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Security For Decoration Workers Bribe Fired To Claim Compensation For The Company

2017/5/4 21:07:00 13

BriberyLosing A LawsuitSafeguarding Rights

Dongguan City Houjie Town, a residential property company security zhengmou, help decoration workers secretly submitted a box of 600 yuan bribe cigarettes to security captain, want to decorate a worker to build a convenient plan.

Unexpectedly, the property company found that Zheng was dismissed, and then filed for compensation with the company.

After the labor arbitration award and the court's first instance and second instance judgment, Zheng lost the lawsuit finally.

Houjie Town, a residential area mainly villas, many owners secretly added illegally built, the city management department has repeatedly enforcement.

In order to prohibit illegal construction from the source, the district property company stipulates that when the owner's decoration materials enter the residential area, the property company's security review must be conducted, and it is possible that the materials for illegal construction will not be allowed to enter.

In the morning of October 30, 2014, Zhang Mou, a decoration responsible officer hired by a certain owner, found Zheng, a head of the Department of public security coordination and management of the district property company. Zhang took out a box containing 600 yuan of Yuxi Kaifeng's soft package cigarettes, so that he could be pferred to the security guard Yang.

At noon that day, Zheng went to the security department's assistant management office and called the security guard yang to patrol the district.

When the patrol battery car ran to no one place, Zheng gave the package of cigarettes to Yang, calling Zhang Zhang to send it to him.

When Yang received cigarettes, he found that he had 600 yuan of cash in it and reported it immediately.

The property company asked Zhang to ask.

Zhang admitted that he would hand cash cigarettes to Yang for the purpose of smuggling decoration materials into the residential area so as to achieve the purpose of illegal construction.

Zhang took bribes to himself and said he had no cash in the cigarette case.

Zheng also denied that he had had this experience with Zhang.

Communicate

After investigating the property company, Zhang found that he had invited several security guards, including Zheng, to eat in the neighborhood.

The property company decided that Zheng was involved in bribery and dismissed Zheng.

Only to deliver a box of special cigarettes for help, he lost 8 years' work, and the monthly salary of nearly 5000 yuan was gone.

Labor arbitration

The court order confirms that the labor contract relationship between the two parties is lifted, and the property company should pay a one-time payment of more than 80 thousand yuan of compensation for the illegal labor relations.

The property company felt that it was injustice and prosecuted the second people's Court of Dongguan.

According to the court's trial, according to a variety of indications, Zheng should be aware of the cash contained in the cigarette box handed over by the company.

In this case, Zheng still handed over to him, indicating that he had talked with Zhang about bribery.

The property company strictly implements the urban construction plan. In order to prevent illegal construction, it is necessary to examine the decoration materials of the owners, and it is not improper for the decoration materials that are obviously beyond the general decoration requirements.

Zhang conspire others to attempt to achieve unjust purposes by bribing. According to the property company's dismissal, Zheng is a lawful dismissal, without paying any compensation.

The court ordered the property company not to pay for the trial.

Economic compensation

Zheng refused to accept the appeal.

The intermediate people's Court of Dongguan later made a final judgment, dismissed the appeal and upheld the original judgment.

The chief prosecutor of the case said that Chinese society is generally in an acquaintance society, and small gifts such as ordinary cigarettes do not constitute bribes among acquaintances.

But Zhang put 600 yuan into the cigarette case and entrusted him to the security guard Yang, who was obviously bribed.

Even if the amount is not large enough to be investigated for criminal responsibility, the employer shall have the right to terminate his labour relationship on the grounds of serious violation of discipline.

Therefore, the court finds that the property company dismissal of Zheng is legal and does not have to pay any economic compensation.

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