"The purpose of the measures for enterprise restructuring formulated by the district government is to standardize the enterprise restructuring work and make the restructuring work ...... in an orderly manner."

Bao Feiyang said at the meeting: "Since the reform and opening up, including our Huixun District, all parts of the country have done a lot of work, made many attempts, and made a lot of achievements in economic development and enterprise restructuring, of course, there will be some problems. ”

The leader once said that reform is to cross the river by feeling the stones, and we must dare to try, and the other meaning of this sentence also tells us that reform can neither blindly seek stability, but also can not simply seek speed, and our actions can not be slow, but before making actions, think more and fully consider all aspects of factors, which is also very necessary. ”

Bao Feiyang said: "In the work of enterprise restructuring, I think we must attach great importance to the interests of three aspects, first of all, the interests of the state and the collective, specifically the loss of assets of the state and the collective. Now there is a general view that the operating conditions of some enterprises are very bad, and it is better to lower the requirements and reform the system as soon as possible than to continue to rot like this; after the restructuring, the operating conditions of the enterprises will improve, and the government will not have to continue to invest in these enterprises, and the tax revenue can be increased, and the employees of the enterprises can also lead the salary, and the local economy can also be invigorated, which is a win-win situation. ”

"It makes sense......"

Bao Feiyang smiled and said: "It's like Zhang San's family has two acres of land, and if you can't plant it yourself, you can only be wasted, Li Si said that you might as well give me these two acres of land, I can plant these two acres of land, and then I can give you two catties of rice every year, it's better than you being barren......"

Bao Feiyang shook his head and said, "Of course, the analogy I made may not be correct, but the principle is the same. Some businesses are really in a bad situation, and this is due to a lot of factors. However, the existence and development of the enterprise to the present, the assets and value of the enterprise are objective, and must be correctly evaluated, and in the process of transformation, these assets and values should also be realized as much as possible, and artificial underestimation should not exist. That is to say, if the enterprise is really bad and has no value, or the value of the enterprise is not as good as the cost of transformation, then it will go bankrupt directly, or the government will pay the company to marry off, but if the enterprise has value, then the value of the enterprise should be reflected through fair and just means. In response to this problem, we have made more detailed provisions on asset appraisal in the restructuring measures, and also stipulated that the restructuring plan should be made public, and if conditions permit, it can be open to bidding, and the best ...... can be selected."

Bao Feiyang gave a brief introduction to the restructuring measures, focusing on the original intention of the introduction of this method in the district, as well as some provisions that everyone is more concerned about: " In the past some restructuring work, we often encounter such a situation, some enterprises are not very good at the current operating situation, and even have more debts, the value of net assets is very low, some people hope to use a very low price to obtain the equity of these enterprises, and even the grassroots government also feels that even if these enterprises are sent out, the enterprises can be invigorated, can pay wages to workers, and do not need the government to continue to put money into it, which is also the preservation and appreciation of public assets......

Bao Feiyang said: "There is some truth in this statement, but we should also see that even if some enterprises are encountering difficulties now, they have no value at all since their establishment and development...... These are resources, and they all have value. Why are some of our enterprises able to win the favor of foreign capital and some private enterprises? It is also because of these accumulated values, we can assume that building a factory from scratch can be compared with directly acquiring a small enterprise that is about to go bankrupt? There are some things that cannot be reflected in traditional asset auditing, but we cannot ignore them!"

Yao Qi couldn't help but retort and said: "Chief Bao, you may be too optimistic about the situation of our enterprise, in fact, taking over a company in distress may indeed be able to save some time and procedures, but the technology of these enterprises is often extremely backward, the products do not have any market competitiveness, and the goodwill is also very bad, compared to the debt of the enterprise, as well as the burden of the enterprise in redundancy and other aspects, if there is no government support, many enterprises are likely not to be willing to take over." ”

Bao Feiyang glanced at Yao Qi, and then nodded: "Secretary Yao said that this situation does exist, so we should do a good job of researching the situation, neither let the loss of public assets, nor ask for the price indiscriminately, so that the enterprise restructuring fails, in addition to research, the best way is to make the restructuring open and market-oriented, you may think that this enterprise is not valuable, but some people think that this enterprise is valuable, only if it is made public, let everyone participate, the value of the enterprise can be reflected!"

