During this process, some companies faced operational challenges and layoffs were inevitable. Conflicts between employees and companies followed, and some even went to court. Li Qi, an industry operator, was one of the employees who had a dispute with the company. He said that after he and the company had overcome difficulties together, he earned 1.7 million yuan in profits for the company , but now the company wanted to directly dismiss him.
Li Qi believed that the company should compensate him according to the labor law, while the company believed that it only needed to pay his salary normally. Li Qi and the company could not reach an agreement on compensation. Later, Li Qi claimed that the boss had beaten and threatened him and exposed the company's information. The company quickly issued a reply statement to clarify. A farce between a cross-border industry employee and a company was staged.
"Earned 1.7 million in profits for the company, but was fired and threatened"
On November 24, Li Qi sent a message to the editor:
"I want to expose a company, **** (Shenzhen) Co., Ltd., which is a cross-border e-commerce independent website seller. Due to its own poor management, it misappropriated investment funds to fill private accounts, and large-scale consumption led to bankruptcy. In order to drive away employees, it did everything possible and owed wages with a clear conscience. When the company experienced its first crisis, I did not choose to leave, and insisted on overcoming the difficulties with the company.
This year I earned a total profit of 1.7 million for the company . In September, for some reason, the company's advertising account was blocked, causing orders to plummet.
Not long ago, the boss's girlfriend pretended to introduce a job to me. I made it clear that I did not want to resign. Later, the boss's girlfriend said that I could not resign, but I had to accept a pay cut. Because we could not reach an agreement, the company directly let me go.
I followed the legal process to file a lawsuit to defend my rights. The boss called me to his office to threaten and beat me, saying he would accept compensation. There were six people in the office at the time , one of whom was a relative of the boss and had experience in fighting. I was slapped and hit on the head in the office, and my phone was forcibly reset.
I understand the difficulties faced by the company during the pandemic, but the boss pretended to be bankrupt, but in fact he was changing his position and reopening the company under someone else’s name. ”
Li Qi described his situation and presented details of how he had earned nearly 1.7 million in profits for the company this year .
Li Qi said that before he was fired, his base salary was 20,000 yuan, which was the amount he asked his boss Wang Wei for a raise after experiencing a number of sudden sales. In September, the company's advertising account was closed and he could no longer see the data, so he could only get the base salary. Previously, the highest monthly salary he received was more than 60,000 yuan. This year, his commission and salary totaled more than 200,000 yuan.
When talking about the salary issue, Li Qi said frankly: " I work very hard . I basically don't go out on weekends. Apart from sleeping and eating, I spend almost all my time looking at advertising data 24 hours a day . During the period of explosive sales this year, I basically went to bed at around 3 a.m. every day. The company is not stupid. The salary paid is entirely based on the profit you create."
According to relevant regulations, companies that dismiss employees are required to pay compensation. Li Qi calculated based on his own situation. He has worked in the company for two years. If it was a normal dismissal, the compensation would be n(2)+1, which is 60,000 yuan for three months, plus 30,000 yuan in arrears for his salary for October and half a month of November, a total of 90,000 yuan.
Initially, the company wanted to dismiss Li Qi normally, but was unwilling to pay compensation. Li Qi believed that this involved abnormal dismissal, so the compensation was 2n (2), that is, 80,000 yuan in salary for 4 months, plus 30,000 yuan in arrears, a total of 110,000 yuan. Subsequently, Li Qi filed an arbitration against the company.
Due to the issue of compensation, a conflict arose between the two parties. Li Qi said that his boss tricked him into the office, threatened and beat him, gave him 20,000 yuan (the overdue salary for October), and forced him to sign an agreement to settle all compensation. He also said that he would give him another 10,000 yuan after the arbitration was revoked.
Li Qi was very angry about the company's practices. He issued a message exposing a rogue and disgusting enterprise, and then the message was spread in some groups in the industry.
The company in question issued a statement regarding the "false statements"
After the news sent by Li Qi and his colleagues spread in the industry, their company responded quickly and made an official statement on the false information and incident.
(Screenshot of part of the company’s statement)
The statement said:
1. Li Qi, the person involved in the incident, joined the company at the end of 2019 as a rookie with a salary of 5k. During the year-long loss, the company kept adjusting teams and teaching operations and promotion. Later, due to poor performance, he was transferred back to the Nanshan branch from the Shenzhen Baoan branch and became a member of Zhang Dongdong's team. With the support of many accounts, budgets, logistics, procurement and customer service of the company, he achieved some results. His salary continued to rise to tens of thousands, and his commission was as high as 90,000 per month.
