Identification and treatment of empty salary in state-owned enterprises

Legal analysis: the salary of the enterprise is borne by the enterprise itself, not the financial allocation. There is no problem of empty pay.

Enterprises can only make the mistake of paying wages to a non-existent person by resorting to fraud, signing words indiscriminately, misappropriating or using them for other purposes.

Enterprises have retirees, and enterprises can reduce wage costs. It can also be used to improve the wage level of employees on the job without reducing the wage cost. This is a legitimate self-management behavior.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates public funds for a huge profit, or misappropriates public funds for more than three months without paying them back, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.

Article 185 Any staff member of a bank or other financial institution who misappropriates the funds of his own unit or clients by taking advantage of his position shall be convicted and punished in accordance with the provisions of Article 272 of this Law. Staff members of state-owned financial institutions and personnel assigned by state-owned financial institutions to engage in public affairs in non-state-owned financial institutions who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.