In this process, some companies are faced with operational challenges, and layoffs are inevitable, resulting in conflicts between employees and the company, some of which even go to court. Li Qi, an operator in the industry, was one of the employees who had a dispute with the company. He said that he earned money for the company after he and the company had overcome the difficultiesThe company will directly dismiss the company with a profit of 1.7 million yuan.
Li Qi thinks that the company should compensate him according to the labor law, while the company thinks that it only needs to pay his salary normally. Li Qi and the company could not reach an agreement on compensation. Later, Li Qi said that the boss threatened to beat him and exposed the company's information. The company soon issued a reply statement to clarify. A farce between employees and companies in cross-border industries was staged.
"Made 1.7 million profits for the company, but was dismissed and threatened"
On November 24, Li Qi sent a message to the small editor:
"I want to expose an enterprise, * * * (Shenzhen) Co., Ltd., which is a seller of independent cross-border e-commerce stations. Because of its poor management, it misappropriated investment funds to fill private accounts, and large consumption led to bankruptcy. In order to drive away employees, it had to resort to extreme measures, so its wages were in arrears. At the beginning of the company's first crisis, I did not choose to leave, but insisted on going through the difficulties with the company.
I earned a total of money for the company this yearIn September, the company's advertising account was closed for some reasons, resulting in a sharp drop in orders.
Not long ago, the boss's girlfriend pretended to introduce me to work, and I made it clear that I didn't want to leave. Later, the boss's girlfriend said that it was OK not to leave, but that I would accept a salary cut. The company directly let me go because there was no agreement.
I protected my rights in accordance with legal procedures. My boss called me to the office for threats and beatings on the grounds of accepting compensation conditions. At that time, there wereSix people, one of whom is a relative of the boss, and has sanda experience. In the office, I was slapped and hit on the head, and my mobile phone was forcibly reset.
I understand the company's business difficulties during the epidemic period, but the boss pretended to go bankrupt, but in fact, he shifted his position and used other people's names to restart the company.”
Li Qi described his own situation and presented that he earned nearly1.7 million profit details.
Li Qi said that before he was dismissed, his basic salary wasRMB 20000, which is the figure after the boss Wang Wei asked for a salary increase after several times of orders explosion. In September, after the company's advertising account was closed, it was impossible to see the data, and I had to get a basic salary. Previously, he received a maximum monthly salary of more than 60000 yuan. This year, my own commission and salary increase totaled more than 200000 yuan.
When talking about salary, Li Qi said frankly:“I personally work hard, basically don't go out on weekends, one dayIn addition to sleeping and eating for 24 hours, I almost read the advertising data. During the period when the orders were sold out this year, I basically slept more than 3 a.m. every day. The company is not stupid. The salary is based on the profits you create. "
According to relevant regulations, the company needs to pay compensation for dismissing employees. Li Qi calculates according to his own situation. He has worked in the company for two years. If he is dismissed normally, the compensation isN (2)+1, that is, the salary of three months is 60000 yuan, plus 30000 yuan in arrears for the salary of October and November, totaling 90000 yuan.
At first, the company wanted to dismiss Li Qi normally, but was unwilling to compensate. Li Qi thought that this involved abnormal dismissal, so the compensation was2n (2), that is, the salary of four months is 80000 yuan, plus 30000 yuan in arrears, totaling 110000 yuan. Later, Li Qi initiated arbitration to the company.
Due to the compensation problem, the two sides had a conflict. Li Qi said that the boss cheated him into the office, threatened and beat him, and gave him20000 yuan (the salary of October in arrears), and forced him to sign an agreement to settle all the compensation. He also said that he would be given 10000 yuan after the arbitration was canceled.
Li Qi was very angry at the company's practices. He sent the news of exposing a rogue and disgusting enterprise, which was then spread among some groups in the industry.
The company concerned"False remarks" issued a statement
After the news sent by Li Qi and his colleagues spread in the industry, his company responded quickly, saying that it made an official statement on the false information and events.
(Partial screenshots of the company's statement)
The statement states that:
1、Party Li Qi, YuAt the end of 2019, he joined the company as Xiaobai with a salary of 5k. During the loss of one year, the company continued to adjust the team and teach the operation and promotion. Later, due to poor performance, he was transferred back to Nanshan Branch from Shenzhen Bao'an Branch, and became a member of Zhang Dongdong Group. With the support of many accounts, budgets, and material flow procurement customer service, he made some achievements. The salary kept rising to tens of thousands, and the commission was as high as 90000 per month.
