Will superiors and subordinates be implicated if they violate the law?

Updated on workplace 2024-04-28
23 answers
  1. Anonymous users2024-02-08

    It is necessary to distinguish between ignorance of the law and ignorance of the fact that the leader is doing illegal things. If you don't understand because you know, then you will be implicated, because the law doesn't matter whether you understand it or not. For example, it is useless to say that you know that the leader also sells drugs and sells drugs, and then says that you do not know that drug trafficking is guilty.

    But if there is evidence that the employee didn't know, or that the boss was cheating, such as when he told you that the box was flour, it was actually drugs. That doesn't implicate. However, this evidence needs to be presented by the employee himself, or the boss says that the employee does not know.

  2. Anonymous users2024-02-07

    If you have helped him deal with some illegal things, he will definitely be implicated, even if you are not aware of it, because illegal things, you can see that you do not report, but you do it, this is not good, however, the responsibility is much smaller, if it is not a huge thing, the punishment should be very light, provided that you actively cooperate with the investigation of the relevant departments, if you have meritorious service and other behaviors, then you have nothing at all.

  3. Anonymous users2024-02-06

    Whether the subordinates of the superior will be implicated in the violation of the law depends on whether the subordinate is implicated in the illegal factual behavior of the superior. If a subordinate is principled and law-abiding, he will generally not be implicated.

  4. Anonymous users2024-02-05

    If the superior does something illegal, the subordinate will not be implicated if he does not participate. If you participate, you are an accomplice and are equally punished by law.

  5. Anonymous users2024-02-04

    It is the business of the superiors to break the law, and the subordinates will not be implicated as long as they sit upright, so it is most important to do a good job and maintain their own bottom line and principles. Don't go with the flow.

  6. Anonymous users2024-02-03

    It depends on whether the subordinate is involved in the violation, and if the subordinate is not involved, then the subordinate will not be implicated in the violation of the law.

  7. Anonymous users2024-02-02

    If a subordinate knows that he is breaking the law but still follows the instructions of his or her superiors, he will be implicated.

  8. Anonymous users2024-02-01

    If a subordinate participates in the illegal act of the superior, he will definitely be implicated, and if the subordinate does not know about the illegal act of the superior, I think he will not be implicated.

  9. Anonymous users2024-01-31

    Whether they will be implicated does not depend on the relationship between superiors and subordinates, but on whether subordinates are involved in illegal incidents.

  10. Anonymous users2024-01-30

    It depends on whether the subordinates are involved in illegal activities, and if they do, they will be implicated.

  11. Anonymous users2024-01-29

    Under normal circumstances, your superiors and subordinates who oppose the law will not be implicated, and will only be implicated if you are jointly and severally liable.

  12. Anonymous users2024-01-28

    Superiors who violate the law will be implicated by individual subordinates involved in the case. Not all subordinates will be implicated.

  13. Anonymous users2024-01-27

    It depends on whether you do something illegal or not. If you are doing things reasonably and legally, and you don't know that the leader has done something illegal. Then you are 100% fine.

  14. Anonymous users2024-01-26

    As long as you are not complicit or helping, your subordinates are fine!

  15. Anonymous users2024-01-25

    As long as the subordinates are not involved, there is nothing to do.

  16. Anonymous users2024-01-24

    When the company violates the law, when the employee subjectively knows that the business operated by the employer is illegal and engages in it, and when the illegal act is investigated and punished, the employee cannot only claim to obey the arrangement of the employer and is exempted from legal liability, in which case the employee will be implicated.

    Article 25 of the Criminal Law of the People's Republic of China: Joint crime refers to two or more persons committing a joint intentional crime. Where two or more persons commit a joint negligent crime, it is not to be dealt with as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed. Article 30 of the Criminal Law of the People's Republic of China: Where a company, enterprise, public institution, organ, or group commits conduct that endangers society, and the law provides that it is a crime committed by a unit, it shall bear criminal responsibility.

    Article 31 of the Criminal Law of the People's Republic of China: Where a unit commits a crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be given criminal punishments. Where the sub-provisions of this Law and other laws provide otherwise, follow the provisions of the coarse type.

  17. Anonymous users2024-01-23

    Legal Analysis: Depends on the circumstances. If a subordinate makes a mistake or commits a crime during work, and the leader fails to discover the subordinate's wrongdoing or criminal behavior in time due to negligent management, or if the leader discovers it, but turns a blind eye to it, causing losses to the subordinate unit, the leader must be held responsible.

    If the leader knows that he has fulfilled his due management obligations for the work matters within his jurisdiction, then the leader in charge does not need to bear any responsibility.

    Legal basis: Criminal Law of the People's Republic of China Article 271 Personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, commit the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

  18. Anonymous users2024-01-22

    1. According to the provisions of Article 6, Paragraph 1, Article 7 and Article 30 of the "Regulations on Levy and Supplement", the people at the higher level shall strengthen the supervision of the people at the lower levels, and any organization or individual shall have the right to report to the relevant people for the relevant illegal acts, and the relevant people shall also have the right to deal with the relevant persons responsible for the illegal state.

    2. However, if the authority of the higher-level people's ** is based on the hierarchical supervision relationship between the administrative organs at the lower and lower levels, and the higher-level people's ** does not change or revoke the decisions and orders of the subordinate work departments and the lower-level people's **, it generally does not directly set up the new rights and obligations of the parties, and the parties can protect their legitimate rights and interests by directly suing the administrative acts made by the subordinate work departments or the lower-level people**. In the case of the existence of more effective and convenient remedies, the parties insist on suing the people for not performing their hierarchical supervision duties, which does not have the necessity and effectiveness of rights protection, and is not conducive to the timely resolution of disputes, and is prone to blind litigation and burden.

