How to deal with employees' misappropriation of public funds? Labor law can fire them.

Employees who misappropriate public funds may terminate the labor contract according to law and pay wages on a monthly basis. However, if economic losses are caused to the employer, the employer may demand compensation.

Legal analysis

The dissolution of a labor contract must have corresponding laws and regulations. The employer may unilaterally terminate the labor contract without consulting with the laborer, and the employer may decide whether to terminate the labor contract of qualified laborers according to its own situation. Serious violation of labor discipline in this article can be identified according to relevant laws and regulations, and the behavior must reach a serious level. Violation of labor discipline must comply with the provisions of national laws and regulations, and rules and regulations that conflict with national laws and regulations are not binding. Major damage in this article shall be stipulated by the internal rules of the enterprise. When an employer terminates a labor contract according to this article, it must meet two conditions: first, the employee's dereliction of duty and graft must be serious; second, the employee's behavior must cause great damage to the interests of the employer. If the laborer stays at home because of the illegal behavior of the unit, it is impossible for the laborer to violate the labor discipline, so the unit has already violated the law first. If the labor contract is unilaterally terminated, it is a serious violation of the labor law. If the labor contract is unilaterally terminated, the employing unit shall pay the economic compensation equivalent to one month's salary to the laborer for each year of working years. If economic compensation is not given to the workers according to the regulations, a certain compensation fee shall be paid according to the amount of economic compensation. After the termination of the labor contract, the employer shall also pay the corresponding living allowance according to the standard salary of the laborer.

legal ground

Article 25 of the Labor Law of People's Republic of China (PRC) * * The employing unit may terminate the labor contract under any of the following circumstances: (1) The employee is proved not to meet the employment conditions during the probation period; (two) a serious violation of labor discipline or the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the interests of the employer; (4) Being investigated for criminal responsibility according to law.

Article 384 of the Criminal Law of People's Republic of China (PRC) * * * State functionaries who take advantage of their positions to misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds for more than three months, are guilty of corruption and are 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.