Job Recruitment Website - Job information - The cashier was defrauded of company property due to work errors. Is it legal for the company to require the cashier to pay full compensation?
The cashier was defrauded of company property due to work errors. Is it legal for the company to require the cashier to pay full compensation?
According to Article 16 of the "Interim Provisions on Wage Payment": It is illegal for the company to require the cashier to pay full compensation.
If an employee’s fault or gross negligence causes losses to the company, the company has the right to require the employee to compensate. Judging from what you said, the company has always used QQ group communication, and this method of work communication has become a habit. The cashier may not have expected this situation, but the cashier is not without responsibility.
Because the cashier has the obligation to carefully confirm the accuracy of each work task (such as confirming by phone or in person, etc.), this risk can be avoided, but the cashier failed to fulfill this obligation. We should also bear corresponding responsibilities, but we should not bear all the responsibilities. You can negotiate with the company or entrust a lawyer to handle it on your behalf.
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Related cases:
Scammers use phone or QQ chat records to pretend to be the company boss and ask employees to transfer money. Such telecommunications fraud is not uncommon. , often causing heavy losses to some companies. A company in Hefei encountered such a scam and was defrauded of more than 1 million. After the incident, the company believed that the chief responsibility for being defrauded lay with its financial director, and filed a complaint to take the financial director to court, demanding compensation.
Recently, the Hefei Intermediate Court made a final judgment, and the financial director was ordered to pay compensation of 80,000 yuan. The company immediately called the police for help after discovering that it had been deceived. With the assistance of the police, more than 160,000 yuan was finally recovered. On July 2 last year, the police filed a case against this telecommunications fraud, but the investigation has failed so far. On February 1 this year, the company issued a "Notice on the Handling of the QQ Fraud Case on June 30, 2015."
The decision was made to pursue legal responsibility against the financial director Ma Mou, to withhold the unpaid salary of 2,905 yuan and dismissal from the administrative director Zhang Mou, and to fine the cashier and accountant 50,000 yuan and 30,000 yuan. The company sued Ma to the High-tech Zone Court, requiring him to compensate the company for losses of more than 780,000 yuan. The High-tech Zone Court held that Ma had certain faults in the case of the company being defrauded.
Based on factors such as his income standard, degree of fault, and the company’s punishment standards for other relevant personnel, Ma was sentenced to bear a loss of 80,000 yuan. After the first-instance verdict, both the company and Ma appealed. The company believed that Ma’s compensation was too low.
Ma believes that based on his trust in the administrative supervisor Zhang and his previous practice of directly contacting Yang for transfers through the financial cashier, the company's financial and accounting systems are imperfect and there is confusion between internal and external accounts. Situation and irregular operating behaviors are the main reasons for companies to be defrauded. Recently, the Hefei Intermediate People's Court made a final judgment and upheld the original judgment.
Reference material: Ministry of Human Resources and Social Security - Interim Provisions on Wage Payment
Reference material: People's Daily Online - The financial director lost millions due to QQ fraud? The company took him to court to award compensation. 80,000
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