1. What are the compensation for enterprise relocation?
The Regulations on Expropriation and Compensation of Houses on State-owned Land promulgated by the State Council on 20 1 1 specifies the authority and procedures of expropriation of houses on state-owned land in detail, but does not specify the compensation standards for the demolished enterprises in detail.
1. Compensation for immovable fixed assets such as land and houses that the demolished enterprise has the right to use, including compensation for machinery and equipment that really cannot be moved;
2. The relocation expenses of the demolished enterprise and the compensation for temporary resettlement caused by the relocation, including equipment debugging expenses, goods removal and transportation expenses, shutdown expenses of enterprise employees or compensation for dismissing employees, etc. ;
3. The compensation for the loss caused by the shutdown of the demolished enterprise mainly depends on the actual situation of the annual output value of the demolished enterprise, but the demolished enterprise may consider the expected operating loss as appropriate;
4. Like the compensation for ordinary housing, there is a great subjective standard, which is to give certain relocation incentives to the operating enterprises that respond to the government's relocation policy.
Second, the specific composition of enterprise relocation compensation
(1) Compensation for the fixed assets that cannot be relocated, such as land and houses, which the demolished enterprise enjoys the right to use.
1, land compensation fee
At present, enterprise land is divided into state-owned land and collective land. How should enterprises protect their own interests for different kinds of land? According to the Regulation on Expropriation and Compensation of Houses on State-owned Land, the buildings and attachments on state-owned land should be compensated, but the relevant laws of our country do not stipulate the buildings on open space or collective land. However, the author believes that according to the relevant provisions of the Property Law, in addition to compensation for attachments on the ground, compensation fees should also be calculated separately for land.
2. Compensation fees for houses, buildings and other ground attachments
According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, the government should compensate the houses, buildings and other above-ground structures of the demolished enterprises, and the compensation area shall be subject to the construction area recorded in the relevant property certificate. However, if it is impossible to apply for real estate license and land certificate for various reasons, the demolished enterprise should choose the appraisal company, and after the government entrusts it, the field value appraisal of the appraisal company shall prevail.
3. Compensation for failure to relocate machinery and equipment
For machinery and equipment that cannot be relocated or whose relocation cost is higher than its actual value, the government should calculate the compensation for replacing new equipment in combination with its old and new and replacement prices to compensate the relocated enterprises.
(two) the relocation expenses of the demolished enterprises and the temporary resettlement compensation fees caused by the relocation.
1, equipment relocation and installation fee
The compensation for immovable equipment was outlined in the last article, but there is another set of compensation methods for movable equipment. For the equipment that can be relocated, the government should compensate for the losses caused by the relocation, including compensation expenses such as equipment removal fee, transportation fee, equipment installation fee and equipment debugging fee.
2. Compensation for temporary resettlement
If the relocation of an enterprise requires relocation in different places, the excessive reasonable compensation expenses incurred from the time of relocation to the time when the new enterprise can operate shall prevail.
3. Compensation expenses for dismissing employees.
When an enterprise stops operating and dismisses employees due to demolition, it will certainly spend a lot of compensation fees, but not all these compensation fees are specified in detailed and detailed policies and documents such as laws and regulations.
The author thinks that this part of the compensation fee should also be included, because its compensation fee is caused by the government's demolition of enterprises, so its standard should be compensated in accordance with the relevant provisions of the labor law.
(3) Compensation for losses caused by suspension of production or business.
Article 23 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that compensation for losses caused by expropriation of houses shall be determined according to the benefits before expropriation of houses and the period of suspension of production and business. The specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. " However, laws, regulations or other documents do not stipulate specific standards, and only a few provinces or cities have formulated specific standards. So this part of compensation is controversial in practice.
In my opinion, the compensation for the loss caused by the suspension of production and business operation of enterprises should be mainly determined according to the actual operating profit of the demolished enterprises in the same period last year, and the loss of raw materials and semi-finished products caused by relocation should also be considered.
(four) incentive fees based on the demolition policy
In the process of demolition, in order to speed up the demolition progress, the government often formulates different incentive measures to encourage the demolished enterprises to sign resettlement compensation agreements as soon as possible. Because there are no specific standards of laws and regulations, this part of compensation has subjective standards, so the demolished enterprises can fight for it a little.
The compensation standard of enterprise-type people who are demolished directly affects the operation of enterprises after relocation, but the compensation cost of enterprises is also very different because of the different actual situation of each demolition project. Therefore, only by formulating targeted treatment strategies like Chinese medicine can the interests of the demolished enterprises be maximized.