European social law Cases
C1:
The answer is yes
The answer is based on article 15 subsection 1 sentence 1 TEU
According to this rule the following applies:
According to article 15 subsection 1 sentence I TEU. The European Council shall not exercise legislative functions. So, the European Council was not allowed to make a legislative proposal for the Parliament and the Council.
C2:
The answer Is yes
The answer is based on article 288 Subsection 2&3 TFEU
According to article 288, subsection 2 TFEU a regulation is directly applicable in all member states without any need for national legislation.
According to article 288 subsection 3 TFEU a directive is not directly applicable. The directive must first be implemented into national law.
In our case, Italy has violated the TFEU because it treated a regulation as a directive by implementing the regulation into national law.
C3:
The answer is Yes
The answer is based on the principle of limited powers and the article 153,subsection 5 TFEU
According to these rules the following applies:
The principle of limited powers means that, before the European Union may take action, it must ensure that it has been provided with the authority to do so by the Treaties. According to 153 sub 5 TFEU in the field of labor law the EU has no authority to regulate the “pay”.
C4:
The answer is NO
The answer is based on the principle of equality and the principle of supremacy. According to these rules the following applies:
The principle of equality prohibits any discrimination on grounds of sex. This principle is violated by German Constitution that does not allow women to join the army.
This principle means that in cases, where EU law and national law conflict, the EU law will take precedence with the consequence that the national law is not applicable in these cases.
The German constitution is not legible for the German Army, in so far, as the constitution prohibits female workers to join the army.
C5:
The answer is NO.
The answer is based on the right of the employer to issue directives to the employee and the article 4 subsection 1 BL
B is right insofar as he thinks that he has the right to issue directives to his employee. This right belongs to the legal sources of labor law. But this right must respect the regulations coming from other legal sources that are higher ranked.
According to article 4 subsection 1 BL the freedom of conscience shall be inviolable. That means that B has no right to force A to do a job that would violate his conscience.
C6:
The answer is NO.
The article is based on article 9 subsection 3 sentences 1 and 2 BL According to article 9 subsection 3 sentence 1 BL everyone has the right to form association to improve the working conditions. A trade union is such an association. According to sentence 2, an agreement that restricts this right shall be null and void. So the clause pre-formulated by B is invalid.
C7:
The answer is No
The article is based on section 4 subsection 1 sentence 1 and section 3 subsection 1 CBAA
According to section 4 subsection 1 sentence 1 CBAA a collective bargaining agreement applies with mandatory effect if both parties are bound by the agreement
According to section 3 subsection 1 CBAA that means that the employee is a member of the same trade union that concluded the agreement with the employer
According to the section 3 subsection 1 CBAA that means that the employee is a member of the same trade union that concluded the agreement with the employer. In our case we know about B that he concluded the agreement with the trade union IG Metall. About A we only know that he is a member of a trade union in Germany, but we cannot say that this union is the IG Metall. So A is not entitled in every case to 28 days of holiday according to the collective bargaining agreement.
C8:
The answer is No.
The answer is based on section 4 subsection 1 sentence 1 and section 3 subsection 1 CBAA
According to section 4 subsection 1 sentence 1 the CBAA a collective bargaining agreement applies with mandatory effect if both parties are bound by the agreement.
A is entitled to 28 days of holiday
The answer is based on the employment contract and section 3 subsection 1 FVA
According to these rules the following applies:
According to section 3 subsection 1 FVA the vacation amounts to at least day annually. That fits with the employment contract that gives A more than 24 days of holiday.
（原文蓝色）B is entitled to 24 days of holiday
The answer is based on section3 subsection 2 FVA
According to this rule the following applies:
According to section 3 subsection 1 FVA the vacation amounts to at least 24 days annually.
（原文黄色）C is entitled 32 days of holiday
The answer is based on the employment contract, section 3 subsection 1 and section 4 subsection 1 sentence 1 and subsection 3 CBAA
According to these rules the following applies:
According to the section 4 subsection 1 sentence 1 CBAA the a collective bargaining agreement applies with mandatory effect if both parties are bound by the agreement.
