致蒂升电梯新任CEO总裁Uday Yadav先生的公开信(中英文)

2022-05-25 18:42:22  来源:法治在线.中国
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      2022年5月份,蒂升电梯业绩已经远远落后于一线品牌三菱和通力,蒂升在此内外交困之际,及时更换了新总裁Uday Yadav,此举让已经失去信心的中国区员工,似乎又看到了点些许希望,倘若这位新任总裁能拨乱反正,从此改变蒂升中国区的命运,也算是中国区员工的福音,为了这美好的愿景能够实现,蒂升所有新老员工在此表达内心真实想法,诉说对现状有所改变的期待,故此对中国区负责人徐红艳、销售总监沈奕春、北区经理李晶煜等人的种种表现做了简单的总结,以及她们的行为给中国区造成的影响,凡此种种,皆通过此公开信的方式,向蒂升新任总裁Uday Yadav先生客观描述如下:

      问题一:自2019年1月徐红艳上任后,便与李晶煜、沈奕春一起拉帮结伙,建立利益联盟,排除异己,在全国内大规模的违法裁员,曾经为蒂森做出重要贡献的老员工纷纷被强制解除合同,这种行为导致蒂升公司为此支付巨额赔偿款,同时因员工大量离职导致蒂升公司的活力遭到巨创,人心分崩离析,效率严重低下,徐红艳这种失败的举动导致蒂升电梯的业绩持续不断下滑。

      问题二:徐红艳任期内,因管理不当,导致安全事故频发,持续发生员工死亡事故的案件,如天津7.25事故导致一名22岁的年轻维保员工失去宝贵生命,直接原因是由于李晶煜的敛财利益链中,选用毫无工作能力的人员-边陲所致,徐红艳包庇李晶煜在天津7.25事故中的失职之责任,对李晶煜没有任何处罚,事后不反思,不整改,隐瞒事故真相,所以导致各地频繁发生安全事故,如佛山一起死亡案件,杭州发生的坠落死亡案件,天津的维保员工死亡案件,桂林发生二人坠落死亡案件,徐红艳任职期间发生这么高的死亡事故,几乎打破了行业的吉尼斯纪录,前所未有的管理混乱导致了前所未有的人道灾难。

     问题三:自徐红艳上任后,编造虚假数据欺骗投资方,花费高额公关费用为自己在各种媒体上露脸粉饰光环,一方面大把金钱用在各种网络上吹嘘自己,一方面通过律师事务所为自己删除负面消息,并支付给律师事务所高额的删稿费,徐红艳和李晶煜从来不解决实际问题,却专门解决提出问题的人,徐红艳的举动不仅使蒂升承受经济损失,而且于事无补,掩耳盗铃,导致蒂升陷入假大空的危机当中。

      问题四:徐红艳、李晶煜、沈奕春组成三人团伙,对内大搞帮派斗争,排挤并打压异己,建立属于自己的派系团伙,大搞权力垄断,例如为了让纪云鹏垄断南区市场,徐红艳辞退南区前任杨钧谦,由毫无工作能力的纪云鹏接管,导致南区陷入混乱局面,大量的客户流失,代理商怨声载道,纷纷转向竞争对手,徐红艳不仅违反公司合规,而且引起蒂升业绩严重下滑,至今南区仍是一潭死水,以上诸多系列问题,内部员工多次通过平台反映问题,最终都受到徐红艳的包庇袒护。

      问题五:徐红艳、李晶煜、沈奕春三人组成利益联盟,其中徐红艳和沈奕春负责批复极低的价格,由李晶煜负责在分公司套现,编造虚假代理商,套取巨额利润,例如沈阳分公司经理张汀就是一个明显的例子,张汀担任沈阳分公司经理期间,多次利用这种极低的价格折扣,通过沈阳红麟电梯公司套取大量现金,然后由李晶煜和沈奕春等人瓜分,这种事情在徐红艳任期内频频发生,导致蒂升公司利润出现严重损失。

