I handed over to the manager of the company and seized the payment for the goods that the company ow

The crime of embezzlement in public office refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property for themselves, and the amount is relatively large. The so-called illegal possession refers to the use of various means such as embezzlement, theft, and fraud to turn the property of the unit into private ownership, including the act of disposing of, using, and collecting the property of the unit that has been legally held as one's own property, such as falsely claiming the property of the unit, such as the house, equipment and other property in one's possession, and the price is marked; Register the transfer of ownership of the unit you live in as your own; or concealing things in custody, falsely claiming that they have been stolen, lost, damaged, etc., and also includes acts of fraudulently, stealing, embezzling, or privately dividing the property of a unit without taking possession of the unit's property but taking advantage of one's position, so as to convert it into private property. (5,000 to more than 20,000 yuan).

Although you handed over to the manager of the company, did you terminate the employment relationship with the company? No matter what reason the company owes you wages, you have no right to withhold the company's payment for the goods.

If you have only handed over, but the labor relationship has not ended, the company has not yet issued a notice, and you still belong to the company, then it is considered as a job embezzlement.

If your employment relationship has ended, and the company has also issued a notice to terminate the employment contract, then you are an outsider. Theft of the company's property.

For embezzlement, the company shall report to the public security organ in a timely manner. If the perpetrator might constitute a criminal offense, the public security organs shall file a case for investigation, transfer it to the procuratorate for prosecution, and the people's court shall convict and sentence them. According to the law, a staff member of a company, enterprise or other unit who takes advantage of his position to illegally occupy the property of a unit with a relatively large amount will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the amount is huge, he will be sentenced to fixed-term imprisonment of not less than five years and may have his property confiscated.

Article 163 of the Criminal Law of the People's Republic of China: Where a staff member of a company, enterprise, or other unit takes advantage of his position to solicit property from others or illegally accept property from others to seek benefits for others, and the amount is relatively large, he 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 a staff member of a company, enterprise, or other unit takes advantage of his position in economic dealings to violate state regulations by accepting kickbacks or handling fees in various names, which are owned by an old man who has lost money, he shall be punished in accordance with the provisions of the preceding paragraph. 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 in the preceding two paragraphs, they are to be convicted and punished in accordance with the provisions of articles 385 and 386 of this Law.

In real life, there are many situations where employees borrow money from the company, and if the employee borrows money from the company, the company can ask the employee to write an IOU and agree on when the employee will repay the loan from the company. The following is for readers to answer the relevant knowledge.

Isn't it considered embezzlement if an employee borrows money from the company?

If an employee does not repay the money after borrowing money from the company, it is a civil dispute and will not constitute a criminal offense, so the failure to repay the borrowed money cannot be dealt with as the crime of embezzlement.

Relevant legal provisions

Criminal Law of the People's Republic of China

Article 271: [Crime of Embezzlement in Public Office] Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their 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.

What kind of responsibility does the borrowing not repay

If the borrower fails to repay the loan, he or she must pay liquidated damages or penalty interest to the lender.

The payment of liquidated damages refers to the payment of a certain amount of currency to the other party when one of the parties fails to perform or does not fully perform the obligations stipulated in the loan contract in accordance with the provisions of laws and regulations or the loan contract. This is an economic sanction for the defaulter's breach of contract, which is punitive.

Liquidated damages are divided into two forms: statutory liquidated damages and agreed liquidated damages.

The so-called statutory liquidated damages refer to the amount, range, scope and payment method of liquidated damages as stipulated by laws and regulations.

The above knowledge is my answer to the relevant legal questions, if the employee does not repay the money after borrowing money from the company, it is a civil dispute and will not constitute a criminal offense, so the borrowed money cannot be dealt with as the crime of embezzlement.

May be suspected of embezzlement.

The company's arrears of wages to employees are different from the legal relationship between employees withholding payment without authorization.

If the company is in arrears of wages, the employee can ask the company for it, but if the negotiation fails, he can ask for it from the labor inspection.

If you complain, you can apply for labor dispute arbitration. It is illegal for an individual employee to withhold the company's payment without authorization, and if it reaches a certain amount and period, it is suspected of embezzlement.