During this process, some companies face operational challenges, layoffs are inevitable, and conflicts between employees and the company arise, with some even going to court. Li Qi, an industry operator, was one of the employees who had a dispute with the company. He claimed that after overcoming difficulties with the company, he earned money for the companyWith a profit of 1.7 million yuan, the company is now directly dismissing him.
Li Qi believes that the company should compensate him in accordance with the labor law, while the company believes that it only needs to pay his salary normally. On the issue of compensation, Li Qi and the company were unable to reach an agreement. Later, Li Qi claimed that the boss had threatened him with assault and exposed company information. The company quickly issued a response statement to clarify the situation. A farce between cross-border industry employees and companies is unfolding.
Earning 1.7 million yuan in profits for the company, but facing layoffs and threats
On November 24th, Li Qi sent a message to the editor:
I want to expose a company, * * * * (Shenzhen) Co., Ltd., which is an independent seller of cross-border e-commerce. Due to its poor management, it misappropriated investment funds to fill private accounts, and caused bankruptcy due to large-scale consumption. In order to drive away employees, there was no need to do anything, and salary arrears were justifiable. When the company experienced its first crisis, I did not choose to leave and insisted on working with the company to overcome difficulties.
I have earned a total of money for the company this yearIn September, due to certain reasons, the company's advertising account was closed with a profit of 1.7 million yuan, resulting in a sharp drop in orders.
Not long ago, the girlfriend of the company boss pretended to introduce me to a job, and I made it clear that I didn't want to leave. Later, the boss's girlfriend said that she wouldn't leave, but she wanted to accept a salary reduction. Because there was no agreement, the company directly let me go.
I followed the normal legal process to file a lawsuit and protect my rights. The boss called me to the office to threaten and beat me on the grounds of accepting compensation conditions. At that time, the office had a total ofSix people, one of whom is a relative of the boss and has experience in Sanda. I was slapped and hit on the head in the office, and my phone was forcibly reset.
I understand the operational difficulties of the company during the pandemic, but when the boss pretended to go bankrupt, he was actually shifting his position and using someone else's name to reopen the company.”
Li Qi described her situation and presented that she has earned nearlyDetails of a profit of 1.7 million yuan.
Li Qi claimed that before being dismissed, her base salary was20000, which is the number after experiencing multiple orders explosion and demanding a salary increase from boss Wang Wei. In September, after the company's advertising account was closed, they were unable to see the data and could only receive their base salary. Previously, he received a maximum monthly salary of over 60000 yuan. My total commission and salary this year is over 200000 yuan.
When it comes to salary issues, Li Qi bluntly stated:“I personally work hardI hardly go out on weekends, one dayExcept for sleeping and eating, I almost read advertising data 24 hours a day. During the period of high sales this year, I slept around 3am every day. The company is not stupid, the salary is entirely based on the profits you create
According to relevant regulations, employees who are dismissed by the company need to be compensated. Li Qi calculates based on her own situation that if she has worked in the company for two years and is dismissed normally, the compensation isN (2)+1, which means a salary of 60000 yuan for three months, plus 30000 yuan in arrears for October and November, totaling 90000 yuan.
At first, the company wanted to dismiss Li Qi normally, but was unwilling to compensate. Li Qi believed that this involved abnormal dismissal, so compensation is2n (2), which means a 4-month salary of 80000 yuan, plus 30000 yuan in arrears, totaling 110000 yuan. Subsequently, Li Qi initiated arbitration against the company.
Due to compensation issues, there was a conflict between the two parties. Li Qi claimed that the boss deceived him into the office, threatened and beaten him, and gave him20000 yuan (unpaid October salary) and forced him to sign an agreement to settle all compensation, and also claimed to give him 10000 yuan after the arbitration was revoked.
Li Qi was very angry with the company's actions. He sent out the news of exposing a rogue and disgusting company, which was later spread within some groups in the industry.
The company in questionIssue a statement of 'false statements'
After the news sent by Li Qi and his colleagues spread in the industry, their company quickly responded, stating that they had made official statements regarding false statements and events.
(Screenshot of the partial content of the company's statement)
The statement states:
1The party involved in the incident, Li QiAt the end of 2019, he joined the company with a salary of 5k as a novice. Despite enduring losses for a year, the company continuously reorganized and taught operations and promotion. However, due to poor performance, he was transferred back to the Nanshan branch from the Shenzhen Bao'an branch and assigned to the Zhang Dongdong group as a team member. With the support of many accounts, budgets, and logistics procurement customer service, he achieved some success. His salary continued to rise to tens of thousands, and his commission reached 90000 yuan per month.
