Run a profitable clothing store

Chapter 5 Clothing store opening preparations (5)
Due to the low entry threshold for housing intermediaries, some entities without business qualifications are also mixed in, and the service quality they provide is not good, resulting in frequent disputes; secondly, there is no unified and standardized system in the housing intermediary industry Agreements or contracts, the agreements or contracts provided by intermediaries on the market often have problems such as evading their own responsibilities and failing to effectively restrain and fulfill the rights and obligations of all parties.Therefore, shopkeepers should raise awareness of self-protection and legal awareness, avoid signing contracts hastily, and resolutely reject unqualified intermediaries or unreasonable or unequal agreements and contracts.

Understand the relevant knowledge of labor contracts

Here mainly introduces the specific terms of the labor contract, and briefly explains the invalid contract, modifiable or revocable contract, and when one party to the contract fails to perform the contract.

1. The labor contract must have clauses
If a shop operator needs to hire shop assistants to manage and look after the business, a labor contract must be signed between the shop owner and the employees to regulate the labor rights and obligations of both parties.This has to understand the relevant knowledge of the labor contract.According to the "Labor Law of the People's Republic of China", the labor contract must have the following clauses:

(1) Term of the labor contract: The term of the labor contract means that the signed labor contract is a labor contract with a fixed term, no fixed term, and a labor contract with a term to complete a certain job.If it is a labor contract with a fixed term, it should be agreed that the term is one year or several years.

(2) Job content: Job content refers to the work that the employer arranges for the laborer to do, and is the main content of the labor obligations that the laborer should perform as determined in the labor contract.Including the position where the laborer is engaged in the labor, the nature of the work, the scope of the work, the effect and quality indicators to be achieved by the labor production task, etc.

(3) Labor protection and working conditions: Labor protection and working conditions refer to the production, working conditions and labor safety and health protection measures that the employer must provide for the labor performed by the laborer as agreed in the labor contract.That is, the basic requirements for the employer to ensure that the laborer completes the labor task and the safety and health protection during the labor process.Including workplaces and equipment, labor safety and sanitation facilities, labor protection articles, etc.Employers must not only provide workers with necessary working conditions and labor protection, but also must provide labor safety and health conditions and labor protection that comply with state regulations.

(4) Labor remuneration: Labor remuneration refers to wages paid to laborers in currency by employers based on their labor positions, skills, and work quantity and quality.Including the amount of salary, date of payment, place of payment, etc. and other social insurance (pension, unemployment, medical, work-related injury, maternity, etc.) benefits.The content and standard of labor remuneration shall not be lower than the provisions of national laws and administrative regulations, and shall not be lower than the provisions of the collective contract.

(5) Labor discipline: Labor discipline refers to the labor rules that laborers must abide by in the labor process, and it is the code of conduct for laborers.The labor discipline of the labor contract includes national laws, administrative regulations, factory regulations and disciplines formulated by the employer, and personal disciplinary requirements for employees.Such as commuting system, work system, post discipline, reward and punishment conditions, etc.

(6) Termination conditions of the labor contract: The termination conditions of the labor contract refer to the objective requirements for the termination of the labor relationship, that is, the factual reasons for the termination of the labor contract.The labor contract termination conditions stipulated in the labor contract generally refer to the conditions for the termination of the labor contract negotiated and determined by the laborer and the employer in addition to the conditions for the termination of the labor contract stipulated by national laws and administrative regulations.Especially when signing an open-term labor contract, both parties should agree on the conditions for the termination of the labor contract.

(7) Liability for breach of the labor contract: During the performance of the labor contract, one party intentionally or negligently violates the labor contract, resulting in the failure to perform the labor contract normally and causing economic losses to the other party.The liability for breach of the labor contract stipulated in the labor contract generally refers to the content that is not clearly stipulated in the national laws and administrative regulations on breach of contract. responsibility under the regulations.

2. Void contract
When opening a store and doing business, when the buyer and the seller cooperate, it is the most common way to bind both parties to perform the contract by signing a contract.Therefore, the store owner has relevant knowledge about invalid contracts.It means that although the contract is established, it is invalid because it violates laws, administrative regulations, and social public interests.

