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None of the three of you have to pay compensation].
Reason: The counter lost something, you can't just say "lost" on the mouth of the business ** company, if the trading company wants the three of you to lose money for this "lost" product, you must come up with evidence that can be sure that the three of you "stole" the clothes, in order to show that the clothes are indeed missing under the noses of the three of you, but obviously, the trading company can not come up with evidence that can determine that the three of you stole the clothes, Chinese law, Including lawsuits going to court, Chinese law also talks about evidence, that is, who asserts and who presents evidence (evidence, proof). That is to say, if the trading company relies on the three of you and says that the clothes were lost by you, then the trading company must come up with evidence that can prove that the three of you lost the clothes, otherwise, without any evidence to prove that the three of you lost the clothes, the trading company cannot imagine or speak out of thin air.
In other words, it wasn't the three of you who lost it, so why should you "confess" that you lost it, so none of you have to make any compensation for the clothes. Besides, if the trading company doesn't know when it sends some people to the store to "pretend to look at the clothes", and then steals the clothes, and then the trading company relies on the salesperson, in that case, I don't know how many clothes will be dropped every month.
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If the company has this rule of law, it is necessary to compensate. But it should not be compensated in full, half of it should be compensated.
This has nothing to do with internships.
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Of course, the company has a responsibility to ask you to lose money.
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Legal analysis: Compensation standard for employee loss of goods: If the company's economic loss is caused by the loss of goods by employees, the employee shall bear the liability for compensation, and the contract shall compensate according to the agreed amount, and the amount of compensation for the loss without the agreement can be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Legal basis: Interim Provisions on Payment of Wages Article 16 The employer may require the employee to compensate for the economic loss caused to the employer due to the employee's own reasons. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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Compensation standard for employee loss of goods: If the company's economic loss is caused by the loss of goods, the employee shall bear the liability for compensation, and the compensation shall be made according to the agreed amount if there is an agreement in the contract, and the amount of compensation for the loss without the agreement can be deducted from the employee's salary. However, the monthly deduction shall not exceed 20 of the employee's monthly salary for the month.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. Interim Provisions on Payment of Wages Article 16 Where an employee suffers economic losses due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage standard, it will be paid according to the minimum wage Hu Yulu standard.
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Legal Analysis: According to the relevant laws and regulations, the condition under which an employer can claim compensation from an employee must be "causing economic losses to the employer due to the employee's own reasons", and "the employee's own reasons" refer to the employee's intentional or gross negligence.
Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If the tenant who should go through the formalities such as application for approval fails to perform the obligation, the other party may request the other party to bear the responsibility for violating the obligation.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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According to the relevant laws and regulations, the condition under which an employer can claim compensation from an employee must be "causing economic losses to the employer due to the employee's own reasons", and "the employee's own reasons" refers to the employee's intentional or gross negligence.
1. Is it legal for the employer to deduct wages?
The Labor Law stipulates that wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Therefore, it is a violation of the Labor Law for the employer to deduct the employee's wages without reason.
However, the employer may also deduct the employee's salary under certain circumstances. According to Article 16 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor, if an employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
2. Does the enterprise have the right to impose fines on employees?
Whether a company has the right to impose fines on employees depends on the circumstances and is analyzed as follows:
1. The enterprise does not have the right to impose a fine on the employee, the fine is an administrative penalty, and the enterprise does not have the power to formulate fine regulations;
2. When the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's own salary, and the monthly deduction shall not exceed 20% of the employee's monthly salary.
3. Is it legal to deduct wages from a sudden resignation?
It is illegal for an employer to deduct wages due to an employee's urgent resignation, but if the employee illegally terminates the contract and causes losses to the employer, the employer shall be liable for compensation, and the employer shall pay the employee's wages in full at the time of dissolution or termination of the labor contract. If the employer suffers economic losses due to the employee's own reasons, the employer may compensate for the loss by deducting wages, but the monthly deduction shall not exceed 20% of the employee's monthly salary.
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Legal analysis: 1. What is the compensation for employees who lose goods in store inventory**.
1. If the company's economic losses are caused by the laborer, the laborer shall bear the liability for compensation, and the amount of compensation for the loss, but the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage standard, it will be paid according to the minimum wage standard.
2. Legal basis: Article 16 of the Interim Provisions on the Payment of Industrial and Material Credit Assets provides that if the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
2. What is punitive damages?
Punitive damages are the additional damages in the cover that exceed the scope of the actual losses suffered by the infringed party or the non-breaching party to the contract, in order to show the punishment of the infringer. Punitive damages may be used in a limited manner in tort damages, subject to the following limitations:
1. The infringer has intent;
2. The object of infringement is the right to life, health, body, personal liberty or emotional significance of others.
3. The institutional significance of punitive damages is to punish the responsible person rather than to remedy the losses of the infringed party. The infringed party's losses have been remedied in the part of the compensation for its actual losses, and punitive damages are intended to warn people to respect the civil rights and interests of others and not to commit torts, so as to achieve social harmony and stability.
4. The conditions for the application of punitive damages are stipulated: the law applies punitive damages to specific types of infringement cases; Generally, the infringer is required to have intentional or gross negligence; Generally, it is required that the circumstances of the infringement are serious or the consequences of the damage are serious.
Legal basis: Article 16 of the Interim Provisions on Payment of Wages provides that if an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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