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*ST腾信(300392.SZ)收到由北京朝阳区人力资源和社会保障局出具的行政处罚决定书

*ST Tencent (300392.SZ) received an administrative penalty decision issued by Beijing Chaoyang District Human Resources and Social Security Bureau

Zhitong Finance ·  Dec 18, 2022 16:16

Zhitong Financial APP News, * ST Tencent (300392.SZ) issued a notice that the company recently received a "decision on Administrative punishment" issued by the Human Resources and Social Security Bureau of Chaoyang District of Beijing.[2022]No. 00188), the main contents are as follows:

I. illegal facts

On July 28, 2022, our bureau received complaints from Li and Zhao one after another, reflecting the existence of unpaid wages in Beijing Tencent Innovation Network Marketing Technology Co., Ltd. Our bureau approved the filing of the case on the same day. After investigation, your unit did not pay a total of 4632960.01 yuan in wages for 57 people, such as * and Yan *, from March to July 2022. Our bureau served on your unit a notice of order (time limit) for correction on August 26, 2022.[2022]12519), asking your unit to correct the behavior that 57 people, including * and Yan *, owed a total of 4632960.01 yuan in wages from March to July 2022 before September 15, 2022. The investigation on October 14, 2022 confirmed that your unit paid a total of 739028.71 yuan for 55 people, including Yu and Yan, in March 2022, and 6 other people, such as Zhao and Wang, applied for arrears of wages through the labor arbitration department. Your unit overdue payment in *, Zeng * and other 50 people's wages totaled 3670587.16 yuan from March to July 2022. In the investigation, we obtained direct evidence such as "Business license" (copy), "payroll" from March to July 2022, wage payment vouchers, relevant materials of labor arbitration and so on. The trustee of the legal representative of your unit admits the above facts, as evidenced by the "record of inquiry".

Second, the basis for violating the law:

(1) the above-mentioned acts of your unit constitute item (1) of Article 85 of the Labor contract Law of the people's Republic of China: "failure to pay labourers' remuneration in time and in full in accordance with the provisions of the labor contract or the provisions of the State", it's an illegal act.

According to Article 85 of the Labor contract Law of the people's Republic of China: "if the employer commits any of the following acts, the labor administrative department shall order the labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage, the difference shall be paid. If it fails to pay within the time limit, the user shall be ordered to pay additional compensation to the laborer according to the standard of not less than 50% but not more than 100% of the amount payable: (1) failing to pay the laborer's labor remuneration in time and in full in accordance with the provisions of the labor contract or the provisions of the state.

(2) the above-mentioned acts of your unit constitute item (3) of Article 30 (1) of the regulations on Labor Security Supervision: "ordered by the administrative department of labor security to correct and refuse to correct," or the act stipulated in refusing to perform the administrative decision of the administrative department of labor security belongs to the illegal act ordered to correct and refuse to correct.

According to Article 30 (1) (3) of the regulations on Labor Security Supervision: "whoever commits any of the following acts shall be ordered by the administrative department of labor security to make corrections. For the act specified in item (1), item (2) or item (3), a fine of not less than 2000 yuan and not more than 20,000 yuan shall be imposed: (3) ordered by the administrative department of labor and social security to refuse to correct, or refuse to comply with the provisions of the administrative decision of the administrative department of labor security.

III. Administrative penalties

(1) Administrative handling

Beijing Tencent Innovation Network Marketing Technology Co., Ltd. shall, within 15 days from the date of receiving this administrative decision, pay a total of 3670587.16 yuan to *, Zeng * * and other 50 people from March to July 2022, and pay a total of 1835293.58 yuan in compensation according to the standard of 50% of the amount payable, with a total of 5505880.74 yuan. For details of the relevant wages and additional compensation, please refer to the attached table of unpaid wages of employees in Chaoyang District of Tencent Innovation Co., Ltd.

If your unit is not satisfied with this administrative decision, it may, within 60 days from the date of receiving this decision, apply to the people's Government of Chaoyang District of Beijing for administrative reconsideration; it may also directly file a lawsuit with the people's Court of Chaoyang District of Beijing within six months. The implementation of the administrative decision shall not be affected during the period of administrative reconsideration and litigation. If it does not apply for administrative reconsideration, bring a lawsuit to the people's court or comply with the administrative decision within the time limit, our bureau will apply to the people's court for compulsory enforcement in accordance with the law.

(2) Administrative punishment

According to Article 30 (1) (3) of the regulations on Labor Security Supervision: "whoever commits any of the following acts shall be ordered by the administrative department of labor security to make corrections. For the act specified in item (1), item (2) or item (3), a fine of not less than 2000 yuan and not more than 20,000 yuan shall be imposed: (3) ordered by the administrative department of labor and social security to make corrections, or refuse to perform the administrative decision of the administrative department of labor security, it is decided to impose a fine of 10000 yuan on Beijing Tencent Innovation Network Marketing Technology Co., Ltd.

Your unit shall, within 15 days from the date of receiving the written decision on administrative penalty, present the payment form of administrative penalty to bank of deposit or the nearest bank to pay the fine, and shall not pay the fine within the time limit. Our bureau will, in accordance with Article 72, paragraph 1 (1) of the Administrative punishment Law of the people's Republic of China, impose an additional fine of 3% of the amount of the fine every day. The provision that the amount of the additional fine shall not exceed the amount of the fine shall be enforced. According to the provisions of paragraph 2 of Article 66 of the Administrative punishment Law of the people's Republic of China, "if a party does have financial difficulties and needs to postpone or pay the fine by instalments, it may be suspended or paid by instalments upon the application of the parties and the approval of the administrative organ", if your unit does have financial difficulties and needs to postpone or pay the fine by stages, it may submit a written application to our bureau within 15 days after receiving the payment form for administrative penalty.

If you do not accept this penalty decision, you may apply for administrative reconsideration to the Beijing Chaoyang District Citizen Government within 60 days from the date of receipt of the administrative penalty decision, or you may directly file an administrative lawsuit with the Beijing Chaoyang District people's Court within six months. If he refuses to accept the administrative penalty and applies for administrative reconsideration or initiates administrative proceedings, the administrative penalty shall not be suspended. If it does not apply for administrative reconsideration within the time limit, or is not satisfied with the administrative reconsideration decision, nor brings a lawsuit to the people's court nor complies with the penalty decision, our bureau will apply to the people's court for compulsory enforcement in accordance with the law.

The translation is provided by third-party software.


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