On April 20 morning, red star journalist notices the media of finance and economics such as Yi Jian finance and economics explodes in small gain makings weigh Oriental gardens (Inc. of Oriental gardens environment) default employee pay.
The reporter is in relevant the discovery below small gain topic, much name professes the rich of Oriental gardens employee advocate hair small gain says the company had owed thousands of employee the salary of 45 months, and employee begs salary appeals to beg without the door.
Be in subsequently in interviewing, relevant employee and family member tell a reporter, oriental gardens back pay 4 months above, still force employee leaves his post and signed those who contain provision of Xiang Yu the Conqueror to leave one's post agreement, and the thing still was not solved up to now...
Oriental gardens ever was Chinese gardens industry the first, amount of contribution of price of day of female Ceng Yin of father He Qiao is called " Chinese daughter head be apt to " , it is China famous female rich and powerful people. But recently, oriental gardens is disturbance ceaseless, he Qiao daughter leaves off her post president of group of Oriental gardens environmental protection, Oriental gardens 3.37 million deposit is ruled to freeze by the court, deficit exceeds 200 million yuan first quarter, be exposed to the sun to give back pay again nowadays.
Oriental gardens is exposed to the sun to default wages of thousands of employee
Recently, red star journalist notices media explodes in small gain makings call Oriental gardens back pay.
The reporter is in relevant the discovery below small gain topic, much name professes to much name professes the rich of Oriental gardens employee advocate hair small gain says the company had owed thousands of employee the salary of 45 months, and employee begs salary appeals to beg without the door, small gain says the company makes show and shuffle only related, mix without an any consideration condolatory...
What topic of back pay of ↑ Oriental gardens falls is relevant small gain
Red star journalist discovers, the picture that relevant media place mixes comes from Yu Weibo name to be " the 14 father that did not high moral principle " rich advocate, this rich advocate it is at releasing a name on March 29, 2019 " ask Oriental gardens to face up to back pay problem, solve employee as soon as possible reasonable appeal to beg " small Bo Wenzhang says: The company defaults salary near 5 months did not send salary (2018.11~2019.03) . Enter immediately April back pay near of half an year long. Submit an expense account already a year superabundant (2018.01 up to now) , bonus also did not extend 2017.
The article says to accuse gardens of the east that beg a department leaves his post originally with on-the-job employee by force of bread (give out) , put forward to appealed to at 4 o'clock to the company beg:
1, go ahead of the rest extends leave his post under 11 level of company reach on-the-job employee all defaulting salary.
2, submitted an expense account 2018 reach the member that leave one's post to be versed in the payment in arrears such as compensation fund hopes the company is taken issue body to extend schedule and settle way.
3, bonus take into consideration the circumstances and on-the-job, leave one's post personnel exchanges views settle way.
4, employee of in-house excuse of company of hope president Ms. He Qiao female.
↑ rich advocate " the 14 father that did not high moral principle " issuance name is " ask Oriental gardens to face up to back pay problem, solve employee as soon as possible reasonable appeal to beg " article
Small gain name is " bug of rice bug bug " rich advocate criterion this article says transmit: Inc. of environment of Beijing Oriental gardens from October 2018 up to now accumulative total defaults 7 class and the following employee on 4 monthly wages horses 5 months; 8 class and above employee on 5 monthly wages horses 6 months. Default complete member spend a money in order to appear in the newspaper one year, cut down the member of persons employed illegally up to now from 2018 4000 people above, salary of majority of the employee that be cut into parts, submit an expense account, illegimate compensation did not extend; Portion social security, accumulation fund broke capture in Feburary 2019. 11 level of company are in charge of salary high every months to extend partly.
Red star journalist contacted relevant rich advocate Luo Nv person, mr Yang will enter the man that she says herself November last year duty east gardens, it is an average 6 class employee, mr Yang from begin into duty, oriental gardens appears with respect to the case that has back pay, and begin from back pay, oriental gardens had not given an explanation and reason.
↑ collect lady and reporter dialog cut pursue
Luo Nv person says, oneself gentleman is at the beginning of this year March leave one's post, at present by Oriental gardens back pay 4 months, social security accumulation fund also breaks capture.
"Second half of the year arrived last year up to now land add add has partial employee to work arbitral, appeal, as to begging is not good news cough up anyway as a result, and now at present back pay employee is in 1000 above, back pay time varies to half an year (include on-the-job and leave one's post) still have major stuff 2017 of pay for sb and expect to be repaid later submit an expense account tens of thousands of to ten differ to was not taken. " Luo Nv person says.
Employee leaves his post should sign those who take provision of Xiang Yu the Conqueror to leave one's post agreement
Luo Nv person says, the crisis up to now, include He Qiao daughter inside any tall canals, station of neither one person comes out to listen attentively to employee to appeal to beg, pacify employee mood. "It is to work gens, without withstand of a few families 45 months do not have income. Without withstand of a few families 45 months do not have income..
