More than 300 employees paid for severance pay involves $ more than 13 million

Following the arrest of a hefty 260 million-dollar ticket and the legal representative and general manager Wang, the high-profile "fast-sowing" case has recently begun a new wave: At the end of October, more than 300 fast-seeding workers began writing petitions for joint claims.

A generation of "play artifact" encounter employees pay, can be paid by the staff members of the user questioned the work of "yellow" nature illegal, fast-seeding employees to pay is legitimate? Internet "grey space" risk who pays? The reporter started the investigation.

A generation of "play artifact" encountered employees pay

This April, Shenzhen Fast Broadcasting Technology Co., Ltd. was reported to be suspected of disseminating obscene articles, the Beijing Municipal Public security organs for this purpose to establish a case for investigation, and frozen the fast-seeding funds account. In August, Wang, the legal representative and general manager, was arrested outside the territory and the case was transferred to the procuratorial organ for review and prosecution.

In the June, the rapid release of all staff, the company stopped operating. Salaried employees said: The employee's monthly wages and statutory compensation has also been unable to issue, involving more than 300 people, the amount of more than 13 million yuan.

"In order to taohai these due income, we first through the Shenzhen Lo Wu Labor Arbitration Commission for Arbitration, and then to the Shenzhen Nanshan District Court for enforcement, the court on the fast-sowing employee compensation award results are mandatory, the deadline for six months." Employee on behalf of Mr. Pan told reporters.

However, these payments had not been successfully honoured because they involved both criminal and civil cases. "The company accounts are not unfrozen in criminal cases and we can only draw banners at the Shenzhen Civic Centre in the hope that the government will expedite the process," he said. Mr. Pan said that the dismissed employees had pregnant and lactating women, as well as fresh graduates, who had little savings, and urgently needed wages to be released as soon as possible.

"Judging from the judicial practice, the criminal cases take precedence over the civil cases, so it is difficult to pay the employees ' wages immediately, and it is necessary to clarify and define the related interests by the receiving Party of the criminal cases, and then formulate the specific scheme to release the company accounts." Said Liu Heng, a professor at Zhongshan University Law School.

The Netizen questions: The enterprise is operated illegally, whether the employee is entitled to claim salary?

It is noteworthy that some netizens have questioned the reasonableness of the fast-seeding employees ' salary, "the fast-seeding employees did not know their company is to do the yellow video site?" If a bathing centre offering erotic services is closed down, does the staff there dare to pay for it? ”

In this respect, Liu Heng believes that regardless of whether the unit is illegal business, the salary is the natural rights of employees, the legitimate rights and interests of employees should be supported, and, in accordance with the "People's Republic of China Bankruptcy Enterprise Law", once the rapid broadcasting into bankruptcy liquidation, employee legal wages should be given priority before administrative fines.

In addition, the labor contract law of the People's Republic of China stipulates that the employer shall pay the economic compensation to the laborer if the employing unit is revoked, ordered to close, revoked or the employer decides to dissolve the unit in advance.

Mr. Pan said that the funds in the company's accounts at least the company's hardware and games in the legitimate business income, and the company should not deduct the law should be deducted from the income of employees, I hope the relevant cases can be verified as soon as possible, to pay wages and compensation for employees.

Guangzhou Guang Xin June da law firm lawyer Song Ze said, an enterprise has many departments, most uninformed manpower, technology and other employees have the right to obtain wages and economic compensation as soon as possible, and the competent and directly responsible personnel involved in criminal acts, and their wages should be confiscated as illegal income.

However, some legal persons have also proposed that the fast-seeding of the yellow criminal case has not yet been decided, the public security organs frozen accounts are not defined, the specific amount of money is still unknown, whether there are other employees involved in which also can not be determined, therefore, the salary can be supported to distinguish between specific cases,

Fast-seeding Pay alerts Internet "grey space" risk

Some people in the industry have suggested that the controversy over the quick-seeding of employee pay is also a concentrated outbreak of legal risks in the "Robin era" of internet video industry.

Xu Mingxuan, a legal worker, has written that the Internet video industry has a complex form, vague legal nature of "search-oriented" "Deep link" and so on, these acts are tort or technological innovation, in the judicial, copyright law enforcement community has greater controversy.

And the fast broadcast claims that it is only a player, its server for the third party to watch film and television to provide technical support, do not make Web content, so the content does not assume the obligation to review, this "safe haven" principle has made the rapid broadcast in a number of film and television copyright infringement litigation throughout the body and

However, as a result of its business model of the network copyright infringement problems and the spread of internet pornography culture, aroused the strong dissatisfaction of the right people and the public, with the state "pornography net 2014" in the "gray zone" of the illegality of the nature of the "Robin era" as the "roving" representative, The fast-seeding also inevitably goes to the "death".

With the rapid development of the Internet, new and rapidly emerging industries may exist to use technology to navigate the edge of the law products, once the industry collapses, grass-roots "code farmers" and other employees will also become victims. Network and E-commerce law expert Liu and other industry experts said, for the emerging new business, the relevant laws and regulations need to follow up, extrusion industry development "gray space" to avoid similar incidents.