Can The Company Lose Compensation If The Goods Are Lost?

Hong Lidou: I was recruited as a driver by a freight forwarder, and I was responsible for long-distance pportation of goods.

More than a month ago, the unit sent me and another colleague Lao Li to pport a batch of cashmere sweaters to Hubei. Because of the customer's anxiety, the company repeatedly urged us to rotate and drive as soon as possible. My colleagues and I did not find hotel accommodation. After being tired, I stopped at the roadside for a rest.

When the goods were delivered, we found that a bag of cashmere sweaters was lost, worth 150 thousand yuan. Now the company gives us two people to share the compensation. If we can't get it out, we will deduct it from our wages.

In retrospect, we thought we might have been stolen while we were resting on the roadside, but there was no evidence.

If the unit does not rush us, we will not lose the goods as we usually do in hotels.

Will the company compensate us by 150 thousand yuan?

An Huimin: if the employer can prove that the loss is caused by personal reasons of you and your colleagues, you can claim responsibility, but deduct your wages from legal restrictions.

The sixteenth provision of the Interim Provisions on wage payment stipulates that the employer can make compensation for the economic losses in accordance with the stipulate of the labor contract due to the economic losses caused by the workers themselves.

The compensation for economic losses can be deducted from the wages of the workers themselves.

However, the monthly deduction shall not exceed 20% of the workers' monthly wages.

If deducted

Some are lower than the local minimum monthly wage standards, and are paid according to the minimum wage standard.

The eleventh provision of the Beijing wage payment stipulates that the employer shall not arbitrarily deduct the wages of labourers.

Except for matters prescribed by laws, regulations and rules, the employer's deduction of wages shall conform to the stipulates of the collective contract or the labor contract or the unit.

Regulations.

The employer shall deduct the laborers in accordance with the provisions of the preceding paragraph because of the economic losses caused by the employees themselves.

The balance after deduction shall not be lower than the minimum wage standard of this Municipality.

Therefore, it is recommended that you report the case to the missing public security department and ask the thief to return it.

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An enterprise and its staff members have established a collective contract for the period from July 2013 to July 2015. After the implementation of the collective contract, the leader of the enterprise believes that this collective contract brings enormous cost pressure to the enterprise and wants to change the collective contract.

Since no trade union was established, in September 2014, the company selected 5 staff representatives, so the 5 staff representatives began negotiations with the 7 representatives of the enterprises on the change of the collective contract. The two sides adopted the change plan prepared by the enterprise ahead of time, then the chief representatives of the two sides immediately signed a set up contract and submitted it to the local labor and Social Security Administration for examination and record.

However, most workers believe that the enterprise has not changed the conditions of the collective contract, and the staff representatives in the collective contract should be democratically elected by all the staff members. The collective contract modification procedures are illegal in many ways. Then the employees of the enterprise will apply for coordination with the local labor and social security administrative department, and request for renegotiation of the collective contract.

Under the coordination of labor and social security administrative departments, the enterprise side and the employee side have signed the "coordination processing agreement". The two sides agree to renegotiate the collective contract in accordance with the procedures and conditions stipulated by law.

Lawyer Zeng Qing of Beijing Daocheng law firm believes that this case is a dispute arising from improper application of collective bargaining procedure in collective contracts.

According to the provisions of the collective contract, the collective bargaining can be changed or relieved if the negotiators of the two sides negotiate or agree to a statutory cause, and the collective consultation procedure is applicable to changing or relieving collective contracts or special collective contracts.

In this case, when a company does not have a statutory cause and does not negotiate with its staff representatives, it will violate the relevant laws and regulations only by unilaterally changing the collective contract.

In addition, an enterprise may draw up a staff representative candidate without authorization in changing the collective contract. The number of the representatives of the two sides is not equal, and the draft of collective contract changes after consultation between the two parties is not submitted to the staff congress or all staff members to discuss and so on.

This case inspires us to pay attention to the following points in the collective bargaining process of collective contracts:

1, the collective negotiation procedure should be applied to change or rescind collective contracts or special collective contracts.

2, only when the negotiators of the two sides agree or have a statutory cause, can the collective contract be changed or lifted.

3. A consultative representative of one party member of a trade union shall be appointed by the trade union of the enterprise. If the enterprise fails to establish a trade union, a negotiated representative of the employee side shall be democratically elected by the staff and workers and agreed by more than half of all the employees of the enterprise.

4, enterprises can not draw up a list of candidates for negotiators.

5, the number of representatives of the two sides should be equal to each other, at least 3 people per side, and 1 chief representatives should be appointed respectively.

6. After the collective consensus is reached, the draft collective contract can only be determined. The draft should be submitted to the staff congress or all the staff members to discuss. More than 2/3 of the staff representatives or workers should be allowed to participate.