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1. It depends on whether the employee acts in accordance with the operating procedures and rules and regulations.
2. Under normal circumstances, only if the employee is grossly negligent and intentional, can he claim losses from him.
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Whether the employee should compensate the employer for the losses caused by the old movers to the employer needs to be treated differently
1. The employer needs to compensate 100% in full for the losses intentionally caused by the employee, such as deliberately destroying the employer's products and equipment due to bad mood; In addition, in accordance with Article 39 of the Labor Contract Law, the employer may not pay the employee economic compensation with reference to the company's rules and regulations.
2. If the employee is grossly negligent, he or she needs to compensate the employer for about 50% of the loss; Obvious avoidable mistakes, such as economic losses caused to the employer due to illegal operations, or losses caused by work after drinking, can require the employee to bear about half of the loss.
3. If the worker is generally negligent or there is no subjective intention or gross negligence in normal work, the economic losses caused by the worker, no matter how big or small, should not be borne by the worker. For example, a salesperson who has no obligation to keep it will be liable for the loss of goods after inventory. The employer cannot pass on the business risk to the employee.
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If the employer pursues the employee's liability for damages, it may request the employee to compensate in accordance with the agreement between the two parties and in combination with the actual loss.
The following expenses are generally compensated:
1) The fees paid by the employer for recruitment;
2) The training fees paid by the employer shall be handled as agreed by both parties if otherwise agreed;
3) direct economic losses caused to production, operation and work;
4) Other compensation expenses as stipulated in the labor contract.
In the event that an employee violates the confidentiality agreement or the non-compete agreement and infringes upon the employer's trade secrets and causes losses, compensation may be made in accordance with the provisions of Article 20 in accordance with the relevant provisions (the Anti-Unfair Competition Law stipulates that if a business operator violates the provisions of this Law and causes damage to the infringed business operator, it shall be liable for damages, and if the loss of the infringed business operator is difficult to calculate, the amount of compensation shall be the profits obtained by the infringer due to the infringement during the infringement period; and shall bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition act of the business operator that infringes on its legitimate rights and interests).
For example, Article 16 stipulates that if the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to pay compensation 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 salary for that 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.
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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. Where an employer sues to demand that the worker bear the liability for compensation, the people's court shall support it.
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If the total amount is large, the proportion should be small, and if the total amount is small, the proportion can be appropriately larger, but in any case, the total amount of supplementary compensation cannot exceed 20% of the total loss, so it is more fair and reasonable to determine.
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Employees can only be held liable for their faults, and according to you, the company's fault in this matter is obvious. Therefore, it is untenable for the company to demand that you bear all the losses.
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If an employee violates the operating procedures and causes losses to the company, the company can claim compensation from the employee according to the actual loss.
If the employee is following the operating procedures, then the employee is not required to compensate.
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In this case, many companies may fire the person directly responsible, but this is not the best way to deal with it. The handling of this matter will involve the company's losses, and the company will not take the responsibility on its own head. If you want to lose less, you must have certain evidence, and if necessary, take legal channels!
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Divide responsibilities according to actual operations and allocate the proportion of losses to bear.
The actual operation executor, auditors, and relevant personnel involved in this event shall be negotiated in a unified manner. If they are not satisfied with the result, they can apply for mediation (to the local labor department or trade union).
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are all responsible. Let's go through the legal route! Negotiate with the company first and determine how much of the loss they will bear. Then, if it doesn't make sense, go to court and make a judgment.
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Article 90 of the Labor Contract Law If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation. The circumstances under which the employee shall be liable for compensation are limited to this, and he shall not be liable for compensation for losses caused by work errors.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. Therefore, the employee has the right to terminate the contract unconditionally, but if you propose to terminate the contract, you should notify the employer in writing 30 days in advance.
In this case, you will not be entitled to severance for the termination of the employment contract.
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Legal analysis: If an employee causes losses to the company due to work mistakes, it is necessary to distinguish whether it is ordinary negligence or gross negligence to determine whether to be liable.
1. If an employee is seriously irresponsible and causes the company's property loss, it is gross negligence and the company shall be compensated for the loss.
2. Employees are only slightly mistaking, and they are not liable for compensation for the company's property losses.
Legal basis: Interim Provisions on Payment of Wages Article 16 Where 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.
