Who Should Be Responsible For The Workers In The Raid?
CITIZEN, a Japanese funded company, suddenly announced the closure of CITIZEN precision (Guangzhou) Co., Ltd., Xinhua Street, Huadu District, Guangzhou in February 5th, and informed all staff to terminate the labor contract.
Thousands of workers in the factory lost their jobs instantly without knowing anything about it.
The unprepared workers spontaneously gathered in front of the factory to ask for a story.
After tracing the incident, I can not help questioning: since the factory can report to the relevant functional departments ahead of time, why can't we inform the largest number of workers who have been disbanded by the company -- more than 1000 workers? What are the responsibilities of the government departments?
CITIZEN precision (Guangzhou) Co., Ltd., located in Huadu District, Xinhua Street, Guangzhou, is an important production base set up by CITIZEN group in China. It was established in 2010 and has 1042 employees.
At 1 p.m. on February 5th, CITIZEN posted a notice announcing the company's advance.
dissolution
Immediately terminate the labor contract with the staff.
A worker said that the factory workers were still working in the workshop on the morning of February 5th. Without notice, the factory asked all employees to leave the company at half past two p.m.
Workers are concealing the company's business situation, carrying out a sudden disbandment and ignoring workers' rights and interests.
A Chen worker told the writer that he was still working in the workshop on the morning of February 5th, and then suddenly received the notice at 1 p.m., and the factory closed down.
"If the factory told us beforehand, we still have some psychological preparation, or we can go to work earlier.
The factory has many employees who have worked for more than ten years, and we have no idea about compensation.
For the sudden dismantled factory, the explanation given by the manufacturer is that the board of directors of CITIZEN precision (Guangzhou) Co., Ltd. decided to dissolve the company in advance according to the headquarters of the group, because of the contraction of the global strategy of "structural reform" of the Japanese headquarters of CITIZEN group.
The author understands that before the dissolution was announced, CITIZEN precision (Guangzhou) Co., Ltd. had reported to the relevant government departments in advance, and the enterprise believed that the liquidation procedure had been carried out in accordance with the law.
However, the important change information of the enterprise has not been disclosed to the workers in time, and there is a suspicion of "concealment in the newspaper".
CITIZEN explained that if the prior notice could affect workers' mood and could not work properly, it was announced on the same day.
Sun Junjie, a first class partner of Guangdong Guang Xin Jun Da law firm, believes that the dissolution of the enterprise will inevitably lead to the alteration and dissolution of the labor contract. The act of CITIZEN is applicable to the relevant provisions of the labor contract law of the People's Republic of China, that is, the important matters relating to the interests of the employees must be negotiated with the trade union or the staff representatives, and 20 or more people should be laid off to inform the trade union or the entire staff one month in advance.
That is to say, it is not enough for the CITIZEN company to dismiss the layoffs in advance and only report them to the government departments.
According to the Huadu District Committee and district government of Guangzhou, the two sides are negotiating on compensation.
The district government arranges the relevant departments of human society, tax and other related departments to work in the factory and district, for staff to consult relevant policies and to provide legal aid.
The relevant functional departments indicated that workers should be given reasonable compensation according to the labor law, and the factory compensation will be urged.
According to the latest statistics of the factory, as of 12 February 9th, 968 employees signed and agreed to terminate the labor contract. They are now handling the resignation procedure, accounting for 92.9% of the total staff, and the remaining 74 employees are still negotiating with the company.
In view of the sudden dissolution of CITIZEN precision (Guangzhou) Limited, in order to minimize the impact of incidents on employees and society, the industry agreed that the most important thing is to give full financial compensation to employees in accordance with the law, including the payment of social security fees, overtime fees and other expenses, and to establish payment details and payment schedules.
According to Sun Junjie, according to the labor contract law, the enterprise should give laborers economic compensation in accordance with the law according to the law.
The service age before 2008 is calculated according to one month's compensation and one month's salary. After 2008, the service age is calculated by half a month's compensation for less than half a year.
In this way,
enterprise
The severance payment for an old worker can reach more than ten thousand yuan.
"The government functional departments must conscientiously perform their duties, supervise enterprises and ensure workers get the full amount.
compensate for
To ensure social stability. "
Sun Junjie said.
He Gaochao, a professor at Zhongshan University, suggests that local governments need to establish an intervention mechanism early, and grasp the situation dynamically, so as to make active involvement in the case. If we can understand the operation of hydropower, taxation and wage payment, we can know whether the enterprises are operating normally.
Once we find the trend of enterprises to stop and cooperate, we should immediately communicate with the enterprises, work out the personnel resettlement plan together, and start the unemployment insurance fund and the public employment network to provide workers with re employment security, and earnestly safeguard the vital interests of workers.
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