The epidemic did not hit cross-border sellers, but instead they fell into the company's trap. Recently, a cross-border e-commerce company in Bantian, Shenzhen, has frequently issued announcements, claiming that the company has been hit by the epidemic and is currently facing a life-and-death crisis. Its cash flow can no longer be sustained, so it asked its employees to sign various unequal treaties. These announcements are filled with all kinds of unfair terms for employees, including forced "voluntary acceptance" of salary adjustments (salary cuts and delayed salary payments), mandatory overtime, and no negative complaints allowed, and even confusing mandatory requirements such as "jogging three times a week for no less than 3 kilometers each time." On March 5, the company’s latest announcement stated that the resumption of work would be further delayed until April. As for employee wages, January wages would be paid in three installments. The original promise that February wages would be implemented in accordance with relevant regulations of Guangdong Province was also overturned again. Employees who have been on leave since February will not receive any salary. Moreover, the company has been withholding commissions for three months. The October commission that should have been paid in January has also been delayed. The year-end bonus and performance bonus have been cancelled, and the default salary for those who go back to work on April 1st has been reduced by 20-50%. An employee who had left the company a long time ago said that his October commission had not yet been paid to him! On March 6, the company quietly disbanded the company WeChat group and the DingTalk group. It did not respond to questions raised by employees in the DingTalk group, and even banned all employees from speaking and refusing to communicate. 1. Where did the company’s money go? According to netizens, this company mainly distributes goods. At the company's annual meeting last year, it said that the company's sales in 2019 were 800 million yuan. Before the epidemic, a senior executive of the company said that 57 million RMB had not been paid back on the Amazon platform alone. Moreover, during the peak season last year, the company had been emphasizing the goal of listing, and the company's finances also stated that the company's funds had fully met the listing standards. But after the full outbreak of the epidemic, the company was said to have no money. Where did all the money go? While the employees were resting at home, they secretly emptied the Shenzhen office and spent money to buy a 7-story commercial office in Huizhou! Do they have money to buy a building but no money to pay salaries? However, some employees revealed that the company owed employees wages, while company leaders bought buildings and cars during the epidemic. In addition, employees revealed that the company maliciously tampered with sales data every month. Now the employee ERP system has been blocked, making it impossible to view commission data. In the comment section, netizens are already going crazy: You taste it, you taste it carefully...... At present, according to the company’s employees, the January salary was paid yesterday, but a lot of money was deducted, and they are already preparing to go to arbitration. 2. Can’t get salary even after bankruptcy liquidation? Due to the exposure of many employees on various social channels and media reports, the company's image in the industry has been deeply affected. On March 8, the company’s senior management said in the group that “the company has been operating in debt before the New Year” and even threatened that if the company really reached the stage of bankruptcy and liquidation, employees might not get their wages, and everyone would have to take their computers with them and leave. There was a strong threat in his words. Did he really think his employees were ignorant of the law? So, after a company goes bankrupt, how should the wages of liquidated employees be paid? According to the Enterprise Bankruptcy Law, bankruptcy expenses and common debts are repaid first during enterprise bankruptcy liquidation. After these expenses are paid, the wages of the enterprise's employees will be paid. According to the Enterprise Bankruptcy Law of the People's Republic of China Article 113 After bankruptcy expenses and common debts are paid off in priority, the bankruptcy property shall be paid off in the following order: (1) Wages and medical, disability and pensions owed by the bankrupt to employees, basic pension insurance and basic medical insurance expenses owed that should be transferred to the employees' personal accounts, and compensation that should be paid to employees as prescribed by laws and administrative regulations; (2) Social insurance expenses owed by the bankrupt other than those specified in the preceding paragraph and taxes owed by the bankrupt; (3) Ordinary bankruptcy claims. If the bankruptcy property is insufficient to pay off claims of the same order, it shall be distributed in proportion. The wages of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated based on the average wage of the enterprise's employees. 3. Last words Since this incident involved hundreds of employees, it quickly fermented in the cross-border e-commerce circle and even attracted the attention of the Shenzhen Municipal Human Resources and Social Security Bureau: This has given struggling operators in the e-commerce circle a glimmer of hope, and has also made many workers under the epidemic no longer worried. It is not scary that the company is in trouble, as employees are willing to work with the company to overcome the difficulties. The scariest thing is that some companies take advantage of the epidemic to sell misery, lay off employees in disguised form, cut wages, delay wages, maliciously exploit employees, and even threaten to go bankrupt and liquidate so that employees will not get paid! But we always believe that justice may be late, but it will never be absent! I hope that the company can take on more responsibilities during the epidemic, and I also wish the company’s employees can fight for their due rights through legal means! (Source: Cross-border Black Technology) |
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