Do you need to be responsible for the "store manager" Guan Xiaotong?

Author:China News Weekly Time:2022.06.29

After all, star catering will return to the essence of catering

On June 27th,#6 6 6#On Weibo Hot Search. It is reported that Guan Xiaotong was reported to the court by the franchisee for the illegal opening of a natural milk tea shop. The case will be held on July 8, 2022. According to the data, the brand was founded by hand with Guan Xiaotong.

On the afternoon of the 27th, the natural dull milk tea shop issued a statement saying that the case was a special operating contract dispute. The case acceptance and trial of the trial were the normal workflows of the court. Guan Xiaotong never participated in the company's management work, which caused deep apology to Guan Xiaotong. Guan Xiaotong's official Weibo subsequently reposted the statement.

Picture/Natural Stay official Weibo

However, China News Weekly opened the official website of Natural Stay, but found that Guan Xiaotong was called "store manager". So, did Guan Xiaotong participate in the business of natural dullness?

"Go on the car first and then make up the ticket"

Recently, it was reported that Guan Xiaotong was illegally opened for franchise because of the natural dull milk tea shop and was reported to court.

On June 27, the official Weibo issued a statement on this incident that Wenzhou Owa Catering Management Co., Ltd. and Chengdu Natural Catering Management Co., Ltd. will be tried on July 8, 2022. The acceptance and trial of the case are the normal workflow of the court.

Article 7 of my country's "Regulations on the Management Management of Commercial Frank Management" stipulates that franchisees shall have a mature business model and have the ability to continue to provide service guidance, technical support and business training for the franchisees. The franchisees shall have at least 2 direct -operated stores in franchise activities, and operate for more than 1 year.

Li Weihua, an associate professor at the Business School of China University of Political Science and Law, told China News Weekly that the original intention of the state's establishment of a franchise threshold was to restrict franchisees and protect franchisees. "By requiring franchisees to have the actual operating experience for a period of time, strive to ensure that it has formed a more mature business model and can provide corresponding supporting services for the franchise."

According to the data, it was established in August 2020, but according to the commercial franchise information management platform of the Ministry of Commerce, it was not completed until February 24 this year. In this regard, the natural stare said that the brand was founded in 2016 in 2016. The brand was founded in 2016. It has met the one -year conditions of the two stores but has not been recorded in time.

Figure/Business franchise information management platform

So is this method of "getting on the car first and then making up the ticket"? Li Weihua said that this approach is still illegal. According to the "Regulations on the Management Management of Commercial Frank Management", if the franchise does not have the conditions stipulated in Article 7 of these Regulations, and engage in franchise activities, the competent business department shall order correction and confiscate illegal income, and in charge of illegal income, in order to be 100,000 yuan or more, 500,000 yuan The following fines are announced.

According to the company's inspection APP, on May 24, Chengdu Natural Catering Management Co., Ltd. was punished by administrative punishment. After the punishment was first entered into a commercial franchise contract for the first time on February 7, 2021 Article 8 The provisions will be filed with the competent commercial department within 15 days, and the Chengdu Commerce Bureau fined 30,000 yuan.

Didn't Guan Xiaotong participate in the operation?

The statement issued by the natural stay on the 27th is also worthy of attention. The company said that Guan Xiaotong had never participated in his management work. According to an APP of the enterprise, Guan Xiaotong himself does not have a equity relationship between himself and natural dull.

However, Kong Lei, a lawyer at Beijing Dongyuan Law Firm, said that not participating in shares does not mean not participating in management. From a legal perspective, there are two cases of participating in operation and management. One is to be the company's shareholders, directors, and partners, and have a substantial impact on the company's operating policy. The other is to sign a labor contract with the company as the company's operating manager.

China News Weekly found that in a statement issued by the official website of natural daemon, Guan Xiaotong's name was "the manager of the natural dumb". In this regard, the natural stare responded to China News Weekly that the so -called "store manager" was just publicity. Guan Xiaotong did not participate in the company's operation, but just authorized to use his personal portrait.

In this regard, Kong Lei believes that the title of the manager cannot be awarded casually, because this title will make consumers naturally associate the substantial relationship between "store manager" and "store", which is equivalent to "store manager". The shop endorsed the platform. Li Weihua also has a similar point of view. "This will obviously cause ambiguity, allowing consumers and franchisees to mistakenly think that Guan Xiaotong is involved in company management, or brand spokespersons."

