Large Number Of Dishonest Executors, Units Entry Barriers

Xiao Tang entered the CHS fund company in April 17, 2015. He served as assistant to the general manager when he joined the position. He mainly assisted the general manager in management work, and later served as director of the integrated management department.

The employer signed a labor contract with Xiao Tang, with a monthly salary of 83000 yuan and a subsidy of 9000 yuan.

Xiao Tang was conscientious and responsible during his work. He did not violate any discipline, nor did he violate the rules and regulations. CHS fund company issued a letter in February 2016 to terminate the labor contract.

As a matter of fact, in December 1, 2015, when the company changed its director and legal representative in the local administration for Industry and commerce, the local administration for Industry and Commerce put forward that "Xiao Tang is the dishonest executor issued by the Supreme People's Court of People's Republic of China, and shall not act as the company's legal representative, directors, supervisors and senior management personnel, and request to replace directors who meet the requirements of the law".

After verification by CHS fund company, Xiao Tang has been regarded as a dishonest executor by the Supreme People's court because it has not paid off the debt of nearly about 19000000 yuan.

The company believes that when Xiao Tang entered office in 2015, he did not present the situation truthfully and there was fraud.

In addition, the company also believes that the assistant general manager of the small Tang department and director of the comprehensive management department, according to the "securities investment fund management senior management personnel management practices" stipulates that the securities investment fund industry senior management refers to the fund management company's chairman, general manager, deputy general manager, inspector general and the actual implementation of the above duties of other personnel, therefore Xiao Tang belongs to the company's senior management.

The huge debt burden has made Xiao Tang fail to meet the statutory requirements of senior executives.

So the company terminate its labor relations with Xiao Tang in February 2016.

Xiao Tang believed that even if he had a larger amount of debt, he was included in the dishonest executor, but the assistant general manager and director of the comprehensive management department was not the appointment of the board of directors, nor was he the senior manager of the company law and the CHS fund company's articles of association. Therefore, the reasons for the removal of CHS fund company were untenable and advocated the resumption of labor relations.

First, laborers may be included in the legal cases of the dishonest executors.

A number of provisions "Article 1:" the executor has the ability to perform and fails to fulfil his obligations under the effective legal documents, and has one of the following circumstances: the people's court shall include the list of those who have lost the trust and punish them according to law. (1) obstructing or resisting execution by means of forgery, violence, threats, etc.; (two) evading execution by means of false litigation, false arbitration or concealing or pferring property; (three) violating the property reporting system; (four) violating the restriction of the high consumption order; (five) the executor has refused to carry out the reconciliation agreement without justifiable reasons; (six) others have the ability to perform their duties and refuse to perform the obligations stipulated in the effective legal documents. According to the Supreme People's court's announcement of information on the list of persons who have broken the trust.

This means that labourers will be labeled as a "bad old Lai" if they conform to the above circumstances.

Obviously, if employers use the honest conditions as one of the conditions of admission when recruiting employees, the "dishonest old Lai" is obviously a laborer who does not meet the requirements of admission.

This is a restraint and warning for any labourer.

The 146th law of the People's Republic of China company law stipulates that "one of the following circumstances shall not be a director, supervisor or senior manager of the company:"

(five) a larger amount of debt is not paid.

If a company violates the provisions of the preceding paragraph, the election, appointment of directors, supervisors or appointment of senior management personnel shall be invalid. "

At the same time, the fifteenth section of the law of the People's Republic of China securities investment fund also stipulates that "one of the following circumstances shall not be a director, supervisor, senior manager or other practitioner of the fund manager of a publicly offered fund:"

(three) the amount of personal debt is relatively large and the payment is not yet due. "Therefore, as a laborer with a large amount of dishonest executors, it is very likely that they will no longer be eligible to serve as directors, supervisors and senior managers of the company, so that the performance of the labor contract will no longer meet the requirements.

In the aforementioned cases, the final court held that the senior managers of the CHS fund company of the Tang Dynasty not only had a large amount of debt but failed to pay off, and were included in the dishonest executor and did not have the qualification of the fund practitioners, so the CHS fund company decided that Tang Tang was the entry requirement for the senior managers of the fund company, and it would affect the continuous performance of the labor contract, and then rescind the labor contract.

Therefore, Xiao Tang's request to resume labor relations by CHS fund company's illegal rescission of labor contract lacks facts and legal basis, and the people's court finally failed to support it.

Finally, I would like to say that according to the Supreme People's court's announcement

The sixth provision of the list information stipulates: "the people's court shall inform the relevant government departments, financial regulatory bodies, financial institutions, undertakings and trade associations that have committed administrative functions to the relevant government departments, financial regulatory bodies, financial institutions, administrative institutions and trade associations, etc., in order to provide relevant units with credit punishment for the dishonest executors in the aspects of government procurement, tendering and bidding, administrative examination and approval, government support, financing credit, market access, qualification accreditation, etc.

The people's court shall notify the credit reporting agencies of the information about the list of the dishonest executors and record them in the credit reporting system.

The dishonest executor is a state worker, and the people's court shall notify his unit of his dishonesty.

Such a legal environment will further compress the living space of "dishonest old Lai" and limit its life and work everywhere. It will also have an important impact on boosting the construction of an honest society. It also warns of "losing faith and old Lai". If the execution of the case has the ability to fulfill and fail to perform, it may not be able to work at any time.

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