     问题六:徐红艳任期内引发员工生存危机,徐红艳违法国家劳动法,违法开除哺乳期内的女员工,违法开除因病治疗的员工,违法开除即将退休的老员工,在全国范围内频频出现不执行法院判决结果的违法问题,拒不履行劳动仲裁结果,拒不支付法院判决的赔偿金等,徐红艳将法务部当做个人行事权力的工具,完全不遵守蒂升公司的合规程序,此举引发行业内的巨大反响,导致蒂升公司多年来在国内树立的信誉一败涂地,恶名远扬。

     问题七:徐红艳包庇李晶煜在北京地铁机场项目上虚设代理商,李晶煜巧立名目,私刻公章,私自变更图纸,伪造虚假文件,套取巨额代理费据为己有,李晶煜长期利用这种手段为自己疯狂敛财,徐红艳对举报李晶煜的邮件不闻不问,纵容包庇,同流合污,不仅如此,徐红艳还指使法务部为李晶煜删除举报材料,为虎作伥。

     问题八:徐红艳任职期间,与法务部vito张斌勾结,大肆掀起诉讼行动,不仅起诉客户,起诉代理商,还起诉蒂升内部员工,而且要支付出高额的诉讼费用,诉讼代理费远远高于市场价,这期间的巨额差价都被法务部vito张斌拿了回扣,徐红艳的这种失职行为,导致法务部变本加厉,只顾从中捞取钱财,不遵守国家法律法规,严重侵犯蒂升公司利益,破坏蒂升公司的社会形象。

     问题九:徐红艳及李晶煜团伙,长期利用安装分包敛财,其中北京的陈福开担任重要角色,陈福开在高速梯、地铁、机场等各大型项目上,虚构工程量,提高安装分包价格,然后再套取巨额利润,与李晶煜等人分赃,自徐红艳上任后,便与李晶煜一伙勾结在一起,不仅对李晶煜的行为大开绿灯,而且动用公关部为李晶煜删除稿件,员工发给徐红艳的举报邮件,也都石沉大海。

     问题十:徐红艳和沈奕春为了建立自己的利益联盟,开除了周建荣、张平等,破坏了之前蒂升多年积累的销售团队,拉拢了一大批完全不懂市场管理,不懂市场运营的嫡系人马,在蒂升中国区总部,徐红艳和沈奕春形成的权力中心,派系斗争盛行,工作能力强的人都被徐红艳和沈奕春给逆淘汰掉了,进一步导致销售业绩严重下滑,效率严重降低,远远落后于一线品牌三菱和通力,徐红艳的行为就是开倒车,徐红艳与李晶煜团伙勾结在一起,处处违反公司规章制度,导致蒂升的管理混乱,业绩下降,深陷泥潭不能自拔。

     问题十一:由于徐红艳的管理存在诸多问题,利润指标持续下降,为了维持账面上的虚假繁荣,徐红艳授意李晶煜拒绝支付代理商的代理费、质量保证金等,此举造成经销商资金回笼不足,经营困难等问题,其中哈尔滨分公司拒绝退还代理商的保证金,时间长达一年之久,这种做法在广大经销商群体中产生极坏的影响,徐红艳和李晶煜的这种做法违反了甲乙双方的合同约定,缺乏诚信,毫无契约精神,不仅会引发诉讼的法律风险,而且毁灭性的打击了其他经销商与蒂升的合作,这更进一步加剧了市场订单的极速减少。

     问题十二:徐红艳上任后,与李晶煜、沈奕春共同谋划了135敛财计划,和421行动方案,集中对南北经销商实施剪羊毛行动,这个举动的目的,就是把以前的老牌经销商撵走,再派自己的嫡系人马接管项目的利润空间,再集中进行瓜分敛财,已经有很多经销商在李晶煜的逼迫下都陆续退出销售蒂升产品,全部转向销售其他一线品牌,由昔日的蒂升代理商,变成如今蒂升的竞争对手,徐红艳和李晶煜对蒂升经销商的破坏,导致了蒂升大量的潜在客户丢失,市场反响很坏,导致蒂升电梯的订单持续下降,徐红艳和李晶煜等人对获取订单渠道的破坏程度,是前所未有的。

