Broadcom's integration has been questioned and the revenue has been increased. The original financial director's false statement is 啥

Editor of China Economic Net: Broadcom Integrated Circuit Co., Ltd. (hereinafter referred to as 'Broadcom Integrated') was held at the meeting today. The company is mainly engaged in R&D and sales of wireless communication integrated circuit chips. Broadcom integration is planned to be listed on the Shanghai Stock Exchange. The institution is CITIC Securities Co., Ltd. It plans to raise funds of 671.047 million yuan. Among them, 123 million yuan will be invested in the standard agreement wireless interconnection product technology upgrade project, 97.98 million yuan will be invested in the national standard ETC product technology upgrade project, and 48.98 million yuan will be invested in satellite positioning. Product research and development and industrialization projects, 1.27 billion yuan invested in smart home import product research and development and industrialization projects, 274 million yuan invested in R & D center construction projects.

Broadcom's operating income from 2015 to 2017 was 443,737,800 yuan, 523,262,800 yuan, and 565,321,500 yuan; the net profit attributable to shareholders of the parent company was 93,384,700 yuan, 10,412,100 yuan, 8,742,300 yuan.

The net cash flow generated by Broadcom's operating activities from 2015 to 2017 was RMB 12,117,260, RMB 60,464,400 and RMB 5,376,900.

Broadcom's net book value of accounts receivable from 2015 to 2017 was RMB 67,128,800, with a total of RMB 17,714,100, and RMB 14,674,400; the total proportion of assets was 17.82%, 17.69%, 38.01%; the proportion of operating income was 15.13 respectively. %, 18.55%, 25.96%; Accounts receivable turnover rate was 7.24 times, 6.37 times, 4.64 times. The book balance of accounts receivable was 67.128 million yuan, 9,719,500 yuan, 14,688,500 yuan.

Broadcom's net inventories from 2015 to 2017 were RMB 62,484,300, RMB 14,692,300, and RMB 7,678,700; the total assets were 16.59%, 26.75%, 19.89%; the inventory turnover rate was 2.56 and 3.18, respectively. 3.33 times.

Broadcom's gross profit margin for 2015 to 2017 was 42.58%, 36.47%, 34.03%. Broadcom said that in 2016, the company's gross profit margin declined in 2017, mainly due to the changes in product structure and the company's product structure. Wireless audio products caused by the decline in gross profit.

In the Broadcom integrated operating income data, the data related to the purchase and sales of the second largest customer and distributor Boxin Technology was inconsistent, and the corresponding revenue was not supported by the relevant cash flow, and the media questioned the inflated operating income.

According to the public gold grain, Broadcom Integration and Boxin Technology started cooperation on August 26, 2011. In the past three years, Boxin Technology is the second largest customer of Broadcom integration, and Broadcom integration is also the main supply of Boxin Technology. If you use this as a base, the data on the purchase and sale of the two should be consistent. However, there is a gap between Broadcom's integrated sales and Boxin Technology's purchase amount. Broadcom's integrated prospectus shows that Broadcom integrated sales to Boxin Technology in 2015. In 2016, it sold 155 million yuan to Boxin Technology. According to Boxin Technology (834152) 2016 annual report, the operating income in 2015 was 74.64 million yuan, and the operating income in 2016 was 139 million yuan.

According to the Securities Week Red Weekly, Broadcom's 2017-including tax-included operating income reached 61,705,460 yuan. In theory, under such a tax-included operating income scale, there must be a similar scale in the balance sheet and cash flow statement. Cash flow and accounts receivable and other operating claims have played a role in supporting the data. The consolidated cash flow statement shows that the company's 'sales of goods, labor received from labor services' in 2017 was 533,349,200 yuan, which was hedged in the year. After the impact of the decrease of 4,219,100 yuan, the cash flow related to the operating income of this year is 537,728,300 yuan, which is compared with the tax-included revenue of 6,170,046,600 yuan. In theory, there will be 79.326 million yuan of cash inflows. Operating income will form new operating claims such as accounts receivable in the balance sheet.