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What should you do if you make a mistake and cause damage to the company? There are generally three ways to deal with this: My original intention was to work hard for the company.
If there is economic damage, I think the first issue is to try to make up for or restore the economic loss. If I can't be responsible, I hope the unit can help me solve the problem. Distinguish responsibilities and take responsibility for each.
If it's my responsibility, I'm willing to be punished; If it's the fault of someone else on the team I'm responsible for, I can't gloat. Summing up the lessons, it is impossible for a person to avoid making mistakes in life. It is important to learn from your own mistakes or those of others and avoid similar mistakes in your future work.
1. The employer shall recover compensation from the employee if two conditions are met at the same time: the employee has intentional or gross negligence, resulting in major loss of limbs and goods; The employment contract or the employer has formulated internal rules and regulations. Considering that labor relations are different from general civil relations and have certain particularities, the inequality between the value of labor results created by employees and the remuneration received by employees determines that the business risks borne by the employer should be higher than the work risks borne by the employees.
2. In the course of handling a case, unless otherwise provided by law, in accordance with Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the parties shall provide evidence to prove the facts on which their claims are based or the facts that are refuted. Where a party fails to provide evidence or the evidence is insufficient to prove its factual assertion before making a judgment, the party bearing the burden of proof shall bear the adverse consequences.
3. If the employee causes economic losses to the employer due to his own reasons, the employer may require the employee to compensate for the economic and economic losses in accordance with the provisions of the labor contract. Compensation for economic damages can be deducted from the worker's own wages. However, the monthly deduction may not exceed 20% of the worker's monthly salary.
If the remaining salary after deduction is lower than the local monthly minimum wage standard, it shall be paid in accordance with the minimum wage standard.
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If an employee mistake results in a loss to the company, then the company should take the following steps to resolve the issue:
Calmly assess the damage: First, the company needs to assess the damage caused by the mistake to determine the severity of the problem.
Investigate the cause: The company needs to conduct a detailed investigation into the cause of the failure to determine if improvements are needed in the training and education of employees.
Take action: Depending on the outcome of the discussion, the company needs to take the necessary actions to prevent the same missteps from happening again.
Documentation and monitoring: Finally, companies need to document failures and actions taken, and monitor the situation regularly to ensure that issues are being resolved effectively.
It is important that the company remains fair and fair in dealing with mistakes, while also respecting the rights and interests of employees.
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1.Inquire about the employees who made mistakes in Qin High School, understand the reasons for the mistakes, and make records;
2.Educate and train employees who make mistakes to avoid similar mistakes in the future;
3.According to the severity of the mistake, the employee who made the mistake will be punished accordingly;
4.Take remedial measures as soon as possible to reduce losses;
5.Monitor employees who make mistakes to ensure that they don't happen again.
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If an employee makes a mistake in his or her position, 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 salary for that month.
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It should be carried out in accordance with the rules and regulations. The compensation of the compensation, the apology must be apologized,
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First of all, it is necessary to evaluate the loss of things, and to look at the reasons for mistakes, and stipulate that the dead are alive, and it is reasonable to win the hearts of employees.
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Go through formal channels and let him compensate legally and reasonably.
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1.Assess the damage.
2.Communicate the reason.
3.Decide what to do with it depending on the situation.
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Summary. Hello, I am Mr. Chen Lei, a cooperative lawyer of LegalPro Platform, and I am very happy to serve you.
Hello, I am Mr. Chen Lei, a cooperative lawyer of LegalPro Platform, and I am very happy to serve you.
Employees compensate the company for losses.
What is the approximate percentage.
Negotiate a settlement. If the employer is tough.
How can that do less to compensate for losses.
It is also possible to compensate for all.
How much damage you caused in total.
How can I pay as little compensation as possible.
Fifty thousand. It is recommended that you hire a lawyer.
Is it entirely your fault?
Mistakes that were not made without training.
Then it is recommended that you find a lawyer.
Because the amount is still relatively large.
Target. Many companies also have strong legal counsel.
We don't have a legal counsel in our company.
The lawyers who signed the contract are all relatively well-known.
Then you can negotiate with the company.
Companies are also at fault.
You will strive for less compensation.
If the company goes through the litigation process, you are better off finding a lawyer.
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