I was cheated by the human resources company. The job they introduced was not what they promised at that time. I also paid the membership fee of 380 yuan. Can I get it back through labor arbitration?

You can go through labor arbitration. If you are cheated, you can suggest calling the police. However, due to the small amount of 380 yuan, the police will not file a case, so it is less likely to be recovered. For this kind of fraud that does not constitute a criminal offence, the perpetrator can be punished for public security management. The police should receive and defraud 500 yuan, which is a public security case and should be subject to administrative punishment; If there are a large number of fraudsters, they are suspected of fraud.

Legal analysis

You can call the police. According to the requirements of the Ministry of Public Security, the victim who was cheated by 380 yuan should call the police immediately. It is illegal to cheat other people's money, and the public security organ should accept it, but the chance of getting it back is very small. If many people are cheated and the amount is large (more than 3,000 yuan), the public security organ will file a case for investigation and get it back. If the amount of cheating public or private property is between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan, and between 500,000 yuan, it shall be deemed that the amount prescribed by law is relatively large, huge and especially huge. Internet fraud of more than 3,000 yuan can be sentenced, and the specific criteria are as follows: (1) If the amount of telecommunication network fraud is more than 3,000 yuan, the starting point of sentencing can be determined within the range of criminal detention of less than three months to fixed-term imprisonment of less than six months. For every additional 2,000 yuan, the sentence can be increased by one month to two months; (2) If the amount of telecommunication network fraud reaches 30,000 yuan, or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than four years. For every increase of 10000 yuan, the prison term can be increased from six months to one year; (3) If the amount of telecommunication network fraud reaches 500,000, the starting point of sentencing can be determined within the range of 10 years or more and 12 years or less. For every increase of 50,000 yuan, the sentence can be increased by one year to one year and six months. Only those who swindle more than 3,000 yuan constitute the crime of cyber fraud, while those who swindle 500 yuan do not constitute the crime of cyber fraud because the amount of fraud is small, so the act will not be sentenced, and the possibility of recovery is relatively small.

legal ground

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud Article 1 Whoever cheats public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 yuan and 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.