However, in fact, Broadcom integrated account receivables of 146,744,400 yuan at the end of 2017, compared with the initial amount of only an increase of 49,620,300 yuan, at the same time, bad debt preparation is also very small, almost negligible. From this point of view, the theoretical value There is still a difference of 29.7242 million yuan from the actual value, that is, there is a cash flow of 2.972.40 million yuan in this year, neither cash has been received nor the phenomenon of new accounts receivable has appeared.

According to the China Judgment Document Network, on November 23, 2015, Broadcom's integration with the original financial controller Chen Jian was forced to cancel the labor contract on the grounds of 'serious violation of the unit rules and regulations'. Chen Jian on December 9, 2015 to Shanghai Pudong The New District Labor and Personnel Dispute Arbitration Commission applies for arbitration. It is required to resume the labor relationship with the plaintiff and pay the plaintiff's salary from December 1, 2015 to the effective date of the judgment in accordance with the monthly standard of RMB 40,329.

Broadcom believes that Chen Jian has many late arrivals and early retreats during his tenure, repeatedly publishing unconformity remarks, seriously disrupting the company's normal order and other serious violations of the rules and regulations.

In April 2016, the Shanghai Pudong New Area People's Court sentenced that the facts about the disciplinary violations could be dealt with according to the “Employee Handbook” formulated by the defendant, and the labor contract could not be directly terminated. Regarding the facts of the disciplinary violation, the defendant claimed that the plaintiff was not distributed. In fact, damage to the company's image, affecting the company's daily management of disciplinary behavior, but did not provide conclusive evidence to prove, the defendant's claim that the court is difficult to accept.

What is the false statement of the original financial controller that Broadcom does not provide conclusive evidence to prove? Will it affect the integration of Broadcom's listing?

China Economic Net reporter tried to contact Broadcom integration, as of press release, the interview mail has not received a reply.

Main wireless communication integrated circuit chip

Broadcom integrated full name Broadcom Integrated Circuits (Shanghai) Co., Ltd., formerly known as Broadcom Integrated Circuits (Shanghai) Co., Ltd., was established on December 1, 2004. It was changed to a joint stock company on March 20, 2017. Its main business is wireless communication. The development and sales of integrated circuit chips, the specific types are divided into wireless data transmission chips and wireless audio chips.

Broadcom's integrated controlling shareholder is Beken BVI, which directly holds 29.1633% of the company's shares. The actual controllers of Broadcom integration are Pengfei Zhang, Dawei Guo, and the two indirectly hold 24.01% of the company's shares through Beken BVI. Hong Zhou, Xu Boxiong, Wenjie Xu The company's actual controllers act in concert, and the company's actual controllers and their concerted actions collectively control the company's 42.83% stake.

Pengfei Zhang, Dawei Guo are both American nationals.

Broadcom is planning to land on the Shanghai Stock Exchange. The sponsor institution is CITIC Securities Co., Ltd. It plans to raise funds of RMB 671,047,700. After deducting the issuance expenses, the funds are planned to be invested in the following projects:

1. Standard protocol wireless interconnection product technology upgrade project, the total investment of the project is 122,258,300 yuan, and the amount of funds raised is 12,258,530 yuan; 2. The national standard ETC product technology upgrade project, the total investment of the project is 97,797,300 yuan, and the amount of funds raised is 97,797,300 yuan; 3. Satellite positioning product research and development and industrialization project, the total investment of the project is 48,918,200 yuan, and the amount of funds raised is 4,898.12 million yuan. 4. The research and development and industrialization project of smart home entrance products, the total investment of the project is 12,719,860 yuan, and the amount of funds raised is 12,719.86. 10,000 yuan; 5. R & D center construction project, the total investment of the project is 274,260,300 yuan, and the amount of funds raised is 274,260,300 yuan.

Sponsor institution CITIC Securities Sun Company shares

According to the prospectus, Jinshiyi holds 1,870,400 shares of Broadcom, accounting for 1.8%. Jinshi is a wholly-owned subsidiary of Jinshi Investment, a wholly-owned subsidiary of CITIC Securities. CITIC Securities is the sponsor of this issue and Lead underwriter.

