AA :: Volume #1

#35: Fathers and sons double reed


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Perhaps this contract I cannot sign.” Zhang Guan very serious saying. “这份合同我恐怕不能签。”张冠很郑重的说道。 Manager king and Attorney vermilion looked at each other one mutually, two people seem very tranquil, takes up that moment of contract from Zhang Guan, they have observed Zhang Guan, when Zhang Guan raises to reward that page starts carefully to look, they from Zhang Guan expression had read out the answer. The level that the person who can achieve the business manager watches a person's every mood is naturally wise, but experienced attorney not to mention. 王经理和朱律师互相对视了一眼,两人都显得很平静,从张冠拿起合同的那一刻,他们就一直观察张冠,当张冠掀到报酬那一页才开始仔细看时,他们已经从张冠的表情里读出了答案。能做到业务经理的人察言观色的水平自然非常高明,而经验丰富的律师就更不用说。 What is opposite with it is Director Sun, the unusual surprise of performance, he felt Zhang Guan not only should sign immediately, should display to be grateful is right, his tone aggravated several points, asked sternly: Why don't you sign?” 与之相反的是孙主任,表现的非常诧异,他觉得张冠不但应该马上签了,更应该表现出感恩戴德才对,他语气加重了几分,厉声问道:“你为什么不签?” Zhang Guan both hands one, says: First, I thought that money were too few.” 张冠双手一摊,开口说道:“首先,我觉得钱太少了。” Dislikes money less/small?” Director Sun without thinking of Zhang Guan with such direct excuse, he gawked slightly staring, this price is association and Nike decides, but association absolutely would have no to consider Zhang Guan own demand. Director Sun says: Every year 300,000, five years may be 1.5 million, you know that many people make less than so much money for a lifetime.” “嫌钱少?”孙主任没想到张冠用这么直接的借口,他微微愣了愣,这价格是协会方面和奈克定的,而协会方面根本就没有考虑张冠自己的诉求。孙主任开口说道:“每年三十万,五年可就是一百五十万,你知道多少人一辈子都赚不到这么多钱。” I feel 300,000 unable to manifest my value, I later can also run is quicker.” Zhang Guan says. “我只是觉得三十万体现不出我的价值,我以后还会跑的更快。”张冠开口说道。 At this time, nearby Manager king opens the mouth saying: Every year 300,000 are our company after the strict cost estimate, is absolutely fair. Liu Feiren of 110-meter hurdles project similarly is the holder of Asian record, we give is also the every year 300,000 endorsements.” 此时,旁边的王经理开口道:“每年三十万是我们公司经过严格的成本估算的,绝对合情合理。110米栏项目的刘飞人同样是亚洲纪录的保持者,我们给出的也是每年三十万的代言费。” „The price that Liu Feiren value also 300,000, your Nike Corporation gives incessantly in this year was also low.” Zhang Guan was saying turns the head to look to Director Sun, said: I feel Liu Feiren after next year Olympic Games, if can win the championship, the least value 3 million endorsements, the center helps 300,000 that he signs now, but owed much.” “刘飞人的价值也不止这一年三十万,你们奈克公司给的价格同样低了。”张冠说着转头望向孙主任,开口说:“我觉得刘飞人在明年奥运会后要是能夺冠,最少值三百万代言费,现在中心帮他签的三十万,可是亏了不少。” At this time Athletics Federation gave Liu Feiren duty is to crash in Olympic Games plays in the finals, the medal had not considered, let alone gold medal, what Athletics Federation did not know, picked the economic man in company to start out 1 : 5 Olympic winning odds in the abundance of Europe to Liu Feiren, was next to American veteran Alan Johnson, was the Olympic 110-meter hurdles project wins the championship second largest popular. Nike Corporation through own way, grasped Europe to pick the company decided but not yet announced odds abundantly, knows that every year 300,000 signed Liu Feiren is the business that the ratio gained greatly, but Athletics Federation evidently has not had these information, but also thought that was gained Nike Corporation one. 这时候田协给予刘飞人的任务是冲进奥运决赛,就连奖牌也没有考虑,更别说金牌了,但田协不知道的是,在欧洲的博采公司的经济人给刘飞人开出了一比五的奥运夺冠赔率,仅次于美国老将阿兰-约翰逊,是奥运110米栏项目夺冠的第二大热门。