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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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In accordance with the company's rules and regulations, it can be implemented.
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Summary. 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, in accordance with the relevant provisions, compensation may be made in accordance with the provisions of Article 20 (the Anti-Unfair Competition Law stipulates that a business operator who violates the provisions of this Law shall be compensated).
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. Generally, the following expenses will be compensated: (1) the expenses 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) The labor contract stipulates that the compensation for the employee.
In accordance with the relevant provisions, the employee may be compensated in accordance with the provisions of Article 20 in accordance with the provisions of Article 20 for the loss caused by the infringement of the employer's trade secrets by violating the confidentiality agreement or the non-compete agreement (the Anti-Unfair Competition Law stipulates that the operator shall be liable for violating the provisions of this Law).
Is it reasonable to ask me to lose 20 percent, or 5,000 yuan?
OK. The contract does not write a percentage of compensation. On what basis is this?
Company requirements.
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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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After the employee leaves the company, if the employee makes a major mistake during his or her employment, if the employer has evidence to prove that the employee has gross negligence, the employee is required to bear the responsibility, and if the employee refuses to assume responsibility, the employer may apply for labor arbitration and require the employee to pay certain compensation.
If the company suffers losses due to work mistakes, it shall be compensated in accordance with the law, and if the wages are not paid, part of the wages can be deducted; If he resigns, he should still be compensated. However, the specific amount shall be determined through negotiation, and if the negotiation or mediation does not result in the sale, it may be resolved through litigation.
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OneHow to compensate employees for losses caused to the company due to work mistakes
1. If an employee causes losses to the company due to work mistakes, the company may require him to make corresponding economic compensation in accordance with the provisions of the labor contract, and the compensation can be deducted from the employee's own salary; Or the company can terminate the employment contract.
2. Legal basis:
Labor Law of the People's Republic of China
Article 102 Where 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 law.
Labor Contract Law of the People's Republic of China
Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances:
(1) It is proved that they do not meet the employment requirements during the probationary period;
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 unit, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
2. Will all wages be deducted if the loss of the unit is caused by work errors?
Wages can be deducted if the unit is lost due to work errors. However, the monthly deduction by the employer shall not exceed 20% of the employee's monthly salary. If the deducted wage is lower than the local minimum wage, the wages will be paid according to the minimum wage.
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If an employee causes losses to the employer due to a work error, the employer may request the employee, but the employee may refuse, and as long as the employee does not have any of the circumstances set forth in Article 39, the termination of the labor contract by the employer is an illegal termination, and the employee may demand payment from the employer. Severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary as economic compensation.
Financial compensation is twice the amount of compensation. Article 39 of the Law provides that if an employee falls under any of the following circumstances, the employer may terminate the labor negotiation contract:
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;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law. Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
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