"With my husband place branch is exemple, leader kickball gives labor power, manpower kickball gives a lead, leader crouch dare not phonate. Just use finally silent will force employee takes company opposite step by step with deceit, some manpower are fooled repeatedly even belt cheat, force with minatory snout employee leaves his post even finally, when forcing employee leaves his post, sign all sorts of containing clause of Xiang Yu the Conqueror, violate labor law even leave one's post agreement " .
Luo Nv person offerred what Oriental gardens and his husband and other staff sign to remove to the reporter working relationship agreement, she says, the 6th is clause of Xiang Yu the Conqueror completely.
The Inc. of Oriental gardens environment that ↑ collect lady offers removes with what his husband signs working relationship agreement
In this agreement the 6th, red star journalist saw such stating: "Just remove from Jia Yishuang since the day of labor contract, party B must not ask for other to Party A with any reason any charge or offer any views, party B and Party A do not have any law related to labor contract or economic dispute again, all labor of Party B incumbency won proper and sufficient economy pay, all pay of incumbency and welfare (contain each state law to decide welfare to wait) obtained enough economy to compensate, henceforth, put forward to Party A anything but any economic arbitration related to working relationship and / or if lawsuit has disobey, party B is willing to be compensated first just be equivalent to afore-mentioned amount double again submission to arbitration and / or lawsuit. Party B is willing to be compensated first just be equivalent to afore-mentioned amount double again submission to arbitration and / or lawsuit..
this, the reporter consulted Zhang Wenhao of office of attorney of of Gansu Province clear's lawyer.
Zhang Lv division says, the 6th this kind of clause is invalid, violate remove working relationship agreement opposed law mandatory regulation, calculate clause of Xiang Yu the Conqueror, laborer can advocate this is to get a business commonly of threatening autograph, either true meaning expresses.
"Above all, the acceptance in the contract abandons accusing the article of authority does not have effectiveness, " code of civil law " the ground sets 123 times: People court ought to ensure what provision of law of party according to enjoys to sue the right. To according with Benfadi 119 sue, must accept. At the same time " code of civil law " the 119th regulation sues must accord with following condition: (one) accuser is the citizen that has direct interests with this case, legal person and other organization; (2) have clear respondent; (3) have specific litigant request and fact, reason; (4) the limits that belongs to people court to hear civil suit and suffer courtyard of civil code telling a person administer. That is to say, should accord with only " code of civil law " the requirement of the 119th regulation, laborer can be sued to the court.
The 2nd, in working relationship, laborer is weak force one party, stem from the threatening and affirmatory nonuser of unit of choose and employ persons probably. Labor arbitrates committee or court can support what laborer puts forward accept threatening position commonly. Labor arbitrates committee or court can support what laborer puts forward accept threatening position commonly..
Batch cuts down the member of persons employed thousands of person and did not pay holding cost
Another when red star journalist contacted small gain to go up explodes makings person Mr Zhang, he says he is the employee of post of government of group of Oriental gardens environment, specific position inconvenience discloses, post class is 9 class.
Mr Zhang says, his salary from November 2018 procrastinate to had not been sent in March 2019 all the time, salary and submit an expense account, repulsive filling indemnity, did not send.
"2017 award also was not sent end of the year, more do not carry 2018, beginning accumulation fund from Feburary 2019 also is broken. The employee that cut down the member of persons employed, also did not pay holding cost. Also did not pay holding cost..
The conversational cut of Mr ↑ Mr Zhang and reporter pursues
Sign to Oriental gardens and employee " remove working relationship agreement " , mr Zhang says this agreement is Zhang Zhendi of controller of Oriental gardens manpower the release pattern plate there, completely Oriental gardens is this used pattern plate, "Clause of such Xiang Yu the Conqueror, leave one's post personnel hand. Leave one's post personnel hand..
As to present plan, mr Zhang expresses, there is individual employee to go to a company be troubled by before, strove for back pay in order to be troubled by, other had not solved what walk along legal approach to await.
"We arbitrate together in, have a lot of stuff at present, comprised a lot of arbitration. " Mr Zhang says.
Subsequently reporter connection went to plum surname lady, she says she is chief inspector of Oriental gardens investment, ms. Li says he added a few to denounce firewood group, a flock of within 500 people are full, be back pay entirely. 2 groups inside also have 60 many people, exception still has an Oriental gardens to leave one's post personnel group, have 392 people, ms. Li says, this 392 people once had owed firewood, some people pass ceaseless condemn here, include to go to the company demonstrate make trouble, seek a guidance, negotiation of rigid of that is to say, have a few people, had taken money, at present so this 392 people are not full back pay, one part person has taken money, but after all how many person takes money, do not have law statistic this now.
Place of ↑ plum lady denounces firewood group
Ms. Li says, already at present about a hundred person arbitrates put on record, of smooth collective on April 15 open a court session with respect to 29 people, she herself is sessional person one of, she says to still have at present probably this world of hold office at court of a few people arbitrates the center has been put on record, but had not taken sessional announcement, and 29 people that a moment ago said were to had published information.
Subsequently Ms. Li provided dispute of personnel matters of labor of area of Beijing rising sun to the reporter the receipt of arbitral committee.
