CNDSN June 23rd (special commentator Xiao Xiao) direct sales staff in the market or suspected pyramid schemes, direct marketing companies have no responsibility? In accordance with the relevant provisions of the "direct management Ordinance", the direct selling enterprises of direct sales personnel illegal or involved in transmission is an important responsibility and a folk saying is the direct selling "sick", direct selling enterprises should "take medicine."

《直销管理条例》把直销员与直销企业的明确规定为“招募”关系，第三条指出：“本条例所称直销，是指直销企业招募直销员，由直销员在固定营业场所之外直接向最终消费者推销产品的经销方式。”什么叫招募？招募是征召募集的意思。“招募”一词古已有之，比如，汉朝应劭《风俗通·正失·淮南王安神仙》中说：“招募方伎恠迂之人，述神仙黄白之事”，宋朝苏轼《论役法差雇利害起请画一状》中也说：“议者多谓官若添钱招募，则奸民观望，未肯投名，以待多添钱数”。这里所说的“招募”就是征召募集。直销企业的直销人员也是征召募集的。直销企业招募直销人员，说明直销人员与直销企业两者之间是有法律意义上的劳资关系的。直销员与直销企业既然是劳资关系，直销员在市场上的违规或涉传的责任，直销企业应该主动担当。

Direct sales and direct selling enterprises defined as "recruit" relationship "direct management Ordinance", the three pointed out: "referred to in these regulations direct marketing, is refers to the direct selling companies recruit salespeople, salespeople in a fixed place of business outside to sell products directly to the final consumer distribution." What is recruiting? The recruitment is called to raise meaning. "Recruiting" word has existed since ancient times, for example, the Han Dynasty should be Shao the customs pass, is lost, Huainan Wang gods "said:" recruiting party Kabuki Guai roundabout, the gods of yellow and white thing ", song Su Shi's" on the service difference method employed interest please draw a "also said:" protesters multi predicate, Ruotian Qian Zhaomu, is crafty people wait and see, not willing to cast a pending add money number ". Here said the "Recruitment" is to raise. Direct selling personnel is recruited to raise. Direct marketing companies to recruit direct sales staff, the direct sales staff and direct business between the two is a legal sense of the labor relations. Direct marketing staff and direct sales companies since it is labor relations, direct sales staff in the market or related to the responsibility of the violation, direct marketing companies should take the initiative to play.

现在，有的直销企业对直销员的违规或涉传往往采取避而远之的态度。比如，直销员由于违规或涉传被工商、公安查处，有的直销企业就干脆不予理睬，说什么“这不是企业的直销员”、“他们是冒充企业的直销员”，根本不配合工商、公安部门的查案。这是一种极不负责任的态度。我们认为，根据《直销管理条例》的规定，只要参加了直销企业的销售工作，企业也给了直销人员的报酬，即使没有签订招募协议，在法律上已成了事实上的契约关系，当然是直销企业的直销员。这些直销员一旦在市场上违规或涉传，直销员本人当然要负责任，但直销企业也有根本推辞不了的责任。所以，当直销员在市场上违规或涉传，直销企业千万不能与直销员“划清界限”，把责任全推给直销员。要知道，直销员违规或涉传后，即使直销企业声称“这不是企业的直销员”、“他们是冒充企业的直销员”，但只要工商、公安部门深入调查，这样的撇清是徒劳的，直销企业该承担的责任还是要承担的。因此，把责任全推给直销员，不仅违背直销法规的有关规定，而且还会伤了直销人员对企业的感情，以后还有谁来当直销员？

Now, some direct selling companies in the direct sales staff of the illegal or involving the transfer of often take a long way to avoid the attitude. For example, salespeople because of illegal or involved in transmission is industry and commerce, public security investigation, some direct selling enterprises simply ignored, what to say "this is not the business of salespeople," they are posing as business of salespeople, simply do not meet industry and commerce, public security departments of the investigative. This is an extremely irresponsible attitude. We think, according to the provisions of the "direct management Ordinance", as long as in the sales of direct selling enterprises and enterprises to the compensation of direct sales personnel, even without the signing of the recruitment protocol. In the law has become the de facto contractual relationship is, of course, direct selling enterprises salespeople. These salespeople once in the market illegal or involved in transmission, salespeople, I of course responsible, but the direct selling enterprises also have the responsibility of the fundamental can not refuse. So, when direct sellers in the market irregularities or involved in transmission, direct selling enterprises must not and salespeople "draw a line", the responsibility to the salespeople. You know, salespeople violations or involving biography, even if direct selling enterprises claimed that "this is not the business of salespeople," they are posing as business of salespeople, but as long as the industry and commerce, public security departments in-depth investigation, such skimming is futile, direct selling enterprises should bear the responsibility or to bear. Therefore, the responsibility of the whole push to direct sales staff, not only against the relevant provisions of the direct selling regulations, but also hurt the feelings of the direct marketing staff to the enterprise, then who will be the direct sales staff?

So, the direct sales staff sick, direct business on the medicine, take the initiative to check the implementation of direct selling regulations, to prevent the direct sales of illegal or involving the case again. First of all, can not recruit direct sales staff. "Direct management Ordinance," the provisions of Article 16, the direct selling enterprises and their branches recruit direct sellers shall sign sales contract with, and to ensure that salespeople only in the a branch is located in the province, autonomous region, municipality directly under the central government administrative region has set up service outlets in the area to carry out direct sales activities. Any person who has not signed a sales contract with a direct selling company or its branch office shall not engage in direct selling activities in any way. Now, a number of direct sales companies to a large number of direct sales staff rarely signed a recruitment agreement, and so on a problem on a push six two five, the responsibility to push all the direct sales staff. This situation must be changed, the direct supervision departments must be careful of the recruitment of direct marketing companies to make a careful investigation, found that the problem is ordered to rectification. Second, ask the seller to sell products legally. Direct sales to consumers to promote their products, shall abide by the following provisions: produce salespeople and sales contract; without the consent of the consumer, are not allowed to enter the residence of a consumer forced to sell the product, consumers are demanding the stop selling activities shall immediately stop, and leave consumers live; before the transaction, to consumers details of the enterprise to return the system; after the transaction, to consumers provide invoices and containing return system, direct selling enterprises local service network address and phone number and other content sales voucher issued by direct selling enterprises. Third, the direct selling enterprises should strictly according to the provisions of the direct payment of the seller. "Direct management Ordinance" provides that: "direct selling enterprises pay to payment for salespeople can only be in accordance with the salespeople, I direct to consumer products sales revenue calculation, the total compensation (including commissions, bonuses, various forms of incentives and other economic benefits, etc.) shall not exceed straight pin member I direct to consumer product sales revenue of 30%." As long as the payment is strictly according to the provisions of the direct payment, to reduce the violation or the case involving the transfer.

直销员“生病”，企业该“吃药”，这要成为规矩。以后，对直销员“生病”多的直销企业，直销监管部门要多给他们“把脉”，给他们下“猛药”。只有这样，才能减少直销员的“生病”，减少直销企业的“吃药”，整个直销行业也就能健康发展了。▲

Direct sales staff is sick, the enterprise should take medicine, which should become a rule. , the sellers "sick" of direct selling enterprises, direct supervision departments to give them "pulse, gave them the" illness ". Only in this way can reduce the direct sales of the "sick", reduce the direct business of "medicine", the whole direct selling industry can also be healthy development. 3

责任编辑：小申

Editor: small Shen