Recently, a dispute over compensation for property damage caused by an employee's short employment time and failure to sign a labor contract has attracted widespread attention. Xing Moumou joined an agricultural company in Hebei on April 17, 2021, engaged in daily bookkeeping, but the two parties did not sign a labor contract. During Xing's tenure, the company's financial director told him the account number and password of the company's account due to work needs, but did not change the password afterwards. Soon, Xing Moumou suffered from online fraud, resulting in a loss of up to 26 for the company80,000 yuan. The company immediately filed a lawsuit with the Guyuan County People's Court, demanding that Xing Moumou compensate for property losses.
The crux of the case is that Xing Moumou has been employed for a short time and has not signed a labor contract, which has brought a lot of controversy to the handling of the case. Some people believe that Xing Moumou, as an employee, should be responsible for his actions because he was defrauded in the course of performing his duties. Others believe that the company did not sign a labor contract with Xing, nor did it provide him with adequate training and guidance, so it should bear some responsibility for the loss.
When hearing the case, the court first confirmed the fact that the employer had established an employment relationship with the employee from the date of employment. Although Xing Moumou has been employed for a short time and has not signed a labor contract, this does not affect the determination of his employment relationship. The court further pointed out that if an employee suffers from online fraud due to gross negligence in the course of performing his duties, resulting in property losses to the employer, the employer shall first apply for labor arbitration if it claims compensation. This means that if an employer wants to hold an employee liable for financial compensation, it must first go through a labor arbitration procedure.
However, the peculiarity of this case is that although the plaintiff and the defendant did not sign a labor contract, the defendant worked in the plaintiff company, accepted the management of the plaintiff company, and engaged in the labor arranged by the plaintiff company, and the plaintiff company constituted an actual employment for Xing. This means that Xing Moumou should be liable for compensation for the property losses caused by the employer in the course of performing his duties.
The enlightenment of this case is that in the labor relationship, both the employer and the employee have their own responsibilities and obligations. The employer shall sign a written labor contract with the employee in accordance with the law, and provide the employee with necessary training and guidance. Workers, on the other hand, should be responsible for their own actions and strictly abide by the company's rules and regulations. Only in this way can we ensure the harmony and stability of labor relations and reduce the occurrence of similar disputes.
For enterprises, to prevent the risk of property damage caused by fraud for employees, in addition to strengthening employee training and guidance, other measures can be taken. For example, strengthen account security management and change passwords regularly; Establish a sound internal control system; and strengthening the supervision and management of employees. These measures can help reduce the risk of employee fraud and protect the company's assets.
To sum up, the handling of this case is of great significance for standardizing labor relations. Only when both the employer and the employee are clear about their respective responsibilities and obligations, and take effective measures to prevent risks, can the harmonious and stable development of labor relations be ensured.