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Two year non competition and no compensation CTO in court (1)

2020-12-06 22:31:02 InfoQ

{"type":"doc","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":"center","origin":null},"content":[{"type":"text","marks":[{"type":"size","attrs":{"size":9}}],"text":" Xiamen Shacha noodles ,2020 year 11 The moon was taken in Xiamen ","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" This is a 《 In court CTO》 The first series 1 piece , Belong to ","attrs":{}},{"type":"link","attrs":{"href":"http://mp.weixin.qq.com/s?__biz=MzI2MjMyNzk0Nw==&mid=2247485969&idx=1&sn=aab9d0f57a0d2c7f3292f3e4d7d09a13&chksm=ea4d91f5dd3a18e3c02a591160566ee95d75058783706d0c9e6785a49cdec0251791f5a952e9&scene=21#wechat_redirect","title":null},"content":[{"type":"text","text":"“28 Day writing camp ”( Season six )","attrs":{}}]},{"type":"text","text":".","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" It is said that , Birds of a feather flock together . How to classify , It's a big problem . The development of any subject , We can't do without scientific classification , For example, the chemical classification of substances , Show the purity and mixture , Pure substances are divided into simple substances and compounds …… This method , Relative to gas 、 solid 、 Liquid 、 Plasma 、 Fermi condensates and quarks - State classification of gluon pulp , It's clear boundaries and all of them .","attrs":{}}]},{"type":"image","attrs":{"src":"https://static001.geekbang.org/infoq/35/35b761106c393cf4e70e3cd7c273dd5d.png","alt":null,"title":"","style":[{"key":"width","value":"50%"},{"key":"bordertype","value":"none"}],"href":"","fromPaste":false,"pastePass":false}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Cigarettes and non cigarettes , It's a taxonomy of the tobacco industry and the retail industry . This is the topic we are going to talk about today .","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" In recent years , Tobacco Commodities “ From the beginning, it accounted for the proportion of the store profit 60% The above main products , It has become an important commodity with the same profit as beverage products , Then to the convenience store format , General goods whose profit share is not very prominent .” therefore , How to expand the sales of non-smoking products , It's a big topic for practitioners .","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Zhejiang Provincial People's Government 、 China National Tobacco Corporation 、 Zhejiang University once signed an agreement , The core is to sell non-smoking goods in the form of e-commerce , And then in 2014 year , By Ningbo Electric Mall 、 Zhejiang University Wangxin and China cloud associated Bank jointly invested and established wangxinxinyunlian Technology Co., Ltd ( Hereinafter referred to as net new cloud ).","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" That's what we're going to talk about today , Companies in the dock . The plaintiff is in front of wangxinxinyun CTO Jiang Wenlei .","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Part of his claim in the second instance was :","attrs":{}}]},{"type":"bulletedlist","content":[{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company pays Jiang Wenlei two years of non competition economic compensation 602600.91 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ?“ Net new company and Jiang Wenlei have agreed on the non competition restriction in the confidentiality agreement , However, it was not agreed to terminate or terminate the labor contract to give Jiang Wenlei economic compensation , And Jiang Wenlei fulfilled the obligation of non competition ”","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company pays Jiang Wenlei's mental loss 47000 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ? Because in the first instance , Wang xinxinyun framed Jiang Wenlei for fraud , Violated Jiang Wenlei's right of reputation ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company pays Jiang Wenlei 2018 Annual performance bonus 157333.33 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ?《 Letter of intent 》 It is clearly agreed that the calculation base of individual year-end performance bonus is 236000 element .“ Individual year-end performance bonus is not equal to the year-end bonus of the whole staff , Jiang Wenlei's year-end bonus is part of his salary , It is different from the year-end bonus arranged by the company according to the overall situation of the company every year “” As for netnews, state its company 2018 The annual performance was not good, so the performance bonus was not paid , This is a confusing concept .“","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company paid Jiang Wenlei more than 6 Over months 3 Economic compensation for the probation period of six months 144000 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ? Because it's written in the contract 6 After six months of probation , Jiang was extended 3 A month's probation period . Every month 4.8 ten thousand , Just right 14.4 Ten thousand yuan .","attrs":{}}]}],"attrs":{}}],"attrs":{}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Let's talk about the facts that have been verified by the court .","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":"2017 year 7 month 3 Japan , Jiang Wenlei's new cloud , Position is CTO、 The probation period is six months 、 The term of the contract is 3 year 、 The salary before and after the probation period is 4.7 Ten thousand yuan .","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" They all look good , Isn't it ?","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" The key is coming. :","attrs":{}}]},{"type":"bulletedlist","content":[{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" First of all , Signed that day 《 Confidentiality agreement 》 Appointment , Party B Jiang Wenlei within two years after the end of the contract , Can't get employment in the same kind of enterprise , We can't operate the same business with Party A's new cloud .","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" second , The day after the probation period , The two sides signed an agreement to extend 3 Months probation .","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Third , After the trial period of the extended version , Five months later ,2018 year 9 month 1 Japan , Net new cloud 、 Jiang Wenlei 、 The three parties of China tobacco company changed the labor contract , Jiang Wenlei's working relationship transferred to China Tobacco Company .","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Fourth ,2019 year 1 month , China Tobacco signed a contract with Jiang Wenlei , Make an agreement from 2018 year 12 