The company stated that in the eyes of such a management team, they are ungrateful and ignore the company's help and support. They are impatient and inflated, assuming that their abilities are at their peak, and constantly asking: without a large proportion of the company's commission system, account and other resources being tilted, can this person's annual income reachOver 200000? Can I buy a car? Can you afford to rent a house for 6000/month?
2The party involved, Zhang Dongdong, dismissed an employee from a former independent station and grew up in the company involved,The salary has jumped to 15k for two consecutive years, resulting in long-term losses and poor performance. However, the company believes that his character is acceptable and the expectation for retention and training has exploded. This person resigned on his own in November.
The statement states that the company was establishedFor three years, I have never defaulted on anyone's salary, and it is paid together with the base salary commission on the 15th of each month. The two parties involved in this incident made a large amount of malicious remarks and instigated WeChat friends to forward them to major WeChat groups, causing irreparable losses to the company. The company will collect fixed evidence and hold the two parties legally responsible.
According to the statement, the companyIn November, it was discovered that Li Qi had an indecent chat record with his colleague An in a computer spike. He believed that Li Qi had a corrupt moral style during his work, neglected his duties, and became extremely arrogant. He disdained being with him and decided to terminate his labor relationship with him. An also resigned on his own in November and his salary has been settled.
At the same time, the company clarified many inaccuracies in the circulating news:
1Regarding investment funds: The investment funds are recorded in the company's public accounts, and all payments from the public accounts are made to long-term cooperative suppliers and employees. The founder only receives monthly salary, and the company's accounting is audited annually. Private individuals have no right to misappropriate the funds. Not to mention large-scale consumption, the founder purchased Porsche in 2018 before the company was established;
2The company never requested any employee to reduce their salary, but instead introduced Li Qi and others to a listed company. Li Qi's education and qualifications did not meet the other party's requirements, and the other party's salary was not as high as the company's, which led to arbitration and compensation disputes;
3The founder did not have any violent tendencies towards Li Qi, and it is not valid to use harsh language towards pregnant women (An). As An was not present at the time and the entire process did not mention any information about An, why did he threaten the child in the womb?
After the company receives Li Qi's labor arbitration, Li Qi will increase the compensation from one month (salary) to60000 yuan, which later rose to 90000 yuan. It was settled on November 20th (with proof of settlement), but after Li received his salary and compensation, he still persisted in fighting for more. Such greed was unacceptable to any company. On November 22nd, Li Qi instigated Zhang Dongdong to maliciously slander the company.
4Regarding bodyguards: Zhao joined the company in 2018 as a founding veteran employee responsible for logistics and warehousing. Zhao is a former retired member of the national Sanda professional team, who suffered numerous injuries due to numerous matches. He has been serving the company diligently and diligently, and has never caused any trouble without reason. As Li Qi said, he was threatened and beaten, and at a height of 192 cm, I think they should be in the hospital at the moment, rather than still causing trouble.
5Regarding Longhua Company: The Longhua team of the company was established in July 2021, and all members of the team are aligned withCompany (Headquarters)Sign a labor contract and establish a labor relationship. In order to take care of the Longhua team living in Longgang, which is far away, the office location was set up in Minzhi to facilitate employees' commuting. What is the reason for the transfer? The rumor was maliciously fabricated and spread, causing the ignorant and unscrupulous masses to think that the company is such a heinous enterprise, all for the sake of money.
Li Qi's response: It is a reasonable claim for compensation
Declaration issued for the companyLi Qi also responded. And the following doubts were raised.
1Date written incorrectly without official seal
Regarding the statement issued by the company, Li Qi believes that there are two issues:1. It was originally in November, but the company wrote October 22nd on the start date, indicating a perfunctory response to this matter; 2. As a company, why is the credibility of not stamping a statement?
2、 About a one-year loss
Li Qi claimed that heI started working at the end of November 2019 and had two minimum volume operations during the three month period. The second time was during the Chinese New Year period, when the company did not recharge advertising fees, resulting in the death of advertising and websites. In April 2020, Li Qi experienced his first order explosion, and the following months were all net gains without losses, without a one-year loss. After the order explosion, the former HR of the company proposed a salary increase to the boss.
