Dismissal for theft in the workplace under the labor code: article for theft of funds by the director of an LLC, what should the office manager do if the theft of property is discovered?

Theft at an enterprise is the unlawful taking of property that is the direct property of the organization.

The determining factor for the crime is that the stolen property belongs to the company.

In other words, if the property belongs to the company where you work and you stole this property, this is theft at the enterprise.

Responsibility

Theft in workplaces is not specifically regulated. The actions of offenders may include:

Or under the general article 158 of the Criminal Code of the Russian Federation “Theft” , if the amount of damage was more than 2,500 rubles, provided that it was a SECRET theft. This is the feature that distinguishes theft from other similar crimes. The subjective side consists of intent and selfish purpose. The object is the company's property.
Or under petty theft - taking possession of someone else's property in an amount not exceeding 2500. Responsibility arises under Article 7.27 of the Code of Administrative Offenses of the Russian Federation. Unlike theft, petty theft can be done not only secretly, but through fraud, embezzlement or misappropriation.

If you stole more than 2,500 rubles - a criminal offense, if less - an administrative charge.

You can learn about the difference between embezzlement and theft here.

Disciplinary

Relations between employee and employer are regulated by the Labor Code, which provides for disciplinary liability for employee misconduct. Article 81 of the Labor Code of the Russian Federation provides for the dismissal of an employee for committing theft in the workplace.

Important! A worker is considered to be the actual place of work, the address of which is indicated in the contract. Absolutely any property that does not belong to the accused of theft will be considered someone else's property.

Obviously, for this type of liability, any theft is a reason. When it comes to applying disciplinary responsibility to a violator who is being prosecuted, timing is of great importance.

An employment contract with such an employee can be terminated no later than a month from the date the verdict or decision enters into legal force. Every employer should know this information.

If you encounter something like this at your workplace, you should wait the 10 days given to the offending employee to appeal, and then legally dismiss him within 30 days.

An order for disciplinary action is issued on the basis of the employee’s explanatory note within 3 days. However, this is just a formality. The absence of written explanations will not be an obstacle to dismissal.

Administrative

Art. 7.27 of the Code of Administrative Offenses of the Russian Federation provides for punishment for theft that resulted in damage of no more than 2,500 rubles:

a fine of up to five times the value of the stolen goods (from 1,000 to 3,000 rubles);
arrest for 10-15 days;
compulsory work up to 120 hours.

For more information about in which cases liability will be administrative rather than criminal, read our article.

Criminal

When it is no longer about the theft of a ballpoint pen, but about more significant values and sizes, you can face criminal liability. In view of the public danger present in such acts, the Criminal Code of the Russian Federation provides for the following punishments:

a fine of up to 80,000 rubles, or salary for a period of up to 6 months;
compulsory work up to 360 hours;
correctional labor for up to 1 year;
restriction of freedom for up to two years;
arrest up to four months;
imprisonment for no more than two years.

The measures given above are relevant for thefts that are not associated with aggravating features, specified in Part 2-Part 4 of Art. 158 of the Criminal Code of the Russian Federation. If there was an ordinary theft, without these signs, in the amount of 2500 to 5000, the choice of punishment will depend on the amount of damage and other circumstances of the case, but will be limited to the terms and amounts above. Read about the types and signs of theft in this article. If the theft had qualifying (aggravating) characteristics, then:

If there are qualifying features such as theft by a group of persons and illegal entry into a storage facility, a fine of up to 200 rubles, correctional labor for up to 2 years or imprisonment for up to 5 years may be imposed (Part 2 of Article 158 of the Criminal Code of the Russian Federation).
For theft on a large scale (from 250 thousand rubles to 1 million rubles), or with illegal entry into a home, the offender may face a fine of up to 500,000 rubles or imprisonment for 6 years with a fine of up to 80,000 rubles. (Part 3 of Article 158 of the Criminal Code of the Russian Federation).
The terms of correctional and compulsory labor for the last two groups also vary depending on the circumstances.
The most socially dangerous category of theft is that committed by an organized group, or on an especially large scale (from 1 million rubles). Under this qualification, the punishment will be imprisonment for up to 10 years with a fine of up to a million. (Part 4 of Article 158 of the Criminal Code of the Russian Federation)

What criminal penalties and liability are provided?

In accordance with accepted standards on the decriminalization of theft, criminal liability is provided if the theft was committed in an amount exceeding 5 thousand rubles. If the amount of stolen funds does not exceed the specified limit, the punishment will be administrative. However, if a citizen commits theft in an amount of less than five thousand not for the first time, there will be criminal liability for this. Criminal liability will also be applied if the theft was committed in an amount of less than five thousand rubles, but the crime was committed by a group of persons.

Instructions for employees: what to do if you are accused of theft in the workplace?

The first thing you need to decide is whether you are REALLY guilty, that is, you committed theft or not. Based on this, a further algorithm of actions will be formed and, no matter how it sounds, your fate.

