The Foundry Enterprise Has Difficulty In Safeguarding Its Rights, And Adidas Is Deeply In The Credit Crisis.

Since August this year, the international movement has been widely known.

The giant Adidas will "draw a line" with dozens of domestic foundry enterprises and break off the relationship of OEM cooperation, which makes 300 domestic foundries very panic.

As Adidas confirmed its sole factory in China in July this year, the Suzhou plant will be closed.

This makes Adidas's stay and become a popular place.

Adidas has plunged into the public opinion whirlpool of "integrity management and ingratitude".

It also makes many domestic foundry enterprises face the dilemma of collective rights protection.

In May of last year, there were rumors that Adidas was going to close its only factory directly under the influence of the rising cost of raw materials and labor. The factory in Suzhou caused a panic. But then, Adidas, China's financial operations president and Adidas Suzhou factory directly responsible person ErickHaskell held a forum on dozens of suppliers in November last year, which denied the news of the upcoming closure of the Adidas Suzhou plant and promised that cooperation would not change before 2015.

But who had thought that only six months had passed. In July 19th of this year, Adidas confirmed that it had been trapped in cost pressures and other factors, and decided to close down a factory directly under the Suzhou factory.

So Adidas's original commitment turned into a joke and made more than 300 OEM types.

Since the index factory has been closed, who can ensure that Adidas does not cut off the cooperation relationship with OEM enterprises, and then "Peacock Flies Southeast" to Southeast Asia to find cheaper labor and raw materials market? And Adidas has expressed such an attitude before.

Recently, there are rumors that Adidas will terminate part of its contract in China in October this year, and many domestic companies will produce for Adidas.

More than 10 years of subcontracting factories such as T-shirts have been informed that the OEM agreement will be lifted from October to April next year, and the cooperation will be terminated.

This makes many domestic foundry enterprises face the dilemma of collective rights protection.

On the 22 day, Adidas again made a clarification, calling it more than 300 in China.

The foundries still have cooperative relations and will continue to "fulfill their commitments to China".

Adidas said the termination of cooperation with the ten generation factories is to optimize the global procurement structure, and will not affect Adidas's total production in China.

And stressed that "China used to be and will continue to be an important purchasing market."

But such oral promises can not convince many foundry companies, because Adidas's previous position is already "oral check".

It is reported that this year, 8, 9, 10, three months, according to the previous year's order volume of at least 250 thousand pieces, and this year only 2 million pieces, we can see that more than 10 OEM enterprises have been weaned is an indisputable fact.

And there are factory owners who believe that these 20 thousand items are just Adidas's order to delay the time until October.

The capricious attitude of Adidas makes more than 300 enterprises in China face the dilemma of claims for collective rights protection. A factory official said that Adidas entered China in 1996 and has been dealing with Adidas for more than ten years. In addition to the current contradictions, Adidas is still a good partner in the business process, but when we helped it grow up, it forgot the past.

Now, in order to lower the labor market and abandon us, we can only choose to protect our rights, but safeguarding rights is also difficult.

First of all, at the forum held last November, Adidas only gave oral promises and did not form written documents.

According to the participants, we asked him to write a written agreement to us. His alibi on that day was that the letter of commitment could only be drafted by a lawyer later, but he never gave it to us.

But the recording of the meeting.

However, the validity and validity of the recording have been questioned and it is not known whether it can be used as evidence for safeguarding rights.

EU to China

Guo Weiwen, Secretary General of the alliance, believes that enterprises should carry out risk assessment when making decisions. At that time, they should insist on signing agreements.

You do not have any agreement, which is very difficult to do. "

According to Yan Yiming, a well-known lawyer in Shanghai, it is more difficult to ask for advice from a generation of industrial enterprises.

The contract between the general factory and the Brand Company will be signed and there is a time limit.

It is lawful for the Adidas to terminate the contract in advance for one to three months in advance according to the contract stipulations.

It is reported that in 2009, Adidas put forward a plan called Gassa Milestone, which made a score on the capacity, equipment and software of the foundries, and the enterprises whose marks were not up to standard would be eliminated.

Because of this plan, the foundries have invested a lot of money in training, equipment and software.

Therefore, the foundry enterprises require Adidas to compensate for the cost of the machine, but Adidas said that the machinery and equipment of the foundries are not within the scope of compensation.

Professional lawyers point out that in the process of cooperation with clients, the clients are required to improve the quality of the equipment. The special machinery and equipment specially used for the production of Adidas products should be handled according to the contract. If there is no contract, from the principle of good faith, the OEM enterprise can make compensation to Adidas, but ultimately it depends on whether it can get the support of the court.

The foundries can only share costs in the premise of signing relevant agreements with Adidas.

So this claim is far fetched in law and risky for factories.

At the same time, even if we take the legal approach, because of the large number of foundry enterprises, the single action is bound to be too weak to move Adidas.

But when combined, the government has no support for a lawyer team, and it is not too expensive to sue for lawyers.

And lack of experience, money and energy in safeguarding rights, in a weak position.

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The difficulty of safeguarding rights actually reflects the whole.

The difficulty of safeguarding the rights of the OEM industry is the weak consciousness of the law, resulting in a disadvantageous position when safeguarding rights.

In the face of the temptations of the huge orders of the international giants, they often engage in the internal competition of the OEM enterprises. In order to get the business, the contract has been signed hastily. Some of the disputed terms and places that do not understand are temporarily shelved, and some even do not sign a contract.

Multinational corporations are the global strategy of "the most extensive market and the lowest cost". Once the local cost rises, they will leave.

So carelessness at that time laid hidden dangers for future risks, and of course, the consequences were also borne by themselves.

Therefore, it is suggested that the domestic OEM enterprises should find corresponding lawyers, legal persons or legal advisers to strictly examine and check the terms of the contract when signing the contract.

We can not sign contracts in a hurry to win business orders. At the same time, we can not fight alone while safeguarding our rights. We must form a joint venture, and trade associations should provide support behind them.

Analyst Wang Qiang believes that Adidas's termination of cooperation with mainland foundry enterprises is still possible.

Its closing index factory in China is a precursor. The fundamental reason is that the human cost of the mainland has been constantly rising. Compared with Southeast Asia, there has been no advantage over the Southeast Asian countries.

And the huge consumer market is not comparable to Southeast Asia.

Therefore, Adidas emphasizes that China used to be and will continue to be an important purchasing market.

Therefore, it is morally and economically reasonable to continue to cooperate with mainland foundry enterprises. However, Adidas is likely to adopt a compromise approach, which is to reduce the scale of cooperation of OEM enterprises.