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Legal basis: Article 4 of the Labor Contract Law of the People's Republic of China The employer shall establish and improve labor rules and regulations in accordance with the law to ensure that the employees enjoy labor rights and perform labor obligations. When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.
In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation. The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.
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Legal Analysis: Can be found out. As long as the crime is broken, there will always be evidence left.
If the customer testifies is the evidence. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
Legal basis: Article 390 of the Criminal Law of the People's Republic of China Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; Where bribery is used to obtain improper benefits, and the circumstances are serious, or where major losses are caused to the interests of the state, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, or cause especially heavy harm to national interests, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Where the bribe giver voluntarily confesses the bribery before being prosecuted, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, where it plays a key role in the investigation of a major case, or where there is a major meritorious service, punishment may be commuted or waived.
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All materials that can be used to prove the facts of the case are evidence, and as long as it is evidence of violations and crimes and relevant clues, it can be used as materials for prosecution. Evidence must be verified to be true before it can be used as the basis for a verdict. Article 50 of the Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence.
Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.
Dear, I'm honored to serve you with answers. How to collect evidence for company employees to get kickbacks, when receiving kickbacks, written evidence, and witness testimony can be. All materials that can be used to prove the facts of the case are evidence, and as long as it is evidence of violations and crimes and relevant clues, it can be used as materials for prosecution.
Evidence must be verified to be true before it can be used as the basis for a verdict. Article 50 of the Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence. Evidence includes:
1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) The confession and justification of the person or defendant suspected of committing the crime; (6) Appraisal opinions; (7) Records of inquests, inspections of the person in front of the sedan car, identification, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.
The law does not stipulate that as long as the lawsuit is to obtain kickbacks, it must provide physical evidence or witness testimony. The evidence is not limited to what kind of evidence it is, it can be found to prove that the party has taken kickbacks, and if it is found that the company's internal employees have taken kickbacks, they should generally complain to the company first.
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Cash rebates can be found out. As long as the crime is violated, there will always be evidence. If the customer testifies is the evidence.
The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall, in accordance with legally-prescribed procedures, comprehensively and objectively review and verify the evidence.
What is included in the evidence of cash rebates.
Evidence of cash rebates includes:
1. Statements of the parties;
2. Documentary evidence; 3. Physical evidence;
4. Audio-visual materials;
5. Electronic data;
6. Witness testimony;
7. False opinions;
8. Inquest records.
Legal basis: Article 390 of the Criminal Law of the People's Republic of China.
Provisions on the punishment of the crime of offering bribes] Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; Where bribery is used to obtain improper benefits, and the circumstances are serious, or where major losses are caused to the interests of the state, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, or cause especially heavy harm to national interests, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Where the bribe giver takes the initiative to confess the bribery before being prosecuted, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, where it plays a key role in the investigation of a major case, or where there is a major meritorious service, punishment may be commuted or waived.
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