  19. Anonymous users2024-01-21

    It depends. If a subordinate makes a mistake or commits a crime during work, and the leader fails to discover the subordinate's wrongdoing or criminal behavior in time due to negligent management, or if the leader discovers it, but turns a blind eye to it, causing losses to the subordinate unit, the leader must be held responsible. If the leader has fulfilled his due management obligations for the work matters under his jurisdiction, then the supervisor does not need to bear any responsibility.

    1. Can an employee be fired for scolding a leader?

    Employees who scold leaders generally cannot be fired. Scolding the leader is not a reason to fire an employee, it is an illegal dismissal. Employees can apply for labor arbitration and claim double compensation.

    If the employee does not make a mistake in official affairs, he will be dismissed if he insults the leader in private affairs, and it must be illegal dismissal. If there is no evidence of the employee's passive slackness, and the reason for dismissal is to abuse the leader, the arbitration is likely to award the company for illegal dismissal. If the facts meet the conditions for terminating the contract in accordance with the serious violation of the anti-system, the normal work handover will be completed, and the salary will be settled normally.

    2. What does it mean to resign?

    Resignation generally refers to a kind of behavior in which a leader or a party or government leading cadre takes the initiative to resign from a leadership position because of his own negligence, which causes a certain loss in his work, or has some adverse influences, and resignation is usually a way for leaders to hold themselves accountable for their own negligence in the workplace. According to the "Interim Provisions on Resignation", party and government leading cadres who have made serious mistakes in their work or dereliction of duty and have caused major losses or bad influences, or who bear important leadership responsibilities for major accidents should resign from their current leadership positions.

    3. What is the difference between the president and the chairman?

    Difference Between President and Chairman:

    1. Difference in authority: The president is the top management of the company's management appointed or recommended by shareholders. Generally, in a larger company or subordinate, there are several smaller or specialized companies known as the president, while a single company is called the general manager.

    The chairman of the board of directors directly leads the board of directors or board of directors of the company, as well as the affiliated appointment and removal committee, remuneration committee, audit committee and other special committees, and is the top leader of the company, generally the shareholder who holds the largest number of shares;

    2. Identity differences: The chairman of the board of directors is the actual owner of the company, and the income is mainly the company's operating profits. The president is the actual operator of the company, and the income is mainly the salary agreed at the time of signing the contract.

    Article 271 of the Criminal Law of the People's Republic of China "Personnel of companies, enterprises or other units who take advantage of their positions to illegally take possession of the property of their own units, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

  20. Anonymous users2024-01-20

    Legal Analysis: Depends on the circumstances. If a subordinate makes a mistake or commits a crime during work, and the leader fails to discover the subordinate's wrongdoing or criminal behavior in time due to negligent management, or if the leader discovers it, but turns a blind eye to it, causing losses to the unit, the leader must be held responsible.

    If the leader has fulfilled his due management obligations for the work matters under his jurisdiction, then the leader in charge does not need to bear any responsibility.

    Legal basis: Criminal Law of the People's Republic of China Article 271 Personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; If the amount involved in a large amount is met, the sentence is to be fixed-term imprisonment of not less than five years, and property may be confiscated concurrently. Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

  21. Anonymous users2024-01-19

    It depends. If a subordinate makes a mistake or commits a crime during work, and the leader fails to discover the subordinate's wrongdoing or criminal behavior in time due to negligent management, or if the leader discovers it, but turns a blind eye to it, causing losses to the subordinate unit, the leader must be held responsible. If the leader has fulfilled his due management obligations for the work matters under his jurisdiction, then the supervisor does not need to bear any responsibility.

    Article 271 of the Criminal Law: Personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the property of their own unit, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel of state-owned companies, enterprises, or other state-owned units assigned to non-state-owned companies, enterprises, or other units to engage in public affairs engage in the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

  22. Anonymous users2024-01-18

    It depends. If a subordinate makes a mistake or commits a crime during work, and the leader fails to discover the subordinate's wrongdoing or criminal behavior in time due to negligent management, or if the leader discovers it, but turns a blind eye to it, causing losses to the subordinate unit, the leader must be held responsible. If the leader has fulfilled his due management obligations for the work matters within his jurisdiction, then the supervisor does not need to bear any responsibility for the dismantling.

    Depends on the condition of the slide. If a subordinate makes a mistake or commits a crime during work, and the leader fails to discover the subordinate's wrongdoing or criminal behavior in time due to negligent management, or if the leader discovers it, but turns a blind eye to it, causing losses to the subordinate unit, the leader must be held responsible. If the leader has fulfilled his due management obligations for the work matters under his jurisdiction, then the supervisor does not need to bear any responsibility.

    Article 271 of the Criminal Law: Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of the unit's property, and the amount is relatively large, are to be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

  23. Anonymous users2024-01-17

    If a subordinate discovers that his boss is committing a criminal activity, he does not stop or report it, but instead connives, and the boss commits the crime, and he himself participates in it, his behavior constitutes an accomplice in the same case, and he must also be investigated for criminal responsibility in accordance with the law.

    If the subordinate has no actual criminal proceeds, he should be given a lighter punishment as appropriate.

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