Jinshiyi's shareholding was transferred from Beken BVI on December 27, 2016 at a price of 517,700 yuan.

Jinshiyu is the full name of Qingdao Jinshiyi Investment Co., Ltd., which was established on December 4, 2012.

According to the Securities Daily, on April 17, 2017, CITIC Securities and Broadcom signed a counseling agreement, and Tu Zhengfeng served as the head of the counseling team. The accounting firm employed by the company is Lixin Institute, and the law firm is Shanghai Jintiancheng.

The CSRC's feedback requires Broadcom's integrated sponsor institution, and the lawyers expressed their opinions on whether Jinshiyi's investment behavior, shareholding process and sponsorship business development process are in compliance with the relevant laws and regulations of securities companies.

2017 net profit fell

Broadcom's operating income from 2015 to 2017 was 443,737,800 yuan, 523,262,800 yuan, and 565,321,500 yuan; the net profit attributable to shareholders of the parent company was 93,384,700 yuan, 10,412,100 yuan, 8,742,300 yuan.

According to feedback from the China Securities Regulatory Commission, Broadcom's integrated net profit for the first quarter of 2017 was 8.335 million yuan. The audit committee requested Broadcom to explain the reasons for the lower net profit at the end of the first quarter of 2017.

Net cash flow from operating activities decreased year by year

The net cash flow generated by Broadcom's operating activities from 2015 to 2017 was RMB 12,117,260, RMB 60,464,400 and RMB 5,376,900.

According to the feedback from the China Securities Regulatory Commission, the net cash flow generated by Broadcom's integrated business activities in the first quarter of 2017 was -34,349,500 yuan. The audit committee requested Broadcom to explain why the net cash flow from operating activities at the end of the first quarter of 2017 was negative. And do a full risk warning.

Broadcom said that the net cash flow generated by the company's operating activities is different from the net profit scale, mainly due to changes in inventory levels and receivables, due to increase or decrease in payables.

Gross profit margin declines year by year

The gross profit margin of Broadcom integration from 2015 to 2017 was 42.58%, 36.47% and 34.03% respectively.

The Securities and Futures Commission's feedback requires Broadcom's integration statement (1) Please subdivide each product category into the final disclosure period of the reporting period, the gross profit, gross profit ratio and gross profit margin; (2) Please combine the specific products sold in each period ( The unit price of sales, the unit cost and the proportion of revenue accounted for the fluctuation of gross profit margin; (3) Please explain in detail the reasons for the change in unit price, unit cost and income ratio in each period of the reporting period; (4) Please analyze the difference between the issuer's product type, business model, sales unit price and unit cost and comparable companies in the same industry. The reasons for the difference between the issuer and the comparable company's gross profit margin are combined. Please contact the sponsor and the issuer accountant. Check the issuer's gross profit margin and its changes, and the differences and rationality between the same industry, check whether the issuer has sustained profitability, and explain the verification methods, procedures, and conclusions.

Broadcom said that in 2016, the company's gross profit margin declined in 2017, mainly due to the replacement of various products, the company's product structure changes and the decline in gross profit of wireless audio products.

Broadcom integrated sales amount and the second largest customer Boxin technology purchase amount deposit gap

According to the public gold grain, Broadcom integration and major distributors have maintained a long-term cooperation, the relationship remained stable during the reporting period, and there is no significant dependence on a single customer. The second largest customer and distributor, Shenzhen Bo Core Technology Co., Ltd. (referred to as Boxin Technology, stock transfer code 834152), is starting cooperation on August 26, 2011.

It is reported that Boxin Technology is the only full-line agent of Broadcom Integrated Circuit (Beken), which can represent all products of Broadcom Integrated Circuit (Beken), and is also the core agent approved by Beken for providing R&D services.