Li Qi recorded itThe net profit generated for the company in 2020 is as follows:
In addition, Li Qi also providedThe bank statement for salary payment after the order explosion in April. (April salary is paid in May)
If I have a problem with my abilities or don't make money, why should the company give me a salary increase and commission? "Li Qi said in silence.
3、 Salaries continue to rise to tens of thousands, with commissions reaching as high as a single month90 thousand
“When there are no achievementsI have neverRaised salary,It's only after several consecutive months of explosive orders that we rely on market conditions,Reasonably request a salary increase, and every time a salary increase is madeAll set by the bossThe threshold requires me to continue making profits and achieve it every monthOnly after a profit of 200000 yuan can we agreeSalary increase. So my salary has been worked out bit by bit by myself, absolutely reasonable!”Li Qi responded to the salary increase.
In addition, the company also mentioned that its monthly commission is as high asRegarding this, Li Qi stated that my maximum monthly profit for the company is over 400000 yuan, and the maximum commission and base salary I received amounted to over 60000 yuan.
IVNever defaulted on anyone's salary
Li Qi disagrees with the company's statement that they have never defaulted on anyone's salary. He introduced himself and his colleagues, this monthBefore the 20th, my salary was only paid until September, and in mid October, I received my September base salary.
Li Qi also has some understanding of the situation of other resigned employees. He said that other people also have cases of salary arrears, and everyone also inquired about the progress of salary payments, and said they would collectively seek compensation.Resignated employees can testify, and a check of the bank's salary statement will reveal the truthNo YesDelayed wagesThe situation.
In addition to defaulting on employee salaries, Li Qi also mentioned some other situations, stating that the company also has issues with defaulting on supplier payments. Previously, suppliers had come to the company to demand debt.
VInfringement of employee privacy
Li Qi believes that the company has violated his privacy and allowed him to freely read his private chat content. He made it clear that his online chat was a private conversation between male and female friends, which did not affect work or the company. However, his normal chat content was secretly watched by the company, and it was said that his moral style was corrupt. This was confusing everyone's attention, and it must be that the company had no way to retaliate. Therefore, it was necessary to take out the employee's chat privacy as a clarification.
VICompliance claims for dismissal compensation
Li Qi originally intended not to resign, but according to his statement, the boss's girlfriend Wang Qing took the initiative to introduce him to a job and later asked him to resign. Li Qi believes that this is a dismissal of employees by the company, and employees should receive compensation for the dismissal.
Li Qi claims that the dismissal compensation I am seeking complies with the Labor Law of the People's Republic of China, which stipulates thatArticle 47 stipulates that economic compensation shall be calculated based on the number of years of service provided by the employee in the unit, and shall be paid to the employee at the rate of one month's salary for each full year. In addition, if the employer dismisses an employee, it is illegal to terminate the labor contract, and the employer must pay compensation to the employee at twice the economic compensation standard.
According to Li Qi's calculation, if he works for the company for two years, the company should compensate him80000 yuan, plus 30000 yuan in arrears, totaling 110000 yuan. These are all reasonable and legal.
“The company knows it's a mistake, so it invited meOn November 20th, I met at the company and agreed to my legal compensation and signed a settlement agreement. Unexpectedly, the boss of the company assaulted me and forced me to sign a settlement agreement, record a video, and write down my home address. Then clear my phone records and restore the factory settings. I was only allowed to leave after transferring 20000 yuan from the company's public account, and it was only after withdrawing the lawsuit on November 22nd that the outstanding 10000 yuan salary was transferred to me, without mentioning any compensation issues Li Qi said.
The founder of the company involved: This malicious smear is too extreme
In order to restore the incident as much as possible, the editor contacted Wang Wei, the founder of the company involved, and he provided a comprehensive response to the matter.
Li Qi was introduced to the company for work. At that time, he did not understand what independent cross-border e-commerce was. After joining the company, Li Qi gradually gained some abilities and achievements from being a novice.
In 2019 and 2020, the company performed well and received investments. In the second half of 2020, the company began to gradually transform from a popular model to a vertical model, but it did not do well. The reason is that in the past, when making popular products, employees had a fixed mindset, and promotion and other aspects were still popular, which made it difficult to promote fixed products of the brand with this mindset.
After the transformation, the company made some adjustments in the category and assigned a brand to Li Qi based on his previous good performance in the category, hoping to build it according to the vertical station. Wang Wei said that Li Qi didn't get started and became accustomed to selling popular products. He definitely didn't know how to create a brand, not only for his company, but also for almost all companies. The company recruited a copywriter translator for it, hoping to start with copywriting localization, but the latter's work effect was not ideal.
