26 Apr

Sell ​​firm in difficulty

When a company is in financial difficulties, one of the alternatives that the employer arises sell a business “Specializing in refloat firms in difficulty”.

You may have seen advertisements for “WE GAIN COMPANIES IN CRISIS, NO MATTER SITUATION”. Or other listings as “BUY YOUR DEBT CASH”.

When the ship starts to sink, is very human attempt to jump and somebody else deal going plugging the leaks, giving explanations to employees, giving explanations to suppliers… Surely that's a nasty job and many people try to get rid of it.

Sell ​​the company (even for one euro) is a viable alternative in some cases, but it is also an opportunity for some easy money scavengers.

There are some savvy to take advantage of the good faith of the former owners and “buy for one euro” a company in crisis, promising the moon and the stars.

It is well known that the best way to fool someone is telling you what you want to hear: “We will take care of the debt, Company reflotaremos, will respect all jobs, pay everyone. Your name will be completely clean, You can go quiet…”

when in reality all they do is scavengers:

1) SELL EVERYTHING SELLABLE: Stock, machinery, vehicles, etc.

2) COLLECT ALL COLLECTIBLE: Customer balances, cash sales, etc.

3) GENERATING COMPANY SCREEN FROM FAKE BILLS, for advisory services, repairs, all the various services, all nonexistent.

4) NOT PAY ANYONE: nor employees, or suppliers, or banks, or Hacienda, etc. And use the bag of money generated in point 2) to pay the false invoices point 3)

In the short term, Company busting, scavengers have taken what little good it was and the previous owner by scavengers remains responsible for the guarantees that had signed and as a subsidiary responsible for the atrocities committed. Because corporate law (and very specifically for these cases, the Bankruptcy Act), establishes the overall responsibility of directors of companies. Where an employer sells a company that is in bankruptcy proceedings, responsibility does not expire by the fact sell.

If the seller of a company has guaranteed loans to the company with its assets, This can be arrested even if conducts the sale.

To avoid, must be reflected in the sales contract the buyer assumes these guarantees; is highly desirable that the bank is present at the sale, since the entity must consent to the change of debtor. Otherwise the previous owner remains responsible guarantor.

Anyway it's relatively easy to distinguish whether the buyer has a legitimate interest in ensuring viable company, or is a vile scavenger that will take advantage of legal loopholes to steal everything you can.

The seller must require the buyer two conditions:

UNA: Reflected in the sales contract the buyer assumes guarantees and obtain the consent of the bank to make that change of guarantor.

DOS: Simultaneously to the sales transaction, should be formalized a capital increase by the buyer. That is the way to show that the buyer is really committed to the future of the company. If that investment commitment is made only in words or writing and then fails, the seller can not be held accountable to the buyer. This commitment is valid only if signed before a notary in the form of capital.

A scavenger never accept these conditions. A buyer interested in the future of the company itself will.

We know that it is very unpleasant to manage a company in crisis, but sell it to a scavenger will only make things worse for everyone: to the former owners, for employees and suppliers of the company.

30 May

Can a company control the use of computers by their employees?

The obligation of an employee is to use hardware that makes it easy for the company to WORK.
No to porn, not to chat with friends, not to read sports newspapers, youtube videos irrelevant to their work, etc.

Now. Is it lawful for a company put a “sniffer” to analyze the network traffic and check which pages you visit and how long each employee remains in each? Is it lawful to analyze the emails entering and leaving the computer worker?

One company did and discovered that one of its employees, besides losing outrageously time (daily spent many hours surfing pages that had nothing to do with his work) company information sent to competition.

The company fired him and the employee appealed. At the end of several judicial remedies, the Supreme Court has considered unfair dismissal, because the evidence was obtained in violation of the privacy of the employee.

The KEY hue is this: Because no evidence that, "According to the requirement of good faith, the company had some kind of rules previously established for the use of such media, with application of absolute prohibitions or parciales- nor that he had informed the workers that are going to carry out checks and means to implement in order to check its correct use ".

I.e., the company has the right to completely control the use of computers by their employees IF THEY PREVIOUSLY ADVISED. The logic is to sign a document to each worker which clearly put the employee assumes that the purpose of the use of computers is working, you should not use them for purposes unrelated to the company, and should not be used to send or receive personal emails since all the information you send or receive through the internal network or Internet, may be subject to unannounced checks by the company.

05 Christmas

Twitter as a channel for business communication

Twitter is increasingly used by companies to maintain and quick contacts “informal” with its network of clients. As shown, An example: The sales manager in Spain for your Amazon Web Services AWS distributed (Amazon Web Services) you chose Twitter as fast channel of communication and “open conversation” with customers.

The advantages are manifold: Twitter is fast, viral somewhat, free, open and easy to use. Whenever there is more present on mobile phones, and lets you communicate with friends open, customers or suppliers.

If you have an account on twitter, Just visit the profile of your customer / supplier and “follow”. From there you will enter your “timeline” twitter short messages to write that person / company.

Twitter does not replace email, but complements it perfectly as an alternative means of mass communication, more informal and close.

14 Jun

Sending emails without Blind Copy

Do you appreciate differences between these two pictures?
1) Shipping to my clients using the field “to” email program.

2) Shipping to my clients using the field “BCC” (Blind carbon copy) the “CCO” (With Bcc) email program.
The difference is bigger than it looks. The system 2) is correct and the only one you should use.

If you use the system 1) You are revealing to each of your customers name and email address of each of the rest of your customers, demonstrate little knowledge you have of new technologies, and besides piss off your customers, it can cost you 3.000 euro fine. You will not be the first: Click here if you're curious to see the sanction decision of the Agency for Data Protection.

So, you know, when you send an email to a list of friends, customer, always use the COPY OCULTA.

NOTE: The company that received the 3.000 Euro sanction of the Data Protection Agency was NOT sent an email advertising. It was a Christmas card simplemnte. Maybe if it had been a commercial shipping, the penalty would be even greater.