At the gate of Nanning Hongji Yiling Production Plant, He Dong pointed to the sign of "China Resources Prefabricated Building Production Base" and said that after the "4.19" shareholders' meeting, Nanning Hongji cooperated with China Resources and once revived its vitality. However, because the industrial and commercial registration procedures of the enterprise could not be changed, Tao Boqiang refused to hand over the official seal, and the normal operation of Nanning Hongji was seriously affected. (This edition of the photo: Li Xinmin)
"Save the workers!" Save the business! This is a cry from 308 employees of Nanning Hongji Cement Products Co., Ltd. (hereinafter referred to as "Nanning Hongji") according to the real-name report letter with blood red handprints.
"Economic Information Daily" reporter recently went to Nanning to investigate and learned that the predecessor of Nanning Hongji was a state-owned enterprise established in 1964 - Nanning Cement Products General Factory, and after the restructuring was implemented in 2000 in the form of full shareholding of employees, the major shareholders headed by the chairman of the board wantonly encroached on the interests of employees but no one supervised, and more than 300 small shareholders of employees defended their rights according to law but it was difficult to get support. This cement products enterprise, which was once the largest and most efficient cement products enterprise in Guangxi, is now paralyzed by the party labor organization, the life of employees is difficult, and the enterprise is on the verge of bankruptcy.
Life is difficult for employee shareholders
The party labor organization was paralyzed
In Nanning in May, the worry-free flowers are blooming brightly, while the Nanning Hongji employees living in the living area of No. 29 Daxue East Road in Nanning City are worried. It is understood that after the restructuring of the enterprise, these employees are shareholders who hold shares in the company. But now their lives are extremely difficult.
"Our lives are too hard!" At the gate of the living area, Li Xiaoping, a 44-year-old female worker, said that she lived with a daughter who was in elementary school, and the mother and daughter lived in a 22-square-meter collective dormitory in the community, her monthly salary was only 1400 yuan, deducting rent and water and electricity, even living expenses were not enough, social security, medical insurance and so on had no money to pay. The reporter noticed that the single mother's eyes were soaked with tears between her words.
The 53-year-old Tang Zhiguang family of three lives in a 35-square-meter house. The couple's combined salary is only about 3,000 yuan a month, and they also have to support a daughter who has just graduated from vocational high school and has not yet found a job. Tang Zhiguang picked up his clothes, pointed to a scar on his waist, and told reporters that he was injured when he worked in the enterprise more than ten years ago, and now there are steel plates in it, often hurting badly, but he did not dare to go to the hospital. "Medical insurance has been cut off, and even if you can afford to get sick." Tang Zhiguang sighed.
Like Tang Zhiguang, Qin Jiaguang, Zhou Mengzhuo and others are old employees of Nanning Hongji, and their lives are equally difficult. Among them, Qin Jiaguang's family of four was crowded in a 33-square-meter house, and he pointed to a superimposed bed and introduced: "Usually two children sleep on bunk beds, and now the eldest son is married, the family can't live, and can only go out to rent." "Coming out of Old Qin's house, the utility room at the corner of the stairs heard a loud bang, and the reporter saw a rat looking for food...
The life of employees is so difficult, is the enterprise union aware? In this regard, the answer of Zheng Mingyou, secretary of the party branch and director of the office of the Nanning Hongji organ, surprised the reporter: "Don't talk about the trade union, even the party organization is paralyzed." ”
In the Nanning Hongji Yiling production plant, Liang Ping, former director of the party office, was interviewed by reporters. She said that before the restructuring, the company had 138 party members, and now there are only 58. Since 2012, enterprises have not developed new party members, and democratic life has basically not been opened. In July 2013, the company's party committee changed, the party secretary and chairman Tao Boqiang designated 9 candidates, of which 5 have gone through retirement procedures, this party committee was jokingly called "retired party member club" by party members. In particular, in the election of the discipline inspection commission, the candidate Huang Mingsen did not have more than half of the votes, but Tao Boqiang still announced that Huang Mingsen was elected and reported to the party working committee of the Nanning Economic and Technological Development Zone, and many party members reported to the party working committee of the economic and technological development zone before they were corrected.
The practice of the new party committee with Tao Boqiang as secretary has aroused strong dissatisfaction among party members, and many party members have not even paid their dues. The reporter found in the Nanning Hongji Party Office that 7 party members have no longer paid party fees since January 2015; 16 party members, including party secretaries, deputy secretaries and discipline inspection secretaries of enterprises, have no record of paying party fees since January 2016.
"Life in corporate unions is even more abnormal." Zheng Mingyou told reporters that the last time of the Nanning Hongji Trade Union was October 15, 2011, and there has been no re-election since the expiration of the term in October 2015. The chairman of the trade union has not worked in the company for more than two years, the new employees cannot apply for membership, and the guangxi employee medical mutual assistance guarantee for employees insured by the in-service employees last year expired because there was no trade union organization to take the lead in handling the procedures.
