Let's analyze the case first:
1, the company has a unified financial account number, and when the supplier makes money, the company's finance will have detailed accounts. If you have a financial account number, and the supplier has been crediting the company's financial account number, then you can refer to Article 8 of the Anti-Unfair Competition Law of People's Republic of China (PRC):
Business operators shall not bribe the sale or purchase of commodities with property or other means. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who secretly accept kickbacks outside the account shall be punished as accepting bribes. When selling or buying goods, business operators can give discounts to each other in an express way and can give commissions to middlemen. If an operator gives a discount to the other party or a commission to the middleman, it must be truthfully recorded. Operators who accept discounts and commissions must record them truthfully.
If this is the case, you can sue the employee for commercial bribery, and you have a good chance of winning.
2. If your company does not have a unified financial account number or has a unified financial account number, but the collection is not standardized, sometimes customers (here called customers who have economic contacts with the company) directly give money to the company, which is also very common. If the customer insists that the money has been paid to the account of the resigned salesman and you ask him to make a written statement, then you can directly sue the resigned salesman for illegally obtaining payment for the company without suing the employee for commercial bribery.
According to article 27 1 of the criminal law promulgated by 1997, "personnel of companies, enterprises or other units who take advantage of their positions and illegally accept property of their own units, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. "
According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for prosecuting economic crimes. Employees of companies, enterprises or other units who take advantage of their positions and illegally take the property of their own units for themselves, with the amount of more than 5,000 yuan and less than 654.38+0,000 yuan, shall be prosecuted.
3. Regarding the issue of not signing a labor contract with employees, if a labor contract is not signed, both parties will establish a factual labor relationship, which is also protected by law.
What you are worried about is the money he received from the supplier after leaving his job. This does not affect the above allegations, because the above two facts have been reached.
5. Please pay attention to organize, collect and save the following documents:
Relevant records of QQ contact between employees and customers, relevant records of salary paid by the company to employees, relevant records of employee payment, and relevant records of economic exchanges between customers and the company.
6, refer to the law:
Article 8 of People's Republic of China (PRC) Anti-Unfair Competition Law
Article 2 of the Interim Provisions on Prohibition of Commercial Bribery
Article 9 of the Provisions on the Prosecution Standards of Economic Crime Cases
People's Republic of China (PRC) Labor Law and Labor Contract Law