The company said that such a person, who was regarded as one of the team's own, had no gratitude, ignored the company's help and support, became arrogant and arrogant, and took it for granted that he was capable. They asked questions one after another: Without the company's large-scale commission system, accounts and other resources, could this person's annual income reach more than 200,000 yuan? Could he buy a car? Could he afford to rent a house for 6,000 yuan per month?
2. The person involved, Zhang Dongdong, was a former employee of an independent website who was fired for being a big seller. He grew up in the company and his salary jumped to 15k twice in a row. The company suffered long-term losses and poor performance, but the company thought that he had good character and kept him to train him in the hope of a breakthrough. However, he resigned on his own initiative in November.
The statement said that the company had never defaulted on anyone's salary in the three years since its establishment , and all wages were paid on the 15th of each month together with the base salary and commission. The two parties involved in this incident made a lot of malicious remarks and instigated their WeChat friends to forward the information to various WeChat groups, which caused irreparable losses to the company. The company will collect evidence and hold the two parties accountable for their legal responsibilities.
According to the statement, the company discovered indecent chat records between Li Qi and his colleague An in DingTalk on his computer in November. The company believed that Li Qi had a corrupt moral style during work, neglected his duties, and was extremely arrogant. The company disdained to work with him and decided to terminate the 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 of the false information circulating: 1. Regarding investment funds: investment funds are credited to the company's public account, and all funds withdrawn from the public account are used to pay long-term suppliers and employees. The founder only receives monthly salary, and the company's accounts are audited annually, so no one has the right to embezzle funds. There is no question of large-scale consumption. The Porsche used by the founder was purchased in 2018, when the company was not yet established.
2. The company never asked any employee to reduce their salary. Instead, it introduced Li Qi and others to work for listed companies. Li Qi’s education and qualifications could not meet the requirements of the other party, and the other party’s salary was not as high as that of the company. After no results, an arbitration compensation dispute arose;
3. The founder did not have any violent tendencies towards Li Qi, and it is not true that he verbally abused the pregnant woman (An) because An was not present at the time and no information about An was mentioned during the entire process. How could he be considered a threat to the unborn child?
After the company received the labor arbitration from Li Qi, Li Qi increased the compensation from one month's salary to 60,000, and then to 90,000. It was settled on November 20 (with a settlement certificate). After receiving the salary and compensation, Li was still unwilling to give up and tried to get more. No company could accept such greed. On November 22, Li Qi instigated Zhang Dongdong to maliciously slander the company.
4. About bodyguards: Zhao joined the company in 2018 as a founding employee, responsible for logistics and warehousing. Zhao is a retired member of the former national Sanda professional team. He has suffered numerous injuries from a large number of competitions. He has served the company diligently and conscientiously, and has never caused trouble without reason. If he was threatened and beaten as Li Qi said, I think they should be in the hospital at this moment, not still causing trouble, considering Zhao's height of 192 (cm).
5. About Longhua Company: The Longhua team of the company was established in July 2021. All team members signed labor contracts and established labor relations with the company (headquarters) . In order to take care of the Longhua team living far away from Longgang, the office was set up in Minzhi to facilitate employees to go to and from work. Where did the rumor of relocation come from? Rumors were maliciously fabricated and spread, making the ignorant people think that the company was an unforgivable enterprise. Such intentions were nothing more than money.
Li Qi responded: It is a reasonable request for compensation
Li Qi also responded to the company's statement and raised the following doubts.
1. The date is wrong and the official seal is not stamped
Regarding the statement issued by the company, Li Qi believes that there are two problems: 1. The event was originally in November, but the company wrote October 22 as the start date, which shows that they were perfunctory about the matter; 2. As a company, they issued a statement without even putting a stamp on it, so how can it be credible?
2. About the year-long loss
Li Qi said that he joined the company at the end of November 2019, and had two surges in volume within three months. The second time was during the Chinese New Year, and the company did not recharge the advertising fee, which caused the advertisement and website to die. In April 2020, Li Qi experienced the first surge in orders, and the following months were all net profits with no losses, and there was no loss for a year. After the surge in orders, the company's former HR asked the boss for a salary increase.