According to section 3 subsection 1 CBAA that means that the employee is a member of the same trade union that conclude the agreement with the employer. C is a member of the trade union that concluded the agreement with D. but in our case the employment contract gives C 32 days of holidays. Because this is more beneficial for C the employment contract applies according to section 4 subsection 3 CBAA.
C9:
The answer is Yes
The answer is based on section 77 subsection 3 sentence 1 WCA
According to section 77 subsection 3 sentence 1 WCA working conditions which are regaled by a collective agreement may not be the subject of a works agreement. As we know D is bound by a collective bargaining agreement that regulates the days of holiday. So a works agreement is not possible.
C10:
The employee is entitled to 22 days of holiday (in a five – day week)
The answer is based on the employment contract and section 3 FVA According to section 3 subsection 2 FVA the statutory law is based on a six- day (Monday to Saturday). So, a worker who has 24 days of holiday according to section 3 subsection 1 FVA is entitled to four weeks of holiday annually
In our case, the employment contract gives 22 days of holiday based on five-day week.
That means that the employee is entitled to four weeks and two days of holiday according to the contract. So, this rule applies.
C11:
The answer is Yes
The answer is based on article 9 subsection 3 sentences 1 and 2 BL and section 306 subsection 1 CC
According to article 9 subsection 3 sentence 1 BL everyone has the right Because B is using standard contracts with pre-formulated clauses the general rules regarding the review of standard business terms according to the Civil Law apply. In our case the rule according to section 306 subsection 1 CC applies: if a standard business term is ineffective, the remainder of the contract remains in effect. So, the employment contract between A and B is valid.
C12:
The answer is No.
The answer is based on section 307 subsection 1 sentence 1 CC
According to section 307 subsection 1sentence 1 CC a standard business term is ineffective if it unreasonably disadvantages the other party. In our case a penalty of 12 months’ salary is much too high for a violation of an employment contract with the legal consequence that the penalty clause is invalid.
Based on an invalid clause B has no right to sue A for a contractual penalty.
C13:
The answer is No.
The answer is based on section 306 subsection 2 CC
According to this rule the following applies;
If a standard business term is ineffective, section 306 subsection 2 CC has the following rules.
Where a provision is ineffective, the content of the contract shall be determined by the statutory law. But, as we know, there is no statutory provision about a contractual penalty in German Law. So, B gets nothing.
C14:
The answer is Yes
The answer is based on the legal source of company practice.
According to this rule the following applies:
The so called company practice is one of the legal sources of labor law. The company practice offers employees a basis for asserting claims which are not explicitly set forth in the employment contract.
Employee s’ right based o n a company practice can be created, if the employer repeats a certain action at least 3 times and the employee can conclude that the employer tends to continue such actions in the future. That’s the case here. So A is entitled to demand the bonus for 2017, too
C15:
-------------------------------------------------GETA----------------------------------------------
C16:
The answer Is No
The answer is based on section 2 subsection 1 no. 1, section 6 subsection 1 sentence 2, section 15 subsection 1 sentence 1
According to these rules the following applies
A is entitled to demand a monetary compensation according to section 15 subsection 2 sentence 1 GETA in the case of violation of the GETA.
To find out in a case if there is a violation of the GETA, the following three questions have to be answered:
1. Is the GETA applicable?
2. Are there any indications for a discrimination?
3. Is the employer able to prove that there is no discrimination?
To point 1: According to section2 subsection 1 no. 1 the GETA applies if conditions for access to employment are concerned. Because B is looking for an employee, that’s the case here.
According to section 6 subsection 1 sentence 2 the GETA applies to applicants for an employment relationship. But according to the opinion of the German Labor Courts –the applicants shall be “serious” applicants.
In our case, a “clean woman” applies for a job as an “engineer”. This is not a serious application. So, the GETA does not apply for A according to section 6 subsection 1 sentence 2 with the consequence that a violation of the GETA is not possible.
C17:
The answer is Yes.
The answer is based on section 1, section 2 subsection 1 No. 1, section 6 subsection 1 sentence 2, section 7 subsection 1, section 15 subsection 1 sentence 1 and 2, section 22 GETA
According to these rules the following applies:
E is entitled to demand a monetary compensation according to section 15 subsection 2 sentence 1 GETA in the case of violation of the GETA.
