Civil liability for compensation
Case 1: The chief financial officer resigned dissatisfied and deleted the company documents, resulting in a loss of 7,000 yuan.
Source: Dongfang.com.
The east. Com 65438+ 10/5 News: According to the Evening News, the financial controller failed to return the company's computer in time because of dissatisfaction with the expiration of the labor contract, and deleted the relevant documents in the computer privately, which led to the economic loss of the company's alleged data recovery. Recently, Shanghai Pudong New Area People's Court made a first-instance judgment, and the defendant Mr. Shi should compensate the plaintiff, a semiconductor equipment company in Shanghai, for its economic loss of 7006 yuan. Reject the rest of the company's claims.
From April 2007 to March 2009, Mr. Shi worked as the financial controller in a semiconductor equipment company in Shanghai. On March 26, 2009, the labor contract between the company and Mr. Shi expired, and the two parties dissolved the labor relationship and went through the resignation procedures for Mr. Shi, but Mr. Shi took the company computer that originally belonged to him, and the relevant personnel failed to dissuade him. On April 10 of the same year, under the coordination of the company's directors, Mr. Shi returned the computer, during which Mr. Shi deleted some files in the computer.
The plaintiff, a semiconductor equipment company in Shanghai, thinks that it takes manpower and material resources to recover the data, but it has not been recovered so far. Therefore, he appealed to the court and asked Mr. Shi to compensate for the economic loss of more than 2 1000 yuan (including the cost of restoring the information, extra wages for employees, parking fees, gasoline fees, etc.) caused by stealing the company's computers and maliciously deleting the company's information.
The court held that Mr. Shi did not return the computer in time and deleted the relevant documents in the computer privately when he left his job, which violated the company's regulations. It is reasonable for the company to recover the data when the specific content of Mr. Shi's deleted data is unknown, resulting in a reasonable loss of 6006 yuan, which should be compensated. The company asked Mr. Shi to compensate for the parking fee and gasoline fee, but the documents he provided were not enough to prove his claim, so the court determined the parking fee and gasoline fee as * * * 1 1,000 yuan as appropriate. Accordingly, the court made the above judgment.
administrative responsibility
? Case 2: Female employee was refused to resign and maliciously deleted company data and was detained for 7 days.
? Source: Beijing Morning Post
Yang, the editor of the women's volleyball team who has only worked for more than 20 days, deleted most of the electronic data in the company's four computers after his resignation was rejected. Yesterday, the reporter learned from Fengtai police that Yang was administratively detained by the police for 7 days for disturbing public order.
1October 3 165438+2 1, Liuliqiao Police Station of Fengtai Public Security Bureau received an alarm from110, claiming that the electronic data in four computers of a printing company near Liuliqiao had been maliciously deleted. The informant is the boss of this company.
It turned out that in June 5438+10 this year, Yang came to the company to take charge of typesetting business. After working for more than 20 days, Yang really can't stand it because of the large business volume and frequent overtime. In addition, Yang's residence is far away from the company and it is inconvenient to go back and forth, so Yang asked his boss to leave the company on the afternoon of June 5438+065438+10.3, and was rejected. In a rage, Yang deleted all the electronic data of four computers.
Criminal responsibility:
Case 3: A staff member resigned and was jailed for venting his anger and deleting computer files.
When many people quit their jobs, they often clean up their own computers and delete and modify their own design files at will. Huang deleted some files from the computer he used before leaving his job, and was taken to court by the company. After nearly half a year's investigation, many court sessions and heated debates, the company also invited the Network Section of Foshan Public Security Bureau for identification. Recently, the Nanhai District People's Court made a judgment on this case: Huang was sentenced to three years in prison for the crime of undermining production and operation. ?
Didn't the promise of a raise come true?
From August 2000 to August 2002, Huang was employed by a printing and packaging company in Nanhai District, Foshan City, responsible for the design and production of printing computers.
When I first entered the enterprise, the person in charge promised a monthly salary increase 15% after working for one year. But a year later, the company failed to fulfill its promise of a salary increase. Another year has passed. In August 2002, the business owner talked to Huang about continuing to sign the contract. Huang made another promise of a salary increase, but it was rejected. Huang quarreled with his boss.
Back in the office, Huang Yue thought more and more angry: If the enterprise does not cash in the salary increase, it is better to resign. Where can't I find a job with skills? ?
Deleting company computer files caused trouble?
I have kept my heart all my life and watched computers do design work. The more I think about it, the more unwilling I am: can't all the fruits of my labor be left to later generations? Need to be deleted. In the next two days, Huang "revised" more than 80 plate-making documents in the computer, and deleted the "beer line" (that is, the die tangent, including the finished product specification line and the indentation line) of the single-page document that she thought belonged to her own working method.
Then Huang left the company. Soon, the company needed to transfer the document printing box, and turned on the computer and found that the color was a bit wrong. I checked the computer again and found that more than 80 places were deleted. After files such as die tangent are deleted, you need to export the movie several times and re-create the "beer version" to restore it. The company believed that Huang deliberately deleted the production documents to vent his dissatisfaction, so he reported the case to the Public Security Bureau, and the public prosecution agency sued Huang to the Nanhai District People's Court for the crime of destroying production and operation.
Is the crime of destroying production and operation established?
In the court debate, Huang thought that she didn't delete any documents, but deleted the "beer line" of the single-page document, which was her own working method. Deleting the recoverable "beer line" in relevant plate-making documents is to prevent successors from learning their own professional technology, and there is no subjective intention to destroy production and operation.
Appraised by a price firm in Nanhai, it cost 42,207 yuan to repair 80 plate-making documents deleted by Huang. The public prosecution agency provided the court with the report statement of the plaintiff's enterprise, the evaluation list of the price firm, the appraisal of Foshan Public Security Bureau and other evidence.
The court held that Huang deliberately deleted computer information to vent his anger and revenge, undermining the production and operation of the enterprise. If the circumstances are serious, his behavior has violated the provisions of Article 270 of the Criminal Law of People's Republic of China (PRC), which constitutes the crime of undermining production and operation. He was sentenced to three years in prison.
The court reminds people: be careful when deleting enterprise documents, and never delete the documents being used in the production and operation of enterprises, otherwise the enterprises may take you to court.