From: China Women's Daily
■ Zhao Zhihui and Song Yu
Recently, "Today's Women", an urban women's growth drama focusing on "her perspective", ushered in the grand finale. The play takes the survival of a Sichuan restaurant "Chuanbailou" as the starting point, and tells the story of three women with different personalities struggling in the workplace to complete their own growth. In addition to showing women's practical problems such as workplace bottlenecks, marriage difficulties, difficulties and choices in employment direction, the play also hides a lot of legal knowledge.
Can we sign a wager agreement?
The restaurant "Chuanbailou", founded by famous chef Gu Dapeng, is a famous local time-honored brand, but now there is a debt problem. Gu Dapeng signed a wager agreement with Liang Qingran, an outstanding investor, in order to inherit the "Chuanbailou". The two agreed that the flow of water in the "Chuanbailou" should reach specific financial goals within six months, otherwise Liang Qingran would take the "Chuanbailou" away.
Interpretation
In practice, the commonly known "wager agreement", also known as valuation adjustment agreement, refers to the agreement designed to solve the uncertainty, information asymmetry and agency costs of the target company's future development between the investors and financiers when they reach an equity financing agreement, including equity repurchase, monetary compensation and other agreements to adjust the future target company's valuation.
For Gu Dapeng, the financier, the advantage of signing the "VAM Agreement" is that it is easier to obtain large amounts of funds and solve the urgent need of "Chuanbailou" to achieve low-cost financing and rapid expansion. The cost of capital utilization is relatively low. However, once the business environment changes or the profitability of "Chuanbailou" is insufficient, resulting in the failure to achieve the performance goals agreed by both parties, Gu Dapeng will have to compensate Liang Qingran by ceding large amounts of equity or even handing over "Chuanbailou" directly, and its losses will be huge. For Liang Qingran, the investor, the advantage of signing the "VAM Agreement" is to reduce the investment risk as much as possible. Even if the "Chuanbailou" fails to reach the agreed profitability within six months, it can also get corresponding compensation, but in practice, it may also face the legal risk of invalid agreement and actual failure to perform.
Therefore, when it is necessary to sign a "VAM" for investment and financing considerations, we should pay attention to setting reasonable evaluation criteria for VAM, objectively measuring the growth capacity and profitability of enterprises, comprehensively identifying legal risks, elaborately designing and negotiating the terms of the agreement, and minimizing risks and losses.
How to protect rights when encountering sexual harassment in the workplace?
Lu Zhenzhen was harassed by the guests when she was ordering food for them, but the manager told Lu Zhenzhen not to offend the guests. The guests are God.
Interpretation
Article 1010 of the Civil Code stipulates that if sexual harassment is carried out against the will of others by means of words, words, images, physical acts, etc., the victim has the right to request the perpetrator to bear civil liability according to law. In the play, the guests touch Lu Zhenzhen's hands and hug his waist against Lu Zhenzhen's will, which has constituted sexual harassment. It not only infringes Lu Zhenzhen's personality rights, but also may seriously violate the criminal law and constitute a crime of insult.
When encountering sexual harassment in the workplace, the victim must bravely stand up, clearly refuse, and loudly say "no". At the same time, attention should be paid to collecting and retaining evidence materials, including WeChat, SMS, call records, surveillance videos, photos, witness testimony, unit certificates, mediation records, hospital records, etc., and choose to complain to the unit internally, to the trade union and women's federation, Report the case to the public security organ and bring a lawsuit to the people's court to safeguard their legitimate rights and interests according to law.
Is the prenuptial DINK agreement valid?
Her mother-in-law arranges for Gu Manting to have a baby. Gu Manting is upset and depressed, so she asks her husband Xu Hao why she brought up the idea of having a baby. Four years ago, Gu Manting miscarried. At that time, in order to comfort the sad Gu Manting, Xu Hao promised her that she would not have children later, and the two sides signed the "DINK Agreement". Now, four years later, Xu Hao's ideas have changed.
Interpretation
A prenuptial agreement refers to a legally binding written agreement signed by both men and women who are going to marry for the purpose of marriage, which takes effect after marriage. In practice, it is often used to stipulate the ownership of property before or after marriage. According to Article 1065 of the Civil Code, both husband and wife may agree that the property and premarital property acquired during the marriage relationship shall belong to their own ownership, joint ownership or part of their own ownership or part of their joint ownership. The agreement shall be in writing. The agreement of the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.
At the same time, the effectiveness of the prenuptial agreement requires the following elements: 1. The actor has the corresponding civil capacity; 2. The intention of both parties is true; 3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs; 4. The marriage relationship between both parties is legal and valid; 5. In writing. The right to bear is the basic personal right of citizens. The Law on the Protection of Women's Rights and Interests stipulates that women have the freedom to bear children or not to bear children. The "DINK Agreement" before marriage restricts the parties' right to bear, which violates the mandatory provisions of laws and administrative regulations, so it has no legal effect.
How to safeguard the rights of the shop when it is maligned?
After the acquisition of "Chuanbailou", Lu Zhenzhen, Chen Dong and Gu Manting opened a new restaurant opposite to it in order to continue Gu Dapeng's cooking skills. However, when the new restaurant was just opened, it was maligned by competitors. Many live bloggers came uninvited and said that the restaurant was only worth one star, leading to a straight decline in the restaurant's score.
Interpretation
Whether it is a take out platform, an online shopping platform, or a live broadcast platform, the original intention of launching a consumer evaluation mechanism is to provide other consumers with an objective reference when consuming, on the one hand, and on the other hand, to urge businesses to provide better services. However, the "right" of evaluation should not be abused, especially for seeking illegal interests or vicious competition. The legitimate rights and interests of businesses should also be protected.
Article 11 of the Anti unfair Competition Law stipulates that operators shall not fabricate or disseminate false or misleading information to damage the business reputation and commodity reputation of competitors. Article 1024 of the Civil Code stipulates that the right of reputation of civil subjects is protected by law. The competitor's malicious negative comments first infringe the reputation of the restaurant, and should bear the tort liability. If the circumstances are bad, it may also constitute the crime of sabotaging production and operation stipulated in the criminal law, and should bear criminal liability according to law. At the same time, as the live broadcast and scoring platform of the network service provider, it should also take necessary measures such as deleting, blocking, and disconnecting links to reduce the losses of the victims after receiving the notice from the obligee in accordance with the provisions of Article 1195 of the Civil Code, otherwise it should bear joint liability with the infringing network users for the expanded part of the damage.