Attention! The perpetrator of theft should know that active repentance, according to Art. 75 of the Criminal Code of the Russian Federation, can mitigate the punishment, or completely eliminate criminal liability.

Therefore, we STRONGLY recommend that you confess to your crime if you are guilty.

It is much easier to survive compensation for damages and dismissal than a real sentence due to criminal liability or a suspended sentence, when you have to go to the local police officer every week, work hard after your main job on public works and be deprived of certain rights, such as traveling outside the city And so on.

What is the action if NOT guilty of theft at work?

And only if you are not guilty of theft, you need to prove your innocence and stand your ground to the end! If for some reason they try to accuse an employee of a crime that he did not commit, you should find out on what basis the charges are based. When there is no significant evidence, and the authorities still insist on their own, it is important to remember the presumption of innocence (Article 14 of the Code of Criminal Procedure of the Russian Federation).

The burden of proof lies entirely with the prosecution. But this is a right, not an obligation. This means that if you have evidence of your non-involvement in the case and are confident in the need to present it, you should try to resolve the issue yourself. Find out if there is concrete evidence of your guilt? Assumptions are not evidence of guilt and the employee is not obliged to prove his innocence.

If you have been accused, ask your employer what evidence he has. This way you can understand whether the bosses’ accusations are justified. If the evidence does not match the list below, you can rest assured.

What can serve as evidence?

Documents, estimates and reports where there is a shortage.
Filming from CCTV cameras.
Witness's testimonies.
Documents secured with an electronic signature.

What can't it?

Speculation, assumptions and rumors cannot be considered evidence. Inadmissible evidence is the testimony of the accused, taken without the presence of a legal defense attorney, and not confirmed by the suspect himself (Article 75 of the Code of Criminal Procedure of the Russian Federation).

How does the pre-investigation stage take place?

An employee who discovers a theft must notify management in writing, describing the whole situation in detail. The authorities organize a special commission with the appointment of a chairman. The commission will evaluate the entire evidence base, the written explanation of the accused and the testimony of witnesses. All accused persons must be promptly notified of investigative measures being carried out against them. The work of the commission is recorded in an act.

Based on the results obtained, a decision is made on the further responsibility of the suspects. If this did not happen, this is already a minus for those who accuse you. The court is already on your side from the very beginning, and even after learning that the plaintiff made such mistakes, the court will lean even more towards your side.

The Importance of Hiring a Good Lawyer

Reference! Investigative measures are a complex tactical process, including a set of techniques and methods aimed at identifying evidence of a crime.

Often, law enforcement officers exert psychological pressure on the person being interrogated. A person who is not accustomed to such techniques may become confused and say too much. Some facts can work against an employee.

Professional lawyers know how to build a line of defense, what is legal and vice versa. The assistance of a lawyer can consist of a one-time consultation, where advice will be given, or full support of the case. Under any circumstances, in the current situation, it is better to use the services of a specialist.

Investigation

After conducting its own investigation, the injured party submits an application to law enforcement agencies, on the basis of which an investigation will begin. The investigator goes to the enterprise where the theft occurred and carries out the following activities:

detection and seizure of possible material evidence;
interviewing witnesses and accused;
recording the situation and inspection of the scene of the incident in the protocol;
identifying conditions and reasons for theft.

During these actions, it is important for law enforcement officers to find out the circle of persons responsible for the theft, the amount of damage and the presence of qualifying circumstances. This will make it possible to determine what type of liability the act falls under.

Important! During the investigative check, suspects of theft may be asked to undergo a polygraph examination (lie detector). Everyone has the right to refuse. This test is carried out only voluntarily.

What and how happens next?

When the entire corpus delicti is revealed in the actions of the accused and sufficient evidence has been collected, the investigator decides to complete the preliminary investigation. He is obliged to notify the suspects and invite them to familiarize themselves with the case materials. Next, an indictment is issued. The case is sent to the prosecutor for confirmation and then to the court. If no evidence of illegal actions is found, the case is closed before it can be opened.

The employer has the right to appeal this decision, but this is a completely different story and in essence it is no different from the situation when the case was set in motion. Well, and then the judicial proceedings - everything here is according to the standard. Everyone who can is called, questioned, and a decision is made. If the decision was not made in your favor, you need to appeal it.

Where, when and how can I file an appeal?

An appeal must be filed before the court decision enters into legal force. In criminal proceedings, this period is 10 days from the date of the court’s decision. The appeal is submitted to a higher judicial authority. The document must be drawn up competently, using the services of professional lawyers.

Now we will tell you what managers need to do when a case of theft in the workplace is discovered.

Security measures to prevent theft

To prevent theft of funds from a bank account, the Bank must apply the following security measures:

An organized system of personnel selection and operational control of the actions of Bank employees because criminals may have accomplices from among them;
Double control of payment order verification, banking transaction confirmation system;
Effective anti-virus protection of the entire information infrastructure of the Bank;
Application of technical information security measures aimed at protecting against unauthorized access;
Application of organizational measures to protect information, also aimed at preventing the theft of funds from a bank account, and countering social engineering aimed at Bank employees.