To find out in a case if there is a violation of the GETA, the following three questions have to be answered:
1. Is the GETA applicable?
2. Are there any indications for a discrimination?
3. Is the employer able to prove that there is no discrimination?
To point 1: according to section 2 subsection 1 No. 1 the GETA applies If conditions for access to employment are concerned. Because B is looking for an employee, that’ s the case here
According to section 6 subsection 1 sentence 2 GETA E shall be a serious applicant. As engineer E is a serious applicant.
To point 2: The facts that the employer B used the word “he” in his job ad, that he invited only men to the job interview and that he finally didn’t hire E but a male applicant are indications according to section 22 GETA for an adverse treatment on grounds of gender and therefore for a violation of section 7 subsection 1 and section 1 GETA.
To point 3: According to section 22 GETA the other party, here the employer B, has the possibility to prove that there was no violation of the GETA. In our case that’s an engineer and E was “evidently the best candidate for the job.”Because there is a violation of GETA B is obliged to pay an appropriate monetary compensation to E according to section 15 subsection 2 sentence 1 GETA. Because E was the best candidate for the job, the compensation is not limited to three months’ salary according to sentence 2.
C18:
The answer is No.
The answer is based on section 15 subsection 6 GETA
According to this rule the following applies:
According to section 15 subsection 6 GETA a violation of GETA shall not create a claim for the formation of an employment relationship.
C19:
The answer is No
The answer is based on section 1, section 2 subsection 1 No. 1, section 6 subsection 1 sentence 2, section 7 subsection 1, section 15 subsection 2 sentence 1 and 2, section 22 GETA.
According
X is entitled to demand a monetary compensation according to section 15 subsection 2 sentence 1 GETA in the case of violation of the GETA.
To find out in a case if there is a violation of the GETA, the following three questions have to be answered:
1. Is the GETA applicable?
2. Are there any indications for a discrimination?
3. Is the employer able to prove that there is no discrimination?
To point 1: according to section 2 subsection 1 no.1 the GETA applies if conditions foe access to employment are concerned. Because the hospital is looking for an employee, that’s the case here.
According to
According to section 6 subsection 1 sentence 2 GETA A must be a serious applicant. X and Y belong to the “qualified people” for the job. So both of them are serious person.
To point 2: the fact that the hospital used the words “female chief physician” in its job advertisement is an indication according to section 22 GETA for an adverse treatment on grounds of gender and therefore for a violation of section 7 subsection 1 and section 1 GETA.
To point 3: According to section22 GETA the other party, here the hospital has the possibility to prove that there was no violation of GETA. In our case the hospital easily can prove that is not discriminates men, because in the end of the day, the hospital hired a male applicant.
So, there is no violation of the GETA.
C20：
1.The answer is : No
2.The answer is based on : section 14 subsection 2a sentence 1 and section 16 sentence 1 PLTEA
3.According to this rule the following applies:
Section 16 sentence 1 PLETA has the following rules: if the fixing of the term is not legally valid, then the employment agreement with the limited term shall be deemed to have b been concluded for an indefinite period of time.
According to section 14 subsection 2a PLEAT, in the first four years after
C21：AS SAME AS C19
C22:
The answer is No.
The answer is based on section 1, section 2 subsection 1 No.1, section6 subsection 1 sentence 2, section 7 subsection 1, section 8 subsection 1, section 15 subsection 1 sentence 1, section 22 GETA.
According to these rules the following applies:
A is entitled to demand a monetary compensation according to section 15 subsection 2 sentence 1 GETA in the case of violation of the GETA.
To find out in a case if there is a violation of the GETA, the following three questions have to be answered:
1. Is the GETA applicable?
2. Are there any indications for a discrimination?
3. Is the employer able to prove that there is no discrimination?
To point 1: according to section 2 subsection 1 No.1, the GETA applies if conditions for access to employment are concerned. Because the prison is looking for an employee, that’s the case here.
According to section 6 subsection 1 sentence 2 GETA A must be a serious applicant. The director of the prison is looking for an employee that is “attentive and in good health”. There is no information that A has not these qualifications. The point 2:The fact that the director of the prison used word he in the job ad and that he only invites men to the job interview and that he finally hired a man are indications according to section 22 GETA for an adverse treatment on grounds of gender and therefore for a violation of section 7 subsection 1 and section 1 GETA.