The company said that, in the eyes of such a management team, the person was ungrateful, ignored the company's help and support, impetuous and expansive, took it for granted that his ability was out of bounds, and repeatedly asked: Without a large proportion of the company's royalty system, account number and other resources, could the person's annual income reachMore than 200,000? Can I buy a car? Can you afford to rent a house for 6000 months?
2、Zhang Dongdong, the party concerned, dismissed an employee for a previous independent station and grew up in the company concerned,The salary jumped to 15k for the second time in a row, and the long-term loss performance was not good, but the company thought that his character was fair, and the expectation of retention training broke out. This person left on his own in November.
The statement said that the company was establishedIn the past three years, no one has been in arrears with his or her salary, which is paid on the 15th of each month together with the base salary commission. The two parties to this incident made a large number of malicious remarks and instigated WeChat friends to forward them to various WeChat groups, which caused irreparable losses to the company. The company will collect solid evidence and hold the two parties accountable.
According to the statement, the companyIn November, I found the indecent chat record between Li Qi and his colleague An in the computer nails. I thought that Li Qi's moral style was corrupt during his work, and he was neglectful of his duties. He was extremely expansive and disdained to be associated with him, so I decided to terminate the labor relationship with him. An also left on his own in November, and his salary has been paid.
At the same time, the company clarified many untruths in the news:
1、About investment funds: the investment funds are recorded in the company's public account, and the public account disbursements are the company's long-term cooperative suppliers and employees' salaries. The founders only receive monthly salaries. The company's accounts are audited annually, and private individuals have no right to misappropriate them. Not to mention large consumption, the founder used Porsche to purchase in 2018, when the company was not established;
2、The company never required any employee to reduce his salary, but introduced Li Qi and others to the listed company. Li Qi could not meet the requirements of the other party due to his education background and qualifications, and the other party's salary was not as high as the company's, leading to arbitration and compensation issues after failure;
3、The founder did not have any tendency to violence against Li Qi, and it was not valid to add bad words to pregnant women (An). Since An was not present at that time, and no mention was made of any situation of An in the whole process, how could he threaten the baby?
After the company received Li Qi's labor arbitration, Li Qi increased the compensation from one month (salary) to60000 yuan, and then rose to 90000 yuan, which was settled on November 20 (with a settlement certificate). After Mr. Li received his salary and compensation, he was still reluctant to fight for more. Such greed was unacceptable to any company. On November 22, Li Qi instigated Zhang Dongdong to vilify the company.
4、About bodyguards: Mr. Zhao joined the company in 2018 as a founding veteran employee responsible for logistics and warehousing. Zhao is a retired member of the former national sanda professional team. A large number of competitions have resulted in numerous injuries and illnesses. He has served the company diligently and dutifully, and has never provoked trouble for no reason. As Li Qi said, he was threatened to be beaten, (with) Zhao's height of 192 (cm). I think they should be in the hospital now, rather than still making trouble.
5、About Longhua Company: the company's Longhua team was established in July 2021, and all members of the team andCompany (Headquarters)Sign labor contracts and establish labor relations. In order to take care of the fact that the Longhua team lives far away from Longgang, the office was set up in the civil administration to facilitate employees' commuting. What's the point of transfer? The rumor was maliciously fabricated and spread, so that the unknown melon eaters thought that the company was a heinous enterprise, and it was only for money.
Li Qi responded that it is reasonable to claim compensation
Statement issued for the companyLi Qi also responded. And put forward the following doubts.
IWrong date, no official seal
According to the statement issued by the company, Li Qi believes that there are two problems:1. It was originally in November, but the company wrote October 22 on the start date, which shows that it was perfunctory; 2. As a company, how can it be trusted if it doesn't seal the statement?
2、 About losses up to one year
Li Qi said that heHe joined the company at the end of November 2019. During the three months, there were two volume operations. The second time was during the New Year, the company had not recharged advertising fees, leading to the death of advertisements and websites. In April 2020, Li Qi experienced the first order explosion, and the following months were all net gains without losses, and there was no loss for one year. After the order explosion, the former HR of the company proposed to the boss to raise his salary.
