Legal analysis
The company has the right to punish employees for their violations in this unit according to the company's rules and regulations, and cannot bring a lawsuit. If its behavior constitutes a criminal offence, the company can report it to the public security organ for handling. If the employee's behavior constitutes a crime of dereliction of duty, the company can complain to the procuratorate. The company can sue the employee's duty behavior, and the company can file a lawsuit against the employee's duty behavior as a legal person according to the relevant provisions of the Company Law and the Contract Law, and pursue its legal responsibility. After taking responsibility, the company can recover from the employees who are at fault. The details are as follows: (1) If the legal representative causes damage to others when performing his duties, the legal person shall bear civil liability. After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person. (2) If an employee of the employing unit causes damage to others due to the performance of work tasks, the employing unit shall bear tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. If the staff of the employing unit causes damage to others due to the performance of their work tasks, the employing unit shall bear the tort liability.
legal ground
People's Republic of China (PRC) (China) Labor Contract Law
Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.
Article 90 If a laborer terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract, thus causing losses to the employing unit, he shall be liable for compensation.