In the past three years, Boxin Technology is the second largest customer of Broadcom integration. Broadcom integration is also the main supplier of Boxin Technology. If this is the basis, the data on the purchase and sale of the two should be consistent. But compare the financials of both parties. Report, there is still a big gap in this.

According to Broadcom's integrated prospectus, Broadcom integrated sales of 136 million yuan to Boxin Technology in 2015; 155 million yuan was sold to Boxin Technology in 2016. According to Boxin Technology (834152) 2016 Annual Report, 2015 revenue It is 74.64 million yuan and its operating income in 2016 was 139 million yuan.

On April 17, 2017, CITIC Securities and Broadcom integrated the listing counseling agreement. The accounting firm hired by Broadcom is Lixin, and the law firm is Shanghai Jintiancheng. At this time, the intermediary began to write Broadcom integrated listing materials, including financial auditing. At the time, the 2016 annual report of Boxin Technology has been disclosed in the stock transfer system. Therefore, it is certain that for the 2016 data, it is impossible for the two to reach a 'consensus'. Time is up to 2017, Boxin Technology (834152) realizes Operating income was 199 million yuan, a year-on-year increase of 43.07%. It is not difficult to imagine that there may be a "consensus" with Broadcom.

However, the Botong Integrated Prospectus disclosed that the amount of sales to Boxin Technology in 2017 was 160 million yuan, while Boxin Technology's 2017 annual report showed that the integrated purchase amount to Broadcom was 86.808 million yuan, although the purchase amount increased by 248%. However, there is still a difference in the sales metrics of Broadcom's integrated prospectus.

Tax-included operating income and cash flow statement data cannot be corroborated

According to the Securities Week Red Weekly, Broadcom's 2017 tax-included operating income is also unable to obtain relevant financial data in the data check.

According to the prospectus, Broadcom has recorded an operating income of 565.321 million yuan in 2017. It is divided into domestic and foreign parts due to the company's income composition. The mainland region's revenue accounted for 53.83%, and this part of the income also needs to be accounted for 17%. After tax accounting, the overall accounting income of Broadcom integration in 2017 reached 6.1705.46 million yuan.

In theory, under such a scale of tax-containing business income, in the balance sheet and cash flow statement, there must be relevant cash flows of the same scale and operating claims such as accounts receivable to play a role in supporting the data. Otherwise, there is no income that can be based on 'data'.

The consolidated cash flow statement shows that the company's 'sales of goods, labor received from labor services' in 2017 was 533,349,200 yuan, and cash flow related to this year's operating income after hedging the impact of the decrease of 4,209,100 yuan in advance receipts in the year. There are 537,728,300 yuan, which is compared with the tax-included revenue of 610,705,600 yuan. In theory, there will be 793,263,300 yuan of operating income that fails to obtain cash inflows, and business liabilities such as accounts receivable will be formed in the balance sheet. .

However, in fact, Broadcom integrated accounts receivables of 14,674,840 yuan at the end of 2017, compared with the initial amount of only an increase of 49,620,300 yuan, at the same time, bad debt preparation is also very small, almost negligible. From this point of view, the theoretical value and There is still a difference of 29.7242 million yuan between the real values, that is, there is a tax-included operating income of 29.7242 million yuan in this year, neither cash nor new accounts receivable.

Using the same logic to analyze the situation in 2016, we can find that the data difference between the true value and the theoretical value becomes very small. In this year, after considering the value-added tax on sales income in the mainland, the company's tax-included operating income was 52,362,280. Yuan, in the same period, 'sales of goods, cash received from the provision of labor services' was 537,653,300 yuan, and the amount of advance receipts was reduced by 548,900 yuan. In addition, the accounts receivable increased by 300.173 million yuan. The tax-included operating income and related cash flows As with the newly added accounts receivable, we can see that although there are still some differences in the data results between the three, compared with the difference of nearly 30 million yuan in 2017, the difference in this year is only 5,198,000 yuan.

This result is really strange. Why is there only a relatively small difference between the tax-included operating income in 2016 and the relevant financial data, and in 2017 when the prospectus was submitted, there was a sudden increase of 29.724 million yuan including tax business. The income is not supported by relevant data. Does it mean that the company intends to whitewash the revenue data for the success of the IPO listing?

