Business contractual contract dispute
The name of the party, the gender, the national occupation, the address of the work unit, the plaintiff, the ××× male, the 38-year-old Han manager, the West Dazhi Street, the XX store defendant, the XX persimmon, the legal representative: Liu Bin, the manager, the request:
1. Fulfilling the business contract
2. Compensation for economic losses caused by default.
Second, the facts and evidence:
In January 1987, the two parties negotiated and agreed to sign a business contract, the contractor was XX × 柿 × company legal representative Liu manager; the contractor was the company employee 靳 × ×; the contract period was from January 1987 to 1990 January. According to the provisions of Article 6 of the contract, the business autonomy: including business management rights, financial management rights, labor wage bonus distribution rights, etc. Since the contract came into effect, the monthly and monthly profits have been made, and all employees have benefited from the past in terms of bonuses.
However, in October of this year, the Employer reported that the contractor had economic and policy violations in the store, and listed four crimes and made a one-sided decision. They tore up the contract and dismissed my contractor. . In this regard,
I appealed to the competent company of the higher level and failed to solve the problem reasonably.
First of all, I will explain the actual situation of the so-called four economic problems and policy violations made by the Employer.
For the court to verify the reference, in order to make a fair referee.
The first problem dealt by the contractor is: "I use cash to change the transfer check in the store to buy the raw materials for the self-employed, causing a tax loss of 2,601.05 yuan to the country";
The actual situation of this problem is: in the second contracting scope of our contractual contract, the company provides working capital of RMB 10,000. With this meager fund, it is impossible to carry out the contracting situation of turning losses into profits. Moreover, the inventory goods can only become liquidity after being sold. If the value of the goods is subtracted, the funds are less. Therefore, based on personal contacts, I borrowed 70,000 yuan from the individual knitwear, Lu X, and paid off all two months later. I borrowed cash to deposit into the bank, and there was a basis for the bill, but it was impossible to repay the debt of 70,000 yuan from the bank. Therefore, I can only use the check to pay the debt. What is wrong with this? I borrowed money by cheque because of public loans. What harm does this have on taxes? If there is a tax problem, why has the tax authorities not been investigated? Therefore, the Employer said that I exchanged cash in cash. This is an injustice that is cheap and horrible. I cannot accept it.
The second question is: "The sales of consignment goods are not in the warehouse, the accounts are not sold, the goods are sold and the ticket is sold. The difference in the sales is not recorded, and it is spent at will, which violates the national financial management system and affects the contractors, shops, and The interests of the company."
This issue is historical. Actually, the person in charge of this agency business is Wang X, the deputy manager who took charge of this work. This person is the former deputy manager. After I contracted, my original position remained unchanged. The difference in the sales of consignment sales in the so-called "small vault" is controlled by Wang Xx, not without accounting, nor is it arbitrary. The income and expenditure of this kind of "small treasury" is directly linked to employee benefits. It is from my predecessor to me that I have been supervised by this deputy manager Wang Xx. But before he reported me, I asked him how much he saved? He said four or five hundred yuan. When he reported me, he said that he gave me the money. Ask him for an account and say that it burned. From this point of view, this disgraceful "small treasury" is not started from me, not even by me.
This is the fault of the glass king XX is the person responsible for the management, please check the court.
The third question is that I have misrepresented attendance and set aside wages. There is absolutely no such thing. There are attendance forms to check, and more attendance staff Xue X × can prove that this problem is imposed on me.
The fourth question, saying that I use people improperly, creates confusion for the store staff. This issue is the main key. After self-contracting, the economy was invigorated, the income and expenditure were surplus, and the staff's funds increased. The people headed by Wang X× both envy and envy, which led to the exclusion of me. In the year of this contract, three of the four people who reported and prosecuted me were transferred to work because of mistakes. 1 Liu × × is a cashier, after the contracting problem, I was replaced, I have reported to the company, the problem is transferred to the salesperson: 2阎×× is the salesperson, I was transferred to the cashier due to the problem :3 Liu X is a cashier. She is the sister of the contractor Liu X. I am also prepared to change jobs because of the accident. I talked to them about the three people and the deputy manager of the previous session, Wang X, who came together and went to the company. Reporting me, causing this incident to tear up the contract midway.
In this regard, I believe that the contractor and the superior company have not conducted in-depth investigation and research, and it is wrong to make a subjective decision.
At present, in the reform of urban enterprises, many enterprises establish various forms of economic responsibility system and conclude production and operation contracting contracts, which is a new thing in economic system reform. It has many similarities with the economic contract. Therefore, the "Economic Contract Law" should be the main basis for adjusting such economic relations and resolving contractual contract disputes. To this end, it is desirable to ask the court to give fair treatment in accordance with the breach of contract provisions of the Economic Contract Law.
