Post by sumiseo558899 on Nov 9, 2024 21:35:07 GMT -8
Many employers have encountered cases when an employee bypasses the middleman in receiving money (the company where he works) and offers the client to pay into his own pocket. The manager's relationship with the client is so close that the latter associates the service exclusively with this person.
Why does this happen?
The company's check is too high, and the level of trust allows the manager to offer the client more favorable working conditions.
Personal benefit of the manager. For example, he decided to open his own business and needs clients. The project is familiar to him, and contact with the decision-maker has already taken place.
The manager went to his competitors and they are forcing him to share his contacts.
So, let's list the mechanisms that can prevent a client from being taken away from a company.
Drawing up a regulation on commercial secrets
Employees usually approach their relationships content writing service
with the law more seriously than their human relationships, and are less inclined to spoil them. A provision on commercial secrets will help protect yourself from a legal point of view.
According to Article 3 of Federal Law No. 98-FZ “On Commercial Secrets,” disclosure of a commercial secret is understood to be an action or inaction as a result of which information constituting a commercial secret becomes known in any possible form to third parties without the consent of the owner of such information or contrary to an employment or civil law contract.
A commercial secret requires special registration at the level of local acts. If a decision to classify certain information as confidential has not been made, then the commercial secret regime does not arise and no liability arises.
As a rule, three documents must be accepted:
on the list of information constituting a commercial secret;
on the procedure for familiarizing oneself with this information;
about the circle of persons who have the right to become familiar with the said information.
It is necessary to draw up documents and familiarize employees with them by signature. Employees must understand that they may be held accountable for luring clients - both financially and criminally.
If you are suspected of violating the provisions on commercial secrets, the worst case scenario would be imputation under Article 183 of the Criminal Code of the Russian Federation "Illegal receipt and disclosure of information constituting a commercial, tax or banking secret." The penalty is up to five years of imprisonment. Rarely will an employee want to subject themselves to criminal prosecution if they know what they face for illegal actions.
An example from judicial practice.
Appellate ruling of the Moscow City Court dated 15.08.2013 in case No. 10-7264/2013:
The person convicted under Article 183 of the Criminal Code of the Russian Federation had access to the electronic mailbox of his former manager in violation of the company's established rules for the use of information resources and the regime of commercial secrecy, and over a long period of time illegally and purposefully collected and transmitted information about prices and contract terms to representatives of foreign companies <…>, which gave the foreign company a competitive advantage in sales markets and led to losses, a decrease in the clientele of the CJSC, a loss of markets for the sale of products and a weakening of food security.
As a result, a sentence of 1 year and 9 months of correctional labor was imposed with a monthly deduction of 15% from earnings for the benefit of the state.
Formalizing the client base as an intangible asset
To protect your regular customer base, you can register them as an intangible asset of the company. An intangible asset (IA) is an identifiable non-monetary asset that does not have a physical form.
An asset is recognized as such when it:
separable, that is, it can be separated from the company and sold, transferred, licensed, leased or exchanged, either separately or together with the underlying contract, asset or liability;
arises as a result of contractual or other legal rights, regardless of whether those rights are transferable or separable from the undertaking or from other rights and obligations;
there is a high probability that the company will receive economic benefits from the use of the asset in the future;
the value of the asset can be measured reliably.
At the same time, independently created lists of clients may not be recognized as intangible assets; separately acquired or purchased lists of clients may be recognized as such.
In this case, in the case of copying a client base registered as intangible assets, these actions will be regarded as theft and qualified under Article 158 of the Criminal Code of the Russian Federation. And if you try, you can also impute Article 165 of the Criminal Code of the Russian Federation "Causing property damage by deception or abuse of trust." Liability under these articles varies from 800,000 rubles to five years of imprisonment.
However, it is extremely difficult to prove the fact of theft and use of the client base for selfish purposes. To do this, you need to prove actual material damage.
Limiting personal contacts
To completely overcome the habit of communicating on personal phones, you will have to reconsider the mode of communication with the client. It is better to issue corporate phones, which the manager will have to communicate on. It is easier to install the call recording function on them, and you will always be up to date.
Mandatory use of corporate mail will allow you to control correspondence. We have included a clause in the contracts on mandatory notification of us in the event of a change in the receiving mail. The address for e-mail correspondence is fixed at the contract level, because primary accounting documentation is sent to it. This gives us confidence that the documents will not go to an unknown place.
It helps a lot to endorse the mail or to copy the letter from a person who is clearly loyal to the company: the relationship between the customer and the client immediately becomes less intimate. But this is not a panacea either.
Increasing customer loyalty to the company, not to the personal manager
Involve different specialists in communication with the client at different stages. Hold Skype conferences. Organize events with the participation of clients. Become a partner in their business, and not just a performer solving problems every second. Let the client see that they are working not with a person, but with a company.
Loyal customers can become assistants in exercising control. Sometimes they are the ones who inform the management that they have been given a "good deal".
