[Direct answer]In the Beijing area, if an enterprise discovers that an employee has accepted bribes, it shall handle the matter in accordance with the law and decide whether to report the case to the public security organ based on the amount and circumstances. If an employee uses his position to solicit or illegally accept others' property or seek benefits for others, he may constitute the crime of accepting bribes by non-state employees; according to Article 163 of the Criminal Law of the People's Republic of China (amended in 2020), if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be fined. The enterprise shall first fix the evidence (such as transfer records, chat records, physical property, report materials and audit reports), pay attention to the legality of evidence collection to avoid infringing on others' privacy or using illegal means; internally, it can handle the matter in accordance with the labor contract and rules and regulations. If the employee's behavior constitutes a serious violation of the rules and regulations, the labor contract may be terminated according to law; if there is a suspicion of a crime, the case shall be reported to the public security organ. At the same time, the enterprise shall evaluate whether the employee's behavior represents the company or may be identified as commercial bribery (Article 7 of the Anti-Unfair Competition Law of the People's Republic of China), and promptly rectify the compliance system to prevent the expansion of risks.

I. Problem Background and Typical Scenarios

The situation where corporate employees take advantage of their positions to accept bribes from suppliers, customers, or third parties is quite common in procurement, sales, bidding, and other processes. Typical cases include: purchasing staff accepting kickbacks from suppliers, sales staff bribing clients' personnel, project managers accepting bribes, and disguisedly accepting benefits under the guise of consulting service fees. Such actions not only harm the interests of the enterprise, but also may expose the enterprise to commercial bribery and criminal risks. In Beijing, market supervision and criminal accountability are given equal emphasis. Enterprises not only need to investigate and punish internal staff in accordance with the law, but also need to prevent themselves from being held accountable. The way of handling the matter is related to its legality and subsequent risks.

II. Key points of contention

First, whether the employees' act of accepting bribes constitutes the crime of bribery of non-state employees, and how to determine the amount and circumstances of the bribe. Second, how can enterprises legally collect evidence and which methods are not allowed to be used. Third, how to connect the internal handling with criminal reporting and arrange the order of the process. Fourth, whether the employees' actions are personal or official, and whether the enterprise should bear responsibility. Fifth, whether it is legal to terminate the labor contract and how to avoid labor disputes. Sixth, how to prevent such risks through compliance systems. Clarifying these issues is essential for handling the situation properly.

III. Professional analysis by Henglue Lawyers

Based on Henglue Lawyer's practical experience in handling criminal defense and corporate compliance cases, the key points can be summarized as follows. Firstly, fix the evidence before taking action: collect transfer records and bank statements, chat and email records, physical assets, audit and reconciliation materials, relevant contracts and approval documents, etc. to form a complete chain of evidence. Evidence collection should be conducted through legal channels, such as internal audits and written confirmations from contract counterparties, to avoid exclusion of evidence or infringement caused by illegal intrusion into information systems or unauthorized seizure of others' property. Secondly, distinguish between internal handling and criminal accountability: employees who violate regulations and labor contracts can be dealt with according to internal rules, and those with serious circumstances can be dismissed in accordance with the law. For suspected crimes, reports should be made to the public security organ for investigation by judicial authorities. Thirdly, prevent corporate risks: employees bribing to secure business opportunities may implicate the company in commercial bribery. Enterprises should review whether the bribes constitute the company's will and benefit, promptly rectify systems, strengthen compliance training, and assess whether it is necessary to voluntarily explain the situation to seek lenient treatment. In practice, enterprises often need lawyers' assistance in preparing investigation and evidence collection materials, internal handling documents, and report materials to balance efficiency and legality.