To point 3: According to section 22 GETA the prison’s director has the possibility to prove that there was no violation of the GETA. In similar cases, labor courts in Europe decided that for a “prison for heavy and dangerous criminals” there is an occupational requirement according to article 8 subsection 1 GETA to hire male prison guards to watch and control these criminals
So the unequal treatment is justified with the consequence that there is no violation of CETA.
C23:
The answer is No.
To find out in a case if there is a violation of the GETA, the following three questions have to be answered:
1. Is the GETA applicable?
2. Are there any indications for a discrimination?
3. Is the employer able to prove that there is no discrimination?
To point 1: According to section 2 subsection 1 No.1 the GETA applies if conditions for access to employment are concerned. Because B is looking foe an employee, that‘s t he case here.
According to section 6 subsection 1 sentence 2 GETA serious applicants must be concerned. When B is searching a director for his agency by a job advertisement one can expect that serious perous interests in the job will apply. To point 2: the fact that B used the word “male” in his job as is indication according to section 22 GETA for an adverse treatment on grounds of gender and and therefore for a violation of section 7 subsection 1 and section 1 GETA.
To point 3: According to section 22 GETA B has the possibility to prove that there was no violation of the GETA. That is possible here. Because of the cultural, religious and legal background of Saudi Arabia, women are not allowed to do any job in the business area. It’s an occu pational requirement according to section 8 subsection to have a male director for his agency in Saudi Arabia.
SO the unequal treatment is justified with the consequence that there is no violation of the GETA.
C24:
The answer is No
The answer is based on section 123 subsection 1 CC
According to this rule the following applies:
According to Section123 Subsection1 CC, a person who has been induced to make a declaration of intent by deception may avoid such a declaration.
This applies also to a job interview, if an applicant does not say the truth in the job interview by answering an admissible question of the employer. But if he or she lies by answering an inadmissible question, there is no legal consequence for the applicant.
Admissible questions are only questions that are relevant to the future employment relationship and that do not discriminate or unduly investigate the applicant’s privacy.
So we must ask the question: Is A’s criminal conviction relevant foe the job in a finance department or not. If yes, the question is admissible and A shall tell the truth. If not, the question is inadmissible and A has the right to lie.
Because a conviction for drunk driving is not relevant for a job in the finance department, the lie has no legal consequences.
C25:
1）The answer is No.
The answer is based on section 611a and section 616sentence 1 CC. According to these rules the following applies:
According to section 611a CC the “no work no money” rule applies. But there are many exceptions of this rule in the statutory laws.
In our case there is no exception that can help A. section 616 sentence 1 CC doesn’t apply because A was prevented from performing work by snow fall, but not by a reason in his person. Without a legal exception th e “no work, no money” rule applies for A.
2）The answer is yes.
According to these rules the following applies:
The answer is based on section 611a and section 615 sentence 1 and 3 CC According to S611a CC the “no work no money” rule applies. But there are many exceptions of this rule in the statutory laws.
In our case there is an exception of this rule
According to section 615 sentence 1 and 3 CC, the employee shall not lose his claim to remuneration if he is prevented from working in cases in which the emp loyer bears the risk of the loss of work hours. That’s the case here. The functionality of the working tools is a typical risk of the employer. So A is entitled to get his remuneration for the two hours in which the business is shut due to the heavy snowfall.
C26:
The answer is Yes.
The answer is based on section 280 subsection 1 in conjunction with section 241 subsection 2 CC.
According to this rule the following applies:
If the employee braches such a duty and the breach of duty causes damage on the other side, a monetary compensation has to be paid by the employee according to section 280 subsection 1 CC.
According to section 241 subsection 2 CC employee A is obliged to protect the rights of the employer B including his interest in property. In our case A violated B’s property by spilling coffee on the server.
To protect the employees, the German Ferderal Court of Labor developed a three-stage-model of employee’s liability as follows:
1. The employee is not liable for slight negligence
2. In the case of ordinary negligence, the damage is shared.
3. In case of gross negligence and intent, the employee is, in general, fully
liable.