奈克公司通过自己的途径,掌握到了欧洲博采公司内定的赔率,也知道每年三十万签刘飞人是比大赚的买卖,但田协方面显然没有掌握到这些信息,还觉得是自己赚了奈克公司一笔。 Where Olympic Games win the championship is so easy!” Director Sun on mouth, although said that satisfying actually starts to calculate secretly, if Liu Feiren really can win the championship, 3 million endorsements are definitely insufficient, are least 4 million, Nike Corporation gives were too indeed few. “奥运夺冠哪有那么容易!”孙主任嘴上虽然这么说,可心中却开始偷偷盘算,要是刘飞人真能夺冠,三百万的代言费肯定不够,最少得四百万起,这么算起来奈克公司给的的确太少了。 The greed of person is always infinite, therefore the sales volume of lottery ticket will be getting better and better, although Director Sun thought that Liu Feiren is impossible to have the strength to win the championship at Olympic Games, but does not affect the fantasize in his mind. 人的贪欲总是无限的,所以彩票的销量才会越来越好,孙主任虽然觉得刘飞人不可能有实力在奥运夺冠,但并不影响他脑海中的意淫。 Detected that Director Sun short difference, nearby Manager king coughs, immediately shifts the topic, says: Actually your is only a preliminary contract, we can also add on other provisions, for example you, if can win hundred meters champion of next Doha Asian Games, we can give your extra cash prize ; If five years later capital Olympic Games you can guarantee to enter the stage, our company can also give you cash prize ; These supplemental conditions, but can also decide again. Please believe, our Nike Corporation to you are very sincere.” 发觉到孙主任短暂的异样,旁边的王经理干咳一声,马上转移话题,开口说道:“其实你这只是一份初步的合同,我们还可以加上一些其他的条款,比如你如果能拿到下届多哈亚运会的百米冠军,我们可以给你额外的现金奖励;如果五年后的首都奥运会你能够保证出场,我们公司也可以给你现金奖励;这些附加条件,还可以再商定。请你相信,我们奈克公司对你是很有诚意的。” Thanked.” Zhang Guan polite nod, then said: I am not willing to sign, money issue, in addition the issue, I want to be you neglect.” “非常感谢。”张冠客气的点了点头,接着说道:“我之所以不愿意签约,金钱问题其中的一条,另外还有一个问题,我想是你们都忽略了。” What issue?” Manager king asks. “什么问题?”王经理开口问。 I this year only then am 17 years old, the law stipulated that I am a minor, if I sign, this contract should be invalid, therefore you should ask my parents to sign are right.” Zhang Guan says. “我今年只有十七周岁,法律规定我还是一个未成年人,如果我签约的话,这份合同应该是无效的吧,所以你们应该找我父母签约才对。”张冠开口说道。 Listened to the Zhang Guan words, Attorney vermilion who had not opened the mouth fierce frowning. Before the work of Attorney vermilion placed the formulation contract with emphasis, gained the biggest benefit for the company, actually neglected the ty to a contract is a minor. 听了张冠的话,一直没有开口的朱律师猛的皱起了眉头。之前朱律师的工作重点都放在制定合同,为公司争取最大的利益,却忽略了签约人本身就是一个未成年人。 Laws and regulation that although this age has not represented about the minor, but Attorney vermilion in the mind still the rapid thinking had the related related legal basis. Although association will not care is a minor, but Nike Corporation actually must care, this is not because Nike Corporation has the deference law how, but does not want to make the competitor catch own handle. 这个年代虽然还没有关于未成年人代言的相关法律法规,但朱律师脑海中仍迅速的思索起相关有关的法律依据。虽然协会方面不会在乎是不是未成年人,但奈克公司却必须在乎,这不是因为奈克公司有多么的遵守法律,而是不想让竞争对手抓到自己的把柄。 The sporting goods are an industry of sudden and huge profits, competition between the sporting goods companies internationally is brutal, any scandal may be held by the competitor, then the infinite enlargement, subsides the scandal when the time comes the words, could spend to take surely as the fund that the unit calculates. Signs with a minor to do to represent, the competitors even can hype Nike to hire the child laborer. 体育用品本来就是一个暴利的行业,国际上的体育用品公司之间的竞争更是残酷,任何一点丑闻都有可能被竞争对手抓住,然后无限的放大,到时候平息丑闻的话,可能要花费以千万为单位计算的资金。签约一个未成年人做代言,竞争对手们甚至可以炒作成奈克雇佣童工。 