Maintain a “polite attitude” while the contract lasts and also when it ends, “without time limitation”. Do not post any negative comments about the company on social networks or chat groups while the contract lasts and also when it ends, “without time limitation”. Seek and ensure that “family, friends and people related by kinship, affinity or friendship” comply with all of the above … without time limitation. Do not give the name of the store you work for or the products you sell. Without time limitation.
The Spanish dropshipping teen guru deceives hundreds of customers and sells them Chinese sandals
In exchange, a customer service job paid at 7 euros an hour in the form of an invoice, as a collaboration. It is a salary lower than the one fixed in the minimum wage, of 7.43 euros gross per hour (amount that includes the contribution to Social Security, which in the case of the self-employed person is at his own expense). And that the company, according to the data of its founder because it has never submitted accounts, manages profit margins of 25% and a turnover of one million euros.
These are the conditions that the young Josef Brocki, creator of Cisnem, an ‘online’ store of sandals that are sold on Aliexpress and that accumulates claims, sets for the position of “virtual assistant”. Several clauses of the confidentiality contract that requires signing are abusive, according to legal sources.
“I am enrolled in Workana, a ‘freelance’ work platform. You sign up and the companies contact you. It was very fast: he contacted me on a Wednesday and on Friday he gave me the contract. I saw him and I told him it was outrageous,” she says. Inma Alcaraz, an experienced e-commerce worker who collaborated for one day with Brocki’s store. “She asked me what the reasons were and I told her to change many clauses. How is she going to force my family not to speak ill of the store for life?”
The worker sent an email to leave in writing that the collaboration ended, for which she did not get paid. Asked by this newspaper, Brocki says that “we have never maintained, nor have we intended to maintain, any employment relationship” with the person who has provided the agreement to elDiario.es. It does not deny that this contract exists or that it was drawn up by Evolve Media SL, the company responsible for Cisnem.
“There are many things that are abusive, even for a commercial contract,” says attorney Samuel Parra. “It is true that the duty of confidentiality can be extended even when the business or employment relationship ends, but in a very limited way to very specific data.”
Regarding the clause that family or friends do not speak ill of the company on social networks, Parra considers that it is null. “You can not force such a thing. The ‘without time limitation’ does not fit in any of the cases in which it is mentioned. For example: maintaining an educated attitude with the company is correct while the collaboration lasts, but once finished it is up to each one to be educated or not, because there is no longer any connection “.
For the lawyer, it is “excessive” to prohibit the disclosure of the name of the stores or products. But it is part of Brocki’s modus operandi, as he explained to this newspaper himself. “For privacy reasons, I don’t want it to be known,” he said. For now, the young man has had to admit that he is responsible for Cisnem and has changed the terms and conditions of the page to comply with Spanish law. Another of its stores, Auromi.com —with the domain registered to its name— still does not report which company is behind it. Auromi sells all kinds of products for the house, from a soap dispenser for 40 euros to a few ‘tuppers’ for 18.
“Withholding the pending amounts is also abusive. You must pay what corresponds and then claim the damages through the appropriate route,” continues Parra. “The main problem with that confidentiality agreement is that it does not detail what Evolve Media considers confidential.”
When asked about this question, Brocki indicates that they understand as confidential “all the information provided” by the “issuing party” to the “receiving party” regarding “businesses, customers, suppliers, operations, computer systems, ‘know-how'” and a long etcetera. Coincidentally, his answer is a paragraph that appears in a confidentiality and nondisclosure contract of Talgo available on the internet (Point 2).
Brocki, who also sells dropshipping courses, explained to elDiario.es that Cisnem’s delays were due to the health crisis, which has slowed shipments worldwide. Also that his future idea was to set up a store “in Castellana” and not sell only online, an idea that he transferred to Alcaraz when they negotiated the salary.
“I was asking 9 euros an hour at Workana. He left the platform and said that we were talking to each other. I asked him for 10 and he said it was too much. He said we were going to be partners, that I would be his manager because he had thought set up a chain in Madrid. After three months we would talk again, “concludes the worker. “I was freaking out. But in the end he got a little cocky and I thought: I’m not going to waste any more time with you. It was just one day, but very intense.”