Major shareholders shocked dividends of 162 million yuan, cash out of 1.119 billion

According to the public account, according to the prospectus, according to the prospectus disclosure, on December 5, 2016, the company's board of directors passed a resolution to allocate 180 million yuan of distributable profits to the shareholders Beken BVI. After deducting the 10% dividend tax, the company's dividend payable was 162 million. Yuan. In 2017, the dividend payable has been paid.

Shareholder Beken BVI dividend income: 162 million yuan. Broadcom integration is really not bad money. Before 21 new shareholders come in, the company's real controller arranges the board of directors, and the company's undistributed profits are urgently distributed and realized to shareholders. Personal pockets.

According to the prospectus, on December 27, 2016, Broadcom Limited passed the resolution of the board of directors, agreeing that the original shareholder of the company, Beken BVI, will transfer 56.30% of the shares held by the company (corresponding to the capital contribution of RMB 161.5104 million) to US$15,657.9202 million. Billion thick limited, Taifeng limited, Jinjie International, Yaohua limited, Jiande Investment, Puxunyi, Hongfa Investment, Hongda Investment, Dynamic Frontier, Beijing Integrated, Beijing Integrated Circuit, Wu Yuefeng, Juyuan Zaixing, Forebright Smart, Jin Shiyi, Jiaxuan Investment, Zhonghe Chunsheng, Quantitative Investment, Junyi Investment, Xie Qiu, Zhou Du, the remaining shareholders give up the right of first refusal.

According to public data, the transfer price corresponds to the company's valuation of 278,158,800 US dollars (corresponding to RMB 2.016 billion). At the end of 2016, the company achieved operating income of 523 million yuan and net profit of 103 million yuan. Based on this, the above-mentioned well-known institutions are 20 times. Valuation of PE.

Shareholder Beken BVI Cash Return: 11.19 billion yuan. The company made money, and shareholder dividends are also understandable, but the IPO declaration blitz completed the transfer of the old shares, which made the industry look awkward! Market participants pointed out that Broadcom integrated this move or circumvent relevant regulatory requirements for the company. It is also a disguised 'old stock transfer' behavior. Previously, the 'old stock transfer' strategy was favored by most companies, but the 'Osikang incident' was highly questioned by the market. The company's shareholders passed the transfer of the old shares, due to the original shares. Being transferred in equal proportions, although the shareholding ratio of the controlling shareholder is diluted, it does not affect the controlling position. The biggest difference between the transfer of new shares and the old shares is that the funds obtained from the transfer of the old shares are not included in the company, but are entered into the old shares. At the time, some investment bank experts pointed out that the old stock transfer system brought three evil consequences: the old stocks immediately violated the "Company Law" after listing; the financing funds directly entered the big shareholders' pockets, Rather than a fundraising project in a prospectus; a listed company faces operational risks. Once the transfer of the old shares is up, there will be a certain degree of investor confidence and market sentiment. Blow.

The Board of Auditors pointed out in the feedback that the prospectus disclosed that on December 27, 2016, Broadcom Limited passed the resolution of the board of directors, agreeing that the original shareholder of the company, Beken BVI, will hold 56.30% of the shares of the company (corresponding to the capital contribution of RMB 161.5104 million). On the same day, Beken BVI and Yihou Limited, Taifeng Limited signed an equity transfer agreement, and transferred the shares in accordance with the agreement. The transfer price corresponds to the company's valuation of USD 278,158,800. (corresponding to RMB 2.016 billion) Please explain the basis of the company's valuation in the above equity transfer transaction, the basis for determining the transfer price, the source of each purchaser's funds, and whether there is abnormal capital circulation. Please check with the sponsor and the reporting accountant and clearly publish opinion.

The annual salary per capita exceeds 400,000 yuan

According to CBN, in the prospectus, Broadcom's integration has a higher salary for its employees, which is significantly higher than the local average salary. This is explained by the fact that the main reason is that the average salary level of the company is higher.