Manager king gathers Attorney vermilion near the ear, asked in a soft voice: This does have the issue?” 王经理凑到朱律师耳边,轻声问道:“这个有问题么?” The ranks that the right of portrait, the reputation and the right of fame that minor «Underage Person Protection method» stipulates are protecting, without the minor guardian written consent, anybody cannot gain for the goal use the right of portrait of minor. Currently speaking, if must look for Zhang Guan to represent, but also really needs his guardian, is the agreement of his parents is good.” Attorney vermilion said to Manager king in a soft voice. “《未成年人保护法》中规定的未成年人的肖像权、名誉权和荣誉权都在保护的行列,未经未成年人监护人书面同意,任何人不得以营利为目的使用未成年人的肖像权。从这一点来看,如果要找张冠代言,还真需要他的监护人,也就是他父母的同意才行。”朱律师轻声对王经理说。 „Can't he sign? Do we want to look for his parents?” Manager king asks. “那他就是不能签约了?咱们要找他父母?”王经理开口问。 «Civil law» in has the stipulation, so long as has the full capacity for civil conduct, can conduct the civic action independently, can sign and alone is protected by the law.” Attorney vermilion then said. “《民法》里有规定,只要具备完全民事行为能力,可以独立进行民事活动,就可以独自签约并受到法律保护。”朱律师接着说。 Full capacity for civil conduct? Can be big?” Manager king immediately asked. “完全民事行为能力?要多大?”王经理马上问。 Citizen over 18 years old has the full capacity for civil conduct, simultaneously the 16 to 18 years old citizen, takes own labor income as the main source of income, can be considered as the full capacity for civil conduct person.” Attorney vermilion then answered. “18周岁以上的公民具备完全民事行为能力,同时16岁至18岁的公民,以自己的劳动收入为主要生活来源的,也可视为完全民事行为能力人。”朱律师接着解释道。 Takes own labor income as the main source of income, how this should limit?” Manager king grasped the key point immediately. “以自己的劳动收入为主要生活来源的,这个该如何界定?”王经理马上抓住了关键点。 Attorney vermilion thinks, sighed: „If the normal service employment, is quite easy to limit, but the athlete in our country, is very difficult to limit. In the western nation the free agent is referred to as the worker, but in our country, the cognition in this aspect is quite fuzzy, is not good to recognize.” 朱律师想了想,叹了口气说:“如果是正常的劳务用工的话,就比较容易进行界定,但咱们国家的运动员,很难界定。西方国家里职业运动员是被认定为劳动者的,但在我们国家里,这方面的认知比较模糊,也不好认定。” Manager king thought that was somewhat circled, therefore opens the mouth to ask: What do you mean? Can say specifically?” 王经理觉得有些被绕进去了,于是开口问道:“什么意思?能不能说具体点?” Attorney vermilion pondered again several seconds, said: For example the football player of Group A league tournament, signs with the club, with the wage of club, can be regarded as the worker ; But these do not have the sports of commercialization, the active duty athlete basically is the recruited nature, without the signing official work contract, the food and lodging sports team entire package, has the wage also to issue in the name of living cost allowance, unit not explicit non- work income and enjoyment, the athlete does not have the explicit work to deliver, therefore in the legal sense said that this kind of athlete has not formed the employment relations, cannot be calculated does is the worker, the nature on cannot use the labor income to limit for the main source of income.”( This time has not changed ultra, still called Group A) 朱律师再次思考了几秒钟,开口说:“比如甲A联赛的足球运动员,与俱乐部签约,拿俱乐部的薪水,可以看做是劳动者;而那些没有商业化的体育项目,现役运动员基本上是属于被征召的性质,没有签订正式的劳务合同,吃住体育队全包,有薪水也是以生活补助的名义下发的,单位没有明确的非劳动收益和享受,运动员也没有明确的劳动产出,所以法律意义上说这类运动员没有形成雇佣关系,不能被算做是劳动者,自然也就不能用劳动收入为主要生活来源来界定。”