It is difficult for the popular model group to transform into a brand, and during this process, some people may fall behind. The company is considering layoffs for all members of Li Qi's group. In terms of Li Qi's whereabouts, Wang Wei recommended him to work in a listed company, but Li Qi refused to go and his resume did not meet the requirements of the other party. Resignation is inevitable, and Li Qi hopes to receive compensation before leaving.
At the beginning, he said it was just a month's salary, but later due to poor communication, he increased it to 60000 yuan. After he arbitrated, I asked him how much he wanted to compensate, and he said 90000 yuan. So I think it's a bit like a lion's mouth, at this time in the company. Before I communicated the arbitration, I always thought he was my own person
Wang Wei stated that compensation ranges from one month's salary to90000 yuan is really unbearable. He doesn't have enough money to compensate, all he can do is pay his basic salary. Some employees who perform well will receive compensation for one month, while the other 99% of employees do not want compensation because they understand my character and know that the company is indeed facing difficulties now
After receiving the arbitration call,On the 20th, Wang Wei invited Li Qi to the office for a meeting. On the same day, 20000 yuan was transferred to the public account and a settlement certificate was signed on site. He also agrees to settle this money together with the salary commission compensation
Regarding the assault mentioned by Li Qi, Wang Wei stated that there were instances of cursing on the same day, but there were no incidents of violent assaults or resetting Li Qi's phone.We have reported the case to the police station, and all four people have taken notes. The police station does not recognize his claim. Because there is no evidence, the police station does not file a case
For what Li Qi saidThis year, we have earned nearly 1.7 million yuan in profits for the company, "Wang Wei said, stating that there is absolutely no such profit, which is around 800000-900000 yuan according to the operational data table.
He only calculates revenue figures, but what about the cost? Many of his goods are ordered at once for 6000 units, and the company is helping him bear the inventory that cannot be sold out. There is also a refund of 130000 US dollars. In terms of cost, his purchase price is over 10 yuan, but our actual purchase price is over 20 yuan. The factory cannot deliver the goods, and if they do not increase the price, they will not provide it at all. Logistics fees have skyrocketed this year, more than double last year
Wang Wei also responded to other questions separately:
1Longhua Company is just a branch, where employees sign labor contracts with the company's Nanshan headquarters;
2The company's business model has undergone transformation and is currently operating normally, without any so-called bankruptcy situations;
3Misappropriating investment funds is a violation and has never occurred before;
4I don't owe any employees, and the actual payment time for my salary is between the 15th and 20th. Sometimes it's normal to be one or two days late because I need to calculate a refund.
5In terms of suppliers, the company has been purchasing in cash since its establishment, and there is no default.
Wang Wei stated that he is not strict with company employees.
The earliest company commission was3-8 points, then to 10 points, and then to 5-20 points, basically calculated according to gross profit. After removing the purchase price, supporting fees, store fees, advertising fees and refunds, it is the part of the commission that should be taken. Under the high commission, some employees received a monthly commission of 290000 yuan, although there were refunds of over 300000 US dollars later, the commission has also been disbursed in full.
Wang Wei said that when employees face difficulties, the founder will make every effort to help. Previously, there were employees who borrowed tens of thousands of dollars but have not yet repaid them. The employees also provided support for their children's education, and the employees got marriedA 6000 yuan red envelope, a 3000 yuan red envelope for Nanchang employees' marriage, and a previous purchase of an iPhone for a certain operation.
At present, Li Qi's labor arbitration has not been withdrawn, he said:As a vulnerable group, migrant workers will not conflict with the company unless necessary. We just want to protect our legitimate rights and interests. This time, we would like to remind all migrant workers that we do not cause trouble but cannot be afraid of it. When encountering unfairness, we must protect ourselves and unite to resist such unfair behavior
Wang Wei is also very depressed. He believes that Li Qi has abandoned the company's previous high commission and preferential treatment, only considering individuals and completely ignoring the company's current difficulties.For someone who treats each other with sincerity, we have achieved such a result. Our peers' salaries cannot meet their performance, and we receive several salary cuts and quarterly commissions. The founder takes care of everyone's feelings and understands that everyone's lives are not easy. What has come in exchange for? You have been arguing and cursing, but have you done too much to maliciously smear me like this
In the industry, disputes between employees and companies are not uncommon, mostly due to conflicts of interest from different positions. In the textWhat do you think of this matter?
(All characters in the text are pseudonyms)