Bao Feiyang continued: "The second interest is the interests of employees, which is also highly valued, in many enterprises submitted the restructuring plan, have continued the traditional practice, that is, the cost of employee identity conversion is converted into the cost of restructuring, in the calculation of the net assets of the enterprise, with the total assets, after subtracting the total liabilities, and then subtracting the cost of employee identity conversion, and finally get the net assets." ”

"Employees have changed from employees of public enterprises to employees of joint-stock and private enterprises, from lifelong contracts to enterprise employment contracts, and from iron rice bowls to contract workers who may be fired by enterprises at any time, which is unacceptable to employees of many enterprises. The current practice is to buy out the length of service, and more strictly speaking, it should be a certain amount of economic compensation to employees when the labor relationship is terminated, as well as the security expenses of internal retirees when the enterprise is restructured, or the redemption of long-term contracts......"

Bao Feiyang said: "Due to historical reasons, the employees of our public-owned enterprises can not be dismissed, economic compensation or buyout of seniority is to straighten out labor relations, from the perspective of enterprises, only by straightening out labor relations, enterprises have the right to dismiss employees, in order to fundamentally break the iron rice bowl of enterprise employees, further promote the performance of wages and internal reward and punishment system, improve the management and production efficiency of enterprises, which will also determine the key to the success of enterprise restructuring." From the employee's point of view, they have lost the right not to be dismissed, and they may be fired at any time in the future compared to the previous iron rice bowl...... We will not discuss whether it is reasonable or not, the government must be responsible for these employees, so the financial compensation of employees is also reasonable to a certain extent......"

"The assets of the enterprise come from the investment of the state and the locality, and from the work of the employees of the enterprise, so according to the current practice in many places, the assets are divided into three parts, one part is the debt, and the other part is the debt owed by the enterprise to the employees, including the arrears of wages owed by the difficult enterprises, medical expenses, fund-raising funds, etc., as well as the money for buying out the length of service, and the rest is the net assets. ”

Bao Feiyang said: "This approach, there is a certain reason, but there are also certain problems, according to the restructuring of some enterprises, as long as the restructuring party according to the net assets of the capital contribution, you can obtain the corresponding enterprise shares, enjoy the corresponding asset rights and corresponding debt obligations, but in practice, we also found that many enterprises after the restructuring, the restructured enterprises did not pay their debts to employees, that is, arrears of wages and other expenses, let alone pay the cost of buying out seniority......"

"This raises a problem, if it is an enterprise with total assets of 10 million, the company's external debt is 5 million yuan, and it is in arrears of employees' wages. Welfare and other 2 million yuan, employees buy out the seniority of 2 million yuan, the restructuring party only needs to pay one million yuan, can obtain a total assets of 10 million yuan of enterprises, according to the restructuring plan, the enterprise needs to bear 9 million yuan of debts and expenses, but in fact, the restructured enterprise did not actually repay these debts and expenses, a simple way is that the restructuring party in the acquisition of the controlling stake in the enterprise, through various means to transfer the assets of the enterprise, leaving an empty shell, relying on all or part of the debt, and did not pay employee expenses……”

Bao Feiyang said: "Let's not talk about the debt problem for the time being, just straighten out the labor relations, according to our research, most of the restructuring enterprises did not follow the restructuring plan, the actual expenditure of the corresponding buyout costs, many enterprises are operating methods, only when the employee is dismissed, the enterprise will pay economic compensation, as long as the enterprise continues to hire these employees, the enterprise will not pay compensation, then the corresponding assets are actually occupied by the shareholders of the enterprise free of charge." ”

"We have even found that after the restructuring of some enterprises, a large number of employees have been laid off, but they have also not paid compensation in accordance with the regulations, and a large number of laid-off workers will eventually find the government, and enterprises will say that they are unable to pay the relevant expenses for various reasons, which has brought great hidden dangers to social stability. ”

"This situation is very serious, for example, a pharmaceutical factory in a neighboring province was acquired and restructured by a private enterprise, and in accordance with the provisions of the restructuring agreement, all the registered employees of the original pharmaceutical factory were all received and properly resettled by the restructuring enterprise, and more than 21 million yuan of employee placement costs were deducted from assets in accordance with the national policy, which was used rationally by the merger party. However, after the restructuring of the enterprise, it refused to fulfill its commitment to restructuring, and even canceled the existing benefits of the original factory employees, which triggered a series of petitions. ”

"Examples of this abound......"

Bao Feiyang said: "In order to get rid of the local burden, many of our grassroots cadres have chosen to simply transfer the debt and employee placement issues to the restructured enterprises, trying to transfer the contradictions and ...... in this way."