month 31 The date of , Both parties terminate labor relations .","attrs":{}}]}],"attrs":{}}],"attrs":{}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" after , Jiang Wenlei first applied for labor arbitration , After all requests have been rejected , And filed a lawsuit with the court , Appeal after losing the first instance , In the end in 2020 year 4 The second instance of the month lost the lawsuit .","attrs":{}}]},{"type":"image","attrs":{"src":"https://static001.geekbang.org/infoq/67/670c823e9634a0b6cad237e1aa884b2f.png","alt":null,"title":"","style":[{"key":"width","value":"75%"},{"key":"bordertype","value":"none"}],"href":"","fromPaste":false,"pastePass":false}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why so many requests , None of them was supported by the court ?","attrs":{}}]},{"type":"bulletedlist","content":[{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company pays Jiang Wenlei two years of non competition economic compensation 602600.91 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" After the agreement between the two parties is changed into a tripartite agreement , The new non competition clause replaces the previous one , All content is automatically disabled , So there's no question of compensation ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":2,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ?“ Net new company and Jiang Wenlei have agreed on the non competition restriction in the confidentiality agreement , However, it was not agreed to terminate or terminate the labor contract to give Jiang Wenlei economic compensation , And Jiang Wenlei fulfilled the obligation of non competition ”","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company pays Jiang Wenlei's mental loss 47000 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Quote the original text of the judgment of the second instance ,“ Jiang Wenlei did not provide evidence to prove that the company has carried out damage behavior , There is no evidence to prove that the damage is true ”","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":2,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ? Because in the first instance , Wang xinxinyun framed Jiang Wenlei for fraud , Violated Jiang Wenlei's right of reputation ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company pays Jiang Wenlei 2018 Annual performance bonus 157333.33 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Signed by both parties 《 Full time labor contract 》 There is no performance bonus in China .","attrs":{}},{"type":"text","marks":[{"type":"strong","attrs":{}}],"text":" This is the time to look at the labor contract ","attrs":{}},{"type":"text","text":". Step back ,“ Even according to ”《 Letter of intent 》, It's also agreed that “ It is clear that the performance bonus should also be based on the individual 、 It depends on the company's performance ”, The reality is that 2018 The performance of the whole company is not good , So it's OK not to hair ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":2,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ?《 Letter of intent 》 It is clearly agreed that the calculation base of individual year-end performance bonus is 236000 element .“ Individual year-end performance bonus is not equal to the year-end bonus of the whole staff , Jiang Wenlei's year-end bonus is part of his salary , It is different from the year-end bonus arranged by the company according to the overall situation of the company every year “” As for netnews, state its company 2018 The annual performance was not good, so the performance bonus was not paid , This is a confusing concept .“","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Net new company paid Jiang Wenlei more than 6 Over months 3 Economic compensation for the probation period of six months 144000 element ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":1,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Quote the original text of the judgment of the first instance ,“ Net new company has been to pay Jiang Wenlei's work remuneration at the end of probation period , It has not harmed Jiang Wenlei's economic interests ”","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":2,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Why? ? Because it's written in the contract 6 After six months of probation , Jiang was extended 3 A month's probation period . Every month 4.8 ten thousand , Just right 14.4 Ten thousand yuan .","attrs":{}}]}],"attrs":{}}],"attrs":{}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" As a whole , I think the strength of this first case is a little bit small ,CTO The plaintiff's claim , It's not so solid and powerful . Let's look forward to the next series .","attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null},"content":[{"type":"text","text":" Reference material :","attrs":{}}]},{"type":"numberedlist","attrs":{"start":null,"normalizeStart":1},"content":[{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":1,"align":null,"origin":null},"content":[{"type":"link","attrs":{"href":"http://www.xinyunlian.com/xylcms-admin/web/webIndex/?type=0#aboutUs","title":""},"content":[{"type":"text","text":" website http://www.xinyunlian.com/xylcms-admin/web/webIndex/?type=0#aboutUs","attrs":{}}]}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":2,"align":null,"origin":null},"content":[{"type":"text","text":" WeChat official account “ Xiaodao Xiaodao ”2020 year 11 month 11 Japan :“ Non smoking retail ” Will it be the future of modern terminals ?","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":3,"align":null,"origin":null},"content":[{"type":"text","text":" Ningbo intermediate people's Court of Zhejiang Province things sentence " book (2020) Zhejiang 02 The people end up 438 Number ","attrs":{}}]}],"attrs":{}},{"type":"listitem","content":[{"type":"paragraph","attrs":{"indent":0,"number":4,"align":null,"origin":null},"content":[{"type":"link","attrs":{"href":"https://chemistrybytes.com/welcome/concepts/fundamentals/classification-of-matter/","title":""},"content":[{"type":"text","text":"https://chemistrybytes.com/welcome/concepts/fundamentals/classification-of-matter/","attrs":{}}]}]}],"attrs":{}}]},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null}},{"type":"image","attrs":{"src":"https://static001.geekbang.org/infoq/4c/4c2e5c1cac567cca4d1a1f55403da4d1.webp","alt":null,"title":"","style":[{"key":"width","value":"100%"},{"key":"bordertype","value":"none"}],"href":"","fromPaste":false,"pastePass":false}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null}},{"type":"paragraph","attrs":{"indent":0,"number":0,"align":null,"origin":null}}]}

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