“The temporary was notified to return to the company to meet, but the result was a dismissal, and the docking was still a person who did not know.”
Xiaomi from Zhuhai worked for less than half a year in the local Golden Baby, and was forced to leave because of poor operation.At a sedentary meeting a few days ago, it was a stranger who notified her to sign the voluntary resignation agreement, which is the so -called “professional closed store person”.
“Professional closed store persons” usually refer to people who specialize in helping business difficulties, bankruptcy or intentional evasion of debt responsibility to conduct people who have operations, asset transfer, and debt avoidance.
“Professional closed store people are not talking to us with sincerity, (and) with the plan. When the salary is out, it is not that we will say it, it is her decision.” Xiaomi wrote this paragraph on social media on social media.In the experience, she did not expect that in the end, she ended this early education work with a call. The first small group was actually Farewell.
The impact of the “dual reduction” superimposed epidemic, a large number of teaching and training institutions have not been able to carry the cycle, and some of these malicious closures and conspiracy to raise the road have drilled the legal supervision loopholes in the prepaid market and the change of corporate legal persons.At the same time, the weakness of consumer rights protection has been seized, and the “golden cicada shell” is achieved.
Industry insiders with many years of enrollment experience told interface education that in terms of closing business alone, there are two main cases. One is to help the campus reasonably close the store, find the campus to undertake the campus, and transfer the closed store school to another campus.Form a win -win state of campuses, parents and third -party companies.
The second is illegal operation. A large number of enrollment payments before closed stores, discounting the original price class to absorb the tuition of parents. This has led many parents to pay less than a week after paying the fee, and the school will be closed without any compensation measures. There are no compensation measures.Even replacing the legal person with a professional backup, which led to the lack of complaints of parents, and eventually did not get compensation.
“Now the public opinion of social opinion is a derogatory term. It is relatively one -sided. It is necessary to correctly treat the closing store and the impact on parents and society. You cannot simply think that closed stores are inferior business.”
Not only the education industry, but the pre -paid industry on the market has the “professional closed store person”.
In July 2022, Gan Zhibin, a lawyer of Guangxi Liu Sheng Law Firm, represented a lawsuit of a member of the beauty salon membership. This beauty salon held the final member recharge event under the “professional closed store person”.Overception, more than 40 members’ recharge cards cannot be refunded and used normally.
“No matter which industry, professional closure stores are almost the same.” Gan Zhibin told the interface education that basically replaced the legal person, and then did the last wave of promotional campaigns to cut leeks, and finally closed the store.
“Professional closed store person” also predicted that consumers followed the rights protection, and even the results were in their control.
According to Gan Zhibin, “professional closure people” often use relatively cheap solutions, such as 30 % to 40 % off according to the amount of recharge, forcing consumers to sign a refund agreement.In order to minimize losses and reduce time costs, at least 780 % of consumers will accept this discount plan.
“In the end, there are fewer parents who really choose to protect their rights.” Gan Zhibin told interface education that most parents can be selected through this solution.
In response to the remaining “nail households”, “professional closed store” is also confident to “retreat” in the court -it is the most common operation to replace the legal person into an old man who has no ability to repay.
Tianyancha showed that in January this year, Golden Baby changed its legal representatives to Chen Xiongsheng in Beijing, Tianjin, Shanghai and other places.According to CCTV News, Chen Xiongsheng is a 53 -year -old man in a village in Huidong County, Huizhou, Guangdong.
Gan Zhibin said that the replaceable legal person has two major characteristics. First of all, the credit report is a “white household” without stain, which is convenient for the legal person and shareholders.
The second is mostly rural or older people. Even if they eventually become legal dishonesty, they are executed, but for them, because they live in rural areas or underdeveloped areas, there is no loan or a plane high -speed rail.And the demand for high consumption.
“The final disciplinary measures of the dishonesty did not have much impact for them.” Gan Zhibin said.
On the social media platform, these “professional closed store people” solicit business in a more hidden way, usually a picture, accompanied by large fonts such as “safe body retirement”, “timely stop loss”, “low -cost transformation exit”Essay.
Interface education is contacted with the “professional closed store person” as the principal of the teaching and training institution. The other party stated that he can help the teaching institution to close the store.The other party has not moved further.
Gan Zhibin told interface education that the charges of “professional closed store people” are generally related to the debt scale of closed store companies, with a proportion of 10%-15%.This means that if it is a company with a scale of the refund of a million levels, the “professional closed store person” can earn 100,000 in one business.
How to prevent malicious closing stores in law and policies in such a routine -based closing model and the trap of cutting leeks?Can the debtor really escape the responsibility of dealing with it easily?
“In judicial practice, it is difficult to identify the identity and real purpose of professional closed stores and back debts.” Gan Zhibin said, “Even in the case we undertake, when the trialIt is difficult to distinguish “”
Is the replacement legal person out of the purpose of maliciously closing the store?Or does it take to take over because the original boss did not operate well, but then did not go down before it was operated?It is difficult to distinguish between the two.
“Even if the lawsuit is finished, there is no way to distinguish it. Because the court will not make a discrimination against his true purpose.” Gan Zhibin said, but if the change of behavior is obvious, the criminal case of the public security organs isForm a certain blow.
From the results, rights protection is not completely hopeless.Gan Zhibin took over the case and closed the case a few years ago. The case was closed a few days ago.
According to Gan Zhibin, the special feature of the case is that the defendant of the beauty salon is an individual industrial and commercial households. According to the law, individual industrial and commercial households have unlimited joint responsibility for all property.Through industrial and commercial registration, you can also find the information of the receiver and the original boss (defendant), so the refund responsibility fell on the original boss’s head.
In Gan Zhibin’s view, this is a good signal.Strictly speaking, in accordance with the contractual relationship or the legal determination of mechanical laws, the ultimate responsibility may not fall into the head of the original boss, but the court still supports the plaintiff’s demands based on the actual situation of the store.
