An Enterprise In Shaoxing Does Not Pay Wages And Workers Apply For Bankruptcy And Liquidation.

Zhejiang Shaoxing furniture company has been unable to continue its operation since 2014, and its employees' economic compensation and industrial injury insurance fund have been in arrears for a long time. Employees then submitted their businesses to the court. Bankruptcy liquidation Apply for "old club" bankruptcy. A few days ago, the intermediate people's Court of Shaoxing, Zhejiang Province, has decided to accept the case.

It is understood that Mr. Zhou from Hubei worked in a furniture manufacturing company in Shaoxing. In April 2014, the company suddenly issued "about" suspend production pending consolidation "Notice" said that as of April 30, 2014, the company stopped all production activities, lifting or terminating labor contracts with all employees. This made Mr. Zhou and his colleagues feel very surprised. Since then, although the "old family" has cleared up Mr. Zhou's wages, he has not paid the economic compensation for the notice and the rescission of the labor contract. So Mr. Zhou filed a lawsuit against the court. After hearing the court in Shaoxing Yuecheng District, he ordered the furniture company to pay Mr. Zhou's economic compensation and a month's wages totaling about 14 thousand yuan.

After the verdict, the "old club" still failed to perform. In February 2015, Mr. Zhou applied for the enforcement of the court. However, in the course of execution, he found that the company had closed down and almost had no property to perform. wages 5000 yuan.

Similar to Mr. Zhou, there are several colleagues, some of whom are in arrears of economic compensation, and some are in arrears of work-related injury insurance. In October 8, 2016, Mr. Zhou and his colleagues, together with a total of 5 people, submitted an application for bankruptcy liquidation to the Shaoxing intermediate people's Court on the grounds that they could not fulfill their due debts and had met the bankruptcy situation.

According to the judge of the Shaoxing intermediate people's court, in May 2016, 12 employees of the company had submitted an application for bankruptcy liquidation, and the court had coordinated the two sides during the filing and examination. The company's position is willing to find a way to solve the problem, the staff agreed and withdrew the application. But since the company failed to fulfill its commitments, Mr. Zhou and other workers submitted the bankruptcy petition to the court again.

The judge in charge of the case in the Shaoxing intermediate people's Court explained that the court ruled that accepting the bankruptcy petition should satisfy two conditions: first, it was unable to fulfill the debts due, and the two was the apparent lack of solvency or the insolvency of the enterprise. Mr. Zhou's company has been in arrears with employees' work-related injury insurance benefits or economic compensation, and has not been able to fulfill it, and has been unable to pay it in time by the court's enforcement. In fact, Mr. Zhou's company also involves a number of cases of compulsory execution by the court, and the company's books also show insolvency, that is, it has met the acceptance conditions of the bankruptcy application.

In October 2016, the court sent the debtor's objection to the company, and the company said there was no objection to the application. At present, the Shaoxing intermediate people's court has decided to accept Mr. Zhou and his colleagues' application for bankruptcy. Shaoxing intermediate people's court said that in accordance with the relevant laws and regulations, after the completion of bankruptcy liquidation, in addition to satisfying the remaining amount other than mortgage claims, employee's wages or medical treatment, disability compensation and other claims are prior to other ordinary claims.

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A person in charge of an enterprise in Weihai asked: some employees of the unit carry out comprehensive calculation of working hours, and work for one week for a week. Not long ago, new units were recruited. After giving notice of their work and rest system, Chen objected, saying that no matter what kind of work hour he had, he would rest at least one day a week, and refused to sign a labor contract on this grounds. Is Chen's statement valid?

Answer: the Ministry of labor's reply to the relevant questions on the working hours of workers (Ministry of labor, [1997]271) has clearly stipulated that "the compulsory examination and approval of the comprehensive calculation of working hours should ensure that workers will have at least one day off a week". Therefore, in the process of approving the comprehensive calculation work hour system, it is not appropriate to require enterprises to implement the standard working hours system. However, in the process of examining and approving the work hours of comprehensive calculation, enterprises should be required to do the following two points: 1. enterprises should carry out comprehensive calculation work hour system and work methods in the comprehensive calculation work hour system, and must consult with trade unions and laborers. 2. for workers above third grade (including grade third), the working hours of workers should not exceed 11 hours a day, and at least one day a week. It can be seen that for workers working below three levels of physical labor, it is not always necessary to have one day off a week.

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