1. At the beginning of raising funds from all employees who are willing to subscribe for affordable housing in the second half of 2009, we will show this task to all units affiliated to Shenyang Railway Bureau to check whether the registered employees meet the subscription conditions. There is no need to "look back" and clean up again after using the raised funds. From the perspective of the Contract Law, the release of the Pre-sale Measures is the invitation of Shenyang Railway Bureau. It is an offer for employees who have passed the qualification examination to pay the advance payment in accordance with the provisions of the Pre-sale Measures, and it is a promise for the Railway Bureau to receive the advance payment and issue a receipt. The contractual relationship between the employees who pay the house purchase price and Shenyang Railway Bureau has constituted the de facto contractual relationship between the buyer and the seller. If Shenyang Railway Bureau issues a liquidation notice, it will constitute a unilateral breach of contract. According to market principles and practices, not only the advance payment and interest should be returned, but also the advance payment should be returned twice, because the advance payment has the legal attribute of deposit.
2. It is assumed that the Railway Bureau and its subordinate units are not legally responsible for the accuracy of the examination of whether the subscribed employees meet the subscription conditions, that is, the seller can be exempted from liability here. According to the fifth paragraph of Article 5 of the Housing Sales Policy of the Pre-sale Measures, if the employees who pay the advance payment give up the purchase right before buying the house, they will be returned to Benxi according to the interest of the current deposit. For employees who do not meet the conditions for purchasing affordable housing, once verified, they will be refunded in full without paying interest. "Why is there a contradiction between the clean-up notice and the pre-sale measures, and the employees who are cleared out and do not meet the subscription conditions are fully refunded and pay interest? If you don't feel guilty, who will do it?
3. It is clear in the clean-up notice that employees transferred from different places meet the subscription conditions, but they must return to their original houses. However, in the "Pre-sale Measures", it is only mentioned that the employees transferred from different places meet the subscription conditions and do not require the return of the original housing. Such harsh conditions can be added casually after both parties reach an agreement on the contract? As an important department representing the country and controlling the lifeline of the national economy, does it have social credibility? In addition, the original housing of railway workers was the welfare housing distribution before the housing reform, and later the amount paid in accordance with the national housing reform policy has become personal property rights. However, this fund-raising purchase is not a welfare housing allocation, but a private property purchased by employees. There are essential differences between the two, which are not comparable and cannot replace each other. Even if it is transferred, it is also the behavior of Shenyang Railway Bureau and its subordinate units. It is the reason why the railway bureau or unit causes the workers to be displaced and separated from their families. As the most trusted object of employees, the railway bureau and its affiliated enterprises not only do not give employees extra compensation, but deprive employees of the right to subscribe for affordable housing. Even if you get the subscription right, you should return the house in your original place of residence. What about their wives and children? This move by Shenyang Railway Bureau can not help but make the workers feel chilling. While paying the advance payment, the ownership of the house has been confirmed and has been subscribed as the private property of the employees. No matter whether the employee stays or not, the property owner can't change, so the property right can't be equal to the temporary dormitory during the employee's working in a different place, and it will change with the employee's staying or not.
4. The fund-raising fund of Shenyang Railway Bureau is 6.5438+0.8 million yuan per employee. This fund is earmarked for employees' welfare. We should follow the principle that whoever pays will benefit. Employees who have subscribed for housing are willing to subscribe for affordable housing built by Shenyang Railway Bureau. They have no doubt about this. Even in 2009 and 20 10, when the real estate price was relatively rational and the upward trend was flat, they did not consider buying commercial housing. They have no reason to trust Shenyang Railway Bureau more than real estate developers. Of course, they can't buy other commercial houses because they paid180 thousand yuan in advance (the income of railway workers is very low). When the allocation of affordable housing was about to be completed, I was suddenly told that I did not meet the conditions for buying a house. I took my life savings to make wedding clothes for others to fulfill their housing dreams, and finally I was cornered by the Shenyang Railway Bureau, which I trusted, and I couldn't accept it anyway. Is it possible to buy commercial housing in the property market with the returned RMB 6,543,800+0.8 million today when the RMB has shrunk dramatically? Who is responsible for missing the best time to buy, even if you can afford a commercial house, who is responsible for waiting for the time from the auction to the existing house? As the saying goes, only in times of peace can we live and work in peace and contentment. The practice of Shenyang Railway Bureau has broken its word, kicked off the bridge and killed the donkey, persecuting the workers to the point where there is no price to return. Workers are forced to this step, who will escort the safe production of the railway?
5. Article 1 of the Notice of Looking Back: "All units shall look back on the clean-up work, focusing on self-examination and self-correction." Since "self-examination and self-correction" is mentioned, it shows that the responsibility for this fund-raising behavior lies with the railway bureau. Why did the authorities of Shenyang Railway Bureau dare not take responsibility and push the disastrous consequences on the bottom workers who were already in a weak position? As a natural person who has reached the age of 18, he still has to bear civil liability independently for his actions, not to mention such a large railway bureau and leaders in high positions. Second, members of the leading group will talk with each employee who has left the company, clarify policies and resolve conflicts. Does the policy need to be clear? This policy is the "Pre-sale Measures" issued in June 2009. Subscription employees comply unconditionally and exceed the standard. In addition to the agreement in the Pre-sale Measures, raising funds by 60,000 yuan and delaying the actual construction period by one year is the best example, which fully embodies the good quality of Shen Tie employees. The management of subordinate units and employees by railway administration has always been a semi-military management mode. There are always orders that can't be done, and there are prohibitions. When did you have one-on-one face-to-face interviews with employees and when did you become so democratic? If it weren't for his guilt and the breach of contract by Shenyang Railway Bureau, could he be so kind and polite to employees? The original intention of Shenyang Railway Bureau to raise funds this time was to take care of the employees who were forced to be diverted to different places, and the employees also subscribed. However, you broke your word and ignored the interests of the country and workers. After merging stations and sections, you "look back" to see if the decision is correct and find it wrong. Now that you have reorganized, you have driven the workers back to their original places of origin and restored the original establishment. It's a waste of money and money, and the financial resources can't make ends meet. The workers' spirit is tortured, so they can't live a normal family reunion and share family happiness. 654.38+0.8 million yuan, which was used by Shenyang Railway Bureau for more than two years. Now "looking back" after the completion of the project really hurts the hearts of these hard-working and down-to-earth workers.
The above is the strange phenomenon that has appeared since Shenyang Railway Bureau began to organize fund-raising to build houses in June 2009. I urge social media, party and government organs at all levels and public opinion to pay extensive attention to and evaluate right and wrong, and also subscribe for the employees of Guangtong-Dali railway security housing to be fair.