Case Description

Kong, a cashier from Company A, received instructions from the company's "boss" on QQ during working hours to transfer 460000 yuan to a third-party account. Upon receiving the message, Kong immediately went to the bank to handle the transfer procedures and confirmed with the other party that the transfer had been received. Later, Kong received an instruction from QQ to transfer 300000 yuan. When he went to the bank again to handle the transfer procedures, he found that he had been cheated and reported to the public security organ. The public security organ has filed a case for investigation, but so far, he has not captured the suspect and returned the money. Company A claims compensation of 460000 yuan for Kong's gross negligence in performing the labor contract.

Lawyer Analysis

Should Kong bear the compensation losses of Company A?

Article 16 of the "Interim Provisions on Wage Payment" stipulates that if an employee causes economic losses to the employer due to his/her own reasons, the employer may require him/her to compensate for the economic losses in accordance with the provisions of the labor contract, that is, the employer has the right to require the employee to bear the losses caused during the performance of his/her duties. In this case, without corresponding approval procedures and verifying the QQ number with the company's leaders, Kong made a transfer based on the instructions sent by the fraudster through QQ in the name of the company's boss. During this process, Kong violated the basic operating procedures of the cashier and did not seriously confirm the accuracy of the work task. Due to his failure to fulfill his obligations, Company A suffered significant losses, which should be recognized as gross negligence, Moreover, this fault has a direct causal relationship with the fact of damage, so it should bear corresponding liability for damages. However, Company A, as a manager, failed to provide education and training on rules and regulations to Mr. Kong, and also made mistakes in company supervision. Therefore, it should also bear corresponding responsibilities. The final judgment is that Kong bears 70% of the responsibility.
Based on the analysis of this case and similar types of judicial precedents, if a worker intentionally causes damage to the employer, the worker shall bear full liability for compensation. "If a worker causes damage to the employer due to gross negligence, the employer and the worker shall generally bear the responsibility jointly.". Considering the legal status of employers and workers, as well as the natural risks that employers also have in managing workers, when determining the compensation ratio for workers, the judicial authority mainly refers to the degree of fault of the workers, the level of salary and income, whether the employer has provided necessary skill training to the workers, whether there is excessive labor, whether the employer has given instructions to the workers to perform their duties Whether there is a lack of management over the occurrence of the damage fact, and whether the loss can be remedied through other means are factors to determine.

In summary, an employer can prevent the risk of economic losses caused to the employer by intentional or gross negligence of workers from two aspects: on the one hand, regulations or labor contracts provide for or stipulate the compensation situation, proportion, and method of damages caused by workers to the employer, which can be used as a basis for adjudication as long as they do not violate legal provisions; On the other hand, improve the work process system and strengthen the training and employment management of employees.