Legal analysis
As one of the shareholders of the company, the law stipulates that it is not allowed to operate the same type of industry as the company. This is forbidden by the company; In addition, the company's shareholders use the company's resources for personal gain, and the company can ask them to return the relevant resources and interests. If you refuse to return, you can sue the shareholders in the name of the company and ask them to return the company property immediately. If the wife infringes on the interests of the company, the company can ask them to compensate for the losses suffered by the company, and at the same time, they can be forcibly dismissed without any financial compensation. Agreements signed privately by corporate legal persons are generally valid and legally binding on both parties to the contract. In any of the following circumstances, the employer may terminate the labor contract without notice: it is proved that it does not meet the employment conditions during the probation period; Serious violation of labor discipline and the rules and regulations of the employer; Serious dereliction of duty, corruption, causing heavy losses to the interests of the employer; Being investigated for criminal responsibility according to law. If shareholders intentionally cause losses to the company during their work, the unit may claim compensation according to the agreement in the labor contract. It is intentional to use the unit resources to do private work. If it leads to the loss of the unit resources, it is necessary to bear the liability for compensation.
legal ground
Article 148 of the Company Law of People's Republic of China (PRC), directors and senior managers shall not commit the following acts: (1) misappropriating company funds; (2) Opening an account for the company's funds in its own name or in the name of other individuals. (3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association; (four) in violation of the articles of association of the company or without the consent of the shareholders' meeting or the shareholders' meeting, enter into a contract or conduct a transaction with the company; (5) Without the consent of the shareholders' meeting or shareholders' meeting, taking advantage of his position to seek business opportunities belonging to the company for himself or others, and running the same business as the company he works for; (six) accept the entrustment of others and regard the transaction with the company as your own; (seven) unauthorized disclosure of company secrets; (8) Other acts that violate the obligation of loyalty to the company. The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company.