Tuesday, August 14, 2012

The commercial hospital of Jiangxi " Deposit the door " The investigation - agreement dispute causes the hospital to be closed down suspend operations

The commercial hospital of Jiangxi " Deposit the door " The investigation - agreement dispute causes the hospital to be closed down, suspend operations
The commercial hospital of Jiangxi " Deposit the door " The investigation - agreement dispute causes the hospital to be closed down, suspend operations
Hospital front door where there are very few callers today. Hospital infusion room where people come and go in the past. 7 years ago, state-run one faced the predicament of surviving, had difficulty in taking a step from the commercial hospital of Jiangxi Province of public institution that is propped up accepting; 7 years ago, a doctor from Guangdong, this hospital of self-raised fund trusting; Over the past 7 years, the commercial hospital net assets are from 50,000 yuan (excluding the house property) Appreciation is to more than 5 million yuan; From on the verge of bankrupt, to authorized to the three-star community health Center by the department of public health of Jiangxi Province, the president discusses that will be respectful that is chosen as advanced individual by the health bureau of the district too; However, today 7 years later, the fierceness in various contradictions falls down to the ground while crossing swords with a loud crash in the hospital of this community. In the morning of one day in August, the reporter lies in Nanchang to breed this commercial hospital on the new way, only see it is desolate in front of the gate, there are very few callers, though the signboard of the hospital is still striking, but nothing but empty room is left in the whole courtyard, only the former president discusses that will be respectful that still sits in the hospital alone. At this moment, an old man of community came up and spoke a word: "The hospital in perfectly good condition is done so much as to close the door to stop doing business, hurt these of ours bitterly and see the doctor the difficult community old man. " 7 years ago, an agreement made the commercial hospital on the way to deposit The commercial hospital predecessor is a commercial worker's hospital in the province, and then accept from the state-run public institution that is propped up by oneself as one, and by the executive of supply and marketing cooperative of Jiangxi Province, are under the jurisdiction of the logistic service centre of organ under it directly. On April 19, 2004, the supply and marketing cooperative of Jiangxi Province signed to deposit the agreement with Industrial Co., Ltd of Guangzhou Joe country formally. The agreement makes clear the purpose and main theme from the very beginning: Help hospital develop, help worker increase income, help record appear vividly under the prerequisite to have assets, according to the voluntary, mutually beneficial principle, trust the management and administration of the commercial hospital of Jiangxi Province with full authority. And as discussing that will be respectful of shareholder of Industrial Co., Ltd of Joe's country, this hospital of self-raised fund trusting, and become the presidents of this institute. The trusteeship time limit of this hospital is 50 years, the responsibility system of the president that implements under the leadership of board of directors that the agreement is defined. After depositing, implement system of appointment, more pay for more work, distribution principle giving recompense according to the amount of labour expended, it is not lower than the wage standard of the file of the same period to cash and accept an appointment of the annual income per capita of the staff in principle. However, deposit and has not got the supporting of all workers. 3 years later will it be November 26 2007, one sign " commercial staff of worker's hospital in Jiangxi Province " "report material" In front of the ones that have sent to the supply and marketing cooperative in the province and led. These workers think: Deposit the agreement and is signed under the situation passed by congress of workers and staff and the staff, illegal; Can only deposit the agreement to the lease of the material object, have no right to manage to the personnel right of the hospital; Depositing the agreement exceeds the regulations of legal supreme 20 years time limit; Not carrying on assets assessment before contracting, there is no supervision mechanism; The medical environment of hospital is confused and worsens; The agreement has caused and infringed etc. to the staff in the course of carrying out. These workers require " abolish the illegal trusteeship agreement and let worker of the commercial worker's hospital manage the hospital " strongly . Therefore, because deposit the disagreement, contradiction and dispute that are produced and grow in intensity. Among 7 years, the commercial hospital time appears on a way to remould oneself thoroughly Before depositing the commercial hospital, discuss that will be respectful that has done some investigations. He thinks, it is to lack fund input that the commercial hospital does the bad external cause, the internal cause is to eat " mess " . After depositing the agreement to sign, 1,600,000 yuan of self-raised fund within one and a half years of his, put into the commercial hospital successively, the ones that have begun to the hospital are overall deposit, work. The reporter has browsed the extant file of the hospital, while depositing the hospital, there are 45 of worker (11 people among them on duty) on the regular payroll the whole institute ,Retired personnel are 42. In June of 2004, discussed that will be respectful that signed the labour contract with 30 old staff in hospital, removed the relation of working with other 4 people. Has deposited over the past 7 years, 19 people retire in old staff successively, 6 people access, to April of this year, only have in old staff left a doctor and 9 nurses who are on duty, and the total