To take coffee or another drink into a server room is a typical case of gross negligence. So, A has to compensate the full damage of 500 Euro.
C27:
The answer is No
The answer is based on section 280 subsection 1 in conjunction with section 241 subsection 2 CC
According to
If the employee braches such a duty and the breach of duty causes damage on the other side, a monetary compensation has to be paid by the employee according to section 280 subsection 1 CC.
According to section 241 subsection 2 CC every party, ere the employee A, is obliged to protect the rights of the other party, here the employer B including is interest in property
In our case A violated the section 241 subsection 2 CC by damaging B’s double-decker bus wat leads to a liability according to section 280 subsection 1 CC.
To protect the employees, the German Federal Court of Labor developed a three-stage-model of employee’s liability as follows:
1. The employee is not liable for slight negligence
2. In the case of ordinary negligence, the damage is shared.
3. In case of gross negligence and intent, the employee is, in general, fully
liable.
For a professional driver, missing road signs is a case of gross negligence. So, normally, A would have to compensate the full damage of 50,000 Euro.
But in our case, also employer B violates section 241 subsection 2 CC, because he didn’t do enough to pr otect the financial interest of his employer A. Because the bus had an extraordinary high value, B was obliged to conclude an insurance contract. So A is only obligated to compensate a (small) part of the 50,000 Euro.
C28:
The answer is Yes
The answer is based on section 14 subsection 1 sentence 2 No.3 and section 15 subsection 2 PLTEA
According to this rule:
An employment agreement with a fixed term limited by purpose shall end upon achieving the purpose but not earlier than two weeks after delivery of the employers notification according to section 15 subsection 2 PLTEA.
In our case, C and E are concluding an agreement that is permissible according to section 14 subsection 1 sentence 1 No.3 PLTEA
So, everything is legal.
C29
The answer is Yes
The answer is based on section 14 subsection 2 sentence 1 and se16 sentence 1 PLTEA
Section 16 sentence 1 PLETA has the following rule: If the fixing of the term is not legally valid, then the employment agreement with the limited term shall be e=deemed to have b been concluded for an indefinite period of time
In our case, the agreement between A and E with a duration of two and a half tears violates section 14 subsection 2 sentence 1 PLTEA that gives a limit of two years. So, A is right.
C30:
The answer is Yes.
The answer is based on section 14 subsection 1 sentence 2 and section 16 sentence 1 PLTEA
According to this rule the following applies:
Section 16 sentence 1 PLTEA has the following rule: If the fixing of the term is not legally valid, then the employment agreement with the limited term shall be deemed to have b been concluded for an indefinite period of time.
In our case, the agreement between A and E violated section 14 subsection 1 sentence 2 PLETA, because section 14 subsection 1 sentence 2 PLTEA, because a fixed term agreement is not permissible if an employment relationship had previously existed. The first contract between A and B definitely ended on October 31, 2016. So, the “extension” that both parties agreed on November 1, 2016 was a new agreement from the legal point of view. Because that is not permissible, A is right.
C31:
The answer is Yes
The answer is based on section 14
In our case, the employment agreement concerning A with a duration of two and a half years violates section 14 subsection 2 sentence 1 PLTEA that gives a limit of two years. The fact, that there are two person, Band C, in the employer’s side does not change anything, because C as the new owner of B’s bookshop enters into the rights and obligations arising from the former employment relationship according to section 613a subsection1 sentence1 CC.
C20:
The answer is No
According to section 14 subsection 2a PLETA, inn the first four years after the formation of a company, the permissible limitation of the term of an employment contract according to the calendar goes up to four years. So, A is wrong.
(原文红色)Extraordinary dismissal: Section 626 subsection 1 CC
Ordinary dismissal: section 622CC, PANDA
C32:
The answer is Yes
The answer is based on section 626 subsection 1 CC
According to this rule the following applies:
According to the section 626 subsection 1 CC, for an exceptional dismissal it’s necessary to have 1. a compelling reason and 2. a consideration of the individual case. Typical compelling reasons are criminal offences with relevance foe the job, serious insults directed at the employer or a supervisor or acceptance of bribes.
