Compensation For Losses Caused By Employees Can Not Be Deducted.

Sun went to Ji'nan a pharmaceutical company in 2010 for 7 months.

But one day in August last year, Sun Mou accidentally broke into a disaster, causing 20 thousand yuan loss to the company.

The company decided to punish Sun Mou and asked sun to compensate the loss according to the labor contract signed by both parties. The total wages of Sun Mou were withheld from September for 3 consecutive months.

Sun couldn't maintain his life. He had to work locally when he failed to negotiate with the company several times.

The dispute arbitration commission submitted an application for arbitration, requiring a pharmaceutical company to reissue 3 months' wages according to the local minimum wage.

The Arbitration Commission heard that

"The sixteenth provision states:" if the employer causes economic losses to the employer due to the reason of the worker himself, the employer can claim compensation for the economic loss according to the labor contract agreement.

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 month's wages.

If the residual wages after deduction are lower than the local minimum monthly wage standards, they are paid according to the minimum wage standard.

It can be seen that the economic loss caused by the employer to the employer is due to the reason of the employee himself. The employer has the right of recourse, but this right of recourse is legally bound and cannot be beyond the scope prescribed by the law and should not be abused.

It is illegal for the company to detain Sun Mou's entire wages for 3 consecutive months.

Finally, the Arbitration Commission supported sun's proposition.

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Introduced by an acquaintance in October 2014 in a shopping mall to promote sales.

In order to facilitate daily management, shopping malls are made for some iconic cards such as work cards, work cards and workers' clothing, etc., and are arranged for a promotional agent for a certain chemical company limited.

The chemical industry Co., Ltd. signed a "agreement with suppliers on the spot" and "supplier's cooperation undertaking" with shopping plaza. It is clear that the promoters' salary payment, social insurance and labor contract signing of chemical industry limited company are all undertaken by Chemical Industry Co., Ltd.

In November 25, 2014, the shopping mall was injured when it was assigned to a paper from a pportation chemical company.

In order to apply for industrial injury identification, a shopping mall was listed as a respondent and a chemical company limited as a third person to the local labor and personnel dispute arbitration committee for confirmation of labor relations.

Is there a labor relationship between a shopping mall entrusted with management or a wage limited chemical company?

The notice of the Ministry of labor and social security on the establishment of relevant matters concerning labor relations stipulates three essential elements for the establishment of a labor relationship: (1) employers and workers comply with the main qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law are applicable to the labor management of the laborers, the employing units of the laborers, and the remunerated labor arranged by the employing units; (three) the labor provided by the workers is an integral part of the business of the employing units.

When the labor relationship is identified, the following documents can be considered: (1) payment vouchers or records (salary list for workers' wages) and payment of various social insurance premiums; (two) certificates of identity issued by the employer to the workers, such as "work permit" and "service certificate"; (three) recruitment records of recruitment forms such as "registration form" and "application form" recruited by laborers; (four) attendance records; (five) testimony of other workers.

In a certain shopping plaza and Chemical Industry Co., Ltd., in accordance with the law on the subject qualification, shopping plaza is a kind of entrusted and managed relationship. The shopping mall has issued some iconic items such as work cards, work cards and work clothes for a certain system.

All of these contents have the legal characteristics of labor relations.

But in this case, the units that implement daily management and the units that pay wages are not the same employers.

Entrustment management is a special management relationship in the service industry. As a compensable management Plaza, the shopping mall and Chemical Co., Ltd. is the legal entity of equal subjects. Chemical Co., Ltd. entrusts the daily management rights of the promoters to the shopping plaza for the implementation. The two sides are the principal agent contract relationship between the equal subjects, and the agency agreement signed is the real meaning of the two parties, and it should be lawful and effective.

The shopping mall has issued iconic cards such as work cards, work cards, and workers' clothing, so that the management of promoters can be easily carried out, and the beneficiaries should be chemical industry companies.

Therefore, the Arbitration Commission decided to establish a labor relationship with the chemical company.