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Fraudulently receiving other people's wages is an act of theft, and fraudulently receiving more than 30,000 yuan has constituted the crime of theft.
You can ask for it first, and if you don't give it, you can call the police directly.
Whoever steals public or private property on the basis of article 264 of the Criminal Law of the People's Republic of China, and the amount is relatively large or there are multiple thefts, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given:
1) Theft of financial institutions, where the amount is particularly huge;
2) Theft of precious cultural relics, where the circumstances are serious.
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According to Article 6 of the Interim Provisions on Payment of Wages, "the employer shall pay the wages to the employee himself/herself. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf.
It is against the law for the employer to not pay your salary to someone else in accordance with the law. You can ask the employer to provide proof of your signature to receive wages, and if the employer can't provide it, you can go to labor arbitration or even the court to sue the unit!
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You can collect your salary on your behalf, but you must obtain your authorization. The situation of fraudulently receiving wages from others is mainly based on the identity of the person who fraudulently receives wages, and may constitute the crime of fraud or embezzlement.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal analysis: If the salary is fraudulently claimed, the company can be asked to report to the police if the amount is large, and the other party is suspected of constituting the crime of fraud.
Basis for the law: "Criminal Law of the People's Republic of China" Article 266: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.
1. I think that the unit and Li should be listed as co-defendants, and they should be required to bear joint and several liability. The employer is grossly at fault for releasing money to a fraudulent person without reasonable reason; Li's fraudulent receipt of money from others constitutes unjust enrichment in civil affairs and may constitute a crime in criminal terms (but this amount may not be the original intention of the public security to file a case for investigation). Both the unit and Li violated your mother's rights and interests, and it is safer to be listed as a co-defendant. >>>More
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