Zheng Mingyou said: "For the current situation of enterprises, especially the paralysis of party organizations, we have reflected on them many times. As the secretary of the party branch of the organ, I once submitted a material signed by nearly 30 party members to the Party and Mass Work Bureau of the Party Working Committee of the Economic Development Zone, but so far there has been no result. ”
Lack of corporate regulation
Major shareholders monopolize minority shareholders suffer
Why did Nanning Hongji end up in such a situation as it is now? He Dong, the company's general manager, believes that the main reason is the "lack of supervision". He said: After the restructuring, Nanning Hongji has become an enterprise without superior authority, and the major shareholders headed by Chairman Tao Boqiang have monopolized power and acted arbitrarily, and the interests of the small shareholders of the staff and workers have been seriously damaged.
Talking about Tao Boqiang's monopoly, Huang Wanqing, an employee of Nanning Hongji, told reporters about such a thing: In 2010, Tao Boqiang instructed the company to invest 1.56 million yuan to buy a German S350 Mercedes-Benz car for his own use, and let his full-time driver enjoy the treatment of the company's middle-level deputy. The cost of maintenance, use and driver's salary of this car exceeds 200,000 yuan per year. Huang Wanqing once made a kind reminder to Tao Boqiang on this, but Tao Boqiang said domineeringly: "Today in Hongji, I am the king." ”
"The arbitrariness of the number one has brought huge losses to the investment decisions and operation and management of enterprises." Liu Wupi, deputy general manager of Nanning Hongji, said that the company implemented the relocation and transformation of the Daxue Road production area and the Henan branch production area in 2003 and 2008 respectively, and the two relocations received a total of 290 million yuan of government support funds. Tao Boqiang used these funds to blindly launch commodity concrete projects, pipe pile projects, PE pipe projects, PC rod projects, etc. In January 2013, the pipe pile project was contracted to a boss in Guangdong named Lei. Due to Lei's repeated defaults, Nanning Hongji shareholders repeatedly proposed and requested the termination of the contract through the resolution of the shareholders' meeting, but Tao Boqiang refused to implement it, and the company lost more than 16 million yuan.
What the employees cannot stand the most is Tao Boqiang's corrupt behavior in the construction of the Hongji Industrial Park project. According to the approval of the municipal government, Nanning Hongji's factory located at No. 23 Changkai Road in Nanning should build an industrial standard factory building, that is, Hongji Industrial Park. In this regard, the board of directors proposed a plan for the company's self-financing and self-construction in phases, which was deliberated and approved by the company's shareholders' general meeting. However, Tao Boqiang arbitrarily decided to cooperate in the development of the project with Guangxi Guobin Investment Co., Ltd. (hereinafter referred to as "Guobin Company"), and signed the Joint Development Contract and the Lease Operation Contract with Guobin Company on February 15, 2012.
"Guobin Company is actually a private enterprise led by Tao Boqiang behind the scenes and established specifically to encroach on the interests of the shareholders of Nanning Hongji employees." He Dong told reporters that Guobin Company was established on November 18, 2011 after the Hongji Industrial Park project was approved, and is now registered in the industrial park; its construction of the industrial park lacks start-up funds, Tao Boqiang manipulated Nanning Hongji to lend 10 million yuan; according to the policy, Nanning Hongji as the main investment entity of the industrial park received 27.56 million yuan of financial subsidies from the municipal government, Tao Boqiang disregarded the opposition of shareholders and employees, identified Guobin Company as a "joint investment entity", and 70% of the financial subsidies of Nanning Hongji were identified as "joint investment entities" and 70% of the financial subsidies of Nanning Hongji were obtained. Delivered to Guobin Company.
In the Hongji Industrial Park, the reporter met Xu Guo, chairman of Guobin Company. He said that Guobin Company and Nanning Hongji are cooperative partners, according to the contract, Guobin Company invests in the construction of industrial park, and pays 5 million yuan of lease fees to Nanning Hongji every year, with 20 years of lease operation rights. Now the internal shareholders of Nanning Hongji are in conflict, but they have burned the fire to Guobin Company, and often Nanning Hongji employees come to the industrial park to make trouble... Talking about the reasons, Xu Guo suggested that the reporter find Tao Boqiang to understand the situation.