(这时候还没改成中超,依然叫甲A) The words of Attorney vermilion made Manager king fall into silent, as the business manager of most well-known sports brand, the present situation of his naturally understanding domestic athlete. Especially in these do not have in the middle of the sports of commercialization, during the athlete active duty, food and lodging sports team entire package, only has several hundred so-called living cost allowances every month, the athlete or the athlete of weak in project some poor areas, these several hundred living cost allowances do not even have. 朱律师的话让王经理陷入了沉默,作为最知名运动品牌的业务经理,他自然了解国内运动员的现状。特别是在那些没有商业化的体育项目当中,运动员现役期间吃住体育队全包,每月只有几百块的所谓的生活补助,有的贫困地区的运动员或弱势项目的运动员,连这几百块生活补助都没有。 These well-known athletes have the opportunity to enter the government offices and public institution after the retirement, almost can mix the position of coach slightly, but most athletes can only take a few compensation for removal to find one's own profession. This athlete of year does not have the social security, not to have the health insurance, moreover most athlete cultural levels are not high, no technology, after retiring, down and out and is not infrequent. 那些知名的运动员在退役后有机会进入机关事业单位,稍微差点了能混个教练的职位,而绝大多数的运动员只能拿着一笔为数不多的遣散费去自谋职业。这年头的运动员没有社保、没有医保,而且绝大多数运动员文化水平不高,也没有什么技术,退役后穷困潦倒并不在少数。 Track and field obviously is also not the sports of commercialization, Zhang Guan cannot be referred to as the worker, moreover Zhang Guan has the high-school student of regular school register, which point regardless of, cannot say that Zhang Guan has the full capacity for civil conduct. 田径项目显然还不是商业化的体育项目,张冠不能被认定为劳动者,而且张冠还是具备正规学籍的高中生,无论从哪点来说,都不能说张冠具备完全民事行为能力。 Manager king raised the head, said to Director Sun: It seems like we must visit the Zhang Guan parents.” 王经理抬起头来,对孙主任说道:“看来我们要拜访一下张冠的父母了。” Without the issue, my family lives in the provincial capital, do I call my father now, how making him come?” Zhang Guan said immediately, appearance that performance vigorously coordinates very much. “没有问题,我家就住在省城,我现在给我爸打电话,让他过来怎么样?”张冠马上说道,极力的表现出很配合的样子。 Zhang Guan made a phone call, shortly after Mr. Zhang hurriedly catches up. 张冠打了一个电话,不久后张父就急匆匆的赶来。 Director Sun gave Mr. Zhang the contract, Mr. Zhang looked in a hurry, said: This contract I cannot sign.” 孙主任将合同递给张父,张父匆匆看了一遍,开口说道:“这份合约我不能签。” „Is discontented with the amount?” Director Sun asked immediately. “是对金额不满么?”孙主任马上问道。 This actually not.” Mr. Zhang takes up the contract, referred to the place of above age limit, then said: I thought that this age limit was too long, some are inappropriate.” “这倒不是。”张父拿起合约,指了指上面年限的地方,接着说道:“我觉得这个年限太长了,有些不合适。” What having is inappropriate?” Director Sun asked immediately. These two fathers and sons dislike money less/small, suspicion time is long, making Director Sun very discontented. “有什么不合适的?”孙主任马上问道。这两父子一个嫌钱少,一个嫌时间长,让孙主任很是不满。 Only listens to Mr. Zhang saying: Zhang Guan this child next year 18 years old will grow up, I and his mother have felt how he grows up the later road to walk, should make he himself choose, when we parents want the children to be good, but is impossible to follow he for a lifetime is not? The child is grows up importantly, throughout must learn the independence. Therefore wants me to sign this contract, I can only sign for a year, when he will be grown after next year, my anything does not manage, renews a contract does not renew a contract, makes he himself choose.” 只听张父说道:“张冠这孩子明年就十八岁成年了,我和他妈妈一直觉得,他成年以后的路该怎么走,应该让他自己选择,我们当父母都希望子女好,可也不可能跟着他一辈子不是?孩子是重要长大,始终要学会自立的。