What Should The Company Do If The Employees Violate The Regulations?

In December 2012, a gold and silver jewelry city was set up as a salesperson, mainly responsible for the sale of a famous brand jewelry. At the time of entry, Jia signed a labor contract with the city of gold and silver jewellery. At the same time, he signed the "Regulations on the sale and transfer of gold and silver jewelry and the prevention of the loss and damage of gold and silver jewelry" made in the city of gold and silver jewelry. According to the regulations, if employees violate the regulations, the employees will compensate for the 10% of the retail price. In addition, the unit has carried out a certain anti-theft training for armor, and let a signature be confirmed in the relevant training courses. At 17:34 on May 3, 2014, during the period of his work, due to serious negligence, the goods were not collected in time after displaying the goods, resulting in the theft of a jewelry worth 50000 yuan.

Since December 4, 2014, the city of gold and silver jewelry has demanded the full loss of payment units. A refused to compensate. In January 2015, the city of gold and silver jewelry applied for arbitration to the labor and personnel dispute arbitration commission, demanding that 10% of the amount of the sales payment provided by the company be 5000 yuan. To this end, the company also showed the name of the "gold and silver jewelry sales and handover process and the prevention of gold and silver jewelry loss, damage" regulations, burglarproof training confirmation, the video at that time and other evidence.

After hearing the trial, the arbitration tribunal believed that a salesperson who was a gold and silver jewelry City violated the provisions on the transfer process of gold and silver jewelry and the prevention of the loss and damage of gold and silver jewelry, resulting in gross negligence resulting in a loss of gold and silver jewelry city.

Yuan Yongbin, lawyer of Shanghai red three rights law firm, believes that the compensation of workers after the workers' fault causes unit losses is of reference to enterprises and employees.

The twenty-ninth provision of the labor contract law stipulates that employers and workers should fulfill their obligations in accordance with the stipulate of the labor contract. The 106th provision of the general principles of civil law stipulates that a citizen or a legal person shall bear civil liability for breach of contract or non performance of other obligations. Citizens and legal persons who infringe upon the property of a state or collective by infringing upon others' property or personal property shall bear civil liability. Combined with this case, we can see that the laborers in this case should bear the liability for compensation for their duties. The employer requests the laborer to compensate for the loss, should consider from the following several conditions: 1, the employer has the loss; 2, the worker has the violation of rules and regulations, the operation flow or the labor discipline and the occupation standard and so on duty violation; 3, whether the damage has the causal relationship with the laborer's irregularities; 4, whether the worker has the subjective fault. In this regard, the employer should give evidence and bear the corresponding burden of proof. However, due to the personal dependence of labor relations, enterprises, as the main enjoyment of the fruits of labor, should also bear certain operational risks. Under normal circumstances, the laborers are responsible for the economic losses caused by the intentional or gross negligence of the laborers.

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 the deductible residual salary is lower than the local minimum monthly salary. Wage standard They are paid according to the minimum wage standard. Generally speaking, the compensation for the employer's compensation should be limited to the direct economic loss caused by production, operation and work.

From the point of view of employers, the employer should fix the evidence related to the economic loss in time. Once the dispute arises, evidence can be used to support the legal claim of the employer.

From the angle of labourers, what is caused by Economic loss Labourers Fault level It is related to the size of the cause, so the worker should bear the corresponding full or partial liability.

Secondly, the compensation stipulated by the rules and regulations of the employer can not break through the sixteenth provision of the Interim Provisions on wage payment in principle.

Finally, as for compensation methods, employers and workers can take consultations. If the contract can be arranged, it is a one-off compensation or a monthly wage compensation. The employer can also request a lump sum compensation or a lawsuit by arbitration.