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Irrationality! You represent corporate actions
You can cancel your bonuses and other benefits!
But don't deduct your basic salary!
The departure company can prove that you caused the loss intentionally!
There is also no labor contract!
You can ask your boss to pay you double your salary!
Keep your attendance records, work ID and other proof of labor relations!
If there is a stiffness, apply directly to the Labor Bureau for labor arbitration
It's free, rest assured!
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Legal analysis: If the employee has intentional or gross negligence due to his own reasons, then the company can claim economic losses from the employee. And it is a double standard, one is that the deduction part shall not exceed 20% of the employee's monthly salary; The remaining part of the second book town after deduction shall not be lower than the local minimum wage standard.
As a company, the company should also be aware of the coexistence of risks and benefits in the business process. In the management of scientific and effective institutionalization, in the business behavior such as collecting payment for goods, the flow of funds should be through bank transfer and other safe methods, and the cash flow should be carried out by more than two people and in a hidden manner. In the event of an accident and economic damage, even if the main fault lies with the employees, the company should bear some responsibility.
Legal basis: Provisions of the Temporary Chain of Wage Payment Article 16 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 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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The company shall be liable for compensation for losses caused by work errors.
The employee may terminate the labor contract under any of the following circumstances:
1. Failure to provide labor protection or working conditions in accordance with the labor contract; Whispering Hall.
2. Failure to pay labor remuneration in full and in a timely manner;
3. Failure to pay social insurance premiums for workers in accordance with the law;
4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;
5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations.
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 conditions;
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, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;
5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6. Being pursued for criminal responsibility in accordance with law.
Legal basisArticle 16 of the Interim Provisions on the Payment of Wages.
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 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 lowest wage standard.
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If an employee's work mistakes cause losses to the company, if there is an agreement in the labor contract, both parties shall perform the corresponding obligations in accordance with the agreement. According to the relevant laws and regulations, if the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability. The following is a detailed answer to the question of how to solve the company's losses caused by employees' work mistakes.
1. How to solve the losses caused to the company by employees' work mistakes
1. If an employee's work mistakes cause losses to the company, if there is an agreement in the labor contract, both parties shall perform the corresponding obligations in accordance with the agreement. According to the relevant laws and regulations, if the work of the employer and the personnel of the employer cause damage to others due to the performance of work tasks, the employer shall bear the tort liability of the employee.
2. Legal basis: Civil Code
Article 1191: Where a staff member of an employer causes harm to others due to the performance of his or her work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.
2. What are the circumstances in which employees cause losses to the company?
1. Losses caused by the employee's illegal termination of the labor contract: if the employee leaves the job without fulfilling the obligation of advance notice, the enterprise is unable to replenish personnel in the short term, or some important projects of the company may not be completed due to the employee's resignation, resulting in external commercial default risks and indirect losses to the company;
2. The employee violates the relevant provisions and causes losses to the enterprise, such as the employee violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, leaks the employer's trade secrets, and causes economic losses due to the decline of the enterprise's profits;
3. In the course of the performance of the labor contract, the losses caused by the employee's official behavior are mainly manifested in the failure to perform his obligations in accordance with his or her job duties, the gross negligence of failing to perform his duties, or the intentional act of taking advantage of his position to seek personal gain, causing significant damage to the tangible and intangible property of the employer.
I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult or consult a professional lawyer.
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