Sincerely, the promulgation unit: State Administration for Industry and Commerce issued date: 1990
1. Fulfilling the business contract
2. Compensation for economic losses caused by default.
Second, the facts and evidence:
In January 1987, the two parties negotiated and agreed to sign a business contract, the contractor was XX × 柿 × company legal representative Liu manager; the contractor was the company employee 靳 × ×; the contract period was from January 1987 to 1990 January. According to the provisions of Article 6 of the contract, the business autonomy: including business management rights, financial management rights, labor wage bonus distribution rights, etc. Since the contract came into effect, the monthly and monthly profits have been made, and all employees have benefited from the past in terms of bonuses.
However, in October of this year, the Employer reported that the contractor had economic and policy violations in the store, and listed four crimes and made a one-sided decision. They tore up the contract and dismissed my contractor. . In this regard,
I appealed to the competent company of the higher level and failed to solve the problem reasonably.
First of all, I will explain the actual situation of the so-called four economic problems and policy violations made by the Employer.
For the court to verify the reference, in order to make a fair referee.
The first problem dealt by the contractor is: "I use cash to change the transfer check in the store to buy the raw materials for the self-employed, causing a tax loss of 2,601.05 yuan to the country";
The actual situation of this problem is: in the second contracting scope of our contractual contract, the company provides working capital of RMB 10,000. With this meager fund, it is impossible to carry out the contracting situation of turning losses into profits. Moreover, the inventory goods can only become liquidity after being sold. If the value of the goods is subtracted, the funds are less. Therefore, based on personal contacts, I borrowed 70,000 yuan from the individual knitwear, Lu X, and paid off all two months later. I borrowed cash to deposit into the bank, and there was a basis for the bill, but it was impossible to repay the debt of 70,000 yuan from the bank. Therefore, I can only use the check to pay the debt. What is wrong with this? I borrowed money by cheque because of public loans. What harm does this have on taxes? If there is a tax problem, why has the tax authorities not been investigated? Therefore, the Employer said that I exchanged cash in cash. This is an injustice that is cheap and horrible. I cannot accept it.
The second question is: "The sales of consignment goods are not in the warehouse, the accounts are not sold, the goods are sold and the ticket is sold. The difference in the sales is not recorded, and it is spent at will, which violates the national financial management system and affects the contractors, shops, and The interests of the company."
This issue is historical. Actually, the person in charge of this agency business is Wang X, the deputy manager who took charge of this work. This person is the former deputy manager. After I contracted, my original position remained unchanged. The difference in the sales of consignment sales in the so-called "small vault" is controlled by Wang Xx, not without accounting, nor is it arbitrary. The income and expenditure of this kind of "small treasury" is directly linked to employee benefits. It is from my predecessor to me that I have been supervised by this deputy manager Wang Xx. But before he reported me, I asked him how much he saved? He said four or five hundred yuan. When he reported me, he said that he gave me the money. Ask him for an account and say that it burned. From this point of view, this disgraceful "small treasury" is not started from me, not even by me.
This is the fault of the glass king XX is the person responsible for the management, please check the court.
The third question is that I have misrepresented attendance and set aside wages. There is absolutely no such thing. There are attendance forms to check, and more attendance staff Xue X × can prove that this problem is imposed on me.
The fourth question, saying that I use people improperly, creates confusion for the store staff. This issue is the main key. After self-contracting, the economy was invigorated, the income and expenditure were surplus, and the staff's funds increased. The people headed by Wang X× both envy and envy, which led to the exclusion of me. In the year of this contract, three of the four people who reported and prosecuted me were transferred to work because of mistakes. 1 Liu × × is a cashier, after the contracting problem, I was replaced, I have reported to the company, the problem is transferred to the salesperson: 2阎×× is the salesperson, I was transferred to the cashier due to the problem :3 Liu X is a cashier. She is the sister of the contractor Liu X. I am also prepared to change jobs because of the accident. I talked to them about the three people and the deputy manager of the previous session, Wang X, who came together and went to the company. Reporting me, causing this incident to tear up the contract midway.
In this regard, I believe that the contractor and the superior company have not conducted in-depth investigation and research, and it is wrong to make a subjective decision.
At present, in the reform of urban enterprises, many enterprises establish various forms of economic responsibility system and conclude production and operation contracting contracts, which is a new thing in economic system reform. It has many similarities with the economic contract. Therefore, the "Economic Contract Law" should be the main basis for adjusting such economic relations and resolving contractual contract disputes. To this end, it is desirable to ask the court to give fair treatment in accordance with the breach of contract provisions of the Economic Contract Law.
Sincerely, the promulgation unit: State Administration for Industry and Commerce issued date: 1990
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