Li Qi recorded the net profit he created for the company in 2020 as follows:
In addition, Li Qi also provided the bank statements of salary payment after the explosion of orders in April. (April salary was paid in May)
"If I have problems with my ability or I am not making any money, why should the company give me a salary increase and commission?" Li Qi was speechless.
3. Salaries continue to rise to tens of thousands, with commissions as high as 90,000 per month
" Before I made any achievements , I never asked for a raise . It was only when I had a booming business for several months in a row that I made reasonable requests for a raise based on market conditions. And every time I got a raise , my boss would set a threshold, requiring me to make continuous profits and reach a profit of 200,000 yuan per month before agreeing to a raise . So my salary is earned bit by bit through my own hard work, and it is absolutely reasonable! " Li Qi responded to the salary increase.
In addition, the company also mentioned that its monthly commission was as high as 90,000 yuan. In response, Li Qi said that the highest profit I made for the company in a month was more than 400,000 yuan, and the highest commission I received plus the basic salary totaled more than 60,000 yuan.
4. Never owed anyone wages
Li Qi disagreed with the company's claim that it had never delayed anyone's salary. He introduced the situation of himself and his colleagues. Before the 20th of this month , his salary was only paid until September, and the basic salary for September was paid in mid-October.
Li Qi also has some understanding of the situation of other resigned employees. He said that other people have also been owed wages, and everyone has asked each other about the progress of salary payment and said they want to collectively demand wages. All resigned employees can testify, and a check of bank salary statements will show whether there is any wage arrears .
In addition to the withholding of employee wages, Li Qi also revealed some other situations. He said that the company also had the problem of withholding money from suppliers, and had been visited by suppliers to collect debts before.
5. Invasion of employee privacy
Li Qi believed that the company violated his privacy and read his private chat content at will. He made it clear that his online chats were private chats between boyfriend and girlfriend, and did not affect his work and the company. However, his normal chat content was peeped by the company, and it was used as a pretext to say that he had a corrupt moral character. This was confusing everyone. The company must have no way to fight back, so it had to use the employee's chat privacy as a clarification.
6. Requesting dismissal compensation in compliance with regulations
Li Qi originally intended not to resign, but according to his statement, his boss's girlfriend Wang Qing took the initiative to introduce him to a job and then asked him to resign. Li Qi believed that this was a dismissal by the company and that the employee should receive dismissal compensation.
Li Qi said that the dismissal compensation he requested was in compliance with the Labor Law of the People's Republic of China. Article 47 of the Labor Law stipulates that economic compensation is calculated based on the number of years the employee has worked in the unit, and is 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 an illegal termination of the labor contract and must pay the employee compensation at twice the economic compensation rate.
According to Li Qi's calculation, he worked in the company for two years, and the company should compensate him 80,000 yuan, plus the 30,000 yuan in arrears, a total of 110,000 yuan. These are all reasonable and legal.
" The company knew it was in the wrong, so it asked me to meet at the company on November 20, promised me legal compensation, and signed a settlement agreement. I didn't expect the boss to beat me at the company and forced me to sign the settlement agreement, record a video, and write down my home address. He then cleared the records on my mobile phone and restored it to factory settings. He transferred 20,000 yuan to me from the company's public account before letting me leave, and said that he would transfer the 10,000 yuan in arrears to me only after I withdrew the lawsuit on November 22, without mentioning a word about compensation." Li Qi said.
The founder of the company in question: 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 in question, and he gave a comprehensive response to the matter.
Li Qi was introduced to work in the company. At that time, he did not know what independent cross-border e-commerce was. After joining the company, from a novice to an industry insider, Li Qi gradually acquired some abilities and achievements.
In 2019 and 2020, the company achieved good performance and received investment. In the second half of 2020, the company began to gradually transform from the hot-selling model to vertical, but it did not do well. The reason is that in the past, when it came to hot-selling, the employees’ thinking was rigid, and the promotion and other aspects were still based on the hot-selling thinking, and it was difficult to promote the brand’s fixed products with this kind of thinking.
After the transformation, the company made some adjustments in product categories. It assigned brands to Li Qi based on the categories that he had previously run well, hoping to build a vertical website. Wang Wei said that Li Qi did not succeed. He was used to running hot products and must not know how to build a brand. This was not only the case for his company, but almost all companies. The company hired a copywriter for him, hoping to start with copywriting localization, but the latter's work was not satisfactory.