It may also make sense to pursue a policy of "pulling" the customer into the process. For example, discounts on repeated work or services, additional bonuses, etc. This is precisely why pharmacies have a "spend more - get a bigger discount" system.
In my practice, there was a case when one of the current managers lured clients to another company. Later, he was fired for this, but he did not stop trying.
Everything was revealed thanks to a loyal customer who reported that he was being poached by a former employee. Due to the fact that an agreement and a provision on commercial secrets were signed, he was brought to justice.
This incident showed that the company was determined to protect its resources. It never happened again.
Control over leaving or dismissal
If a manager leaves the company, the client must be notified.
How it usually happens: the former manager calls the client and explains that he is leaving and a new employee will be "leading" him. This should be their last conversation. The new employee calls back soon and explains the reason for the change of manager. Further communication is carried out by the new manager.
For example, we ask our clients to notify us about a change of contact person and even have this obligation fixed in the contract. This way, clients are at ease, and we know that we are resolving the issue with an authorized representative, and not with a long-dismissed or offended employee.
Project management
Budget-forming customers must be led by the company's management - or a person trusted by the manager.
No one is as interested in a business as its founders. Therefore, in order not to be left with nothing, it is better to play the role of a "playing coach".
Establishing the company's infrastructure and material motivation
My opinion is this: no employee would want to ruin their relationship with their employer if they are well paid and their skills are developed. Of course, a person can reach their ceiling and go to develop in another company or open their own. It is much easier to part ways with good relations than with a person who is dissatisfied with their salary and working conditions.
There is no need to spoon-feed employees and wipe away their snot - it is enough to become an authority, behave honestly and fairly, and create comfortable working conditions.
Registration of employment contracts with employees
This is another reminder that you can't go far on your word of honor.
According to the Labor Code, labor relations are relations based on an agreement between an employee and an employer. A person becomes an employee from the moment an employment contract is concluded with him. After that, he receives a special status, allowing him to have certain rights and bear specific obligations that do not arise in ordinary life.
If the employee is not registered, then he has no obligation to comply with labor laws, and there will be nothing to support his position with.
Make sure that all your employees are registered, or be prepared for risks. Concluding civil contracts that actually regulate labor relations between an employee and an employer is not allowed. Such relations will still be recognized as labor relations.
Example.
The court established that the employees with whom the Company concluded civil law contracts, actually registered for a specific position, with an indication of a specific labor function and qualifications, perform work of a certain type, and not one-time tasks. These employees are subject to the internal labor regulations, payment for work performed is made monthly. All employees are assigned personnel numbers.
Based on the above, the courts came to the conclusion that the civil contracts concluded by the Company with individuals have the characteristics of fixed-term employment contracts and that labor relations have actually been established between these individuals and the Company.
Why does this happen?
The company's check is too high, and the level of trust allows the manager to offer the client more favorable working conditions.
Personal benefit of the manager. For example, he decided to open his own business and needs clients. The project is familiar to him, and contact with the decision-maker has already taken place.
The manager went to his competitors and they are forcing him to share his contacts.
So, let's list the mechanisms that can prevent a client from being taken away from a company.
Drawing up a regulation on commercial secrets
Employees usually approach their relationships content writing service
with the law more seriously than their human relationships, and are less inclined to spoil them. A provision on commercial secrets will help protect yourself from a legal point of view.
According to Article 3 of Federal Law No. 98-FZ “On Commercial Secrets,” disclosure of a commercial secret is understood to be an action or inaction as a result of which information constituting a commercial secret becomes known in any possible form to third parties without the consent of the owner of such information or contrary to an employment or civil law contract.
A commercial secret requires special registration at the level of local acts. If a decision to classify certain information as confidential has not been made, then the commercial secret regime does not arise and no liability arises.
As a rule, three documents must be accepted:
on the list of information constituting a commercial secret;
on the procedure for familiarizing oneself with this information;
about the circle of persons who have the right to become familiar with the said information.
It is necessary to draw up documents and familiarize employees with them by signature. Employees must understand that they may be held accountable for luring clients - both financially and criminally.
If you are suspected of violating the provisions on commercial secrets, the worst case scenario would be imputation under Article 183 of the Criminal Code of the Russian Federation "Illegal receipt and disclosure of information constituting a commercial, tax or banking secret." The penalty is up to five years of imprisonment. Rarely will an employee want to subject themselves to criminal prosecution if they know what they face for illegal actions.
An example from judicial practice.
Appellate ruling of the Moscow City Court dated 15.08.2013 in case No. 10-7264/2013:
The person convicted under Article 183 of the Criminal Code of the Russian Federation had access to the electronic mailbox of his former manager in violation of the company's established rules for the use of information resources and the regime of commercial secrecy, and over a long period of time illegally and purposefully collected and transmitted information about prices and contract terms to representatives of foreign companies <…>, which gave the foreign company a competitive advantage in sales markets and led to losses, a decrease in the clientele of the CJSC, a loss of markets for the sale of products and a weakening of food security.
As a result, a sentence of 1 year and 9 months of correctional labor was imposed with a monthly deduction of 15% from earnings for the benefit of the state.
