How To Save A Company From Fraud If It Is Dereliction Of Duty?

The applicant claimed that the applicant worked in the respondent's office in December 9, 2013 and the monthly salary was 2850 yuan, and the two sides signed a written labor contract.

In July 24, 2015, a person claiming to be a good friend of the chairman of the company asked the applicant to send the company's personnel information to him through the Internet chat tool QQ. Afterwards, he was told that the person was a fake and the information was fraud information.

On the grounds of this, the respondent made a fine of 5000 yuan and refused to deal with it, and the fine of 5000 yuan was deducted from the wages payable to the applicant.

The applicant considers that the company's fines and penalties are illegal and should be returned to the penalty amount. The applicant's dismissal and violation of the relevant provisions of the labor contract law should pay the applicant's financial compensation.

Therefore, he appealed to the Panjin labor dispute arbitration committee to request the award of the respondent: 1. pay the economic compensation for the applicant's illegal termination of the labor contract.

2. refund of residual wages in arrears of 5000 yuan.

The applicant argued that the applicant was seriously dereliction of duty in his work and disclosed "company personnel information" to the unidentified person. According to the relevant regulations, it is lawful to terminate the labor relationship with the method of "persuaded to retreat".

The law does not prohibit employers from punishing their employees for negligence, and the applicant is not offending the applicant for a fine of 5000 yuan.

1. is the applicant being responsible for the fraud of the applicant's company due to his dereliction of duty? Is the applicant liable for the termination of the employment relationship?

2. is the applicant fine for the applicant?

After a court hearing, a labor dispute arbitration committee of a county in Panjin found that the applicant was working in the respondent's office in December 9, 2013, and the position was deputy director of the office, with a monthly salary of 2850 yuan.

Huang, who did not verify the true identity of the other party, directly sent the information of the unit to the other party, which played a certain role in the event of being swindled by the applicant.

In August 12, 2015, the respondent issued a decision on Hwang's punishment, and imposed a fine of 5000 yuan on the applicant Huang.

Among them, a fine of 5000 yuan was deducted from the wages owed to Hwang. Apart from this 5000 yuan, the remaining arrears of wages have been paid to the applicant.

In August 13, 2015, the two sides signed an agreement to terminate labor relations.

The arbitral tribunal held that the applicant's employment relationship with the applicant was due to the fact that the applicant was negligent in his work and did not belong to the illegal dissolution of labor relations, so the respondent did not pay the applicant's financial compensation.

In the process of being swindled by the applicant, the applicant is not the main responsible person, and the two parties' labor contract does not stipulate any compensation for economic losses. The respondent should refund the fine to 5000 yuan.

Therefore,

According to the provisions of the thirty-ninth, forty-sixth, forty-eighth and eighty-seventh articles of the labor contract law, the Arbitration Commission awards the following:

1. The applicant shall not support the applicant's claim for economic compensation.

Two, the respondent returned a fine of 5000 yuan.

This case is a dispute arising from the dereliction of duty of the applicant, the company being swindled by the applicant, the termination of the employment contract by the respondent, the dispute between the applicant and the respondent due to the economic compensation and the refund of the penalty.

To solve this dispute, we must clarify the following two questions:

First, is the legal relationship between the respondent and the applicant terminating the labor relationship?

If the applicant does not verify the true identity of the other party, he directly sends the information of the unit to the other party, which will play a certain role in the case of the victim being swindled, and it belongs to the applicant's job dereliction of duty.

According to

"The thirty-ninth clause stipulates that the employer can rescind the labor contract under one of the following circumstances: (1) it is proved that it is not in conformity with the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employing units; (three) serious dereliction of duty, malpractice and serious harm to the employing units; (four) the laborers establish labor relations with other employers at the same time, which seriously affect the completion of the work tasks of the unit, or refuse to correct them by the employing units; (five) the labor contracts are invalid because of the provisions of the first paragraph of article twenty-sixth of this law; (six) they are prosecuted according to law.

.

In this case, the applicant's behavior is a dereliction of duty. Therefore, the respondent is relieved from his employment relationship.

Two, is the respondent's legal penalty for the applicant?

In the process of being swindled by the applicant, the applicant is not the main responsible person, and the labor contract does not stipulate any compensation terms for economic losses. The penalty imposed on the applicant is deducted from the wages owed to the applicant before, so the applicant is liable to a refund if the penalty for the applicant is not legal.