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Hello, a slight collision accident for an individual's driving, this depends on how you sign the contract with him, if the contract does not clearly deduct wages, then the boss has no right to deduct it, and driving accidents are generally paid by the insurance company, you can also go to the law firm to consult a lawyer to see, it will also help you in the future.
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Whether it's for an individual or a group car. Be safe. In the case of a minor collision accident, the boss has the right to deduct your salary.
He just reminds you to drive safely. The deduction is just a reminder. If you don't have a little punishment, you'll feel like you don't care.
So to give you a small punishment, I think it is deserved and entitled.
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Yes, it depends on how you signed the contract at the time, and if there is such a clause in the contract, you have the right to deduct wages.
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The accident should be handled by the traffic management department, and the boss generally cannot deduct the salary, unless you cannot afford the losses caused.
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Then it depends on whether the car is insured, if there is insurance, the salary should not be deducted, without insurance, the boss pays the money, the salary is deducted, it is a matter of course.
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You have an accident while driving, and the boss has the right to punish you. Withholding your wages is one of the ways to punish you.
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If you cause financial losses to the boss, the boss can of course deduct some incentive wages according to the situation!
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The content of the employment contract signed by both parties shall be used as the standard for whether the boss has the right to deduct wages.
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1. Do you have to pay for driving a company car and killing people?
1. If you drive a company car and kill someone, you will be compensated according to your own responsibility. If you are primarily or fully responsible for the accident, you must bear criminal responsibility, and if you are only equally responsible or not responsible, you do not need to bear criminal responsibility.
2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.
Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 133-1.
Dangerous Driving] Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:
1) Changing suspicion to chase and race, and the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;
4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
Second, the company's car was hit by the other party's full liability insurance how to close the claim.
1. Accident report. Call the insurance company ** to report the accident or call 110 to report the accident, and follow up the accident according to the insurer's information;
2. Accident investigation. The surveyor of the insurance company shall assist the insurer in the investigation of the cause, nature, liability and loss of the accident;
3. Determination of losses. Negotiate with the insurer, repair shop or relevant units on the location, item and amount of accident losses;
4. Claim application. According to the type of loss in the case, collect the materials required for the claim and submit it to the insurer for the claim;
5. Compensation collection. After verifying the accident and claim materials, the reimbursement person shall compensate the insured according to the insurance contract.
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Legal analysis: If a person is killed by a driving car, if he is mainly or fully responsible for the accident, he must bear criminal responsibility; If there is only equal responsibility or no responsibility, there is no need to bear criminal responsibility.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China: Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Shi Chong, who caused death by escaping, shall be sentenced to fixed-term imprisonment of not less than seven years.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents》 Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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Legal analysis: If it is a normal commute, and the employee of the unit has the legal authorization of the unit to drive the unit's bus, then the employee's behavior is an act of duty, and the company should be responsible for hitting someone. In the event that the perpetrator is grossly negligent or willful, the Company may seek compensation from the perpetrator on the premise that the compensation has been paid.
Legal basis: Article 191 of the Civil Code of the People's Republic of China If the staff of an employer causes damage to others due to the performance of their 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 workers cause damage to others due to the performance of their 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.
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If the owner is fully responsible for working for an individual boss and is hit by a car, does the boss still have to pay his salary?
Hello dear, the boss should continue to pay wages, but you can seek compensation from the owner to make up for the loss. Legal analysis: According to Article 13 of the Labor Contract Law, the employer shall pay labor remuneration in accordance with the labor contract.
Since the owner of the car is fully responsible, the boss has the obligation to pay the normal salary to the individual boss. <>
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