In 2016, the average salary of Broadcom integrated employees was 425,800 yuan, which is more than five times the average salary of Shanghai employees of 78,000 yuan, and far higher than the national average of 57,400 yuan, which is even higher than the salary level of some financial enterprises. This is also more than 10% higher than the company's own average salary of 380,400 yuan in 2015.

According to the company, 'In the future, we will continue to adhere to the principle of comprehensive compensation management, and based on the demand for talents, with reference to the market average, the company's salary level and other factors, the staff compensation system and salary levels are dynamically adjusted. Considering inflation, society The general increase in labor costs, it is expected that the overall salary level of employees will gradually increase in the future.

Perhaps the design of integrated circuits does require higher salaries, attracting enough top talents to truly achieve catch-up.

Broadcom said that the chip plays a decisive role as the brain of the machine. As the core of the function, the chip design has high added value and high technical content in the whole integrated circuit industry. Its gross profit margin is relative to the manufacturing and packaging manufacturers. Relatively high, the impact on the environment, the workplace, etc. is relatively small, and it is also one of the main channels for developing countries to achieve technological monopoly. In the world, the output value of integrated circuit design accounts for up to 56%, and the integrated circuit package testing The share of the share is only 19%.

At present, China's integrated circuit industry is still concentrated in manufacturing and packaging with low added value and low technology content. In 2016, the design industry accounted for only 37.9%. China's integrated circuit industry is facing a transformation as a whole. In addition, China's integrated circuit enterprise structure is relatively Decentralized, market concentration is low.

In terms of integrated circuit design, China's top ten IC design companies accounted for 42.15% of the market share in 2016. In the global market, the market share of the top ten IC design companies in 2016 was as high as 76.42%. The industry has technology-intensive and capital-intensive attributes, and the industry's development trend is conducive to the strong and strong.

Although the per capita salary is higher, such high labor costs also bring high returns to Broadcom's integrated investors. From 2015 to 2017, Broadcom's integrated weighted return on equity reached 40.1%, 30.44% and 32.83%.

Chen Jian, the former chief financial officer, was dismissed from the labor contract and distributed false statements, which damaged the company's image.

According to the China Judgment Document Network, "Chen Jian and Broadcom Integrated Circuits (Shanghai) Co., Ltd. Labor Contract Disputes First Judgment Civil Judgment" showed that the plaintiff Chen Jian claimed that the plaintiff entered the defendant office in June 2011 and served as the chief financial officer. The last period of the labor contract signed by the two parties is from August 5, 2013 to August 4, 2016. Since joining the company, the plaintiff has earnestly fulfilled the obligations of the laborer and the company's financial controller, and complied with various rules and regulations. However, on November 23, 2015, the defendant suddenly sent the Notice of Dismissal of Labor to the plaintiff. On the grounds that the plaintiff had 'seriously violated the rules and regulations of the unit', the labor contract with the plaintiff was forcibly released on November 30, 2015. The salary was paid until November 30, 2015. After repeated negotiations with the defendant, the plaintiff applied to the Shanghai Pudong New Area Labor and Personnel Dispute Arbitration Commission for arbitration on December 9, 2015. The plaintiff refused to accept the arbitral award, so filed a lawsuit, requesting The defendant was ordered to: 1. Reinstate the labor relationship with the plaintiff; 2. Pay the plaintiff's salary from December 1, 2015 to the effective date of the judgment in accordance with the monthly standard of RMB 40,329.

