Recently, the urban women's growth drama "Today's Them", which focuses on "her perspective", is on the air. The play takes the survival of a Sichuan restaurant "Sichuan Bailou" as the starting point, and tells the story of three women with different personalities, Lu Zhenzhen, Liang Qingran, and Gu Manting, who work hard in the workplace, taste life in food, and complete the story of self-growth and transformation.
In addition to showing women's workplace bottlenecks and marital difficulties, difficulties and choices in employment directions, and other practical issues, the play also hides a lot of legal knowledge points. In this issue, we will watch the drama with the eyes of the law, and take you to see a different "Today's Them".
01
Can a VAM be signed?
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Celebrity chef Gu Dapeng's restaurant, Chuanbai Building, is a well-known time-honored brand in Chengdu, but now it has a debt problem. In order to pass on the Chuanbai Building, Gu Dapeng signed a VAM agreement with the outstanding investor Liang Qingran, and the two agreed that the flow of the Chuanbai Building within 6 months must reach a specific financial target, otherwise Liang Qingran will take the Chuanbai Building.
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In practice, the so-called "VAM", also known as the valuation adjustment agreement, refers to an agreement designed to resolve the uncertainty of the future development of the target company, information asymmetry and agency costs between the two parties when the investor and the financier enter into an equity financing agreement, including equity repurchase and monetary compensation to adjust the valuation of the target company in the future.
For Gu Dapeng, the financier, the advantage of signing a VAM agreement is that it is relatively easy to obtain a large amount of funds to solve the urgent needs of Chuanbailou, so as to achieve the purpose of low-cost financing and rapid expansion, and 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 target agreed by both parties, Gu Dapeng will have to compensate Liang Qingran by ceding a large amount of equity or even directly handing over Chuanbailou as agreed in the play, and his losses will be huge. For Liang Qingran, the investor, the advantage of signing a VAM is to reduce the investment risk as much as possible, and even if Chuanbailou cannot reach the agreed profit level within six months, it can still receive corresponding compensation, but in practice, it may also face the legal risk of invalid agreement and failure to actually perform the agreement.
Therefore, when it is necessary to enter into a VAM for investment and financing considerations, it is necessary to pay attention to reasonably setting the evaluation criteria of the VAM, objectively assessing the growth capacity and profitability of the enterprise, comprehensively identifying legal risks, and carefully designing and negotiating the terms of the agreement to minimize risks and losses.
02
How to protect your rights when you encounter sexual harassment in the workplace?
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When Lu Zhenzhen was ordering food for a guest, he was touched by the guest and hugged his waist, but the manager told Lu Zhenzhen that he could not offend the guest, and the guest was God.
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Article 1010 of the Civil Code stipulates that if a person sexually harasses another person against his or her will by means of words, words, images, physical behavior, etc., the victim has the right to request the perpetrator to bear civil liability in accordance with the law. In the play, the guests touched Lu Zhenzhen's hands and waists against his will, which has constituted sexual harassment, and the above behavior not only violates Lu Zhenzhen's personality rights, but also may violate the criminal law and constitute the crime of insult.
When encountering sexual harassment in the workplace, the victim must bravely stand up, clearly refuse, and say "no" loudly, and at the same time pay attention to collecting and retaining evidence materials, including WeChat, text messages, call records, surveillance videos, photos, witness testimony, unit certificates, mediation records, hospital diagnosis and treatment records, and so forth, and choose to make a complaint within the unit, to the trade union or women's federation, to report the case to the public security organs, and to file a lawsuit in the people's court, to protect their own lawful rights and interests in accordance with law.
03
Does a prenuptial "dink agreement" work?
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The mother-in-law arranged a series of plans for Gu Manting to have children, and Gu Manting was upset and depressed, so she asked her husband Xu Hao why she mentioned the idea of having children. Four years ago, Gu Manting miscarried a child, and at that time, in order to comfort the sad Gu Manting, Xu Hao promised her not to have children in the future, and the two sides signed a Dink agreement, but now four years have passed, and Xu Hao's mind has changed.
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A prenuptial agreement refers to a legally binding written agreement signed by a man and a woman who are about to get married for the purpose of marriage and takes effect after marriage. Article 1065 of the Civil Code stipulates that the husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
According to Articles 143 and 1065 of the Civil Code, the following conditions are required for a prenuptial agreement to be valid: 1. the actor has the corresponding capacity for civil conduct, 2. the intention of both parties is genuine, 3. it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, 4. the marriage relationship between the parties is legal and valid, and 5. it is in written form. The Law on the Protection of Rights and Interests of Women stipulates that women have the freedom to have children or not to have children.
04
How to protect your own rights and interests if the store is maliciously reviewed?
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After Chuanbailou was acquired, Lu Zhenzhen, Chen Dong (Gu Dapeng's apprentice), and Gu Manting opened a new restaurant opposite Chuanbailou in order to continue Gu Dapeng's cooking skills. However, as soon as the new restaurant opened, it was met with malicious bad reviews from competitors, and many live bloggers came uninvited and said that the restaurant was only worth one star, causing the restaurant's rating to plummet.
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Whether it is a takeaway platform, an online shopping platform or a live streaming platform, the original intention of launching the consumer evaluation mechanism is to allow other consumers to have an objective reference when consuming, and on the other hand, to urge merchants to provide better services. However, the "right" of evaluation should not be abused, especially should not be used to seek illegal benefits or vicious competition, and the legitimate rights and interests of merchants should also be protected.
Article 11 of the Anti-Unfair Competition Law stipulates that business operators shall not fabricate or disseminate false or misleading information to damage the business reputation and product reputation of competitors. Article 1024 of the Civil Code stipulates that the right to reputation of civil subjects shall be protected by law. If a competitor maliciously gives a bad review, it first infringes on the restaurant's right to reputation and shall bear tort liability, and if the circumstances are heinous, it may also constitute the crime of sabotaging production and operation as stipulated in Article 276 of the Criminal Law, and shall bear criminal liability in accordance with the law. At the same time, live streaming and scoring platforms that are network service providers shall, in accordance with article 1195 of the Civil Code, take necessary measures such as deleting, blocking, or disconnecting links to reduce victims' losses after receiving notices from rights holders, otherwise they shall be jointly and severally liable with the infringing network users for the increased damages.
Contributed by: Shunyi Court
Editor: Song Yu Guo Jin
Review: Zhang Lei