Is claiming high-temperature subsidies in work groups actually a scam? Cases are surging across many regions; lawyers teach you three ways to spot it and defend your rights.
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Recently, police departments across multiple regions nationwide have issued frequent warnings: criminals are infiltrating corporate work groups, impersonating administrative or financial personnel to distribute "high-temperature allowance application notices" with phishing links or QR codes attached, luring employees to click and fill in bank card numbers, verification codes, and other information, thereby stealing and debiting funds. This type of scam exploits the public hot topic of summer high-temperature allowances, precisely targets workplace scenarios, and is highly deceptive. As lawyers, we must not only remind the public to "not fall for it," but also analyze the criminal and civil liabilities behind the scam from a legal perspective, and tell everyone how to protect their rights in accordance with the law.
1. Deconstructing the Scam Tactics: Appearing as a "Welfare Notice," but in Reality, Precision Fraud
The typical script for this type of fraud is: scammers obtain company employee information through illegal channels, or directly infiltrate unsecured work groups, disguising their profile pictures and nicknames as company HR or financial executives. They post a seemingly official "High-Temperature Allowance Payment Notice," claiming, "In response to national policies, high-temperature allowances will be issued starting this month. Please scan the QR code or click the link to fill in your receiving account." The linked page often imitates the company's internal system or government platform, requesting the input of your name, ID number, bank card number, and SMS verification code. Once submitted, the money is transferred away.
From a legal characterization perspective, this conduct is suspected of constituting the crime of fraud as stipulated in Article 266 of the Criminal Law. According to judicial interpretations, defrauding public or private property valued between 3,000 yuan and 10,000 yuan or more constitutes a "relatively large amount," which is punishable by up to three years' imprisonment, criminal detention, or surveillance, and may also or alternatively include a fine. If the amount involved is enormous or the circumstances are serious (such as targeting multiple victims or causing severe consequences), the sentence will be significantly increased. Additionally, the illegal acquisition of citizens' personal information may also violate the crime of infringing on citizens' personal information as stipulated in Article 253(A) of the Criminal Law.
2. What responsibilities do enterprises have? Improper management of work groups may result in joint liability for compensation.
After many employees are scammed, their first reaction is to seek compensation from the company. This involves a key legal question: do enterprises have a security obligation with regard to fraudulent information in work group chats?
According to Article 1198 of the Civil Code, operators or managers of business premises or public venues, or organizers of mass activities, who fail to fulfill their safety protection obligations and thereby cause harm to others, shall bear tort liability. Although a work group chat is not a physical venue, as a daily management tool of an enterprise, enterprise managers bear a basic duty of review and management over information published in the group. If an enterprise fails to verify the identities of those joining the group, or fails to establish an officially certified channel for important notices, resulting in employees being defrauded due to their reasonable reliance on the company's name, the court may determine that the enterprise bears a certain degree of fault and shall bear compensation liability on a proportional basis.
In 2023, a court in Zhejiang ruled on a similar case: an employee was deceived by a fake salary subsidy link posted by "finance" in a work group, and the court found that the company had not established a standardized group management system, ordering the company to bear 20% of the compensation liability. Therefore, enterprises should promptly establish a real-name system for work groups, a dual verification mechanism for important notices, and regularly conduct anti-fraud training. This is not only a management requirement, but also a legal risk prevention measure.
3. How can employees protect their rights after being defrauded? Lawyers provide a four-step operational guide.
If you unfortunately fall victim, don’t panic. Follow the steps below to recover your losses to the greatest extent.
First step, immediately freeze the account. Call bank customer service or report the bank card as lost through the App as soon as possible to prevent funds from being transferred out further.
Second step, preserve evidence. Keep all information such as the fraudulent links, chat records, transfer receipts, and SMS verification codes — this is crucial for later reporting to the police and civil litigation.
Third, report the case immediately. Bring the evidence to the nearest police station to report the case, and inform the police of the bank accounts involved so that the emergency payment freezing procedure can be initiated. According to Article 110 of the Criminal Procedure Law, citizens who discover criminal facts have the right to report the case to the public security organs, and the public security organs shall accept it.
Step four: civil recovery. If the police fail to solve the case promptly, you may, in accordance with Article 148 of the Civil Code, request the revocation of the transfer on the grounds of fraud, and claim the return of unjust enrichment from the recipient. Additionally, in accordance with Article 69 of the Personal Information Protection Law, you may seek compensation from the source of the leaked personal information (such as enterprises or third-party platforms).
Four: Prevention Over Remedy: Enterprise Employees Jointly Building an Anti-Fraud Defense Line
Legal remedy is ultimately an after-the-fact measure; prevention beforehand is the fundamental solution. For employees, remember: any "benefit" that requires clicking links, scanning QR codes, or providing verification codes could be a trap. Legitimate high-temperature allowance distribution does not require filling in bank card numbers, let alone asking for verification codes. For financial personnel, any transaction involving transfers or payments must be confirmed a second time by phone or in person. For enterprises, a comprehensive cybersecurity system should be established, unrelated personnel should be regularly removed, group chat invitation confirmation should be enabled, and important notices should be published through enterprise WeChat or OA systems.
Guangdong Zhiming Law Firm has long focused on workplace rights and cybersecurity, and has represented multiple civil compensation claims related to telecom fraud. If you or your company have encountered similar scams, or need to establish internal anti-fraud management systems, please feel free to contact us. We will safeguard your rights with professional legal measures. **High-temperature allowance is a legitimate right, but beware of imposters on the road to claiming it.** Stay vigilant and make good use of the law so that fraudsters have no chance to exploit you.
