Debt recovery advising by company employees who lose company money

Luật Sư: Lê Minh Công

14:39 - 11/05/2020

Contents of the case: MD company based in Ho Chi Minh City is a company in the trade of refrigeration machinery. Mr. Huy H is a sales officer of MD company, starting from May 3, 2019. With the operation of the Company, the customer will pay the goods through the company's account or hand over cash to the sales staff, then the sales staff will return it to the company. On 17/08/2019, Mr. Huy H has delivered products to the house to customers of MD Company. Customers paid the amount of VND 67 million to Mr. Huy H, instead of returning to the Company to pay, Mr. H went to drink with you. According to the report on 20/08/2019, Mr. H left the money in the trunk of the car, then went to drink with you, then returned home to sleep, the next morning checked to find out there was no money left. Therefore, Mr. Huy H wishes the Company to give him time to pay this amount.

Debt recovery advising by company employees who lose company money

After studying the dossier, case information, we advise as follows:

Through the case can be seen favorable that Mr. Huy H has confirmed his responsibility for the amount of debt to be paid to the Company, still coordinate to record the incident took place. Have a cooperative attitude and look forward to being paid 5 million / month. But the problem is that the accuracy of the case is unknown because the loss of money has not yet been recorded and verified by the investigating body; Mr. Huang's ability to pay once was not great. Therefore, we propose a solution in the following steps:

Step 1: Record the incident

Ask Mr. Huy H to rewry a report detailing the incident. Specifically, the contents include: time to take money, license plate to money, in the process of moving, who Mr. Huy H accompanied, who knows who mr. H left money in the trunk, Mr. H to the pub at what time, where the pub is, where the trunk is trusted in any detail, who goes to the pub together , does the pub protect the car, when it detects the loss of money, what does Mr. H do,...

In the course of working with Mr. H, attention should be taken on this man's attitude. Is Mr. H worried when he loses money, is the testimony before and after uniform? If possible, record the content of the verbal exchange of information about the incident before writing the report.

Step 2: Coordinating with police agencies

Verify whether Mr. H's testimony is true. Does the content of the incident provided by Mr. H help the police find the culprit?

Step 3: Find a solution

If the investigation shows that Mr. H was genuinely stolen: The company should assess Mr. H's financial ability (what assets there are currently), how Mr. H's current circumstances are, whether Mr. H's capacity and working attitude are good. If possible, the two sides should agree on a roadmap to pay the remaining 65 million, it is best that within 03-05 months Mr. H must pay the full amount above.

If the investigation shows that Mr. H was not stolen: It is necessary to ask Mr. H to immediately pay the full amount above. At the same time, inform Mr. H, if the above amount is not immediately paid, the company will prosecute criminally. In this case, Mr. H must pay the full amount and can be imprisoned.

Step 4: Strengthen management

  • The company needs to do, handle the case in a drastic and thorough way to deter other employees.
  • The company also needs to add in the company's rules about the responsibilities of employees for the management of company assets.

If you need legal advice on debt collection please contact the call center 19006512 for the most specific solution.

Luật Sư: Lê Minh Công

Luật Sư: Lê Minh Công

Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.

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