Acquisition Overview - The acquisition of Tian Di Xiang Yun by Kewha Data involved a two-step process, with the first step completed in November 2016 for 25% equity at a price of 90 million yuan [2][3] - The second step occurred in March 2017, acquiring 75% equity for a total price of 637.5 million yuan, with payments structured in three phases [3][4] Performance Guarantees and Compensation - The performance guarantees for the years 2017 to 2019 included net profit commitments of 50 million, 70 million, and 90 million yuan respectively, totaling 210 million yuan [5][6] - If the cumulative net profit fell below the promised total after three years, performance compensation would be required [7][8] - Compensation for underperformance would be calculated based on the acquisition price rather than profit shortfall [9] Control and Management - Post-acquisition, Kewha Data held 100% ownership of the target company, with the founding team transitioning to managerial roles [15][16] - The board consisted of three members, with Kewha Data appointing two and the founding team appointing one [17] Stock Unlocking Conditions - 70% of the acquisition payment was to be used for purchasing Kewha Data's stock, with unlocking conditions tied to performance metrics for each year [19][22] - The actual unlocking of stocks faced delays, leading to legal disputes [24][30] Legal Disputes and Outcomes - The founding team initiated multiple lawsuits against Kewha Data over stock unlocking issues, with the first lawsuit filed in July 2019 [37][38] - The courts ruled that Kewha Data was not obligated to unlock stocks unless requested by the management team [44][45] - The founding team faced significant legal costs, with outcomes often unfavorable, leading to financial losses [52][70] Performance Compensation Issues - Kewha Data claimed that the target company’s cumulative net profit was 190 million yuan, falling short of the promised 210 million yuan, resulting in a demand for compensation of 53.8 million yuan [53][54] - The founding team argued that management fees and stock incentive costs should not be included in the profit calculations, but the court upheld Kewha Data's position [59][62] Competition and Legal Restrictions - The agreement included non-compete clauses for the core team, but disputes over stock unlocking led to early departures and subsequent legal actions [71] - The court ruled that only one individual violated the non-compete agreement, resulting in minimal compensation awarded to Kewha Data [72] Stock Freezing and Compensation Claims - Kewha Data sought compensation for stock freezing, which was ultimately ruled against by the court, citing that stock price fluctuations are speculative [75] - The founding team later pursued compensation for losses incurred due to the freezing of stocks, but the court dismissed the claims [76] Key Takeaways for Founders - Founders should be cautious about performance guarantees and ensure clarity in contracts regarding stock unlocking and compensation mechanisms [79][84] - Legal disputes can lead to significant financial burdens, emphasizing the importance of professional legal and financial advice during acquisitions [88][90]

Core Viewpoint - The Jiangsu Provincial High People's Court and the Provincial Department of Human Resources and Social Security have jointly released typical cases for handling labor disputes in 2024, focusing on various issues such as non-compete agreements, probation periods, parental leave, medical autonomy, labor subcontracting, resume fraud, injuries to older workers, and collective wage arrears [1] Group 1: Non-Compete Agreements - Non-compete agreements have boundaries, and the right to choose employment is protected. A case involving an employee who was required to pay a penalty for violating a non-compete clause was dismissed as the employee did not have access to trade secrets [2][3] Group 2: Probation Periods - The probation period is not a "vacuum of rights," and workers' rights are protected by law. A case where an employer terminated an employee during the probation period without valid reasons resulted in the employer being ordered to pay compensation for unlawful termination [4][5] Group 3: Parental Leave - The rights of workers to parental leave are emphasized, promoting a humane work environment. A case where an employee was wrongfully terminated for taking parental leave was ruled in favor of the employee, highlighting the legal support for parental leave rights [6][8] Group 4: Medical Autonomy - Employers must respect employees' medical autonomy. A case where an employee was dismissed for not providing a specific type of medical leave certificate was ruled unlawful, as the employer's requirements were deemed excessive [9][10] Group 5: Labor Subcontracting - The distinction between labor subcontracting agreements and actual labor relationships is clarified. A case confirmed that a worker injured while performing tasks under a subcontracting agreement was recognized as having a labor relationship with the company [11][12] Group 6: Resume Fraud - Employees must maintain integrity in job applications. A case involving an employee who falsified their resume led to the court ruling the employment contract invalid, requiring the employee to return part of their salary [13][14] Group 7: Rights of Older Workers - The rights of older workers are protected, and companies must ensure compliance with labor laws regarding their employment. A case confirmed that an older worker injured on the job is entitled to workers' compensation benefits [15][16] Group 8: Collective Wage Arrears - A collaborative approach to resolving collective wage disputes has proven effective. A case where a company owed wages to workers was resolved through a coordinated effort involving the court and local labor dispute resolution centers, resulting in the workers receiving their owed wages [17][19]

