What are the risks of the company's false income certificate?
Case interpretation:
1, a state-owned enterprise with more than 400 employees.
Many employees of the company need proof of income when they buy a house or a car.
3. In order to help employees, the company has formulated the regulation of issuing false income certificates.
4. Regulation: The employee requires the company to issue false income certificates and social security certificates for his own reasons, and declares that he does not claim any legitimate rights and interests.
5. After the introduction of internal regulations, there has been no problem.
Objective: To avoid legal risks, issue reasonable income certificates and let employees buy houses and cars.
Case study:
First, the purpose of employee income certificate
1, buy a house, buy a car, etc.
This is the most one. Many people buy a house and apply for a house loan. Banks have to issue income certificates to prove their repayment ability. According to the loan amount, banks need buyers to have a certain income. Many people buy a house, the family income is enough to repay the loan, but they are too lazy to go through the formalities, or others are self-employed, so they ask the company to issue false income certificates.
Recently, several people in the company asked the company to issue proof of income, all of whom bought houses and demanded higher prices.
Step 2 apply for a credit card
When it comes to handling credit cards, many banks will require cardholders to issue proof of income when handling credit cards, and the credit card handlers will directly tell you to open more, so that the amount can be higher. I will meet someone who will directly tell me how much to open.
3. In order to afford a house
Affordable housing refers to the housing provided by the government for low-income families with housing difficulties with limited standards, prices or rents.
In order to buy affordable housing or rent low-rent housing, some people require the company to issue a certificate that the income is lower than the actual salary.
4. Other reasons
Some people in traffic accidents or other injuries, in order to get more lost time, ask the company to give them higher income certificates, and many times the company will give them.
Some people want to leave their jobs and get rich, so they make up a reason to buy a house or something and let the company issue an income certificate. In fact, they want to make a fortune.
Second, the company gives employees false income certificates.
Many companies clearly know that false income certificates are risky, but they still issue them to employees. First of all, they really want to help their employees. After all, they are their own employees. Help them if you can. The second is to believe in the character of employees and feel that they will not be unable to repay their loans or credit cards, nor will they blackmail the company.
Third, the risk of the company's false income certificate
1, the unit issued a false income certificate suspected of tort liability.
As I have just analyzed, employees falsely issue income certificates in order to apply for credit cards or buy houses.
Most time units lied about income, which proved that nothing actually happened. CCTV Oriental Time and Space once conducted a related survey, in which more than 2,800 people participated. Statistics show that the truth is only 33%, that is, one third. Many times, the bank took out a mortgage or credit card knowing that the employee's income certificate was false. It doesn't matter if there is no accident. If something goes wrong, just look for the unit with the income certificate.
What are the accidents?
1) If an employee makes a vicious overdraft after handling a credit card and then fails to repay it, the person will disappear and the company will bear corresponding responsibilities.
2) When some banks sign credit card contracts or housing loan contracts with applicants, they regard the income certificate issued by the unit as an integral part of the contractual rights and obligations. Once the income certificate issued by the unit is untrue, not only the employee (applicant) faces the risk of being sued by the bank, but also the unit that has broken its promise may be added as a third person by the bank on the grounds of "interested party" and bear legal responsibility.
Everyone knows about the subprime mortgage crisis in America, right? It's the mortgage. In the first half of this year, the purchase restriction policy led to a decline in house prices. The house that many people bought last month is cheaper 1000 yuan per square meter next month, which has caused many people to protest. If the house falls too much, many speculators will give up the mortgage and let the bank take it back. In this process, the mortgage can not be recovered, so the bank seeks joint legal responsibility from the unit.
Summary: If the unit submits false income certificates to the bank and the bank issues credit cards or approves mortgage loans according to these income certificates, the unit may bear legal responsibilities. Because the unit is subjectively knowingly and intentionally, it does not rule out that the unit and the employee "maliciously collude" and constitute infringement. Banks can pursue the civil liability of the unit through tort litigation.
2. Limited access to corporate loans.
The Bank's Internal Compliance Operation Manual stipulates that the Bank will not accept the certificates of companies that have issued false income certificates and verified them. If the company enters the "blacklist" of banks, it will have an adverse impact on the company's future project loans and financing.