Although Guan Xiaotong himself did not participate in the shares, Guan Xiaotong's father Guan Shao Zeng Tongmeng Heart (Chengdu) Cultural Media Co., Ltd., who whose wholly -owned shareholding, holds 35%of the equity of a natural dumb company.

In fact, there have been disputes between natural dull milk tea and franchisees.

On November 23, 2021, a naturally stunned Yancheng franchisee posted a video saying that natural dull milk tea had a lot of loopholes in the management of franchisees, such as asking the company to ask for an invoice delay; Wait. "I actually want to find a statement for a natural dumb company, but the natural dumb company has not responded, then I can only find Guan Xiaotong. After all, when I signed a contract, Guan Xiaotong was the co -founder of natural dull milk tea." The franchisee express.

Regarding whether Guan Xiaotong should take a certain responsibility for this matter, Kong Lei said that it depends on what kind of cooperation model Guan Xiaotong and the company are. The brand uses the personal portrait of the star to promote it, attracting other investors, which is actually equivalent to the star of the star. "If it is a problem of illegal joining, then the problem of the existence of the company's operator should be responsible by the enterprise itself. Guan Xiaotong is only a spokesperson, and it does not need to be responsible. Quality issues, in this case, stars need to bear the responsibility of advertising spokespersons. "

Star catering rollover

In recent years, many celebrities have cooperated with catering companies to open stores. Essence

The same is true of natural dullness, it is inseparable from a trader named "Sichuan to Steel Brand Management Co., Ltd." behind it. As a catering brand incubation platform, this company has previously incubated Chen He's "Xianhezhuang", Sun Yizhou's "Stove Menkan", Huang Xiaoming's "Burning Jiangnan" and other star catering brands.

Under the dual blessing of the star effect and the catering company behind, the rapid expansion mode is opened naturally. According to statistics from e -commerce online, after the first store was opened in October 2020, the number of stores opened in 2021 reached 179. As of now, the "House Gate Meal Eye" procedure shows that naturally there are 126 stores.

China News Weekly learned from the investment manager of the natural dumb brand that the company's franchise fee ranges from 80,000 to 120,000 according to local policies. "However, the country is currently promoting. The top 60 franchisees in each province are exempted from franchise fees and will only charge 20,000 margins."

Based on a 30-square-meter store, from the project to the opening of the store, the entire investment is between 200,000 and 300,000 (excluding rent), including decoration, equipment, raw materials, design, training, marketing and various miscellaneous fees. After that, there are 20,000 renewal fees each year, and 2%of the store flow is charged as the management fee. "As for this cycle, it depends on the operation. The data that can be given here is that the average shop gross profit is about 60%." The above -mentioned investment manager said.

However, naturally said to China News Weekly that the joining fee of 80,000 to 120,000 was not accurate. "The brand franchise fee is determined by factors such as the brand's brand potential and regional geographical location of the brand in different time periods. The services included in the brand franchise fee are: store address evaluation, store opening guidance, continuous operation support services, irregular inspection guidance, guidance, and guidance, New product R & D, marketing, marketing planning, marketing planning, central human resources services, training, online operation support, etc. "

Wen Zhihong, a chain operating expert, said that from the perspective of marketing, star+catering model is undoubtedly successful. The essence of the star effect is traffic. The more high -quality traffic can reduce marketing costs. The blessing of catering brands can quickly let C -end consumers and potential franchisees know information.

However, traffic is sometimes a "double -edged sword". "When turning in the car, the traffic will become disadvantaged, causing more people's attention. At the same time, the problems in management and operation of management and operations are also amplified, and it may even have a negative impact on the main business." Li Weihua explained.

In fact, before naturally, the "rollover" incident has also appeared. Chen He's "Xianhezhuang" had fallen to the customer. Zheng Kai's "Fire Fengxiang Fresh Pot Hot Pot" was exposed to sell metamorphic ingredients. Bao Bell's "Spicy Village Hot Pot" was exposed to use beef blood instead of duck blood. Xue Zhiqian's "upper Shangqian "Hotpot tableware has repeatedly detected E. coli exceeds the standard ...

In the current competition in the catering industry, only traffic is not enough. Quality and services are the long -term survival of celebrity catering. In Li Weihua's view, the star+catering model itself is not a problem, but it depends on where the core competitiveness is. Marketing can only make a moment of prosperity. Those who can really retain customers and bring repurchase are still relying on products and services.

Author: Yu Yuan ([email protected])

Edit: Li Zhiquan

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