The dispute of personnel matters of labor of area of Beijing rising sun that ↑ plum lady provides is arbitral two pieces of receipt of committee
Ms. Li says, before leave one's post, a lot of people had owed 34 months, even the salary of 45 months, arrive next remove the gives money time that labor keeps on concern agreement, still do not give money.
Up to now at least 4300 much people will leave his post last year in May
Mr Zhang is narrated to say before, oriental gardens begins from May 2018 batch cuts down the member of persons employed now, ms. Li also to reporter confirm this view. Ms. Li still offerred fellow worker of branch of Oriental gardens manpower to provide her relevant evidence and data to the reporter.
The relevant evidence that ↑ plum lady provides to the reporter and data
The Oa system that the office of Oriental park entire company that Ms. Li provides uses (automation system) data check scheme shows, up to by May 2018, system of Oriental gardens Oa shows on-the-job 7628 people, by August 2018, system of Oriental gardens Oa shows on-the-job 5071 people, up to by November 2018, system of Oriental gardens Oa shows on-the-job 3967 people, up to now, oa system shows on-the-job 3286 people.
That is to say, will arrive May from last year now, oriental gardens always shares 4300 much people to leave one's post.
The relevant evidence that ↑ plum lady provides to the reporter and data
Ms. Li says, affirmation has what leave his post actively inside this, the statistic doing not have a law that leaves his post actively, but do not send salary for a long time, so employee is overcome, he can put forward to leave one's post. Of course, the company is by last year November before, still have a few plans cutting down the member of persons employed, the manpower controller that Ms. Li provides is small believe group of check schemes to show, up to on March 1, 2019, oriental gardens accumulative total cuts down the member of persons employed 1637 people.
Outstanding achievement deposits money to be frozen fortunately beforehand, oriental gardens disturbance is ceaseless
Oriental gardens is called Chinese gardens the first, basically provide modes of life and relation to their environment construction of wet ground, gardens and irrigation works are municipal wait for design construction.
The label on Oriental gardens body is very much, chinese gardens industry the first, father He Qiao female be called " Chinese daughter head be apt to " , once PPP civilian battalion the first. But recently, oriental gardens is disturbance ceaseless.
Oriental gardens released on March 29, 2019 2019 outstanding achievement is premonitory first quarter show, its predict vest in appears on the market profit of company shareholder net comes 220 million yuan for deficit deficit 250 million yuan.
And the wall bulletin of 2018 year outstanding achievement that issues before Oriental gardens is early shows, the company realized business income 2018 13.19 billion yuan, reduce compared to the same period 13.37% , vest in appears on the market the net gain of company shareholder 1.767 billion yuan, reduce compared to the same period 18.87% .
Change about outstanding achievement, oriental gardens expresses, what the company reachs trade policy according to national policy is oriented, adjust production in time to run a plan, to the company business income produces certain effect. In the meantime, suffer the effect that financing cost rises, financial cost raises compared to the same period, create net profit relatively on year the corresponding period drops.
Besides outstanding achievement deficit, oriental gardens still is faced with asset by frozen law judge.
Red star journalist discovers, beijing court of the 3rd intermediate people carries out ruling book at releasing two arbitration on April 4, froze Oriental gardens to exceed 3 million yuan asset.
Cut of book of two when court of the 3rd intermediate people released ↑ Beijing on April 4 executive rulings pursues
Relevant ruling book shows, beijing arbitrates committee is made (2018) Beijing arbitrates the 0089th adjudication has produced the word legal effectiveness, chengdu of application executive person is triplex flowers and trees invests finite liability company to apply for to be carried out compulsively to this academy. This academy issues executive announcement to Inc. of environment of Oriental gardens of Beijing of person be executived lawfully after put on record was carried out on April 1, 2019, instruct the obligation that this law copy clerk fulfils to decide instantly after its receive executive announcement.
Beijing 3 quadrangle ruling, freeze, the bank deposit RMB of Inc. of environment of Oriental gardens of Beijing of person be executived waits transfer a moment one minute two million seven hundred and five thousand five hundred and four yuan quadrilateral.
And the another ruling book of 3 quadrangle shows Beijing, beijing arbitrates committee is made (2018) word of Beijing intermediate attune mediates a book the 0572nd number to had produced legal effectiveness, application carries out limited company of trade of person Beijing Dong Xin understand to apply for to be carried out compulsively to this academy. This academy issues executive announcement to Inc. of environment of Oriental gardens of Beijing of person be executived lawfully after put on record was carried out on April 1, 2019, instruct the obligation that this law copy clerk fulfils to decide instantly after its receive executive announcement.
Beijing 3 quadrangle ruling, freeze, the bank deposit RMB of Inc. of environment of Oriental gardens of Beijing of person be executived makes transfer seventy-four thousand one hundred and sixty-six yuan etc.
Be exploded to default employee pay be related, red star journalist tries to contact Inc. of environment of Beijing Oriental gardens, up to distribute news dispatches, phone unmanned all the time receive listen.
