经常有老板问:我想把股份给员工,但担心员工拿到股份经常有老板问我:我想把股份给员工,但担心员工拿到股份后,以老板自居,不好好干活;又担心员工走了,股份收不回来。后,以老板自居,不好好干活;又担心员工走了,股份收不回来。其实,对于这个问题有一个很好的解决办法:限制性股权。
济南股权架构设计公司为您讲解一番。
The boss often asks me: I want to give shares to employees, but I'm worried that employees will get shares. The boss often asks me: I want to give shares to employees, but I'm worried that after employees get shares, they will pretend to be the boss and not work hard; I am worried that the employees will leave and the shares will not be recovered. After that, he regarded himself as the boss and didn't work hard; I am worried that the employees will leave and the shares will not be recovered. In fact, there is a good solution to this problem: restricted equity. Jinan Equity Structure Design Company will explain to you.
顾名思义,即员工拿到的是真实的股权,同时又限制性股权,顾名思义,即员工拿到的是真实的股权,同时又受到一定的限制,在约定条件下,股权要退给企业或者股东。一般受到一定的限制,在约定条件下,股权要退给企业或者股东。一般会约定员工全职为企业工作一定的期限,如4年。如果员工的工作会约定员工全职为企业工作一定的期限,如4年。如果员工的工作年限没有达到约定的期限,就要把股权退回来。
As the name implies, employees get real equity and restricted equity at the same time. As the name implies, employees get real equity and are subject to certain restrictions. Under agreed conditions, the equity should be returned to the enterprise or shareholders. Generally, there are certain restrictions. Under the agreed conditions, the equity shall be returned to the enterprise or shareholders. Generally, employees will work full-time for a certain period of time, such as 4 years. If the employee's work will agree that the employee will work full-time for the enterprise for a certain period of time, such as 4 years. If the employee's working life does not reach the agreed time limit, he/she shall return his/her equity.
年限没有达到约定的期限,就要把股权退回来。员工退还股权分以下几种情形员工退还股权分以下几种情形:一种,员工主动辞职的,全部退股给公司。
If the term does not reach the agreed time limit, the equity will be returned. The return of equity by employees can be divided into the following situations: one is that if the employee resigns voluntarily, all shares will be returned to the company.
一种,员工主动辞职的,全部退股给公司。二种,员工生病或意外导致失去劳动能力,二种,员工生病或意外导致失去劳动能力,本着人道主义精本着人道主义精神,员工已经提供的服务、已经拿到的股权要给员工,没有完成的神,员工已经提供的服务、已经拿到的股权要给员工,没有完成的服务期限对应的股权,继续给到员I或以合适的价格回购员工这部服务期限对应的股权,继续给到员I或以合适的价格回购员工这部分股权。
One is that if the employee resigns voluntarily, all shares will be withdrawn to the company. The second is the loss of labor ability caused by illness or accident. The second is the loss of labor ability caused by illness or accident. In the spirit of humanitarianism and humanitarianism, the services that employees have provided and the equity that they have obtained should be given to employees. The unfinished god, the services that employees have provided and the equity that they have obtained should be given to employees, and the equity corresponding to the unfinished service period, Continue to give the employee I or repurchase the employee's equity corresponding to the service period at an appropriate price, and continue to give the employee I or repurchase the employee's equity at an appropriate price.
三种,在下列特定情形下,解雇辞退员工时,员工需全部退三种,在下列特定情形下,解雇辞退员工时,员工需全部退股给公司:激励对象犯罪,或者有其他重大的违反刑事或者行政法股给公司:激励对象犯罪,或者有其他重大的违反刑事或者行政法规的行为遭到处罚
Three types. In the following specific circumstances, when dismissing employees, the employees need to be all dismissed. In the following specific circumstances, when dismissing employees, the employees need to all withdraw their shares to the company: the incentive object commits a crime, or has other major violations of criminal or administrative laws and shares to the company: the incentive object commits a crime, or has other major violations of criminal or administrative laws and regulations are punished
严重违反公司的规章制度,如违反公司的保密制度,泄露公司商业秘密;违反和公司之间的竞业禁止义务;员工和公司约定的其他情形。
Seriously violate the company's rules and regulations, such as violating the company's confidentiality system and disclosing the company's business secrets; Violate the non-compete obligation between the company and the company; Other situations agreed by employees and the company.
需要注意的是,员工退还股权在实践中容易产生争议,因此应当提前将上述特定情形加以明确规定。
It should be noted that the return of equity by employees is prone to dispute in practice, so the above specific circumstances should be clearly defined in advance.
对于限制性条件的设置问题,企业在制定规则时,也要考虑到员工的理解和接受程度,做到相对公允。发生前面几种情况,企业要约定股权收回的细则。另外,除了否定性的股权收回规则,还应当有肯定性的股权授予规则,如员工在公司要全职工作满一定年限、员工的工作表现、员工对公司的贡献大小或者是达到预期的考核标准等。这种制度性的安排定要提前设置,规则正如约束孙悟空头的“紧箍咒”,没有规则,对员工就没有约束力。
As for the setting of restrictive conditions, enterprises should also consider the understanding and acceptance of employees when formulating rules, so as to be relatively fair. In case of the above situations, the enterprise shall agree on the detailed rules for equity recovery. In addition, in addition to the negative equity withdrawal rules, there should also be positive equity grant rules, such as employees who have to work full-time in the company for a certain number of years, their work performance, their contribution to the company or the expected assessment standards. This institutional arrangement must be set up in advance. The rules are like the "tightening curse" that binds Sun Wukong's head. Without rules, there is no binding force on employees.
限制性股权是实在的股权,只不过在某些情况下,有可能让激励对象退回来部分或者全部的股权。限制性股权的对象,通常是公司服重变,服核心的一些人员,对公同的创始团队成员,可以采用限制性股权。更多相关内容就来我们网站
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Restricted equity is real equity, but in some cases, it is possible for the incentive object to return some or all of its equity. The object of restricted equity is usually the company's core personnel, and the founding team members of the company can use restricted equity. Come to our website for more relevant content http://www.daoshangbao.com Ask!