There are laws to follow in organizing the reorganization of enterprises in difficult enterprise training courses.
Ji'nan Times reporter surran
everything is based on employee benefits. In November 12th, the leadership group office of the municipal state-owned difficult enterprises to help and solve difficulties and reform and Development held a special training class on the coordination group and the head of the difficult state enterprise. The relevant person in charge of the SASAC of the city said in the training class that no matter whether the enterprise is going bankrupt or reorganizing the road, it must first be legally and reasonably resettlement of the staff. Among them, the 6 types of workers' expenses should be paid before the enterprise is reformed, and the employee resettlement program should be examined and recorded by the SASAC and the Bureau of human society, and through the collective deliberation of the staff congress.
the latest dynamic
coordination group and difficult state-owned enterprises together training
found many problems in the enterprise, lack of professional knowledge. The relevant person in charge of the SASAC has told reporters that the coordination group has been in difficult enterprises for more than a month, and has basically mastered the basic situation of the enterprise and the problems to be solved urgently. But because of the enterprise restructuring, bankruptcy and other aspects of the state capital, financial and tax, personnel and audit, and the coordination group members from a number of governments, do not understand the basic knowledge of enterprise reorganization or bankruptcy. Most of the heads of difficult enterprises are unable to understand and understand the policies of provinces and cities, so they need to learn and understand urgently.
to promote the reform and development of difficult enterprises in accordance with the law, improve the policy level and operational ability of the related personnel, the municipal government difficult enterprises to help and solve difficulties and reform and development of the leadership group office to study the agreement, on the 12 day, the city owned state-owned difficult enterprises to help solve difficulties and reform and development special training meeting. The training contents include the policies and regulations relating to the state capital supervision and the basic management of the enterprise reform and restructuring (assets restructuring) the distribution system of the state-owned property rights transfer enterprises, the difficult assistance and so on.
the participants of the meeting included 44 coordination groups and 44 responsible enterprises. The municipal SASAC enterprise reform and reorganization office, the property management office and the Enterprise Distribution Department and other departments are responsible for on-site teaching. It is reported that five special training sessions will be held in the near future.
two kinds of bankruptcy
4 enterprises can be policy bankrupt, others can only bankrupt
reporter to know that many coordination groups and enterprise leaders do not understand the relevant knowledge of enterprise bankruptcy. At the
training meeting, the SASAC said that there is a clear difference between policy bankruptcy and bankruptcy in accordance with the law. Policy bankruptcy refers to the bankruptcy of state-owned enterprises determined by relevant departments of the State Council and incorporated into the state's bankruptcy and merger plans and enjoy preferential policies. Bankruptcy in accordance with the law refers to the bankruptcy liquidation of enterprises in accordance with the provisions of the enterprise bankruptcy law. The standard of employee resettlement is low, and the rate of compensation for employees' creditor's rights is often relatively low.
to the staff settlement standard, the disposable settlement fee of policy bankruptcy is in principle in accordance with the 3 times the average salary of the employees of the enterprises in the city where the bankrupt enterprise is located, while the bankruptcy is calculated according to the average monthly wages of the workers and workers in the 12 months before the labor contract is terminated or terminated. In addition, there are obvious differences between the range of assignable property and the order of property distribution.
is limited by relevant policies and regulations, and there are not many enterprises that are suitable for policy bankruptcy. SASAC related people said that at present only Qilu Chemical Fiber Group owned chemical fiber general company, such as 4 enterprises, has been approved by the state in 2007 to implement policy bankruptcy.
what should be done before the bankruptcy of
the enterprise must first resett the employees
to have a certain product and resources and other advantages, it is expected to rejuvenate the enterprise through the introduction of the strategic investors to implement reengineering. In the choice of reorganization parties, a group of enterprises can not make quick profits and quick profits and reorganize, but choose the leading enterprises at home and abroad, or to implement the restructuring and restructuring of the leading enterprises in the related industries or the optimization and upgrading of the products.
some enterprises have assets, but there are mortgages, judicial sealing up, and even the defects of the court, which can not be converted into cash temporarily. According to the situation of the enterprise, the main effective assets are reactivated, and then the one-time resettlement workers are withdrawn, or the bankrupt is implemented according to the law.
the relevant people of the SASAC remind that no enterprises without production, assets and funds can enter the bankruptcy proceedings, but according to the law of the enterprise bankruptcy, the debtor's property is not enough to pay off the cost of bankruptcy or the bankrupt can be distributed without property, and the bankruptcy procedure shall be terminated. It can only raise funds first and resettlement of employees to exit.
