根据《中华人民共和国刑法》第一百六十三条，公司或者其他单位的工作人员利用职务之便，索取他人财物或者非法收受他人财物，为他人谋取利益。[crime of bribery of non-state functionaries]
很多外贸企业都面临一个难题，如何避免员工擅自获取回扣。 我们要了解员工收受回扣是否违法。 同时，要依法依规制定公司内部规则。
- If the company's employees receive a rebate of more than 5000 yuan, it is against the criminal law.
- Specific sentencing standards: more than 5000 yuan but less than 100000 yuan, with a term of imprisonment of less than 5 years. More than 100000, with a term of imprisonment of more than five years.
- The company has the right to ask employees to compensate for economic losses. Have the right to dismiss the employees who receive the rebate immediately without paying any compensation.
- For the crime of bribery of company and enterprise staff, the briber will also violate the criminal law, with a term of imprisonment of less than three years (50-100000) and more than three years (100000). However, those who take the initiative to account for bribery before being prosecuted may be exempted from punishment.