county level shall set up an early-warning system for arrears of wages according to the actual situation of wages paid in their respective administrative areas. For the employing units that have been arrears of wages for more than two months or accumulated in arrears for more than three months, the administrative departments of human resources and social security should pay attention to the supervision of wages and pay attention to the employers who pay the key monitoring units. They must submit letters of guarantee issued by financial institutions or advance wage payment bonds according to the government's wage arrears early warning system. The wage payment earnest money is stored in a special account, which is earmarked for the purpose of guaranteeing the wages paid to the workers of the unit. " < /p > < p > lawyer Fang said that this is a special case, referring to a relatively large risk unit. At the same time, the regulations stipulate that the employing units that are included in the key payment of wages should pay wages for workers who are in arrears with Qingyuan, and no new arrears will occur within the six month period. The administrative departments of human resources and social security should release their key supervision. {page_break} < /p > P > < strong > has a certain rationality < /strong > /p > < p > strong > but the government should not abuse the "administrative compulsion" < /strong > /p > P > Xiao Zesheng, an administrative law professor at Nanjing University law school, said that theoretically, the local government of Gaoyou made some preventive measures in order to ensure that the owner of the enterprise could perform certain obligations in the future. In the legal profession, it is generally believed that if the arrears of wages and wages of migrant workers have affected the stability of the whole society and the public interest has been damaged, the government will intervene properly. < /p > < p > in this case, it is not only a question of legal basis, but when public interest is damaged by private activities, it is not appropriate to have no legal basis. Since laws and regulations can not legislate for a particular matter in a particular place, such as the special situation in Gaoyou, the Jiangsu Provincial People's Congress can not legislate, and Yangzhou itself has no local legislative power. So what should we do? As long as it is for the sake of public interest, it should recognize its effectiveness in accordance with the normative documents formulated by the rules and regulations system, its procedures are legitimate, the contents are reasonable, and it is in line with the public interest. < /p > < p > if the government considers comprehensively and pays the deposit is necessary, its behavior is reasonable. Moreover, this is a measure taken by the government for the public interest in the backdrop of laws and regulations. Professor /p also pointed out that there are several points to be clarified. First, is there sufficient evidence in Gaoyou that more and more business owners are fleeing, which has seriously affected the stability of the local government? Is it appropriate for the government to intervene? This needs to be fully demonstrated in the case of P. < /p > < p > secondly, paying deposit is to protect the rights and interests of workers for public interests, but it can not bring heavy burden to enterprises. For those who are honest and trustworthy, they do have enough ability to guarantee that they can avoid or pay less. This can prove the reasonableness of the regulations. "No ability to do this thing? We must ensure that we have the ability to engage in this activity." < /p > < p > "in the specific way, should the Government consult as much as possible? If the enterprise pays the deposit, it can reduce the frequency of inspections; if it is rejected, it will conduct regular checks to prevent you from escaping. This is right from the angle of means and purpose. And if it is clearly stipulated that if we have to pay in a certain range, then if we do not pay, what should we do if the government does not allow enterprises to open factories or even take power outages? Then the government has this power? Because the clothing industry and the construction industry are different, the construction industry has administrative license and no deposit is allowed. The garment industry does not need administrative permission, only business registration and so on. Professor Xiao said. < /p > < p > if this time, the government does not allow the opening of the factory by administrative means, then there may be a problem of abuse of administrative coercion. In general, administrative enforcement measures are adopted only when the performance obligation is not fulfilled. "Now it is suspected that I may not be able to perform, it is a preventive measure, and the administrative enforcement basis is insufficient." Professor Xiao believes that administrative coercive measures are authorized by laws and regulations. This is also the requirement of the government's administration according to law. < /p > < > > < strong > > raise the threshold < /strong > /p > P > strong > unreasonable or inappropriate. < < /strong > /p > P > Sun Yusong, associate professor of Business School of Yangzhou University, thinks that the profit motive and social responsibility of enterprises are the problems of the enterprises. The government wants the enterprises to forcibly pay the deposit of wages, and so does South of Jiangsu. Zhejiang has such a situation that the local enterprises can accept it. However, Gaoyou's local small businesses may not be able to afford the funds. < /p > < p > in this case, is there any alternative solution? From an economic point of view, it is not suitable for enterprises to start work. Enterprises can not work, is not conducive to the development of local enterprises. First of all, the government should allow enterprises to have money to make money, so that businesses can have business, earn money, wages can be sent out, and fish farming should be released. Now, the state has lowered the threshold of registered capital for enterprises. The purpose is to enable enterprises to operate and earn income to ensure that wages can be sent out. As for how to solve the problem of arrears of wages, this is related to the credit and personal credibility of the enterprise. It involves the credit system of the state. For the discredit enterprises, they should not escape from breaking their faith through the system construction. If Gaoyou fails, and when they open factories to other places, they will establish a credit linkage method to control them so that they can not get up. This is the fundamental way. < /p > < p > from the perspective of the rights of enterprises, local governments do not have the power to cause the lack of funds in accordance with the law. The government may want to raise the threshold, but it is inappropriate for the government to prohibit others from doing so. Sun Yusong believes that the market should be adopted to make the market play a decisive role in the allocation of resources, and enterprises will not be able to make money, and naturally they will be eliminated. < /p >