how to settle the staff
before restructuring the 6 types of costs, the case of square
needs "two bureaus" for a "two bureaus".
enterprise restructuring, how do the employees do? Among them, the restructured enterprises should properly set up workers and retirees in accordance with the provisions of laws, regulations and relevant policies.
according to the introduction, the restructuring enterprises should calculate and pay for the 6 types of workers' resettlement fees according to the relevant regulations, respectively: the employees' employment and resettlement insurance, the cost of staff retreating, the medical expenses of the retired personnel and the overall external living expenses (two fees); the resettlement fee for the disabled persons; the reduction of the retired personnel and the remains of the dead workers. Subsistence allowance; resettlement fee for other people. Bankruptcy, liquidation and withdrawal should be made to statistics on arrears of employees' internal debts and social insurance premiums.
in addition, the enterprise should comply with the labor law, labor contract law and the labor contract regulations of Shandong province and other relevant regulations, to straighten out the labor relations according to law within 30 days from the date of the change of industrial and commercial registration, and to continue the social insurance for the workers, such as pension, unemployment, industrial injury, birth and medical care in time.
the SASAC concerned especially stressed that the employee placement program must be reviewed by the SASAC and the Municipal Bureau of people's society and carried out after the approval of the office of the enterprise or the staff meeting. Among them, the company's arrears of staff costs, arrears of social security costs and staff resettlement fees are calculated and audited by the SASAC enterprise distribution office.
enterprise restructuring reform procedure
enterprise first drafting the reform and restructuring plan
to perform the internal decision procedure of the enterprise and the democratic deliberation procedure of the Professional Commission and form the formal scheme
the reform and reform scheme of the direct regulatory enterprises of the SASAC and its important power enterprises by the Municipal State Capital Commission approves the reform and reform scheme of the
other municipal state-owned enterprises, and the research and approval of the state-owned property ownership unit or the competent department of the enterprise agrees to
to be approved by the Municipal State capital committee to implement
What work has been done by the coordination group
coordination group in difficult enterprises, what do they do? What are the plans and ideas for the next step? The reporter learned from the SASAC in Ji'nan on the 13 day that some of the coordination group work reports have been "out of the oven".
first coordination group
Ji'nan silver Paper Co
combined with enterprise reality to determine the current, medium-term and long-term three level assistance programs. The current goal is to focus on solving the specific problems that affect the self rescue of the enterprise and the life of the staff and workers; the medium term goal is to solve all kinds of expenses for the workers who are in arrears. The long-term goal is to speed up the reorganization of the enterprises, solve the problems left over by the history and promote the enterprises to get out of the dilemma as soon as possible.
second coordination group
Lufeng Paper Co
help enterprises for the first time to implement the enterprise land development planning and other related work, and actively create conditions for enterprise restructuring. We should visit the condolences of workers and families with serious illness.
Fourth coordination group
morning light Paper Co
increase the legal and policy services, and timely connect the relevant regulations and policies of the reform and reform of state-owned enterprises to the business functions and so on. We will provide legal and industrial and commercial registration services for the reform and restructuring of 44 difficult enterprises.
twenty-ninth coordination group
small duck group washing equipment subsidiary company
together with enterprises to calculate the long-term arrears of employees' social insurance premiums, arrears of workers' wages, living expenses, medical expenses, housing accumulation funds and other expenses With the initial examination, the cost of missing reports, disability allowance and other expenses in the domestic debt reported by enterprises is about 50 thousand yuan.
thirtieth coordination group
xiaoduces group water heater
law and policy of state owned enterprise staff and workers' distributary resettlement, state enterprises (especially group two enterprises) apply the laws and regulations of bankruptcy disposal "Such as the 7 major categories of problems, and actively seek legal aid.
thirty-first coordination group
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Ji'nan duckling washing machine manufacturer
communication and communication with cadres and workers, consult information, find out the internal debt of the enterprise, clarify the key points, and gradually resolve the employee's internal debt in stages. At the same time, we should strengthen the communication and coordination with the Municipal Planning Bureau, the riverside group, the court and other departments, and accelerate the disposal of the 75 industrial North Road and the landscape mall, and have made positive progress.
forty-third coordination group
Ji'nan Qilu forging plant
to fully understand the bottom of the enterprise, guide the enterprise financial and labor personnel to carefully review the historical files and financial books, and carefully check the expenses of the employees in arrears by one item. And registration, at present, there are dozens of registered accounts, providing accurate basis for fully grasping the historical legacy of enterprises.