Does The Unit Have The Right To Compensate Employees For The Loss?

Wu Yuru: I didn't go to work after the birth the year before last, I took full time to bring my children home, and my husband earned money to support my family.

My husband is a network customer service staff at a headquarters of a technology company. They communicate with their colleagues through QQ. Sometimes they are checked by telephone, and sometimes there are no problems with direct delivery.

The workload increased sharply before the Spring Festival this year. When the company communicated with the QQ of a branch, they said that they wanted to deliver the goods. My husband immediately sent the goods at the designated address of the other party. Later, he realized that the QQ number was stolen, and the company lost more than 80 thousand yuan.

Now the company has made full compensation for the loss caused by my husband's serious breach of the management system.

If we do not pay, we will go to court. We will rely on the wages of our husband to support life. If not, we will have to sell property and car to pay.

Can the company compensate employees for their losses?

An Huimin: cause

If the cause causes losses to the employer, the employer may require the laborer to pay for the loss.

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 can be obtained from the worker himself.

Deducted from.

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

If the residual salary after deduction is lower than the local minimum monthly wage standard, it will be paid according to the minimum wage standard.

Therefore, employers have the right to demand compensation from workers, but if deducted from wages, the monthly deduction should not exceed 20% of the workers' monthly wages.

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In December 2014, I terminated the labor contract with the unit, and I signed a two-year labor contract with another unit.

In view of the fact that I did not pay the wages in the original unit, I was asked to receive it 5 days later. I proposed to the new unit that I would be able to go to work formally after a week.

Who knows, I encountered a traffic accident on the way to the original unit to receive wages.

The traffic police confirmed that the driver took full responsibility.

Neither the original unit nor the new unit has worked for work-related injury insurance for me. I have asked for compensation for work-related injuries respectively.

However, the original unit refused because of the fact that there was no labor relationship between me and the new unit.

In accordance with the provisions of the fourteenth section of the "Regulations on industrial injury insurance", the workers and workers, on the way to work, are liable to be identified as work injuries by traffic accidents or urban rail traffic, passenger ferry and train accidents on the way to work.

The sixty-second clause, the second paragraph, stipulates that workers who are involved in work-related injury insurance and who do not participate in work-related injury insurance shall be paid according to the items and standards of work-related injury insurance benefits stipulated in these regulations.

It can be seen that the premise of the liability for work-related injury is to constitute such work-related injuries and employers. One is on the way to work and two on the way to work.

Xiaofang was only going to get wages, not on the way to and from work.

At the same time, Xiaofang does not belong to the employees of the original units or new units, because "workers" refer to the laborers who have labor relations with the employing units.

The labor contract between Xiaofang and the original unit has expired, and according to the provisions of the tenth and third paragraph of the labor contract law, "the labor contract between the employer and the laborer before the employment, and the establishment of the labor relations self employment", the labor relationship between the small party and the new unit has not been formally established.

Therefore, the traffic accident of Xiaofang, the original unit and the new unit are not liable for industrial injury compensation.