The defendant Broadcom Integrated Circuits (Shanghai) Co., Ltd. argued that the original defendant had signed a labor contract with a term from June 1, 2011 to May 31, 2012. On the expiration date of the contract, the plaintiff filed an application for resignation. The two parties did not renew the contract, and the plaintiff left the post after completing the formalities of retreating. The defendant paid the plaintiff an economic compensation of 46,000 yuan in June 2012. In August 2013, the defendant signed another labor contract, the deadline. From August 5, 2013 to August 4, 2016, the plaintiff's job position was the chief financial officer. In 2015, the defendant found that the plaintiff had the following serious violations of the rules and regulations during his tenure: many late arrivals and early departures; as company executives , repeatedly published non-conformity remarks, seriously disrupting the company's normal order, etc. The defendant made a decision to terminate the labor contract with the plaintiff on November 30, 2015. The defendant's rules and regulations clearly stipulate the specific circumstances of serious violations, and stipulate The penalties for violating these regulations. The plaintiff also signed the above rules and regulations, and understood and understood the contents of the regulations. However, the plaintiff still exists in the case of knowing the rules and regulations. Violation of disciplinary behavior, and after reminding, refused to correct, and even issued statements that did not conform to the facts. As the senior management of the company, the plaintiff disregarded the labor discipline of the company and undermined the employment management of the enterprise, causing a very bad influence. The position of chief financial officer has been replaced by others. Given the particularity and uniqueness of the position of chief financial officer as a senior manager of the company, the labor relationship of the defendant has been objectively unrecoverable.

The Shanghai Pudong New Area People's Court held that, regarding the facts of the first section of the disciplinary violation, according to the “employee handbook” formulated by the defendant, the punishment can be punishable, and the labor contract cannot be directly terminated. Regarding the second section of the disciplinary fact, the defendant claimed that the plaintiff was scattered. Remarks, damage the company's image, affect the company's daily management of disciplinary behavior, but did not provide conclusive evidence to prove, the defendant's claim that the court is difficult to accept the letter. The defendant is now relieved by the plaintiff that the two sections of the disciplinary facts constitute serious violations of the rules and regulations. The labor contract of the plaintiff was improper. The two parties should have resumed the labor relationship. However, according to the evidence provided by the defendant, the original position of the financial controller of the plaintiff has been replaced by the outsider Xu Weihui. Therefore, the labor contract between the two parties has been difficult to perform. The court confirmed that the two sides no longer resumed labor relations. In summary, the defendant requested not to resume labor relations with the plaintiff, and did not pay the plaintiff’s claim for wages of 66,014.49 yuan from December 9, 2015 to February 4, 2016. The court gave support. The plaintiff requested the defendant to resume his labor relationship and follow the standard of 40,329 yuan per month.

On April 19, 2016, the Shanghai Pudong New Area People's Court declared: 1. The plaintiff Chen Jian and the defendant Broadcom Integrated Circuits (Shanghai) Co., Ltd. did not resume labor relations; 2. The defendant Broadcom Integrated Circuits (Shanghai) Co., Ltd. did not pay the plaintiff Chen. The salary for the period from December 9, 2015 to February 4, 2016 is 66,014.49 yuan. The case acceptance fee is 10 yuan, and the fee is reduced by 5 yuan. It is exempted from collection. If you disagree with this judgment, you can send it 10 days from the date of the judgment. Within five days, submit an appeal to the Shanghai Pudong New Area People's Court, and submit a copy according to the number of the other party, appealing to the Shanghai No. 1 Intermediate People's Court.

In the second instance, Chen Jian added the following evidential materials to the court: 1. The conclusions and treatment decisions of the Shanghai Pudong New Area Finance Bureau; 2. The reply of the Shanghai Pudong New Area Finance Bureau to the reporters of Broadcom Integrated Circuits (Shanghai) Co., Ltd. The above evidence is intended to prove that Xu Moumou does not have an accounting qualification certificate, can not engage in accounting work, and cannot serve as the chief financial officer. Broadcom has no objection to the authenticity of the above evidence, but believes that the above evidence is not related to the case. Still in the process of processing, there is no final conclusion, nor does it involve the judgment of Xu Moumou and the legality of establishing labor relations with Broadcom. As an employer, Broadcom is subject to administrative law punishment or correction even if there is improper behavior of hiring financial personnel. Responsibility.

On September 1, 2016, the second instance of the Shanghai No. 1 Intermediate People's Court upheld the original judgment.

2016 GoodChinaBrand | ICP: 12011751 | China Exports