Li Qi recordedThe net profits it will create for the Company in 2020 are as follows:
In addition, Li Qi also providedThe bank flow of salary after the order explosion in April. (April salary is paid in May)
"If I have problems in my ability or don't make money, why should the company give me a salary increase?" Li Qi said in silence.
3、 The salary keeps rising to tens of thousands, and the monthly commission is as high as90 thousand
“When I didn't make any achievements, I neverRaised salary increase，It is only after several months of order explosion that the market price，Reasonably put forward the request for salary increase, and every salary increaseIt's all set by the bossThreshold: I am required to make profits continuously and do it every monthOnly a profit of 200000 yuan is allowedSalary increase。 So my salary is absolutely reasonable, which I have worked out bit by bit!”Li Qi replied to the salary increase.
In addition, the company also mentioned that its monthly commission is as high asIn this regard, Li Qi said that I could make a profit of more than 400000 yuan for the company at most one month, and the maximum commission and base salary I received totaled more than 60000 yuan.
IVNever owed anyone's salary
Li Qi disagreed with the company's suggestion that he had never defaulted on anyone's salary. He introduced himself and his colleaguesBefore the 20th, his salary was paid only to September, and the base salary of September was paid in the middle of October.
Li Qi also has some understanding of the situation of other resigned employees. He said that other people were also in arrears with their salaries. They also asked each other about the progress of their salaries and said they would collectively ask for salaries.All the resigned employees can testify, and it is obvious from the bank's salary records thatNo YesWage arrearsThe situation of.
In addition to defaulting on employees' salaries, Li Qi also reported some other situations. He said that the company also had the problem of defaulting on suppliers' money, which had previously been door-to-door debt collection by suppliers.
VInfringement of employee privacy
Li Qi thinks that the company has violated his privacy, and he reads his private chat content at will. He made it clear that his online chat was a private chat between his boyfriend and girlfriend, which did not affect his work and the company. His normal chat content was secretly viewed by the company, which was also said to be a corruption of his moral style. This was confusing everyone's vision. Presumably, the company had no way to fight back, so he had to take out the employees' chat privacy as a clarification.
VICompliance claim for dismissal compensation
Li Qi intended not to leave, but according to his statement, the boss's girlfriend Wang Qing took the initiative to introduce him to work and then asked him to leave. Li Qi believes that this is the company's dismissal of employees, and employees should receive dismissal compensation.
Li Qi said that the dismissal compensation I claimed was in line with the Labor Law of the People's Republic of China, which stipulates thatArticle 47 stipulates that the economic compensation shall be calculated according to the number of years the worker has worked in the unit, and shall be paid to the worker at the rate of one month's salary for each full year. In addition, the employer's dismissal of an employee is an illegal termination of the labor contract, and should pay compensation to the worker in accordance with twice the economic compensation standard.
According to Li Qi's calculation, the company should compensate him if he has worked in the company for two years80000 yuan, plus 30000 yuan in arrears, totaling 110000 yuan. These are reasonable and legal.
“The company knew it was wrong, so it asked meI met in the company on November 20, promised my legal compensation and signed the settlement agreement. Unexpectedly, the boss of the company beat me up 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 asked to leave only after 20000 yuan was transferred to me from the company's public account, and said that the 10000 yuan in arrears was transferred to me only after the lawsuit was withdrawn on November 22, without any mention of compensation. " Li Qi said.
Founder of the company in question: It's too bad to smear like this
In order to restore the incident as much as possible, Xiao Bian contacted Wang Wei, the founder of the company concerned, who gave a comprehensive response to the incident.
Li Qi was introduced to work in the company. At that time, he did not know what the cross-border e-commerce of independent stations was. From Xiaobai to the bank, Li Qi gradually gained some abilities and achievements.
In 2019 and 2020, the company achieved good performance and obtained investment. In the second half of 2020, the company began to gradually transform from the explosive model to vertical, but it did not do well. The reason is that in the past, the employees' thinking was solidified and promotion was still the thinking of "breaking", which was difficult to promote the brand's fixed products.
