Recently, I received a consultation from a senior executive of a financial company, saying that he had signed a "bonus agreement" with an investment company, stipulating that if he helped the company's project successfully finance through his connections, the bonus would be withdrawn according to the financing scale; If the performance exceeds 200 million, in addition to the fixed annual salary of 1.5 million, according to 05% of the excess bonus, now he has accumulated a total of 800 million for the company's multiple projects, but the company only issued more than 1 million bonuses, and the others can't be released, ask how to deal with it....
In addition, there is also a sales director of a real estate company, saying that he signed a "sales commission agreement" with a listed company, and for a certain real estate project, for every villa sold (each worth about 30 million), a commission of 200,000 yuan will be given; Now he has pitched 30 villas and the client has paid, but the company is now behind on the commission, citing tight cash flow....
I asked the two parties for the relevant agreement, and I was shocked when I didn't know it.
In the case of the financial company, the so-called "bonus agreement" Party A is "XX Company", Party B is "XX Company Financing Department", and the reward object written in the bonus content is also "XX Company Financing Department", and the reward issuance conditions are written "according to the project operation effect"....
The real estate company, the "sales commission agreement" is stamped by the project company of the villa developer, and the project company's capital chain has been broken, wages cannot be paid, and there are many "final" cases, and now the market value of the villa is also indescribable...
Two sad gold collars in a row reminded me of a case of protecting the rights of the general manager of a subsidiary of a state-owned enterprise in the early years.
Case Overview] Since 2012, the party Mr. Zhang has served as the leader of a subsidiary of a state-owned enterprise, a professional manager, the appointment of major shareholders, and the employment of the board of directors, and the process is very complete.
Later, because of the cyclical problems of the industry itself, and being implicated in the Sino-US war, the company's performance gradually went downhill.
In mid-2020, Mr. Zhang was inexplicably dismissed on the grounds of "poor management", "serious dereliction of duty", and "embezzlement of company property".
Mr. Zhang was confused, and later learned after the arbitration hearing that the so-called "poor management" and "serious dereliction of duty" were the failure to manage and operate the company well, resulting in the company losing money year after year and on the verge of bankruptcy; In the lawsuit, the lawyer on the company's side also went online during the debate, blaming Mr. Zhang for "serious dereliction of duty and loss of state-owned assets".
In addition, the "embezzlement of the company's property" accused by the company turned out to be the lack of signature of the "superior leader" in Mr. Zhang's reimbursement process, and the "illegal reimbursement" of catering expenses during his tenure was as high as more than 100,000 yuan....
The funny thing is that in the subsidiary, Zhang is always the number one, and there is no so-called "superior leader" at all.
In addition, the company's major shareholder (state-owned enterprise) gave a "performance agreement" in writing before joining the company, promising that Mr. Zhang would be equipped with a brand-new and top-of-the-line Audi A6L after taking office, and the two parties agreed that if he worked hard for 5 years, the Audi car would be transferred to him free of charge.
At that time, the shareholders of the state-owned enterprises were full of sincerity, and in order to show fairness and justice, the "Performance Agreement" was specially stamped in duplicate and handed over to each for safekeeping.
Now that he has been working for 8 years, he has inexplicably fired people, and Mr. Zhang is angry and sues the company to fulfill its promise to Audi.
There is one more detail about the reward of this Audi A6L:
The new, top-of-the-line Audi A6L promised by the major shareholder was "reduced" to become the Volkswagen Passat after Mr. Zhang officially took office, because Mr. Zhang had just joined the company, and the major shareholder said that he shared weal and woe with the company.
At the expiration of 5 years, Mr. Zhang took the "Performance Agreement" to the company's leaders to ask for Audi, and the company saw that he was not too embarrassed to play tricks on the grounds that the company needed to buy a car and handle vehicle property rights registration, so the company's finance asked Mr. Zhang for the original ID card and the original "Performance Agreement"....
Later, the top Audi A6L has not been in place, and the original copy of Mr. Zhang's "Performance Agreement" was mysteriously lost....
Result of the lawsuit] Mr. Zhang won the case of illegal termination (of course, for the gold collar with a monthly salary of more than 100,000 yuan, the compensation for illegal termination has no meaning).
The court rejected the case against the company for the car, on the grounds that the judge believed that it was a promise given by the majority shareholder and had nothing to do with the company, and the judge also "thoughtfully reminded you" that if you want a car, you can list the major shareholder as a defendant and sue separately....
But the major shareholder we are facing is a state-owned enterprise, a large local taxpayer, and the original copy of the "Performance Agreement" promised to Mr. Zhang has been lost...
The difficulty of this rights protection can be imagined.
Lessons learned] 1The mentality of the gold collar should be correct.
Even if the company's leader, general manager, CEO, COO or something, in front of the company's shareholders, the nature is a "working man".
It is best to report large expenses to the company's shareholders or board of directors, don't be too troublesome, even if you send a WeChat, email, or a sentence or two.
2.Bonus and commission agreements should be carefully worded.
The rewards promised by major shareholders must be clearly written in black and white, and how they will be distributed, when they will be distributed, and how they will be calculated, etc., must be clear and unambiguous, and cannot be ambiguous; It is necessary to learn to stand in the company's perspective, and analyze and review the terms of the agreement word by word and sentence by sentence with the goal of "the agreement can be signed and the reward must not be given", and find out the "pitfalls" of the agreement.
3.Be vigilant.
The company can be trusted, but not to be less vigilant.
The originals of any documents cannot be taken off, and important documents and items cannot be stored in the company.