Formalizing the client base as an intangible asset
To protect your regular customer base, you can register them as an intangible asset of the company. An intangible asset (IA) is an identifiable non-monetary asset that does not have a physical form.
An asset is recognized as such when it:
separable, that is, it can be separated from the company and sold, transferred, licensed, leased or exchanged, either separately or together with the underlying contract, asset or liability;
arises as a result of contractual or other legal rights, regardless of whether those rights are transferable or separable from the undertaking or from other rights and obligations;
there is a high probability that the company will receive economic benefits from the use of the asset in the future;
the value of the asset can be measured reliably.
At the same time, independently created lists of clients may not be recognized as intangible assets; separately acquired or purchased lists of clients may be recognized as such.
In this case, in the case of copying a client base registered as intangible assets, these actions will be regarded as theft and qualified under Article 158 of the Criminal Code of the Russian Federation. And if you try, you can also impute Article 165 of the Criminal Code of the Russian Federation "Causing property damage by deception or abuse of trust." Liability under these articles varies from 800,000 rubles to five years of imprisonment.
However, it is extremely difficult to prove the fact of theft and use of the client base for selfish purposes. To do this, you need to prove actual material damage.
Limiting personal contacts
To completely overcome the habit of communicating on personal phones, you will have to reconsider the mode of communication with the client. It is better to issue corporate phones, which the manager will have to communicate on. It is easier to install the call recording function on them, and you will always be up to date.
Mandatory use of corporate mail will allow you to control correspondence. We have included a clause in the contracts on mandatory notification of us in the event of a change in the receiving mail. The address for e-mail correspondence is fixed at the contract level, because primary accounting documentation is sent to it. This gives us confidence that the documents will not go to an unknown place.
It helps a lot to endorse the mail or to copy the letter from a person who is clearly loyal to the company: the relationship between the customer and the client immediately becomes less intimate. But this is not a panacea either.
Increasing customer loyalty to the company, not to the personal manager
Involve different specialists in communication with the client at different stages. Hold Skype conferences. Organize events with the participation of clients. Become a partner in their business, and not just a performer solving problems every second. Let the client see that they are working not with a person, but with a company.
Loyal customers can become assistants in exercising control. Sometimes they are the ones who inform the management that they have been given a "good deal".
It may also make sense to pursue a policy of "pulling" the customer into the process. For example, discounts on repeated work or services, additional bonuses, etc. This is precisely why pharmacies have a "spend more - get a bigger discount" system.
In my practice, there was a case when one of the current managers lured clients to another company. Later, he was fired for this, but he did not stop trying.
Everything was revealed thanks to a loyal customer who reported that he was being poached by a former employee. Due to the fact that an agreement and a provision on commercial secrets were signed, he was brought to justice.
This incident showed that the company was determined to protect its resources. It never happened again.
Control over leaving or dismissal
If a manager leaves the company, the client must be notified.
How it usually happens: the former manager calls the client and explains that he is leaving and a new employee will be "leading" him. This should be their last conversation. The new employee calls back soon and explains the reason for the change of manager. Further communication is carried out by the new manager.
For example, we ask our clients to notify us about a change of contact person and even have this obligation fixed in the contract. This way, clients are at ease, and we know that we are resolving the issue with an authorized representative, and not with a long-dismissed or offended employee.
Project management
Budget-forming customers must be led by the company's management - or a person trusted by the manager.
No one is as interested in a business as its founders. Therefore, in order not to be left with nothing, it is better to play the role of a "playing coach".
Establishing the company's infrastructure and material motivation
My opinion is this: no employee would want to ruin their relationship with their employer if they are well paid and their skills are developed. Of course, a person can reach their ceiling and go to develop in another company or open their own. It is much easier to part ways with good relations than with a person who is dissatisfied with their salary and working conditions.
There is no need to spoon-feed employees and wipe away their snot - it is enough to become an authority, behave honestly and fairly, and create comfortable working conditions.
Registration of employment contracts with employees
This is another reminder that you can't go far on your word of honor.
According to the Labor Code, labor relations are relations based on an agreement between an employee and an employer. A person becomes an employee from the moment an employment contract is concluded with him. After that, he receives a special status, allowing him to have certain rights and bear specific obligations that do not arise in ordinary life.
If the employee is not registered, then he has no obligation to comply with labor laws, and there will be nothing to support his position with.
Make sure that all your employees are registered, or be prepared for risks. Concluding civil contracts that actually regulate labor relations between an employee and an employer is not allowed. Such relations will still be recognized as labor relations.
Example.
The court established that the employees with whom the Company concluded civil law contracts, actually registered for a specific position, with an indication of a specific labor function and qualifications, perform work of a certain type, and not one-time tasks. These employees are subject to the internal labor regulations, payment for work performed is made monthly. All employees are assigned personnel numbers.
Based on the above, the courts came to the conclusion that the civil contracts concluded by the Company with individuals have the characteristics of fixed-term employment contracts and that labor relations have actually been established between these individuals and the Company.