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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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Legal Analysis: If an employee violates the labor contract by making a mistake in his work, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, and causes losses to the employer, he shall be liable for compensation. The specific amount of compensation shall be compensated in accordance with the signed labor contract.
Legal basis: Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
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It depends. 1. If there are relevant provisions in the labor contract, it can be resolved in accordance with the provisions of the contract. 2. The actual economic losses may be directly deducted from the wages of the workers themselves, but the proportion of deduction shall not exceed 20% of the wages of the workers in the current month, and the remaining wages after deduction shall not be less than the local monthly minimum wage standard.
3. If Yinjinguo and the workers reach an agreement through consultation, the economic losses caused by the workers can be directly paid by the workers.
Article 16 of the Interim Provisions on Payment of Wages Where 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 salary for that month.
If the remaining part of the salary after this deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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If an employee causes losses to the company due to work mistakes, the compensation method is that the company may require the employee to make corresponding economic compensation in accordance with the provisions of the labor contract, and the compensation can be deducted from the employee's salary in accordance with the law; Or the company can terminate the labor contract in accordance with the law.
Article 102 of the Labor Law of the People's Republic of China.
If a worker terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law.
Article 39 of the Labor Contract Law of the People's Republic of China.
The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
Five verses of sleepy answer) because of this law.
Article 26 of the Labor Contract Law of the People's Republic of China.
Ye Hui who invalidates the labor contract due to the circumstances specified in Item 1 of the first paragraph;
6) Those who have been pursued for criminal responsibility in accordance with law.
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