Whether there are any provisions in the labor law on the punishment of employees for quality liabili

In the course of an employee's work, if there is a product quality problem, the labor laws and regulations do not specifically stipulate it, but the management authority is given to the enterprise, and the enterprise can give a certain economic penalty, but in the absence of a special agreement, the employee can be given an economic penalty of no more than 20% of the income according to the internal rules and regulations, and the income of the century after the penalty is higher than the local minimum wage (see the "Wage Payment Regulations"). If the relevant agreement is signed in advance, it shall be handled in accordance with the agreement.

The punishment regulations for quality accidents should adhere to the principles of openness, fairness, justice and transparency. It should be carried out on the basis of investigation and analysis, ascertaining the type of accident, determining the person responsible for the accident, distinguishing the primary and secondary responsibilities, and verifying the amount of direct economic losses. Right.

The punishment of the person who is primarily responsible for the accident in the first and second categories shall be subject to both economic and administrative penalties according to the consequences of the accident.

Legal analysis

In order to ensure safety and be able to be put into normal use, general engineering projects will have corresponding strict quality requirements and construction standards. However, in practice, there are also many potential safety hazards in engineering projects due to improper project management, or non-compliance with materials and construction. It is necessary to let the relevant person in charge receive due punishment after the occurrence of the engineering quality accident, but before that, when the engineering quality accident occurs, the accident should be reported as soon as possible, and the accident should be controlled as much as possible to avoid the expansion of the scope of the accident and cause more direct or indirect losses.

Engineering quality accidents refer to the events in which the quality of the project does not conform to the quality standards stipulated in the regulations, specifications and contracts due to construction management, supervision, survey, design, consulting, construction, materials, equipment, etc., affecting the service life and causing hidden dangers and hazards to the safe operation of the project. Category of engineering quality accidents: the degree of loss caused by the accident, the responsibility of the accident, and the cause of the quality accident.

Legal basis

Work Safety Law of the People's Republic of China Article 84 If a production safety accident occurs in a production and business operation entity and is determined to be a responsible accident after investigation, in addition to ascertaining the responsibility of the accident unit and pursuing it in accordance with the law, it shall also ascertain the responsibility of the administrative department that has the responsibility of reviewing, approving and supervising the relevant matters of production safety, and shall pursue legal responsibility in accordance with the provisions of Article 87 of this Law if there is dereliction of duty or dereliction of duty.

Construction Law of the People's Republic of China Article 47 Construction enterprises and operators shall abide by the laws, regulations and safety rules and regulations of the construction industry in the process of construction, and shall not command or operate in violation of regulations. Workers have the right to put forward suggestions for improving the operating procedures and working conditions that affect personal health, and have the right to obtain the protective equipment required for safe production. Workers have the right to criticize, report and accuse behaviors that endanger life safety and personal health.

Legal analysis: the deduction amount from the monthly salary shall not exceed 20% of the total salary of the month, and if the worker has negligently judged the stool and caused a quality accident, the unit has the right to claim compensation according to the size of the fault, but the monthly deduction amount from the salary shall not exceed 20% of the total salary of the month.

Legal basis: "Product Quality Law of the People's Republic of China" Article 17 If the quality of the products that are supervised and randomly inspected in accordance with the provisions of this Law is unqualified, the market supervision and management department that implements the supervision and random inspection shall order the producer and seller to make corrections within a time limit. If the correction is not made within the time limit, the people's market supervision and management department at or above the provincial level shall make an announcement; If it is still unqualified after the announcement after review, it shall be ordered to suspend business and rectify within a time limit; After the expiration of the rectification period, if the quality of Xiangsui products is still unqualified, the license of the camp will be revoked.

If there are serious quality problems in the products supervised and inspected, they shall be punished in accordance with the relevant provisions of Chapter V of this Law.

Legal analysis: The penalties for production quality accidents are as follows:

1. In the event of a general accident, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed;

2. In the event of a major accident, a fine of not less than 500,000 yuan but not more than 1,000,000 yuan shall be imposed;

3. In the event of a major accident, a fine of not less than 1 million yuan but not more than 5 million yuan shall be imposed;

4. In the event of a particularly serious accident, a fine of not less than 5 million yuan but not more than 10 million yuan shall be imposed;

5. Where the circumstances are particularly serious, a fine of between 10 million and 20 million yuan shall be imposed.

Legal basis: Article 4 of the Work Safety Law of the People's Republic of China must comply with this Law and other laws and regulations related to production safety, strengthen the management of production safety, establish and improve the responsibility system for production safety and the rules and regulations for production safety, increase the investment in funds, materials, technology and personnel for production safety, improve the conditions for production safety, strengthen the standardization and informatization of production safety, and build a dual prevention mechanism for hierarchical control of safety risks and investigation and management of hidden dangers. Improve the risk prevention and resolution mechanism, improve the level of safe production, and ensure safe production.

Summary. Hello, the production safety accident enterprise is presumption of fault for the employee, and the responsibility of the production safety accident enterprise to the employee is the presumption of fault liability. According to the Work Safety Law of the People's Republic of China and the Tort Liability Law, enterprises should take necessary safety measures in their production and business activities to ensure the personal safety and health of their employees.

Hello, I would like to revise the presumption that the enterprise is at fault for the employee, and the responsibility of the enterprise for the production safety accident to the employee is the presumption of fault. According to the "Work Safety Law of the People's Republic of China" and the "Tort Liability Law" and other laws and regulations, enterprises should take necessary safety measures in production and business activities to ensure the personal and filial piety, safety and health of employees.

In addition, if a production safety accident occurs, the enterprise should bear the presumption of fault liability, that is, the enterprise needs to prove that it has taken the necessary safety measures, and the enterprise should bear the liability for compensation. As for employees, under normal circumstances, employees are not liable for fault and tort.

Is the tort liability section of the Civil Code applicable?

Yes dear.

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In the case of production safety accidents, the enterprise bears the tort liability for the employee, and the presumption of fault liability means that if the actor cannot prove that he is not at fault, he shall bear the tort liability.

Whether the enterprise bears fault tort liability or no-fault tort liability or fault presumption for employees in production safety accidents.

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In the case of production safety accidents, the enterprise bears the tort liability for the employee, and the presumption of fault liability refers to the fact that the actor cannot prove that he is not at fault, and shall bear the tort liability.

Legal basis: Article 1165 of the "Civil Service Photography Code" Where the actor infringes on the civil rights and interests of others due to his fault and causes damages, he shall bear tort liability. In accordance with the provisions of law, it is presumed that the actor has made a mistake and the mistake is cleared, and he cannot prove that he is not at fault before renting, he shall bear tort liability.

If the company may impose a fine on a worker due to product quality problems, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract.

Employers may withhold wages from employees in the following circumstances:

1. Individual income tax withheld and paid by the employer;

2. The social insurance premiums withheld and paid by the employer that should be borne by the employee;

3. The alimony and alimony required to be withheld in the court's judgment or ruling;

4. Other expenses that can be deducted from the wages of workers according to laws and regulations.

Only in cases of statutory requisition can a company withhold an employee's wages. Under normal circumstances, the company cannot arbitrarily deduct the wages of the employees.

The company may unilaterally terminate the labor contract under 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 a labor relationship with another employer at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer;

5. Be investigated for criminal responsibility in accordance with the law.

The employer may terminate the contract after giving 30 days' written notice to the employee.

Legal basis

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 deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. Article 39 of the Labor Contract Law of the People's Republic of China An employer may terminate a labor contract if an 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;

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.