E-commerce and New Retail - Alibaba International Station has reached the top of the US App Store shopping chart, reflecting the strong capabilities of Chinese cross-border e-commerce, driven by the "China Factory Revealed" trend on TikTok [1] - Xiaohongshu announced the cancellation of non-compete agreements and the "big-small week" work schedule, aiming to enhance employee relations and attract talent in a competitive internet industry [2] Logistics and Supply Chain - Yunda Co., Ltd. reported a revenue of 48.54 billion yuan and a net profit of 1.91 billion yuan for 2024, with a year-on-year revenue increase of 7.9% and a service volume growth of 26.14% [4] - Zhongtong Express has formed a strategic partnership with New Stone Technology to enhance last-mile delivery and promote digital upgrades in the logistics industry [5][6] - Shentong Express announced a revenue of 47.17 billion yuan and a net profit of 1.04 billion yuan for 2024, with a significant business volume increase of 29.83% [7] - Debon Express reported a revenue of 40.36 billion yuan and a net profit of 0.86 billion yuan for 2024, indicating a focus on express delivery and a competitive edge in the market [8] Life Services - Meituan clarified rumors regarding account bans for using dual apps, emphasizing its commitment to maintaining industry order and protecting its reputation [9] - JD.com announced that its daily order volume for food delivery surpassed 10 million, showcasing rapid growth attributed to promotional strategies [10] - Meituan received the first nationwide low-altitude logistics operation certificate, marking a significant milestone in the development of low-altitude logistics in China [11] Innovation and Investment - Hangzhou Quanzhi Technology completed a multi-million Pre-A round financing, which will be used for core technology development and market expansion in the industrial robotics sector [12]

以下文章来源于伯乐在线 ，作者伯小乐 伯乐在线 . 伯乐在线分享IT互联网职场和精选干货文章（原域名已不再维护）。组织维护10万+star的开源技术资源库，包括：Python, Java, C/C++, Go, JS, CSS, Node.js, PHP, .NET 等 4 月初，中国裁判文书网新公开了一份劳动争议二审民事判决书。 王某作为快手社交客户端中心负责人，因竞业限制纠纷引发近百万的赔偿案。 2023 年 6 月离职后，王某被快手启动 6 个月竞业限制， 补偿金标准为每月 39326.63 元 。协议明确禁止入职字节跳动等竞对公司，但后续调查发现其多次出入字 节关联公司办公场所，引发诉讼争议。 案件关键证据显示，王某在工作日频繁进出带有字节系公司标识的办公区域。 法院采信了快手提交的视频（包含王某从地铁站到字节系办公楼全路径），视频中清晰可见工卡核验广播及公司标识。尽管王某辩称处理私事并提交第三方公司劳 动合同，但未能合理解释与字节系办公场所的关联性。 法院审理认为，王某作为涉密岗位高管，签署的多份协议及《竞业限制义务启动告知函》具有法律效力。其实际行为构成违约， 需返还已收补偿金 19,663.32 ...

Core Viewpoint - Xiaohongshu's decision to cancel the "big and small week" work schedule reflects a broader industry trend towards improving employee work-life balance and addressing the pressures of "involution" in the tech sector [3][4][11]. Group 1: Company Actions - Xiaohongshu will eliminate the "big and small week" work schedule starting May 1, 2023, and will no longer implement cash or stock options for non-compete agreements, aiming to enhance employee satisfaction [3][4]. - The company reported a significant revenue increase, with 2023 revenue reaching $3.7 billion, up 85% from $2 billion in 2022, and a net profit of $500 million, reversing a loss of $200 million the previous year [6][10]. Group 2: Industry Context - The cancellation of the "big and small week" aligns with a trend where major tech companies like Tencent and ByteDance have previously abandoned this model, indicating a shift in corporate culture driven by employee well-being and regulatory pressures [4][5]. - The competitive landscape in the tech industry has led to a high turnover rate, with Xiaohongshu becoming a notable destination for talent from larger firms, reflecting a shift in employee preferences [5][6]. Group 3: Employee Dynamics - The cancellation of the "big and small week" may reduce employee income by 15% to 20%, as the previous model allowed for additional pay during "small weeks" [12]. - The expansion of non-compete agreements in the tech industry has been criticized for limiting employee mobility, with many employees feeling trapped by these agreements [7][10]. Group 4: Cultural Implications - The shift away from the "big and small week" is seen as a response to the "involution" phenomenon, where excessive competition and work hours have led to employee burnout and dissatisfaction [4][11]. - The tech industry's historical reliance on a culture of overwork, exemplified by companies like Huawei, has created a challenging environment for employees, leading to a reevaluation of work practices [18][19].