A criminal offence with relevance foe the job here the thief of a product of the company, is typically a “compelling reason” for dismissal.
And, in our case, there is no other result by taking the individual case into account. A’s behavior, especially his planned action against the property of his employer, irreparably destroyed the sphere of trust between employer and employee. So the dismissal without a notice period is effective.
C33:
The answer is No
The answer is based on section 626 subsection 1 CC
According to this rule the following applied:
According to the section 626 subsection 1 CC, for an exceptional dismissal it’s necessary to have 1. a compelling reason and 2. a consideration of the individual case. Typical compelling reasons are criminal offences with relevance foe the job, serious insults directed at the employer or a supervisor or acceptance of bribes.
A’s behavior does not reach the level of a compelling reason. So, a dismissal without notice period according to section 625 subsection1 CC is not possible.
C34
The answer is No
The answer is based on section 1 subsection 1 and section 23 subsection 1 sentence 3 PAUDA
According to this rule the following applies:
The PAUDA applies if 1. The employment relationship at the employer’s establishment or the company has existed for longer than six months according to section 1 subsection 1 and 2. More than 10 staff are employed at the establishment according to section23 subsection1 sentence 3.
A’s employment has existed for longer than six months but there are not more than 10 employees working inn the law office( A +4 employed lawyers + 1 employed chancellery director + 3 employed older legal assistants +1 younger legal assistant=10 employees; the trainees does not count) So the PAUDA does not apply for A.
C35:
The answer is no.
The answer is based on section 1 subsection 1 subsection 2 sentence 1 and subsection 3 sentence 1and section 23 subsection 1 sentence 3 and 4 PAUDA According to this rule the following applies:
The PAUDA applies because 10,5 persons are employed now according to section 23 subsection 1 sentences3 and 4PAUDA
A’s dismissal is based on operational requirements which preclude the continued employment in the law office in accordance with section1 subsection 2 sentence 1 PAUDA. According to section1 subsection 3 sentence 1 PAUDA such a dismissal is held to be socially unjustified if, in selecting the employee, the employer has not considered the employee’s seniority, age, duties to support dependents and severe disability, in our case the social selection by the employer evi dently was wrong.so A’s lawsuit will be successful.
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https://www.sodocs.net/doc/0d6418637.html, Oliver Wyman Executive Management David Bliss Delta Organization & Leadership David Bliss leads Oliver Wyman’s Delta Organization & Leadership business and is based in New York. He has been with the firm for 19 years, working with boards, CEOs, and senior leadership teams on issues of significant strategic organizational change. He works in the areas of CEO succession, board effectiveness, large-scale change management, collaborative strategy development and implementation, organizational architecture, executive leadership, and governance. His clients have been in the telecommunications, high technology, financial services, media, and pharmaceutical industries. Before joining Delta, David spent 22 years at Xerox Corporation, where he held senior line and staff positions in sales, marketing, product planning and development, business unit management, and corporate strategy. David holds a B.S. in Marketing and Finance from Babson College and is a graduate of the Executive Program of the School of Organization and Management at Yale University. Partha Bose Chief Marketing Officer Partha Bose is the Chief Marketing Officer of Oliver Wyman Group, providing global leadership for the marketing functions within Oliver Wyman. He drives the firm’s collective efforts to build equity in the brand, and provides leadership to strategic and operational marketing activities across the business units and geographies. He is a member of the Oliver Wyman Group management committee. He also chairs the firm’s pro bono committee. Prior to coming to Oliver Wyman, he spent 18 years in leadership positions with leading professional services firms as a partner at McKinsey & Company in London and New York, where he was also the Editor-in-Chief of the McKinsey Quarterly, a senior partner at The Monitor Group in Cambridge, MA, and as global Marketing Director for Allen & Overy, one of the world’s largest law firms, based in their London headquarters. For three years he ran his own strategy consulting practice advising five of the world’s leading US and European law firms. Born in India, he holds a Bachelor of Engineering (Mechanical) degree from the M.S. University of Baroda, India, a Master of Science from Columbia University’s Graduate School of Journalism, and an MBA from the Massachusetts Institute of Technology’s Sloan School of Management. Jacques César Consumer & Industrial Value Transformation Jacques César leads Oliver Wyman’s Consumer & Industrial Value Transformation (CIVT) business unit, which comprises the B2B and B2C practices. Jacques has 21 years experience of consulting in the U.K., Continental Europe, and North America. He has led the development of Mercer's Value and Offer Engineering approaches and focuses on helping clients execute large-scale profit and sales improvement programs. Jacques graduated from the Ecole Centrale des Arts et Manufactures in Paris with a Master’s in science. He also holds a B.A. in economics from La Sorbonne and a joint M.B.A. from Institut Supérieur des Affaires, Paris, and Stanford University.