It is difficult to transform a hit group into a brand. Some people will fall behind in the process. The company is considering laying off all employees in Li Qi's group. Wang Wei recommended Li Qi to work in a listed company, but Li Qi was unwilling to go and his resume did not meet the requirements. Leaving is inevitable, and Li Qi hopes to get compensation before leaving.
"At first, he said it was just one month's salary, but later, because the communication didn't produce a good result, he raised it to 60,000. After the arbitration, I asked him how much he wanted in compensation, and he said 90,000, which I thought was a bit too much at this point in the company. Before the arbitration, I always thought he was my own man."
Wang Wei said that the compensation from one month's salary to 90,000 is really unbearable. He does not have that much money to compensate, and all he can do is to pay the basic salary. "For some employees with better performance, I will give one month's compensation, and the other 99% of employees do not want compensation, because they know me well and they also know that the company is in a difficult situation right now."
After receiving the arbitration call, Wang Wei asked Li Qi to come to his office on the 20th to discuss the matter. On the same day, 20,000 yuan was transferred from the public account and a settlement certificate was signed on the spot. "He also agreed to settle the money together with the salary commission compensation."
Regarding the beating mentioned by Li Qi, Wang Wei said that there was cursing on the street that day, but there was no conflict or beating, and Li Qi's phone was not reset. "We reported the case to the police station, and all four of us made statements. The police station did not admit his statement. Because there is no evidence, the police station will not file a case."
Regarding what Li Qi said, "the company earned nearly 1.7 million in profits this year," Wang Wei said that this was absolutely not the case. According to the operating data sheet, it was about 800,000 to 900,000.
"He only counted the revenue figures, but what about the costs? Many of his goods were ordered in batches of 6,000 pieces at a time, and the company helped him bear the unsold inventory, and also refunded 130,000 US dollars. In terms of cost, his purchase price was more than 10 yuan, and our actual purchase price was more than 20 yuan. The factory couldn't deliver the goods, and they wouldn't give it to us unless we raised the price. The logistics costs have skyrocketed this year, more than doubled compared to last year."
Wang Wei also responded to other questions:
1. Longhua Company is just a branch, and the employees there all have labor contracts signed with the company's Nanshan headquarters; 2. The company's business model has been transformed and is currently operating normally, with no so-called bankruptcy; 3. Misappropriation of investment funds is a violation of regulations and has never happened before; 4. No employee is owed money. The actual salary arrival time is between the 15th and 20th. It is normal to be one or two days late because the refund needs to be calculated. 5. As for suppliers, the company has been purchasing in cash since its establishment and there is no arrears.
Wang Wei said that he is not harsh towards the company's employees.
The company's commission was originally 3-8 points, then 10 points, and then 5-20 points. It was basically calculated based on gross profit, minus the purchase price, supporting fees, store fees, advertising fees and refunds, which was the commission that should be taken. Under the high commission, one employee received 290,000 commissions in a month, and even though more than 300,000 US dollars were refunded later, the commissions had been paid in full.
Wang Wei said that when employees have difficulties, the founder will help them. An employee had previously borrowed tens of thousands of yuan and had not yet repaid it. The founder also supports employees' children in going to school. He gave red envelopes of 6,000 yuan to employees who got married and 3,000 yuan to employees in Nanchang who got married. He also bought iPhone phones for an operation.
At present, Li Qi's labor arbitration lawsuit has not been withdrawn. He said: "As a vulnerable group, workers will not conflict with the company unless necessary. We just want our legal rights to be protected. This time I want to remind all workers that we don't cause trouble but we can't be afraid of it. When we encounter unfairness, we must protect ourselves and unite to resist such unfair behavior."
Wang Wei was also very depressed. He thought that Li Qi ignored the company's previous high commission and preferential treatment, only considered himself, and did not consider the company's current difficulties. "For such a person who treated me sincerely, we got such a result. The salary of colleagues who did not meet the performance targets was reduced several times, and the commission was paid once a quarter. The founder took care of everyone's feelings and understood that everyone's life was not easy, but what did he get in return? We quarreled and scolded, but you maliciously slandered me like this, isn't this too extreme?"
Disputes between employees and companies are not uncommon in the industry, mostly due to conflicts of interest from different positions. What do you think of this incident in the article?
(All characters in this article are pseudonyms) Operations leaked and dismissed |
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