    问题十三:徐红艳指使李晶煜在天津7.25死亡事故中,对调查处理案件过程的政府人员进行贿赂,故意改变事故的性质,故意隐瞒事故起因,明明是电梯特种设备引起的死亡事故,李晶煜在徐红艳的授意下,通过行贿等违法手段,诱导政府人员将案件性质变成了一般性安全生产事故,以此来逃避政府的处罚措施,李晶煜在事故处理的过程中,与死者家属签署各种协议,掩盖事实真相,徐红艳和李晶煜的行为已经严重违反了蒂升的合规,严重违反了国家法律,远远超出人类的基本底线,极大的损害了蒂升的公众形象。

     问题十四:徐红艳上任之后,对蒂升电梯而言可以说无任何贡献,所有订单毫无例外的都是之前跟进的项目,只是在徐红艳上任后签订了合同而已,这并不能说明是徐红艳的功劳,因为电梯的特殊性,并不是马上报价马上就能签订合同的,往往要经历设计、规划、招投标等阶段,这一个时间跨度往往都是一年甚至几年之久,令人不解的是,在徐红艳上任后,虽然这些订单几乎和徐红艳没有半毛钱关系,但是徐红艳却大肆宣传都是自己的功劳,揽在自己名下大肆宣扬功绩,这是公然的弄虚作假和愚弄全体员工,徐红艳没有提升任何业绩,可以说是毫无建树,胸无点墨,而且嫉贤妒能,心胸狭隘,整天就是研究如何弄虚作假欺骗投资方,如何在媒体上吹嘘自己,徐红艳与李晶煜、沈奕春共同组成利益联盟,蝉食蒂升长期积累下来的那点家底。

     此公开信描述的内容,如能引起蒂升新任总裁Uday Yadav的重视,及时做出组织架构调整,及时清理掉李晶煜和沈奕春这类害群之马,或许蒂升还有可能从泥泞的路上慢慢的走出来,如果还是和以前一样,本文继续遭受到删稿和打压,那蒂升也只能继续默默地哀嚎下去,必将一步步的走向衰败,曾经的钢铁巨兽,在品牌出售之后也难逃衰亡的厄运,所有人都见证了徐红艳和李晶煜败家的过程,在蒂升走向衰败的路上,是由少数人的独断专行和多数人的沉默所导致的,没有谁是无辜的。

     以下为英文内容:

    An open letter to Uday Yadav, the new CEO of TK Elevator

 

   In May 2022, the performance of TK Elevator was already far behind the first-tier brands Mitsubishi and Kone, and at this time of internal and external difficulties, TK replaced the new CEO Uday Yadav in time, which made the employees in China, who had lost their confidence, seem to see some sort of hope again. If the new CEO can set things right and change the fate of TK China region, it can be regarded as a good news for employees. In order to realize this beautiful vision, all the new and old employees of TK are here to express their true thoughts and tell their expectations for changes in the status quo. So I have made a brief summary of the performances of Xu Hongyan, the head of China region, Shen Yichun, sales director, and Li Jingyu, manager of the northern region, and the impacts of their behavior on China region, all of which are described in this open letter to the new president of TK ELevator, Mr. Uday Yadav objectively the following:

    Problem1:Since Xu took office in January 2019, she has been ganging up with Li and Shen, establishing alliances of interest and excluding dissidents, and laying off employees on a large scale in violation of the law throughout the country, and old employees who once made important contributions to TK have been forced to terminate their contracts, which has led huge amounts of compensation for this, and at the same time, due to a large number of staff dimission, the vitality of the company has greatly damaged, people fell apart, and the work was massively inefficient, this failed move of Xu led to the continuous decline of TK Elevator's performance.