number of medical personnel which the hospital employs successively reaches more than 40 people. It is reported, after depositing for 3 years, there is obvious increase in the portfolio of the commercial hospital, the staff's salary is basically secure. The commercial hospital is awarded to the model establishment by the district government of East Lake in the year from 2007 to 2008. To the attention of community's health care work with the country, the government has increased the fund input, optimized the policy, the service range of the hospital is expanding constantly, the serivce object slopes to community masses too. Set up the intersection of health and the intersection of physical examination and department, slow disease, manage department, the intersection of person who recover in the department, prophylactic vaccination room, psychological consultation room and department that serve healthy crowd of old age successively. Commercial hospital public praise in the intersection of community and resident ready, according to deposit " the three favorables " in the agreement hospital The principle steps into benign developing stage. On April 18 of this year, the rich accounting firm is entrusted by supply and marketing cooperative in the province in Jiangxi, the financial situation carried on special audit from the 1st of January, 2008 to March 31, 2011 to the commercial hospital, and provide the special auditor's report. The audit report shows: After depositing, the net assets of the hospital are from 50,000 yuan (excluding the house property) ,Total assets have been 4504752.86 yuan up till now. Should pay file 732452.00 of salary to on-the-job worker and retired personnel, pay out wages 848044.65 yuan in fact, it is 115592.65 more yuan than the salary of file to release the salary actually, pay " four fee for a gold " on schedule for the staff 390829.98 yuan. Audit, show, commercial hospital in the 7 year after not depositing, deposit square investment in place, have fulfilled the obligation that should undertake to on-the-job worker and retired personnel of former hospital, after 2007, this hospital improve to the staff, person of public institution, come on raise wages once according to the state policieses, and pay the housing public accumulation fund according to 16% of the proportions. And paid the salary for the worker 3 times in April of 2006, May of 2009, December. Very uncalm when discussing that will be respectful and holding the mood of the special auditor's report, he says: "I have spent the energies of 7 solid years, the net assets of 50,000 yuan while taking over at first, the initial value of fixed assets till now of appreciation is more than 5 million yuan. Over the past 7 years, the shareholders have not assigned Qian Hong for one. Through the fighting of 7 years, the hospital fits up, the use area expanded more than 400 square meters compared with before, there are a dozen departments, are chosen as the three-star community health Center by the department of public health of the province, and the fixed unit of the urban worker's medical insurance. Think, 7 years later today, a wholehearted to bring one to drive out. " 7 bottled-up rancour, the agreement dispute causes the hospital to be closed down, suspend operations by force Discuss that will be respectful said " Driven out " Such it is reported, the 12th of May of this year Morning such as Japan, have 20 odd people bring one the intersection of province and " notice " of supply and marketing cooperative Come to the hospital to announce: Transfer to logistic service centres of society's organ in the province to keep the business license, registration certificate of the tax, official seal of the hospital, financial affairs specialized seal and legal representative chapter of the hospital provisionally, and and? Does �� support and gather one to recognize the beak Zhyuan ��'s hand hay cutter? The burst of one " Keep " Taking action makes the president discuss that will be respectful, at 3 o'clock that afternoon, discussed that will be so respectful that the supply and marketing cooperative in the province get. Save some leader of supply and marketing cooperative and take a stand, it is a company not existing to deposit unit of Party B Industrial Co., Ltd of country of market Joe of Guangzhou in the agreement in 2004, trust, it discusses to be will respectful to come the intersection of country and Industrial Co., Ltd, Joe of Guangzhou, deposited to go on already cancel the alteration in the industrial and commercial administrative department in 2006 at that time, so it is invalid to deposit the agreement, the supply and marketing cooperative in the province can terminate the contract unconditionally. Reporter Cha Shi, in depositing the agreement, it is really " country of market Joe of Guangzhou Industrial Co., Ltd " that Party B stamps It will be respectful to talk to legal representative. " country of market Joe of Guangzhou Industrial Co., Ltd " With " Industrial Co., Ltd of Guangzhou Joe country " Though is only the change of one word, it is the change of one word, initiate and query. The reporter still sees what Industrial Co., Ltd of Guangzhou Joe country provides " The situation proves " Copy. Indicate above: The company appoints the shareholder of our company and discusses that will be so respectful as to sign with supply and marketing cooperative of Jiangxi Province with full authority " The commercial hospital of Jiangxi Province deposits the agreement " ,The situation is true, " country of market Joe of Guangzhou Industrial Co., Ltd " used Appellation already report to our company for approval. Wish to bear the complete responsibility in this agreement. Showed this company because of the needs of development of business at the same time, moved to Foshan in 2006, rename as now " Market Joe electron scientific and technological Co., Ltd. in the country of the South China Sea of Foshan " ,But will still bear responsibility to the agreement once signed after renaming. In the morning of May 