It can be seen that an invalid contract is a contract that has already been established, a contract that lacks the requirements for becoming effective, and a contract that is not legally binding and not protected by national laws.An invalid contract is invalid from the beginning, but some clauses are invalid, which does not affect the validity of the rest.

3. Changeable or revocable contract
A modifiable and revocable contract is a contract for which the parties have the right to appeal to a court or an arbitration institution for modification or rescission based on statutory reasons.

For a contract that is modifiable or revocable, the parties have the right to appeal to the court or an arbitration institution for modification or rescission. If a party requests modification, the people's court or arbitration institution shall not revoke it.

The right of rescission is the right of the rescission right holder to unilaterally express the right to invalidate the contract and eliminate the past.Due to the different reasons for revocation, the right of revocation is also different.In a major misunderstanding, the person who misunderstands is the holder of the right of revocation; in the case of obvious injustice, the person who suffers the obvious injustice is the holder of the right of revocation;The right to revoke is a "right to appeal" and can only be exercised through a court or an arbitration institution.

There are two situations for the extinction of the right of revocation: the party with the right of revocation fails to exercise the right of revocation within one year from the date when the party with the right of revocation knows or should have known the reasons for revocation; .

4. When one party fails to perform the contract

In daily life, there are always people who promise things but don't keep them.The same is true for opening a store and doing business. It is inevitable that the partner will not perform the original contract due to various reasons.If we are familiar with relevant legal knowledge, we can use legal weapons to restrict each other.

Our country's law stipulates: If one party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.and defined it in detail.

Only by avoiding risks can we be invincible
Many people complete the first step of starting a business by investing in clothing, because it is less risky, less investment, and easy to complete the primitive accumulation of capital.Clothing enterprises rely on product value-added to reflect profit points.How to avoid unplanned loss and uncertain loss in the process of value-added is the top priority of establishing a brand enterprise.

以一般的品牌零售商来计算，一件短大衣的直接成本是这样构成的，面料：60×1.3米=78元；铺料（胶、衬、扣等）：20元；人工：18元；含税直接成本为：78＋20＋18=116元。这其中未含：企业管理和经营费用均摊、低值易耗品均摊、库存损失折价和利息。而一般品牌公司的定价模式是用直接成本平均加价率。比如上面的产品按550%的加价率来定价，得到116×5.5=638元。中国的大多数品牌零售企业中均按此方法定价，变化也只在于根据个人感觉进行加价率调整。最后，形成了中国服装零售行业价格的普遍规律。

In the retail state, the value-added part expected to be realized by the enterprise is 638-116=522 yuan.And the realization of this part of value-added is not easy.Then, in order to realize this part of value-added, enterprises need to do the following:
1. Financial risk
(1) The capital circulation is smooth.The turnover of capital in the clothing industry is relatively slow. Now it is generally used to calculate a large capital cycle every three months. Operators should split a large capital cycle into many small capital cycles.For example, the rapid pursuit of orders for best-selling styles, the spot purchase of some temporary matching products, etc., have all led to an increase in the efficiency of capital use.

(2) Improve effective product inventory rate.All those who deal in clothing know the fact that in order to make money in the clothing business, the most important thing is to provide sufficient products that sell well, and to dispose of slow-moving products quickly.The former is the key to success, the latter is the cause of failure.Only companies with an effective inventory rate of over 30% can achieve success in the retail sector.

On the counter, the clerk likes to sell the best-selling styles. Therefore, the best-selling styles every year are often worn by models.However, this style is also the fastest to break the number.When many customers come to buy excitedly, but find that they do not have their own numbers, at this time, you have actually lost the chance to make profits.Therefore, what modern marketing emphasizes is not the absolute value of each counter's inventory, but the effectiveness of the inventory.

(3) Minimize the discount rate of shopping malls.Generally speaking, no matter how strict a shopping mall is, the deduction rate will fluctuate by 5% to 15%, and this part of the fluctuation is signed before the opening. Smart businessmen will use various methods to reduce the deduction rate in the contract.For example, the average rebate rate of a high-end shopping mall in Shanghai is 30%. If we reduce the rate to 28%, if the annual turnover is about 200 million yuan, the annual net profit will increase by 4 yuan, accounting for 3.9% of the total gross profit increase. %, 11% of direct costs.