    Problem 2: During Xu’s term of office, her mismanagement led to frequent safety accidents and employee fatalities. For example, a 22-year-old maintenance employee lost his precious life in the 25th of July of accident in Tianjin, which was directly caused by Li's selection of the employee, Bianchui, who has no working ability in Li’s enrichment chain. Xu covered up Li's negligence in the accident, there was no punishment for Li, no reflection afterwards, no rectification, and concealment of the truth of the accident, which led to frequent safety accidents, such as a death in Foshan, a fall in Hangzhou, a death of a maintenance employee in Tianjin, and a fall of two people in Guilin. Such a high number of fatal accidents during Xu's tenure almost broke the Guinness record of the industry, and the unprecedented management chaos led to an unprecedented humanitarian disaster.

    Problem 3: Since Xu took office, she has fabricated false data to deceive investors, spent high PR fees to create a false aura in various media, spent a lot of money on bragging about herself on various networks on the one hand, and removed negative news for herself through a law firm and paid high fees for deletion on the other. Xu and Li never solved the practical problems but specialized in solving the people who raised the problems, Xu’s behaviors not only caused the company to suffer financial losses, but also did not help the situation and deceived herself, causing the company to fall into an impractical crisis.

    Problem 4: Xu, Li, and Shen formed a three-person gang to engage in gang struggles, crowd out and suppress dissidents, establish their own factions and gangs, and engage in power monopoly. For example, in order to let Ji Yunpeng monopolize the southern market, Xu dismissed the predecessor Yang Junqian of South Zone and was taken over by Ji who had no ability to work. As a result, the South Zone fell into chaos, a large number of customers lost, and agents a complained and turned to competitors. Xu not only violated the company's compliance, but caused a serious decline in the performance of the company. So far, the South District is still a pool of stagnant water. The internal staff reflected the above series of problems through a platform for many times, and they are finally shielded by Xu.

    Problem 5: The three people formed an alliance of interests, in which Xu and Shen were responsible for approving extremely low prices, and Li was responsible for cashing out in the branch, fabricating false agents and taking huge profits. For example, Zhang Ting, Shenyang branch manager, is a clear example, during Zhang’s tenure, he repeatedly took advantage of this extremely low price discounts to obtain a large amount of cash through Shenyang Honglin Elevator Company, and then divided it up by Li, Shen and others. Such things happened frequently during Xu’s tenure, resulting in serious loss of profits for the company.

    Problem 6: During Xu's tenure, there caused an existential crisis of employees, Xu violated the national labor law, illegally fired female employees during breastfeeding, employees who were treated for illness, and old employees who were about to retire, and frequently appeared in the country not to implement the results of court decisions on illegal issues, refusing to fulfill the results of labor arbitration, refusing to pay court-ordered compensation, etc. Xu used the Legal Department as a tool for personal power, and completely disobeyed the company’s compliance procedures, which caused a huge reaction in the industry and led to the loss of TK's reputation established over the years in the country, and became notorious.

    Problem 7: Xu covered up Li's false agents in the Beijing Metro Airport project. Li came up with any pretext, privately engraved official seals, changed drawings without permission, forged false documents, and obtained huge agency fees for her own. She has been using this tactic for a long time to collect money for herself. However, Xu did not care about the reporting materials for Li and connived to cover up for herself. In addition, Xu also instructed the Legal Department to delete the reporting materials for Li, which acted as an accomplice to the tiger.

    Problem 8: During Xu’s tenure, she colluded with Zhang Bin of the Legal Department to start a lawsuit, not only against customers, agents, and internal employees of TK, but also to pay high litigation fees, which were much higher than the market price, and the huge price difference was taken by Zhang. This dereliction of duty by Xu has led the Legal Department intensified, focusing only on making money from it, not complying with national laws and regulations, which seriously infringed on TK's interests and damaged its social image.

   Problem 9: Xu and Li's group have been using installation subcontracting for a long time to enrich themselves, with Chen Fukai in Beijing playing an important role. Chen has been faking the volume of work and raising the price of installation subcontracting on various large projects such as high-speed elevators, subways and airports, and then taking huge profits and sharing them with Li and others. Since Xu took office, she colluded with Li's gang and not only gave the green light to Li's actions, but also used the public relations department to delete the manuscripts for Li, and all the reporting materials sent by employees to Xu were received no response.