所以要我签这份合同也可以,我只能签一年,等明年他成年以后,我就什么都不管了,无论是续约还是不续约,都让他自己选择。” Manager king and Attorney vermilion also frown, signs the length to make to the young athlete who some have not become famous, has been similar the one advertisement strategy of Nike this big company, this can also be regarded as an investment. Nike spends a lot of money every year, around the world signs with hundred and thousand of potential young athletes, and gives them the length to make, after the athlete becomes famous, Corporation will bring dozens times of even several hundred times of advertisement benefits to Nike. 王经理和朱律师同时皱起了眉头,给一些还没有成名的年轻运动员签长约,一直都是类似奈克这种大公司的一种广告战略,这也可以看作是一种投资。奈克每年花费大量的金钱,在全世界范围内签约成百上千名有潜力的年轻运动员,并且给他们长约,等到运动员成名以后,将会给奈克公司带来数十倍甚至数百倍的广告效益。 But if only signs for a year, this suit will become will not have the significance, if athlete one year later is not willing to renew, or will want a lion's share, this will not serve the interests of Nike Corporation, Nike Corporation hopes what will obtain has the potential stock that for a long time, rather than will be full of the indefinite short term investment. 但如果只签一年,这种投诉将变得毫无意义,万一运动员一年后不愿意续签,又或是狮子大开口,这都不符合奈克公司的利益,奈克公司希望得到的是长期持有的潜力股,而不是充满不确定的短期投资。 But what is main was Manager king and Attorney vermilion looks, this is finding the excuse to shirk to the fathers and sons intentionally, seemed like putting on a shuanghuang performance, others do not want to sign this contract from the start. Two people are the worldly people, immediately made the decision. 但更主要的是王经理和朱律师都看出来了,这对父子是故意在找借口推脱,看起来就像是在演双簧,人家压根就不想签这份合同。两人都是人精,马上就做出了决定。 Saw only Attorney vermilion to turn head to Director Sun saying: We had not considered that Zhang Guan age issue, he now or the minor, our contracts also need to revise again, I looked that was inferior today we first go back, after we revise the contract, said.” 只见朱律师扭头对孙主任说:“我们没考虑到张冠年龄的问题,他现在还是未成年人,我们的合同也需要再进行修改,我看不如今天我们先回去,等我们修改完合同以后再说。” Director Sun naturally listens, Attorney vermilion the so-called revision contract perhaps is only a pretence under pretext, signing of this Nike spokesman feared yellow. 孙主任自然听出来,朱律师所谓的修改合同恐怕只是一个托词,这次奈克代言人的签约怕是黄了。 The donor who Nike Corporation disburses money, Director Sun does not have the means to refute, moreover this matter is not his rank can the decision, he has saying: Good, we respect your opinions. However I will also report to the leadership.” 人家奈克公司出钱的金主,孙主任没有办法反驳,而且这种事情也不是他这种级别能够决策的,他只好开口说道:“好的,我们尊重你们的意见。不过我也会向领导汇报的。” ...... …… A Mr. Zhang face smiling face sends off three people, returning to Zhang Guan saying: What kind of, coordination good!” 张父一脸笑容的送走三人,回到张冠近前开口说道:“怎么样,配合的不错吧!” Also ok, compared with me almost.” Zhang Guan cracks a joke. “还行,比我差一点点。”张冠开起了玩笑。 Me, although is not the rich person, but has really not missed their hundreds of thousands.” Mr. Zhang looked at Zhang Guan, then said: That words that I spoke a moment ago may real. Beforehand time I and your mothers am thinking trains you to mature, now you have grown up, broke the Asian record, has matured! You chose athlete road, possibly this road and difficult to walk, you will probably encounter many problems in the future, but regardless of what happened, I and your mother will fully support your.” “咱家虽然不是什么大富翁,不过还真不差他们那十几万。”张父看了看张冠,接着说道:“不过我刚才说的那番话可都是真的。以前的时候我和你妈妈都想着培养你成才,现在你已经长大了,还是破了亚洲纪录,算是已经成才了吧!你选择了运动员这条路,可能这条路并不好走,可能未来你会遇到更多的麻烦,但无论发生什么事情,我和你妈妈都会全力支持你的。” Thanks the father!” “谢谢爸!” I first walked, right, the mother cooks the red-roasted pork tonight, remembers that goes home to eat meal......” “我先走了,对了,今晚你妈妈炖了红烧肉,记得回家吃饭……” ------ ------ This chapter is more than 3700 characters. Sought to recommend the ticket shamelessly! Thanks. 这章又是3700多字。厚颜求一下推荐票!谢谢。
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