The reporter immediately contacted Tao Boqiang. After making more than 10 phone calls without answering and sending multiple text messages without reply, the reporter came to the home of Tao Boqiang, a community in jiahe nanhu capital next to Nanhu Park in Nanning City. But the Tao family's gate was closed, and dozens of petitioning workers from Nanning Hongji were gathered at the door. A worker named Roger told reporters that they had gone to the Municipal Social Security Bureau and other departments to report the situation on the company's arrears in paying employee social security and medical insurance, but no one cared about it, and finally had to come to surround the chairman's home. He said: "Look, Tao Boqiang lives in a mansion in such a high-end community, but he doesn't care about the lives of our difficult workers, and we come to block almost every day, and we can't even see the personal shadow." ”
It is difficult for minority shareholders to protect their rights in accordance with the law
Restructuring enterprises are in trouble
According to He Dong, for Tao Boqiang's dictatorship and corruption, the small shareholders of Nanning Hongji's employees have been reflecting the situation to the Economic Development Zone and the Nanning Municipal Government since 2014, but they have not been taken seriously. During this period, Tao Boqiang accelerated the pace of encroaching on the rights and interests of employees. In 2015, he approached Guangxi Shengjing Investment Co., Ltd. (hereinafter referred to as "Shengjing Company") to acquire Nanning Hongji assets at an ultra-low price. The employee's inquiry found that the Shengjing company, registered in the room on the sixth floor of a hotel near Tao Boqiang's home, had not had a transaction or tax in the three years since its establishment. In the same period, China Resources Cement Company, a large state-owned enterprise, proposed to acquire Nanning Hongji on more reasonable and favorable terms, but was rejected by Tao Boqiang.
The employee minority shareholders of Nanning Hongji began to protect their rights according to law. In accordance with the Companies Act and the Articles of Association, they held a general meeting of shareholders on 19 April 2016. A CD-ROM of the "4.19" shareholders' meeting recreates the scene at that time: nearly 80% of shareholders (representing about 60% of the shares) attended the meeting, and everyone voted for the new board of directors and the board of supervisors, and He Dong became the new chairman. However, when they went to the Economic Development Bureau of the Nanning Municipal Bureau of Industry and Commerce to handle the procedures for changing the legal representative of the enterprise, they encountered a red light.
Why did the industry and commerce department refuse to handle the change of legal representative for Nanning Hongji? The reporter came to the Economic Development Bureau of the Nanning Municipal Bureau of Industry and Commerce to learn about the situation. Chen Jia, director of the registration unit of the sub-bureau, said that when Nanning Hongji was restructured that year, it designed identity replacement shares and identity contribution allotment shares, ordinary capital contribution subscription shares, management level post shares and post allotment shares, that is to say, in fact, all employees have shares. However, they are not registered as "limited by shares", but as "limited liability companies". According to the provisions of the Company Law, the registered shareholders of a limited liability company are less than 50 people, and Nanning Hongji only registered 13 shareholders at that time, of which 6 natural person shareholders and 7 shareholding groups represented shareholders. This means that most of the employee minority shareholders are registered in the name of the representative of the shareholding group, and although they all hold the capital contribution certificate, they cannot be confirmed by the registration file.
Does this mean that there were problems in the system design of the original state-owned enterprise restructuring? Liang Fenglin, who was the director of the office of the Nanning Municipal Leading Group for Enterprise Reform and Rectification, denied it, saying that the reform of Nanning Hongji was carried out in strict accordance with the national policy, and as for the damage to the rights and interests of employees today, it should be an internal dispute of the enterprise. So, can the "4.19" shareholders' meeting held by 80% shareholders on behalf of about 60% of the shares be officially recognized? Mao Guoxing, director of the Economic Development Zone Branch of the Nanning Municipal Bureau of Industry and Commerce, said: "This matter is very complicated, and the Management Committee of the Economic Development Zone has held many coordination meetings for this purpose. Whatever the leaders of the management committee say, we will deal with it. ”
It is understood that after the "4.19" shareholders' meeting, Nanning Hongji once revived its vitality, and they cooperated with China Resources Cement Company to hang the sign of "China Resources Prefabricated Building Production Base" in the Yiling production plant. "However, because the industrial and commercial registration procedures of the enterprise could not be changed, Tao Boqiang refused to hand over the official seal, and the normal operation of Nanning Hongji was seriously affected." He Dong said that in particular, Tao Boqiang's original pipe pile project contractor Lei Mou was subject to multiple lawsuits for arrears of materials to suppliers, all bank accounts of Nanning Hongji were frozen by the court, freezing funds of 21.03 million yuan, resulting in the company's normal operation, on the verge of bankruptcy, hundreds of employees social security, medical insurance arrears, life is difficult, everyone began to jointly report and collective petition.
"In the restructuring of state-owned enterprises, adhering to the party's leadership is the key, promoting corporatized governance is the core, and ensuring the interests of the masses is fundamental." Li Jin, vice president of the China Enterprise Reform and Development Research Association and an expert on the study of state-owned enterprise issues, said in an interview with reporters that the collapse of the Party organization of Nanning Hongji, the imminent closure of enterprises, and the damage to the interests of employees are undoubtedly the failure of restructuring. How to supervise such a restructured enterprise? Who will investigate and deal with the embezzlement of the interests of employees by major shareholders? Why is it difficult for employees to protect their rights according to law? These should be the problems that the relevant departments must face and solve.