    Problem 10: In order to establish their own alliance of interests, Xu and Shen dismissed Zhou Jianrong and Zhang Ping, which destroyed the previous years of accumulated sales team, and attracted a large number of direct line of people who did not understand the market management or market operation. In headquarters of TK China, the power center formed by Xu and Shen, where fractional struggle prevailed, and those with strong working ability were eliminated by the two of them, which further led to a serious decline in sales performance and efficiency, and fell far behind the first-line brands Mitsubishi and Kone. Xu's behavior is to drive backwards. She colluded with Li's gang and violated the company's rules and regulations at every turn, leading to chaos in TK's management and a decline in performance, which led to a deep quagmire from which she could not extricate herself.

    Problem 11: Due to many problems in Xu's management, the profit index continued to decline, and in order to maintain the false prosperity on the books, she instructed Li to refuse to pay the agents' agency fees and quality deposits, which caused the dealers' insufficient funds and operational difficulties, among which the Harbin branch refused to return the agents' deposits for as long as one year. The behavior of the two of them has a very bad impact on the majority of dealers and violates the contract between Party A and Party B, lacks integrity and has no contractual spirit. It will not only cause legal risks of litigation, but destroy the cooperation between other dealers and TK in a destructive way , which further intensifies the rapid reduction of market orders.

    Problem 12: After Xu took office, she, together with Li and Shen, planned a 135-money plan and a 421-action plan to focus on the North and South dealers to implement shearing operations, the purpose is to send the old dealers away, and then send their own direct people to take over the project's profit margin, and then focus on dividing the money. Forced by Li, many dealers have successively withdrawn from selling TK products and turned to other first-line brands, turning them into competitors. The destruction of TK dealers by the two of them has led to the loss of a large number of potential customers and bad market response, which resulted in the continuous decline of TK Elevator orders. The destruction of access to orders by the two of them and others was unprecedented.

    Problem 13: Xu instructed Li to bribe government officials in the investigation and handling of the 25th of July of fatal accident in Tianjin, to deliberately change the nature of the accident and to conceal the cause of the accident. It was clearly a fatal accident caused by elevator special equipment, but Li, under the instruction of Xu, induced government officials to change the nature of the case into a general safety accident through bribery and other illegal means, so as to evade the government's punitive measures. Li signed various agreements with the family of the deceased to cover up the truth in the process of accident handling, and the behaviors of Xu and Li have seriously violated TK's compliance and national laws, far beyond the basic human bottom line, and greatly damaged the company's public image.

   Question 14: After taking office, Xu has made no contribution to TK Elevator, all orders without exception are the previous follow-up projects, but the contract was signed after she took office, which does not show that it is her credit. Because of the particularity of the elevator, the contract can not be signed immediately after quotation. It often goes through the stages of design, planning, bidding and so on, this time span is often a year or even a few years. What is puzzling is that after Xu took office, although these orders have almost nothing to do with her, she propagandized that they are all her credit and wantonly publicized her achievements under her own name. This is a blatant falsehood and fool all employees, Xu did not improve any performance, it can be said that she has made no achievements and unlearned, what’s more, she is jealous of talents and narrow-minded. All day is to study how to cheat investors, how to boast in the media, Xu, Li and Shen jointly form a coalition of interests, depleting the long-accumulated resources of TK Elevator.

   If the content described in this open letter can attract the attention of Uday Yadav, the new president of TK, to make organizational adjustments in time and clean up such black sheep as Li and Shen, TK may come out from the muddy road. If this article continues to be deleted and suppressed as before, then TK can only continue to silently wail, and will decline step by step. The steel giant that was once sold by the brand will not escape its demise. Everyone has witnessed the process of Xu and Li's defeat. On the way to the decline of TK, it is caused by the arbitrariness of a few and the silence of the majority. No one is innocent.

 

  以下为媒体的公开系列报道

 

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(责编:xiao0119)