It Is Wrong For Employees To Make Mistakes In Compensation.

For the errant employee, although the law gives the employer the right to sue for compensation, it does not mean that the employee is wrong before the employer can do whatever he wants.

Qiu Mou is a technician of a company. Because his work involves some production secrets of the company, the company has signed a confidentiality agreement with him.

Half a year later, Qiu felt that his salary was too low, and he quietly went to a part-time job with a competitive company.

During this period, although Qiu had leaked some unimportant secrets of the company, he did not cause any loss to the company.

After the company discovered, Qiu Mou criticized severely.

Qiu was unable to accept it and left immediately.

Shortly afterwards, the company appealed to the court to order Qiu to make compensation for the breach of confidentiality obligations and illegal termination of labor contracts.

Contrary to the company's expectation, the court ruled in August 2016 and dismissed it.

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[comment] the judgement of the court is not inappropriate.

The ninetieth provision of the labor contract law stipulates: "if a worker breaks the labor contract in violation of the provisions of this law, or violates the confidentiality obligation stipulated in the labor contract or the restriction of competition, he shall be liable for damages if he causes losses to the employing unit."

The sixth article of compensation for violation of labor contracts stipulated in the labor law also states: "the employing unit's employment of workers who have not yet terminated the labor contract, causing economic losses to the original employer, in addition to the worker's direct liability for compensation, the employer should be jointly and severally liable."

That is, whether employees violate the obligation of confidentiality, privately part time, or illegally terminate the labor contract, the employer must compensate for the loss of the employee's related behavior if he wants to get compensation.

It is precisely because Qiu Mou although there is a fault, but did not cause losses to the company, decided that the company can not claim compensation.

When he entered a company, a company invested 10 thousand yuan to carry out specialized technical training.

In September 15, 2016, Lai had just returned from training and had not yet had time to go to work. Another unit extended the "olive branch" to him, and the wages, benefits, working conditions and environment were much better than that of the original company.

Lai changed his mind and submitted his written resignation to the company, indicating that he would leave in a week.

After being refused by the company, Lai went away, causing the company's original production plan to be postponed for 4 days.

As the two sides failed to negotiate on the issue of compensation, the company filed a lawsuit, but the court's decision did not put the loss of production into the scope of compensation.

[comment] Lai does not need to bear the company's 4 day production loss.

The fourth provision of violation of labor law on labor contracts stipulates: "workers violate regulations or

If the agreement terminates the labor contract and causes losses to the employing unit, the worker shall compensate the employer for the following losses: (1) the employing unit recruits and receives the expenses incurred; (two) the training expenses paid by the employer for the expenses paid by the employer shall be agreed by the parties as agreed upon; (three) the direct economic losses caused by the production, operation and work; (four) other compensation fees stipulated in the labor contract.

Indirect loss does not fall within the scope of compensation.

The indirect loss refers to the expected economic benefits that the unit should have been able to get, because of the employee's behavior, including loss of production, loss of production, loss of resources, loss of resources, disposal of environmental pollution, and training costs for new employees.

Although the company's rules and regulations clearly stipulate that fireworks are strictly prohibited during production, there are similar contents in the ban at the production workshop. But in the morning of October 9, 2016, when Guo was unable to endure the addiction due to smoking addiction during his work, he could not leave the machine for a while. Besides, he was lucky enough to finally secretly ignite a cigarette. After inhaling, he habitually threw the cigarette butt on the ground and then caused an accident.

As a result, the company has recovered more than 3.8 million yuan in repairing machines and raw materials.

After the event, the company asked Guo to compensate for all expenses including loss of production.

In view of the fact that Kuo can not pay the lump sum at once

The company decided to deduct the monthly wages from Kuo, until it was paid.

[comment] the practice of the company is wrong.

The sixteenth provision of the Provisional Regulations on wage payment stipulates: "if the employer causes economic losses to the employer due to the reason of the worker himself, the employer may make compensation for the economic losses according to the labor contract agreement.

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

But the monthly deductions must not exceed 20% of the salary of the worker in the month.

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

Although Guo seriously violates the company's rules and regulations and even labor discipline, it has also caused major losses to the company.

However, from the perspective of the necessary and basic source of life for Guo and his family, he can only deduct the wage deduction according to the corresponding standard or range.

The company's "written off" formula is obviously contrary to the relevant laws and regulations.

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