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There is no compensation for the dismissal of the employee for taking the company's goods without permission.
If an employee takes possession of the company's property for himself and is suspected of stealing the company's property, and there is evidence to prove it, it is a "serious violation of the rules and regulations of the employer", and the employer terminates the contract in accordance with Article 39 (2) of the Labor Contract Law, and there is no economic compensation.
Labor Contract Law
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
2) Seriously violating the rules and regulations of the employer;
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
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Employees of the company's goods will be dismissed if they take them privately, and if they are serious, they will be investigated for criminal responsibility, and the original goods will be recovered, and they will be compensated for economic losses.
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The letter of evidence does not have the effect of telling, and in the proceedings, its effect is only in the nature of notice, and at most it can only be regarded as a kind of documentary evidence to prove that I have told you that my act violates any article of the law, and if you do not improve I will take legal action, so it cannot be used as proof of false accusation. Then there is your personal belongings, because your personal belongings are temporarily put in the company for the convenience of use, and their ownership and ownership are still with you, you are renting Sensen can get back your personal belongings at any time, but you are not in the company now, and the company temporarily has the right to hold and keep its belongings, and the lawsuit is not related to your personal belongings, the company is not allowed to seize your private movable property for any reason, if the company wants to change the right to hold the goods to all rights through the cause of litigation, it is a violation of the crime of misappropriation. To put it simply, you can go to the company and show that your personal belongings are not related to the proceedings, and that you have entered the proceedings, and if there is a problem, you will be guilty of committing a crime, but until then, you must return the goods, otherwise criminal proceedings for embezzlement will be instituted against the person who refuses to return them.
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The employer dismisses the employee and does not return his personal belongings and complains to the labor inspectorate.
According to Articles 9 and 84 of the Labor Contract Law, an employer shall not seize the identity card and other documents of the employee when recruiting a worker, and shall not collect property in the name of guarantee or other name. If the employer terminates the labor contract and does not return the personal belongings, the employee may file a complaint with the labor inspectorate, who shall order the employee to return the personal belongings and impose a fine.
Labor Contract Law
Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it fight or ask the worker to provide a guarantee or collect property from the worker in any other name.
Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.
If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.
Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.
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Employees should leave silently, and understand what they have done. If you have today, why bother in the first place.
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Employees who take things privately may be reported by the company, and if they are suspected of the crime of embezzlement, they may be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and the specific sentencing depends on the circumstances.
Taking company goods without permission, not exceeding 200 yuan, and the amount is small and does not constitute a crime, but violating the Public Security Administration Punishment Law, will be detained for not less than 5 days but not more than 10 days, and may be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. However, if the amount of property stolen is "relatively large", "the amount is huge", or "the amount is particularly huge", it may be suspected of the crime of theft or embezzlement.
Employees who steal company items up to a certain amount are suspected of theft.
The crime of theft refers to the act of secretly stealing a large amount of public or private property or stealing public or private property multiple times for the purpose of illegal possession. For those who commit the crime of theft, the specific sentencing standards are as follows: A sentence of 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.
Legal basis] Law of the People's Republic of China on Public Security Administration Punishments
Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Criminal Law of the People's Republic of China
Article 264:Whoever steals public or private property, where the amount is relatively large or has 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. Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property for themselves shall be sentenced to up to 5 years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be 5 years or more imprisonment, and property may be confiscated concurrently.
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If the amount involved is relatively large, it should be handed over to the public security organs for handling. If the amount involved is small, it can be dismissed.
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Yes, the company has the right to fire employees if they take company items privately. It is important for employees to know that this behavior will result in termination, so before terminating the company, the company should first ensure that the employee has been informed about the consequences of their actions.
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Illegal. Dismissal should be carried out in accordance with the employee's labor laws and regulations and the company's internal rules such as the Sakura system, and the decision on whether or not to take the dismissal should not be made by the injured company alone.
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If the evidence is conclusive, it should be legitimate.
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It depends. Small things and of little value, and those who have no trade secrets should not be fired at will.
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If the nature is bad, the direct criminal case will not be dismissed, and if the nature is not bad, it will also have a bad impact on the psychology of other employees, and it is recommended to deal with it in accordance with the labor law and the company's employee charter.
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Of course, if Bu Yu is very serious, it can't just be fired, and there is no problem with legal responsibility, in short, it depends on what this thing is and then decides how to deal with it.
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This is mainly to see what you take, how much you have, how much the unit is worth, if you have more, you will call the police directly, and if you have less, you will be expelled.
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It is up to the leadership to decide if the expulsion is legitimate.
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Depending on the situation, if it is not a very valuable item, it will not be expelled
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There is no compensation for those who fail to pass the probationary period and are dismissed in violation of laws and disciplines.
Private enterprises are still subject to labor laws and regulations, and they are still legal employers, and the conditions and procedures for dismissing employees depend on the reasons for dismissal, regardless of whether the surname "private" is different from that of joint-stock or state-owned enterprises.
During the performance of the labor contract, the employer terminates the labor contract in the following three situations:
1. If the employee is legally at fault, the employer shall terminate the contract in accordance with Article 39 of the Labor Contract Law without compensation. If the employer suffers losses, the employer may claim compensation for part of the losses.
2. If the worker is not legally at fault, the employer shall pay severance compensation.
If the employee is not legally at fault, the employer may terminate the contract in accordance with Articles 36, 40, 41 and 42 of the Labor Contract Law, but shall pay one month's salary and severance for each year of the employee's years of service in the employer, and one year if the employee has completed six months but less than one year, and if it has less than half a year, it shall be paid half a year. Among them, if the labor contract is terminated in accordance with the provisions of Article 40, one month's written notice shall be given in advance or an additional month's salary in lieu of notice shall be paid.
The wages for calculating severance payments shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.
3. Compensation shall be paid for illegal termination of the contract.
If the termination of the contract by the employer does not comply with the provisions of the law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the contract; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation at twice the amount of the severance payment.
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Does an enterprise need compensation for dismissal of employees?
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Employees who voluntarily resign are generally not compensated. But you can negotiate with the leader of the unit, and everything is subject to what the unit says.
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Any business is subject to labor laws.
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Legal analysis: Taking the company's potato products without permission, no more than 200 yuan, the amount is small and does not constitute a crime, but in violation of the Public Security Administration Punishment Law, it will be detained for not less than 5 days but not more than 10 days, and a fine of less than 500 yuan may be imposed; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. However, if the amount of property stolen is "relatively large", "the amount is huge", or "the amount is particularly huge", it may be suspected of the crime of theft or embezzlement.
Legal basis: Public Security Administration Punishment Law of the People's Republic of China Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
The People's Republic of China or the Criminal Law of the Republic
Article 264:Whoever steals public or private property, where the amount is relatively large or has multiple thefts, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or where the amount of the punishment is huge or there are other serious circumstances, a sentence of between three and ten 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.
Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property for themselves shall be sentenced to up to 5 years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be 5 years or more imprisonment, and property may be confiscated concurrently.
If the employee is dismissed by the company, if the company illegally terminates the labor contract, the employee shall be compensated at twice the standard of economic compensation.
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