The basic salary of a "fund manager" is 3,000? The court ruled | main song kartu remi, web game sexy
A veteran private equity researcher, claiming to be a fund manager, not only called the police twice in order to demand his salary, but also took private equity to court... Recently, the Judgment Document Network disclosed a "bizarre" personnel dispute in the private equity industry.
The civil judgment shows that Wang once worked for Shangya Investment. In 2019, Wang received a layoff notice from the company, and his salary during the layoff period was based on Shanghai's minimum wage standards. In this regard, Wang communicated with the company many times and called the police to ask the police to handle the dispute, hoping to recover his salary. After the communication failed, he took Shangya Investment to court. However, Shangya Investment did not recognize Wang's identity as a fund manager. In the end, the court also rejected Wang's lawsuit application. What happened?
Suddenly being notified of being laid off
The "love-hate relationship" between Wang and Shangya Investment started in 2014.
On April 28, 2014, Wang went to work at Shangya Investment. On the same day, Shangya Investment sent an employment letter to Wang via email, stating: "Wang's position is a senior researcher in the pharmaceutical industry, and the monthly basic salary is 15,000 yuan per month after tax. The monthly bonus and year-end bonus are calculated separately based on the evaluation."
According to the civil judgment, the cooperation between Wang and Shangya Investment was not a direct contract, but was conducted through an outsourcing agency.
On May 27, 2014, Wang signed a labor contract with Shanghai Zhongyu Human Resources Co., Ltd. (referred to as "Zhongyu Company"), stipulating that Wang would work at Shangya Investment in the form of labor dispatch, with a monthly job salary of 3,000 yuan, and bonuses and other income based on monthly assessments based on the employer's operating conditions and personal performance. Wang and Zhongyu Company signed labor contracts again on January 1, 2017 and January 2, 2019 respectively. The last labor contract stipulated that the labor contract performance period was from January 1, 2019 to December 31, 2020, and the monthly job salary was 3,500 yuan. The contract did not specify specific jobs.
The turning point of the story happened in 2019.
On August 9, 2019, Shangya Investment issued a lay-off notice to Wang, and decided to arrange for Wang to be laid-off from August 16, 2019 on the grounds that "operations require business adjustments" and Wang's "long-term failure to write research reports and continuous failure in assessments". The salary during the lay-off period shall be based on Shanghai's minimum wage standards. In the following days, Wang expressed his objections in writing to Shangya Investment many times, but Shangya Investment insisted on the content of the waiting notice.
So, on August 16, 2019 and August 19, 2019, Wang went to the office of Shangya Investment and called the police twice, asking the police to come to the scene to deal with disputes such as "the other party canceled his access card and other related permissions without authorization" and "deleted his work clock information and fingerprints for no reason".
Subsequently, on September 23, 2019, Shangya Investment returned Wang to Zhongyu Company. Zhongyu Company also issued a notice of termination of the labor relationship and served it to Wang on the same day. The reason for the termination was "because you have repeatedly and continuously seriously affected the normal working order of the employer, making it impossible for the employer to carry out its daily work."
Therefore, Wang sued Shangya Investment and Zhongyu Company to court. He believed that he was involved inIn August 2016, after two years of employment, he was transferred to the position of fund manager. The two companies should pay compensation for illegal termination of the labor contract and make up the difference in previous wages in accordance with the market salary standard of 30,000 yuan per month for fund managers with equal pay for equal work and based on their working years. At the same time, the two companies should also compensate themselves for the performance bonuses they should receive due to their high ranking during the researcher period.
The authenticity of the fund manager is a mystery
Shangya Investment and Zhongyu Company cannot agree with Wang’s appeal. The differences between the three parties focus on the following two aspects:
First, is Wang a fund manager?
Wang claimed that his business card, screenshots of personal information in Wind Software, chat records of Shangya Fund Manager Group, WeChat chat records between Wang and Shangya’s head of investment and trading department Zhou Jihai and legal representative Shi Bo, and some meeting records, etc., can all prove that his position has been adjusted to fund manager since August 2016. However, both Shangya Investment and Zhongyu Company denied their identity as fund managers.
In this regard, the court found that Wang did not have sufficient evidence to prove that he was actually appointed as a fund manager. Even if he was actually engaged in the work of a fund manager, the adjustment of his job position was not necessarily related to the adjustment of his salary.
Second, should Wang be fired?
Zhongyu Company stated that after receiving the notice of return of Shangya Investment, the company learned that since August 15, 2019, Wang had been continuously making noises at Shangya Investment and calling the police, which seriously violated the company's rules and regulations and had a great impact on the company. Therefore, the procedure for terminating the labor contract between Zhongyu Company and Wang is legal.
The court held that the evidence proved that Wang did not act excessively, and it was difficult to determine that he had affected the normal operating order of Shangya Investment, or had a serious impact. And according to the employee code of Shangya Investment, the labor contract can only be terminated if the employee threatens or intimidates colleagues with violence and affects the order of the team. Therefore, there is insufficient basis for Zhongyu Company to terminate the labor contract with Wang. It is an illegal termination and compensation for illegal termination of the labor contract should be paid. Based on Wang’s working years and salary situation, after calculation, Zhongyu Company should pay Wang a compensation of 203,591.67 yuan for illegal termination of the labor contract. Wang's excessive litigation claim amount is insufficiently based and will not be supported. Zhongyu Company's claim not to pay compensation for Wang's illegal termination of the labor contract is also insufficiently based and will not be supported.
In the end, the court ruled that: Zhongyu Company should pay Wang’s salary difference of 93,635.29 yuan from July 1, 2018 to September 23, 2019 within ten days from the effective date of the judgment; Zhongyu Company should pay Wang’s illegal termination of the labor contract compensation of 203,591.67 yuan within ten days from the effective date of the judgment; Wang’s remaining claims were rejected.
The standardization of private equity talent management needs to be improved
Many industry insiders said that the disputes in the above cases may seem like minor matters, but they serve as a reminder to both private equity and fund managers.
“Due to the weak awareness of compliance in the past, the characteristics of the ‘grass team’ still exist in private equity, and the number of employees is small and the company structure is flat. Therefore, there are often ambiguities in terms of incentive mechanisms, personnel contracts, etc., thusIt is easy to cause disputes. However, with the rapid development of the private equity industry, many private equity institutions continue to expand their personnel, and the standardization of talent management needs to be improved urgently. "A private equity founder in Shanghai said frankly.
A quantitative private equity fund manager also believes: "Many times private equity bosses will make verbal promises with fund managers, such as promising performance remuneration sharing, salary incentive mechanisms, etc. However, such verbal promises are difficult to become strong evidence in real litigation. Therefore, fund managers should also take the initiative to sign relevant contracts and agreements with their employers when joining or changing positions, and both parties should conscientiously fulfill the spirit of the contract. ”