Core Viewpoint - Xiaohongshu announced the cancellation of cash and stock options for non-compete agreements starting May 1, aiming to foster long-term relationships with employees by only requiring confidentiality and non-solicitation obligations [1][3]. Group 1: Changes in Employment Policies - Xiaohongshu is one of the first internet companies to explicitly cancel non-compete agreements, signaling a shift in employee relations [3]. - The company will allow employees to choose between retaining their stock options or selling them back to the company at the repurchase price upon leaving [3]. - The cancellation of the "big-small week" work schedule will transition to a standard two-day weekend, reducing the average monthly workdays [4][6]. Group 2: Implications of Policy Changes - The "big-small week" schedule typically required employees to work six days one week and five days the next, resulting in two additional workdays per month, often compensated with double pay for the extra days [5][10]. - Employees have expressed mixed feelings about the changes; while some anticipate a decrease in salary due to fewer working days, others believe the reduction in workload will lead to a better work-life balance [7][8]. - The trend of canceling the "big-small week" has been observed in other internet companies, indicating a broader industry shift towards optimizing work processes and improving employee well-being [9][10]. Group 3: Expert Opinions - Experts suggest that the cancellation of the "big-small week" aligns with national policies aimed at optimizing work processes, reducing labor costs, and enhancing overall efficiency [11]. - The move is seen as a way to improve employees' quality of life, which could stimulate consumption and contribute to societal development, although it may increase labor costs for companies [11].

也就是说，竞业限制条款对劳动者是否有效，还要看其在用人单位的职务或岗位，是否足以使他们知悉 用人单位的商业秘密和与知识产权相关的保密事项。 典型案例明确，各级裁审机构应当对竞业限制条款进行实质性审查，既要保护用人单位的商业秘密等合 法权益，又要防止因不适当扩大竞业限制范围而妨碍劳动者的择业自由，最大限度地实现竞业限制制度 的设立初衷。（经济日报记者李万祥） （文章来源：中国经济网） 合同到期后，李某未续签，而是入职另一家保安公司。某保安公司认为李某去其他保安公司担任保安违 反竞业限制约定。李某则认为自己作为保安，不了解也不掌握公司的商业秘密，自己不是履行竞业限制 义务的适格主体。某保安公司向仲裁委员会申请仲裁，请求裁决李某支付竞业限制违约金。最后，仲裁 委员会裁决，驳回某保安公司的仲裁请求。 根据劳动合同法规定，用人单位与"高级管理人员、高级技术人员"以外的其他劳动者约定竞业限制条 款，应当以该劳动者负有保密义务为前提。 竞业限制条款对保安是否有效？4月16日，人力资源社会保障部、最高人民法院联合发布第四批劳动人 事争议典型案例。其中一案例明确，主体不适格的竞业限制协议不具有约束力，提醒防止滥用竞业限制 条款 ...

Core Viewpoint - The article emphasizes the importance of legal preparation and governance for early-stage entrepreneurs, highlighting the need for a solid understanding of legal frameworks to avoid potential pitfalls in business development [1][2][3]. Summary by Sections Legal Preparation - Early-stage entrepreneurs must understand the legal preparations necessary for starting a business, including issues related to non-compete agreements and intellectual property rights [3][4]. Company Structure - The article discusses the importance of selecting an appropriate company structure, detailing the advantages and disadvantages of various structures and how they relate to future financing and listing needs [3][4]. Equity Distribution - It outlines the principles of equity distribution among founding teams, emphasizing the need for a healthy equity split to foster a supportive entrepreneurial environment [4]. Governance Structure - The governance structure is crucial for decision-making efficiency, with insights drawn from recent corporate governance challenges faced by companies like OpenAI [4]. Employee Incentives - The article addresses the significance of employee equity incentives, providing a framework for founders to establish effective incentive plans that align with company goals [4]. Upcoming Course Information - The YUE 06 program is set to begin soon, focusing on various modules including AI, recruitment, product development, commercialization, and financing, aimed at equipping early-stage entrepreneurs with essential skills and knowledge [5][6][8].