13, former some retired ex-employees of commercial hospital set off the fireworks at the gate of hospital, put up a piece of notice and announce at the same time: " the commercial hospital abrogates individuals to deposit, reform system in an all-round way, other departments stop doing business for 5 days without exception besides injection room " . Shortly afterwards, the logistic service centre of supply and marketing cooperative in the province sent people to every department of the hospital and registered the assets. The hospital can't work normally, the staff resign one after another, close the door and stop doing business unavoidably. On May 16, a signature is " former commercial hospital staff of Jiangxi Province " that the front door of the hospital has been put up Announce claim: " ask resident of community stop doing business to hospital bring offer, forgive while being inconvenient " . Meanwhile, over one hundred people jointly write a letter according to the impression of the hand to go to Jiangxi Province supply and marketing cooperative and east health bureau of lake region. Say in the letter: We experience the development during these years of commercial hospital of Jiangxi Province personally. Before this hospital deposits and reforms system, the staff worked sluggishly, attitude is terrible, business technology is poor, the environment of seeking medical advice of the hospital is bad, the apparatus is simple and crude, salary can not be sent out each month. After depositing and reforming system, staff's working enthusiasm is obviously improved, environment and attitude of seeking medical advice of the hospital are obviously improved, have solved the problem of the difficulty and high cost of getting medical treatment of peripheral ordinary people greatly, it diagnose the illness convenient hospitals commercial now, substantial, serve and well, work more getting more comfortable verily at here at hospital staff. And the hospital is forced to close and stop doing business so far, it is very inconvenient to see the doctor, earnestly ask to handle this well justly as soon as possible in the department of higher level, unless it let by hospital open to business as soon as possible, let, whether residents peripheral diagnose the illness for hospital,it let hospital staff not had class of but at. It is reported, commercial hospital and the compound street community health Center are two brands and the same batch of people, get the energetical support of the local government and Ministry of Health, ranks the second in 8 three-star community hygiene service organizations which Nanchang choose in 2008, the forcing to close the door and stop doing business of it, besides causing direct economic losses and emotional distress to mandator, still lead to the fact directly it is difficult for more than 40,000 residents in several communities of compound street to seek medical advice. The unfinished feeling of 7, it is the only outlet of development to depend on the rule in accordance with the law The thing is sent to the hospital and suspended business to bring up to standard since May 12, already more than 3 months passed by, the gate of the commercial hospital is still locked closely. Discuss that will be respectful: "Though we will be faulty and having mistakes at work, it is genuinely to deposit. I 7 year energies of cost and energy say investment of shareholder, and how it will be economic losses calculate? I would like to obey the arrangement of the supply and marketing cooperative in the province, go through formalities of connecting and handing in settlement as soon as possible, does not let me continue managing me to accept, but residents of the community can have medical organizations, must resume the operational activities of hospital and the community health Center as soon as possible. " The reporter is from commercial hospital " Deposit the door " Have consulted the Deputy Chairman of bar association of Nanchang, reputable lawyer Mr. Dai Chen in incident. He think, deposit the intersection of party and subject of agreement have flaw, it fulfil 7 years already, can't drive out the main body of one party only according to the flaw, should be in line with the fair and just legal principle, the part fulfilled actually according to the agreement, confirm its effectiveness. The municipal east health bureau of lake region of Nanchang cures a person in charge of policy department to say, commercial hospital and the compound street community health Center are according to such conditions as hardware facilities, the department set up, it is first-class in community's hospital of the whole city. After managing the contradiction, the responsible institution of the hospital, without permission of Ministry of Health of higher level, confiscate " operation licence of medical organization " of the hospital, hospital official seal,etc., have influenced the work of the community health Center seriously. He says, the public health care is a people's livelihood project, the hospital stops doing business for more than 3 months, seek medical advice and bring a great deal of inconvenience for the residents of community perimeter more than 40,000 of a street of the compound. It is reported the intersection of Jiangxi Province and supply and marketing cooperative set about, carry on new a bid to commercial hospital already, they hope can peace talk will respectful to go on, consult, condition that consult that discuss, can must move out of the commercial hospital of Jiangxi Province before June 15 while being respectful, could solve it about various problems properly. However, discuss that will be respectful that seems not to believe the sincerity of the supply and marketing cooperative in the province, he insists that it is just willing to move to solve the problem that deposited and is left over first. At present, the commercial hospital of Jiangxi Province " deposits the door " The incident has not been solved satisfactorily yet.


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