There is no company that does not apply for a loan when it is operating, because a false income certificate leads to a stain on the bank, which is not worth the loss.
3. Administrative punishment
20 1 1, Ma XX, an employee of Ningxia Branch of Agricultural Bank of China, broke through numerous examinations and successfully made his name appear on the "Public List of Families Applying for Affordable Housing in Yinchuan (Fifth Batch)". As a result, someone reported that he was not qualified but successfully applied for affordable housing, so Ma was disqualified from buying affordable housing and could not buy it again within 5 years. The relevant person in charge of the company was also punished by informed criticism and performance.
As can be seen from the case, the company was not punished for issuing false certificates. Because the current laws and regulations are not perfect, but many places have begun to introduce relevant laws and regulations to avoid such incidents. For example, according to the regulations of Tianjin and district housing security management departments, a very small number of applicants who issue false income certificates to purchase affordable housing for targeted sales are ordered to make up the purchase price difference according to the market price, and their units are given administrative sanctions.
Although administrative punishment does not hurt the bones or impose fines, it has a great impact on the company. Hang up the number in the government department, and don't think about any tax tilt in the future. I wish I hadn't examined you carefully.
4. Forge litigation evidence and bear legal responsibility.
Case: Lao Cheng fell while shopping in the supermarket, resulting in a fracture of his right hip. He spent more than 8000 yuan on medical expenses and stayed in bed for 3 months. Because of medical insurance, in addition to reimbursement, Lao Cheng claimed to the court that the supermarket compensated him for more than 800 yuan of medical expenses and 30,000 yuan of nursing lost time. In order to get more compensation, Lao Cheng sued the court, claiming that his son took care of him during his three-month bed rest, and his monthly income was 6.5438+0 million yuan, and submitted the income certificate of lost time issued by his son's company. The supermarket does not recognize this income certificate of lost time. After investigation and verification, the income of Lao Cheng's son is only about 2,200 yuan. As this proof of lost income was the main evidence of the case, which directly affected the trial of the case, the court finally punished the person directly responsible.
According to the relevant laws and regulations, if a litigant participant or other person forges or destroys important evidence and hinders the people's court from hearing a case, the people's court may impose a fine or detain it according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law. The people's court may impose a fine or detention on the principal responsible person of the unit or the person directly responsible for the above acts; If a crime is constituted, criminal responsibility shall be investigated according to law.
5. Labor disputes
This is the most common. Many times, the company kindly gives employees proof of income to buy a house and get a credit card. As a result, employees extort money from the company, and they have to pay back wages or social security. The following is an example of a source network:
Kobayashi, who graduated from college not long ago, sued a company in court, demanding to confirm the existence of labor relations with the company, paying double wages without signing a labor contract, and compensating for social security losses. The most important evidence submitted by Kobayashi is the income certificate issued by the previous company. During the trial, the company denied the existence of labor relations with Kobayashi. Kobayashi asked the company to issue a proof of income and let him apply for a credit card through an acquaintance. The relevant person in charge of the company gave Xiaolin an income certificate because of face, but the certificate only went through the loan formalities for Xiaolin.
In the standard of labor relations, the income certificate issued by the employer to the laborer is an important reference certificate. In this case, because the income certificate issued by the company clearly recorded that Xiaolin was an employee of the company, the company proposed that it could not be used as an excuse to determine the existence of labor relations on the basis of recognizing the authenticity of the certificate. If there is no effective evidence to support this excuse, then the evidential effect of income proof will be hard to be denied, which will lead to the risk of losing the case.
Fourth, if you avoid risks?
Many times, people will do bad things with good intentions, thinking that it is a matter of lifting a finger, and will give a proof conveniently. Employees also think it's not a big deal. Deliberately tossing him without a certificate, resulting in contradictions between employees and the company.
Many times, department managers and the like will force the human resources department to issue false income certificates to employees, and sometimes the boss himself will ask for them.
In order to avoid this situation, the human resources department should tell the boss the seriousness of the matter when issuing false income certificates for the first time, so that the boss can understand that issuing false income certificates is not a trivial matter, and then give you a lecture on legal knowledge with the boss's consent, so that everyone can understand the seriousness of the matter.