The winter of capital seems to be pouring into the crazy VR, AR field. In recent days, there have been incidents in which employees who have had A round of financing of RMB 20 million have come out of employees’ paychecks. Dozens of the “fore employees†of the King Vision Group have been recovering wages and reimbursement that owed them more than 2 months and totaled nearly 2 million yuan.
A “particular employee’s wage arrears breakdownâ€, which was spontaneously counted by an employee's rights protection staff, showed that 49 employees were owed wages, and they were owed 1.5557 million yuan in wages, and they were owed a repayment amount of 388,800 yuan. For a start-up company with only 60 or so people, this list means that the unpaid wages have almost covered the entire staff. The vast majority of employees have not paid salaries in July and August and the salary of individual employees is still in arrears in June. Personal arrears amounted to 80,000 yuan.
On October 28th, Zhongjing employees paid their rights to pay their salaries. However, the rights protection site is not a public view company, but the office of the company's shareholder Wang Xiangyun.
Wages arrears
Business registration data shows that Zhongjing Vision (Beijing) Technology Co., Ltd. was registered on October 28, 2014, with an initial registered capital of 1 million yuan. Wang Xiangyun and Ma Shuqing are shareholders of the company's natural person. Wang Xiangyun is the legal representative of the company. Another identity of Wang Xiangyun is Shengjing Network Associates. The company has invested in a number of institutions including Tsinghua Holdings, Ziguang Stock, and Dachen Venture Capital.
On December 23, 2014, Zhongjing Vision introduced three shareholders, Liu Junfeng, Beijing Zhongjing Ruifeng Investment Management Center and Beijing Zhongjing Zhifeng Investment Management Center. Liu Junfeng is the founder and public company CEO of Zhongjing Vision. Prior to this, Liu Junfeng had worked in Motorola and Lenovo Group for nearly 20 years. He graduated from the Department of Precision Instruments of Tsinghua University and belonged to the “Tsinghua University†with Wang Xiangyun.
On March 25th, 2015, Zhongjing Vision introduced two investors, Dongfang Wangli and Pathfinder (Tianjin New Beginning Investment Co., Ltd.). The registered capital of the company was changed from 1 million yuan to 1,333,300 yuan. Liu Junfeng became the legal representative of the company. Wang Xiangyun is a shareholder. Rights Employees told reporters: "This financing is 15 million yuan."
On February 29th, 2016, Zhongjing Vision introduced the investment of Shenzhen Dachen and President Xiao Bing. Shenzhen Dachen was ranked first in the "Top 50 Chinese Venture Capital Institutions 2015" selected by Zero2IPO. Zhongjing employees said, “This financing is 20 million yuan.†Several employees told reporters: “The company’s CEO Liu Junfeng has publicly indicated that the funds have arrived, and company finances can also prove that 35 million yuan has entered the company’s account.â€
After this financing, Zhongjing Vision held a press conference to announce that the company had taken the lead in completing the "16ms-17ms mobile VR machine with a delay time to meet the low latency standard within 20ms" in August 2015. The VR product delay was less than 20ms. It is possible to eliminate vertigo. Zhongjing expects its products will be available in the third quarter of 2016.
However, what is surprising is that “only in the past two months or so, the company has no money,†Zhong Jing staff Tao Xing (a pseudonym) told reporters: “In May, someone was already owed a salary. And, there are My colleagues did not pay social security provident funds in May.†However, it was not until August 25 that employees had found “not paid†or “transferred out†when they searched for social security and provident fund. The money came, and the company began to find employees to talk about 'reductions, layoffs'."
However, in Tao Xin’s view, “Before March and April, the company had only 40 employees and the salary was not much. Moreover, the company’s products did not formally enter into the promotion process and only produced hundreds of products. The supplier’s payment was only paid. In half, the combined annual expenditure is about 2 million. It is impossible to burn 20 million in just a few months.†In addition to the more than 2 million wages, there are still unsatisfactory supplies in the public view. About 1.6 million yuan of commercial and commercial funds.
Rights Protection
After several collective consultations, about 30 employees signed the “Resignation Agreement†on August 30. “We are willing to abandon the layoff compensation, but we need to make up for the outstanding wages, five insurances and one gold.†The “Seal Agreement†stipulated by the company’s official seal and signed with the company’s official seal stipulates that the public shall be required to “pay†social security for employees for July and August in “one monthâ€, pay for the provident fund in June, July, August, and taxes in June, July, and August. And within two months, the reimbursement of arrears and payment of wages were completed.
“Another 20 or so employees who are willing to lower their wages and remain in the company are also told that the company’s operation could not continue on October 11th.†Tao Xin told reporters: “Each time the collective negotiation, Wang Xiangyun and Liu Junfeng have attended and expressed their opinions. After October 11th, CEO Liu Junfeng lost contact, reached the deadline agreed in the agreement, and could not find anyone else.We could only go to Wang Xiangyun with Shengjing Wanglian. After all, most people were originally endorsed by Shengjing Netcom. The company that came here."
However, at present, Wang Xiangyun has issued a statement stating that “the subject of arrears of employees’ salaries is the public view, not the company’s shareholder Wang Xiangyun. In accordance with the law, the company’s shareholders have only limited liability to the company within the scope of their investment, and they are not obliged to pay employees’ Wages. I have no labor relations, no posts, no pay in the public view."
In the same period of rights protection, Zhongjing staff has initiated collective arbitration and litigation and is currently awaiting court hearings. However, they are not optimistic. "The company does not have much assets. Even if it goes bankrupt, it will not be enough for everyone to pay."
In fact, most startup companies that have broken funds will face this dilemma. Even if they are liquidated, the company’s assets will not be enough to pay salaries. Some of the founders will repay their employees' salaries through self-raised funds and find jobs for their employees. Of course, there are also those who “walkâ€. However, the latter is only a handful, because once it has “walked the roadâ€, it is equal to saying goodbye to the entrepreneurial circle.
According to Hong Guibin, a well-known labor lawyer and lawyer of Shanghai Huiye Law Firm, “The situation of them (Zhongjing) is obviously a case of malicious wage arrears. They can go to public security agencies to sue for 'malicious wage arrears'.†May 1, 2011 Article 41 of the "Criminal Law Amendment (8)", which was implemented, stipulated that: "In order to evade the payment of laborers' labor remuneration or the ability to pay without paying the laborers' remuneration, the transfer of property, escape, etc., is a relatively large amount. The relevant department ordered the payment of unpaid behavior “constituting “malicious wage arrearsâ€, and the official offence of “malicious arrears†was “refused to pay labor compensationâ€.
Constituted the crime, generally imposes fines on employers, directly responsible persons (such as legal representative, personnel responsible, etc.) can be imprisonment for not more than 3 years of imprisonment or criminal detention. In Hong Guibin's view, "Starting companies that owed wages through civil lawsuits often have cases of "winning and not recovering money," but criminal proceedings can be used to hold company legal persons and shareholders accountable."
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