2. Tax and legal risks

In the process of opening a store, the owner is easily blinded by money and interests, and accidentally falls into the illegal ditch. The most common thing is that legal tax avoidance often turns into tax evasion, or even serious tax resistance. The work has caused distress and has greatly damaged the store's reputation.The owner of the shop must not destroy the bright future of the shop because of small losses.

(1) Tax evasion.There are many ways to evade taxes. Commonly used methods mainly include taxpayers forging, altering, concealing, destroying account books and other accounting vouchers, listing more expenses or not listing or underlisting income in the account books, or using false tax payments. Declaring the means, failing to pay or underpaying the tax payable, etc., violated the relevant laws and constituted tax evasion.If the taxpayer's tax evasion amount should account for more than 10% of the tax payment and the tax evasion amount is more than 1000 yuan, and the taxpayer has been punished by the tax authority for tax evasion twice and then evades tax, the tax authority shall, in addition to recovering the tax evaded by him, Hand over to the judiciary and punish in accordance with the Supplementary Provisions on Punishment of Tax Evasion and Tax Resistance Crimes; if the amount of tax evasion is less than 1000 yuan or the amount of tax evasion accounts for less than 10% of the tax payable, the tax authority shall, in addition to recovering the tax evaded, impose tax evasion depending on the circumstances. A fine of less than 5 times the amount.

(2) Anti-tax.Tax resistance is also a relatively common tax misunderstanding.Tax resistance is the refusal to pay taxes by means of violence and threats.If a taxpayer commits tax resistance, in addition to being pursued by the tax authorities to pay the tax he refuses to pay, the judiciary shall impose a fine of not more than five times the amount of the tax resisted and a fixed-term imprisonment of not more than 5 years; if the circumstances are minor and do not constitute a crime, the tax authorities shall The agency pursues the tax payment and imposes a fine of not more than 3 times the tax payment.In case of serious injury or death caused by violent tax resistance, in addition to a fine of less than 5 times the tax resistance, the crime of injury and homicide shall be punished more severely.

(3) Evasion of tax arrears.In order to avoid paying due taxes, many people adopt means of transferring or concealing property, which makes it impossible for the tax authorities to recover the owed taxes.If the amount is more than 1000 yuan, in addition to recovering the owed taxes by the tax authorities, they will also be punished in accordance with the provisions of Article 1000 of the Supplementary Provisions on Punishment of Tax Evasion and Tax Resistance Crimes; if the amount is less than 5 yuan, the tax authorities will recover the outstanding taxes Taxes, a penalty of not more than [-] times the tax owed.

3. Partnership risk
Pay special attention to this point: you need to be cautious when opening a joint venture.Some people have the ambition to open a clothing store and are very familiar with the clothing industry, but they have insufficient funds. At this time, they can consider finding a like-minded partner.With two people in partnership, capital is not a problem, and the risk of opening a store is also reduced to a certain extent.

However, the choice of partners must be prudent. They should be able to trust each other and have a common entrepreneurial goal.As the saying goes, brothers have to settle accounts clearly.No matter how close the relationship is with friends, they must first be a villain and then a gentleman.The responsibilities, rights, and benefits of both parties must be clearly planned in advance. The more detailed the division, the better. It is best to write it clearly in writing to avoid disputes in the future.The reason why the division is so clear at the beginning is that there is a bad phenomenon in Chinese enterprises: partners often share joys and sorrows when starting a business, but as long as the enterprise develops and grows, conflicts will arise.It is in line with the vicious circle of "we can share adversity, but we cannot share wealth".This is a question that must be considered when starting a partnership.

In addition, some rules and regulations must be formulated when opening a store in partnership, especially the financial system.Once it is decided to open a store in partnership, the funds contributed by the investor will belong to the enterprise, and the use of funds must be strictly in accordance with the financial system.

(End of this chapter)