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目录一·简介 (一）时间地点 (二）愿景，重点，企业文化 (三）企业主管 (四）主要客户 二·360传播方案 （一）什么是奥美360度品牌 （二）奥美360度传播目标 （三）如何实现目标 （四）360度传播方案 （五）奥美360度品牌管家 （六）360度品牌传播途径三·360度经典案例——动感地带（一）动感地带2011年年度策 （二）动感地带品牌回顾 （三）动感地带市场分析 （四）我们的优势
（五）动感地带发展目标 （六）动感地带品牌发展思路 （七）动感地带品牌建设工作部署 （八）工作实行 四·总结 一．简介： (一)时间地点：1980年成立于美国纽约的奥美公共关系国际集团(简称：奥美公关) 是世界十大专业公关公司之一，它和奥美广告等姊妹公司分享同一 企业品牌。1995年开始在中国大陆设立分公司，目前已成为国内最 大的公关企业。 （二)愿景：被重视传播之道者所重视，成为客户的关键合作伙伴之一。 重点：我们的客户.在奥美公关，我们的成功用客户的成功和满意度来衡量 企业文化：“态度”、“关系网”、“勇气”、“创造力”、“机智”、“好奇 心”、“信任” （三）企业主管: 1. 奥美公关前任CEO 现任董事长玛莎——斯夫曼 * 她是奥美公关国际集团27年来不容置疑的当家人； * 她被权威机构评为“全球公关界50位最有影响力的女性”； * 她始终坚信真相决定企业成败；
* 她率先将数字化营销概念带给企业客户； * 她认为：“服务一流客户的前提是，首先将自己培育成一家持续进步的一流公司” 2. 奥美新任全球首席执行官--柯锐斯 * 一次“艾美奖”提名 * 亚洲《公关周刊》“2007年度公关风云人物” * 从亚洲公关大奖、“纽约电影电视节”和“亚洲电视大奖”等多个奖项中载誉而归（四）主要客户：大多为国际知名企业，包括：诺基亚；国际商业机器(IBM) ；联合利华；美林证券；陶氏化工；Asia Info ；福特汽车；苏格 兰投资发展局；辉瑞制药；百时美施贵宝；《商业周刊》会议部 等。 二．360传播方案 （一）什么（WHAT）是奥美360度品牌 【什么是360度】——1、表达了它的全面和完整，含概了品牌的六种资产：“产 品，形象，商誉，顾客，通路，视觉” 2．揭示了它是一个循环的过程：“检视品牌资产——确认 或定义品牌精髓——品牌精髓反映于所有传播工具——定 期追踪品牌状况”周而复始。 【什么是品牌】——大家都不陌生，简言之，工厂生产的是产品，消费者购买的是 品牌。直观的来说：可口可乐中99.7%都是糖和水，喝的是它 的品牌。 （二）奥美360度传播目标 【品牌写真】(BrandPrint):描述品牌个性 【品牌世界】(Brand World):通过各种接触点尽可发现品牌与客户/消费者之间的相互关系 【挑战】（Challenge）：从360度的角度发掘品牌面临的最大挑战 （三）如何实现目标 【品牌扫描】(Brand Scan):用360度的方法获取，整理，解析有关品牌的信息 【品牌检验】（Brand Audit）：懂得品牌与消费者之间独特的关系 【接触点】（Points of contact）：找到品牌可在消费者生活中得以强化的范围（四）360度传播方案： 【传播策略】：运用品牌扫描与检验，发掘企业品牌面临的最大挑战，定义品牌 --消费者联系，从而发展品牌IDEA，作为品牌策略贯穿整个活动。