For individuals using the RBS service, measures to prevent theft of funds come down to:

Non-disclosure of confidential, authentication information;
Use only licensed software, as well as mandatory installation of software and OS updates to minimize the exploitation of vulnerabilities;
Using advanced functions of the remote banking system, such as SMS-OTP/Push-OTP notifications;
Regularly changing passwords for the remote banking system and devices used to work in the remote banking system;
Limiting the software environment for using the remote banking system, for example, allocating a separate laptop for using only the remote banking system;
Prompt blocking of access to the RBS system or to a bank card if there are suspicions of fraudsters’ actions, suspicious calls are received, SMS messages of suspicious content are received, the fact of loss of the device from which the RBS system or bank card was used has been established, or the fact of compromise has been established authentication data for the remote banking system, bank card.

For legal entities, all of the above information protection measures are relevant to prevent the theft of funds from a bank account, with the addition of the following:

Using an effective CIPF, for example, an OTP token (issued at the Bank for a small fee);
Use of personalized accounts for each RBS user;
Setting restrictions on transactions;
Double verification of payment orders;
Using organizational measures to protect information, for example, at the end of a session with the remote banking system, the client must correctly shut down the work and remove the USB token.

Step-by-step instructions for a manager - what is he obliged to do when a case of theft is detected?

If theft of property is detected, the office manager must:

First of all, the manager is obliged to draw up a report on the fact of theft at work.
Write a statement to the police or delegate authority to do so to management.
Next, an inventory of the property is carried out to determine the extent of the damage.
You should then request a written explanation from the suspected employee. Refusal to be recorded in the protocol.
If the employee agrees to compensate for the damage, issue an order specifying the exact amount of the loss.
If voluntary compensation for damage is refused, we go to court or wait for the investigation.

You will learn how to correctly draw up an act of theft from this article.

Measures to prevent corporate crime

CCTV.
Reliable database protection.
Systematic inventory.
Creating your own security service.

Features of dismissal and assignment of responsibility when theft is detected

Money from the cash register

If you detect the disappearance of funds from the company's cash register, follow the instructions below. You need:

issue an order to withdraw cash from the cash register and identify the missing amount;
conduct an inventory of property;
ask for an explanation from the cashier;
contact the police.

Director of LLC

Theft is the appropriation of SOMEONE else's property. Material assets owned by an LLC are not the property of the founder and director. This means that if a director embezzles from an enterprise, he can be held accountable. This requires a statement from the injured party and identification of all the elements of the crime.

Problems arise with such an element of composition as the subjective side. It is difficult to prove that the director of a company has a selfish goal and a desire to cause material damage to his own company. However, if there are facts about the illegal withdrawal of funds and personal enrichment, directors are successfully brought to justice for official theft.

You can learn more about the elements of the crime of theft here.

Procedure for detecting theft of funds

What to do if you notice the theft of funds from a company account? Can they be returned? In principle, this is possible if you use the services of a theft lawyer or follow the following procedure:

Contact the bank and notify them about what happened. It is best to use fast communication channels: hotline, online chat, etc. Inform the financial institution how much is missing, the time of payments (if they can be determined) and other details. If the company uses mobile banking or other similar systems, ask to temporarily block the account to prevent further loss of money.
Submit a written application to the bank with a request to suspend unwanted payments and return the funds to the account. To receive a refund, you will need an official document signed by the director of the company, which confirms the fact of theft. It must be transferred to the financial institution as early as possible, preferably on the day the loss is discovered or the next. Receipt of such a statement will initiate an internal investigation within the bank and will facilitate the return of funds.
Contact the police to report a crime. As in the case of a bank, the appeal must be submitted as quickly as possible, preferably within 24 hours after discovering the loss of funds. Remember that a hot pursuit investigation is always much more effective.
If you were able to identify the recipient of the payment and the bank where the funds were sent, it is worth contacting them as well. The application to the recipient's bank must contain a request to suspend the payment and conduct an audit, and the recipient must be required to return the payment. Remember that you can also go to court to recover unjust enrichment (and the receipt of the amount into the account without performing services will be such), so indicate this possibility in your appeal to the recipient.
Conduct an internal investigation to determine who is involved in the theft and how. It is often possible to identify the criminal’s accomplices or even direct thieves among the company’s employees: an electronic key to an account was stolen, a signature or seal was forged, a fictitious power of attorney was issued, etc. This measure, in addition to identifying unreliable employees, will help prevent similar situations in the future and increase the security of the company.

In the future, it is necessary to constantly monitor the progress of the criminal investigation. It is also important that law enforcement agencies officially recognize the company as the injured party; this will allow them to take part in court hearings and simplify the return of funds.