Zong Fuli has requested the Supreme People's Court to expedite the handling of the case related to the employee stock ownership association in accordance with the law | Key Events by Jinke
Text | Xie Yunzi
36Kr has exclusively learned that on August 27th, regarding the case surrounding the 24.6% equity of the employee shareholding association of Hangzhou Wahaha Group, Zong Fuli herself has submitted complaint and reporting materials to relevant departments such as the Supreme People's Court and the Supreme People's Procuratorate of the People's Republic of China, requesting that the case be expedited in accordance with laws and regulations to safeguard the legitimate rights and interests of the enterprise and promote a fair resolution of the issue.
The aforementioned case is that after Zong Qinghou's death, some retired and former employees suddenly objected to the repurchase agreement they signed in 2018 through legal proceedings. Wahaha's legal department stated that from the perspective of Wahaha Group and the shareholding association, the share repurchase in 2018 was supported by agreements signed by the parties involved, videos, and transfer vouchers. The facts are clear, and the plaintiffs' legal claims lack factual and legal basis.
A former Wahaha employee once told 36Kr that after Zong Fuli took over the company, she required employees to re - sign their labor contracts with the "Hongsheng Group". Some former employees initiated a class - action lawsuit due to issues related to the share repurchase price and labor contract changes. Public information shows that the incident entered the judicial process in September 2024.
According to the above - mentioned employee, Wahaha has repurchased shares more than once, but he described the 2018 repurchase as a "forced repurchase".
"In 2018, the company 'forcedly repurchased' the shares of employees in the shareholding association at a price of 2.1 yuan after tax. As a result, a large number of senior employees and regional managers in the sales team left. During Zong Qinghou's lifetime, due to his charisma, employees did not make a big deal out of this. The root cause lies in Zong Fuli's failure to handle the relationship with senior employees well. When sales were difficult, there was negative growth, and even the basic salary had to be deducted."
Regarding the issue of the employee shareholding association, Dong Yizhi, a lawyer from Shanghai Zhengce Law Firm, told 36Kr that since Wahaha has the nature of a state - owned enterprise restructuring, the employee shareholding association itself is also part of state - owned assets, and historical legacy issues are relatively sensitive. "Legally, employees in the shareholding association have the right to claim their rights, but in the later judicial process, the corresponding rights still need to be determined."
According to Aiqicha, Hangzhou Wahaha Group Co., Ltd. is currently jointly held by three shareholders: Zong Fuli, Hangzhou Shangcheng District Cultural, Commercial and Tourism Investment Holding Group Co., Ltd., and the employee shareholding association, with respective shares of 29.4%, 46%, and 24.6%.
Previously, Jiemian reported that Wahaha's legal department stated that Zong Fuli is the only member of the joint committee of the grass - roots trade unions of Wahaha Group Co., Ltd. Due to the existence of a lawsuit, the industrial and commercial change registration has not been completed.
In August this year, the High Court of Hong Kong made a judgment on the "trust" case involving Zong Fuli and her three siblings, announcing that Zong Fuli is prohibited from withdrawing or transferring funds from the Hong Kong HSBC Bank account of Jianhao Venture Capital. The injunction remains in effect until the lawsuits in the Hangzhou Intermediate People's Court and the Zhejiang High - level People's Court reach a final ruling.
Wahaha's legal department also emphasized that Du Jianying (the mother of the three siblings) did not make any claims regarding the equity of Wahaha Group in the case at the Hangzhou Intermediate People's Court. The 29.4% equity of Wahaha Group that was originally directly held by Zong Qinghou was clearly bequeathed to Zong Fuli 100% through a notarized will, and the industrial and commercial change registration has been completed.
In other words, the issue of the equity ownership of Wahaha's employee shareholding association will determine whether Zong Fuli becomes the largest shareholder of Wahaha Group.
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