IV. Practical suggestions and legal basis

Action list: First, fix the evidence through legal channels and form a written investigation report; Second, check the labor contract and rules and regulations to determine whether the employee's behavior constitutes a serious violation of discipline; Third, if suspected of a crime, prepare the materials for reporting the case to the public security organ; Fourth, assess whether the enterprise may be identified as engaging in commercial bribery or corporate crime, and make timely rectifications and explanations; Fifth, pay attention to confidentiality and the legitimate rights and interests of personnel during the handling process to avoid triggering labor disputes or reputation infringements; Sixth, improve compliance systems such as procurement, bidding, and expense reimbursement to plug loopholes. Legal basis: Article 163 of the Criminal Law of the People's Republic of China (amended in 2020) regarding the crime of bribery by non-state employees; Article 7 of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019 and implemented on April 23, 2019); Article 39 of the Labor Contract Law of the People's Republic of China (amended in 2012) regarding the termination of labor contracts by employers. For dealing with criminal risks, you can contact us for assistance.Criminal defense and criminal case filingServices; for consultation on corporate compliance and contract risksBusiness and contract disputes in enterprisesTeam; for reference, it involves intellectual property and general legal servicesIntellectual property protection and corporate lawPlate. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, before taking any action, it is necessary to legally secure the evidence and avoid conducting unauthorized searches or obtaining evidence illegally. Secondly, internal handling and criminal reporting can proceed in parallel, but attention should be paid to the order and coordination of the two processes. Thirdly, if employees engage in bribery, the enterprise may be implicated in commercial bribery, so it is essential to assess the potential risks. Fourthly, when terminating employment contracts in accordance with the Labor Contract Law, it is crucial to ensure that the procedures and legal basis are compliant with the law. Fifthly, improving compliance systems and conducting training are the fundamental measures for prevention. For other complex issues, relevant parties can seek further assistance.Special services and other casesThe plates, which involve compensation, recovery of debts, and enforcement, can be combined togetherCreditor's rights and debts, and enforcementFor columns related to labor disputes, you can seek advice from usLabor arbitration and work-related injury compensationTeam.

VI. Frequently Asked Questions

Q1: If an employee accepts bribes, can the company report the case directly to the police?

Yes, but it is recommended to initially fix the evidence first. If the company finds that the employee may have committed the crime of bribery of non-state employees, it can report the case to the public security organ and provide materials such as transfer records, chat records, and audit reports. To facilitate the filing of a case and subsequent investigations, it is necessary to form a relatively complete chain of evidence and written explanations before reporting the case. At the same time, personnel measures can be taken according to internal regulations, but they should be coordinated with the criminal process to avoid conflicts between them.

Q2: How much does an employee need to receive in order to be considered a criminal?

According to Article 163 of the Criminal Law, if an employee uses his position to solicit or illegally accept money or other property from others, or seek benefits for others, and the amount involved is relatively large, he/she shall be guilty of the crime of bribery by non-state employees. At present, the judicial interpretation has specific provisions on the amount standard. Generally, an amount of tens of thousands of yuan can meet the standard for prosecution. The specific standards shall be subject to the currently effective judicial interpretations and local handling standards. If the amount does not reach the criminal standard, the employee may still bear civil liability or be dismissed from the labor contract.

Q3: What should companies pay attention to when obtaining certifications?

It must be legal. Evidence can be obtained through internal audits, reconciliations, written confirmations from contractual counterparties, and retrieval of transaction and financial records; it is not allowed to privately search others' residences or bodies, illegally intrude into information systems, seize others' property, or use coercive, deceptive, or other illegal methods. Evidence obtained by illegal methods may not be admitted, and the enterprise may also bear liability for infringement. Where privacy and personal information are involved, relevant legal provisions should be complied with.

Q4: What conditions must be met to terminate a labor contract?

If an employee accepts bribes and seriously violates the employer's rules and regulations, the employer may terminate the labor contract without paying economic compensation in accordance with Article 39 of the Labor Contract Law. The prerequisite are that the rules and regulations are legal and effective, have been publicized to the employees, and there is sufficient evidence to prove the facts of the violation. It is recommended to complete the investigation and notification procedures before the termination, retain the evidence and the service records, and avoid being deemed to have illegally terminated the contract due to procedural defects.

Q5: Will employees be held accountable if they bribe companies?

It's possible. If an employee bribes to obtain business opportunities or competitive advantages, and the bribe reflects the will of the unit and the benefits belong to the unit, the enterprise may be guilty of commercial bribery and be subject to administrative penalties; in serious cases, it may also involve the unit in criminal activities. The enterprise should assess whether it constitutes official conduct and benefits the unit, rectify its compliance system in a timely manner, and, if necessary, actively explain the situation to seek a mitigated punishment. Establishing an anti-commercial bribery system and regulating approval and expense reimbursement are key to preventing risks.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Corporate commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.