After the transformation, the company has made some adjustments in categories, and allocated brands to Li Qi according to the categories he has run well before, hoping to build them according to the vertical station. Wang Wei said that Li Qi didn't do it. He was used to running out of money, and he certainly didn't know how to make a brand. This is the case not only for his company, but also for almost all companies. The company has recruited a copywriter for it and hopes to start with copywriter localization, but the latter's work effect is not ideal.
It is very difficult for the sales group to transform into a brand. In this process, some people will fall behind. The company will consider to lay off all the staff in Li Qi's group. On Li Qi's whereabouts, Wang Wei recommended him to work in a listed company, but Li Qi did not want to go, and his resume did not meet the requirements of the other party. Resignation is inevitable. Li Qi hopes to leave after receiving compensation.
"At the beginning, he said that it was only one month (salary). Later, because of the poor communication results, it rose to 60000 yuan. After he arbitrated, I asked him how much he wanted to compensate, and he said 90000 yuan. Then I felt a little arrogant. At this time of the company, I always thought he was his own person before he negotiated the arbitration."
Wang Wei said that the compensation was from one month (salary) to90000 yuan is really unbearable. He doesn't have so much money to make compensation. What he can do is to pay basic wages. "For some employees who perform well, I will pay compensation for one month. For the other 99%, they do not want to pay compensation, because they know who I am and that the company is really difficult now."
After receiving the arbitration call,On the 20th, Wang Wei invited Li Qi to the office to talk. On the same day, he transferred 20000 yuan from the public account and signed a settlement certificate on the site. "He also agreed that the money would be paid off together with the salary commission compensation."
As for the beating mentioned by Li Qi, Wang Wei said that there was some swearing on the street that day, but there was no beating in the conflict and Li Qi's mobile phone was not reset."We reported the case to the police station, and all four of them made notes. The police station did not admit his statement. Because there was no evidence, the police station did not file a case."
For what Li Qi said"This year, he earned nearly 1.7 million profits for the company". Wang Wei said that he absolutely did not. From the operating data sheet, it was about 800000 to 900000 yuan.
"He only calculated the revenue figures, but what about the cost? Many of his goods were ordered 6000 pieces at a time, and the company was helping him to bear the inventory that could not be sold out, and there was a refund of 130,000 dollars. As for the cost, his purchase price was more than 10 yuan, and our actual purchase price was more than 20 yuan. The factory could not deliver the goods, and they did not give any price increase at all. The logistics cost has gone up this year, more than double that of last year."
Wang Wei also responded to other questions:
1、Longhua Company is just a branch. The employees there sign labor contracts with the Nanshan headquarters of the company;
2、The company's business model has been transformed, and it is currently operating normally without any so-called bankruptcy;
3、Misappropriation of investment funds is an illegal operation and has never happened;
4、I don't owe any employees. The actual payment time is between the 15th and 20th. Sometimes it's normal to be a day or two late, because we need to calculate the refund.
5、In terms of suppliers, the company has been purchasing in cash since its establishment, and there is no default.
Wang Wei said that he was not harsh with the company's employees.
The earliest commission of the company 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 290000 commissions in January. Although more than 300000 dollars were refunded later, the commissions have been fully paid.
Wang Wei said that the founders would help the employees in case of difficulties. Before that, tens of thousands of employees had borrowed money that had not been repaid. The employees' children also received support from school, and the employees got married6000 yuan red envelope, 3000 yuan red envelope for Nanchang employees' marriage, and once purchased iPhone for an operation.
At present, Li Qi's labor arbitration has not been withdrawn. He said:"As a vulnerable group, the migrant workers will not conflict with the company unnecessarily. We just want to protect our legitimate rights and interests. This time, we want to remind all migrant workers that we should not cause trouble but not be afraid of it. In case of unfairness, we must protect ourselves and unite to resist such unfair acts."
Wang Wei is also very depressed. He thinks Li Qi has abandoned the company's previous high commissions and preferential treatment, and only considers individuals, regardless of the company's current difficulties."For such a person who treats each other sincerely, we got such a result. The peer's salary failed to reach the performance of several salary cuts and a quarterly commission. The founder took care of everyone's feelings so much, and understood what was brought about by the difficult life of everyone. He also quarreled and scolded, but did you do too much to smear me maliciously?"
In the industry, disputes between employees and the company are not rare, and the reason is probably the conflict of interests under different positions. In the textWhat do you think about this?
(All characters in the article are pseudonyms)