Recently, the investigation Actual Combat center of Luntai County Public Security Bureau successfully detected a case of duty embezzlement and arrested a criminal suspect, involving a sum of more than 1.92 million yuan.

It was found that the criminal suspect Liu Mou took advantage of the company's trust and the convenience of serving as a branch manager, embezzled more than 1.92 million yuan of the company's project funds through the direct payment of a third party under the contract, and all the embezzled funds were used for the daily operation and investment of his restaurant.

------ (Source: Ping An Wheel)

1. Back transfer is very important

The suspect in the above case, Liu Mou, is in charge of the Luntai County branch of Xinjiang Green Island Ecological Group Co., LTD., a subsidiary of the parent company, but in addition, Liu Mou also operates his own restaurant, which is a commercial conflict of interest behavior, and the company did not timely detect and prevent and control, so it leaves hidden dangers, creating the position encroachment case.

Duty encroachment cases often occur, often because of the employer's weak risk prevention awareness and the lack of employees' credit in the workplace. Business conflict of interest is often overlooked when enterprises carry out on-boarding transfer of employees. However, in the actual employment process, the loss brought to the enterprise due to the conflict of commercial interests is quite serious.

In the workplace, there are many people who will use the company's resources for personal gain, and this kind of covert behavior is not uncommon. These people may use the company's customer resources, trade secrets, or other opportunities for personal gain, and these actions will not only damage the reputation of the company, but also may lead to financial losses and legal disputes.

Therefore, it is crucial for employers to pay attention to the on-boarding and prevention of commercial interest conflicts, so as to ensure that the interests of enterprises are not harmed.

2. Identify risks and prevent them

Reciting business conflicts of interest mainly involves checking a candidate's position outside of the company listed on the resume, including corporate, shareholder and executive records of a company. This is mainly to help the employer avoid the job risk that the candidate may bring.

It should be noted that the following behaviors may constitute a conflict of business interests. If HR finds such a situation in the back transfer, it should make appropriate recruitment decisions based on the development needs of the enterprise and the actual situation, and implement corresponding preventive measures:

• The applicant has a compete agreement with another company, but is trying to work for a competing company.

• Candidates are executives, shareholders, or legal representatives of other companies that directly or indirectly compete with the company they are applying for.

• The applicant holds shares or has investments in other companies that have conflicts of interest or compete with the company.

3. Effective prevention to improve efficiency

Once the employee has the business interest conflict, it will seriously damage the company's economic interests and reputation, and may even cause legal disputes. In order to prevent the business interest conflict, the employer can take the following effective measures from the interview to employment:

• Interview: During the interview, ask the candidate if there is a competition agreement or any other conflict of interest with the company.

• Recruitment: Conduct strict background checks in the recruitment process, check the candidates' existing business interest records and verify whether they have signed relevant competition agreements, and understand their past work experience, position and business situation of the company.

• Employment: Clearly agree on a non-competition clause in the labor contract, prohibiting employees from engaging in activities that compete with the company's business during their tenure.

• Management: Establish a sound internal control and risk management mechanism, timely detect and deal with potential conflicts of interest.

Commercial conflict of interest is only one of the risks of employment, in recent years, candidates "falsification of academic credentials", "resume flooding", "malicious rights protection", "professional salary fraud" and other problems emerge in an endless stream, enterprises want to avoid employment risks in a timely manner, need to start from the source of recruitment, do a good job of staff back transfer, in order to fundamentally solve the problem, but also effectively improve the overall talent benefits of the enterprise!

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