Labourers by the unit loss due to fault

Liability for loss due to the fault of workers caused unit

The employer shall require him to bear the economic responsibilities, is obviously unfair to the laborer. This relates to the employer for their income distribution, in fact, the pay of the laborers is just one small part, most of them become the employer's profits. As a laborer loss, actually is the result of the worker and the legal status of the different units, with all people, unit is not only the enterprise property management, is the enterprise managers and supervisors, so once the workers caused by the economic loss unit loss situation, the employer has dual identities that is, the victim, and labor management. If in this case let workers liable for all, then the enterprise managers will not bear any responsibility. And the employer pays worker on the price of labor achievements created compensation and labor are opposite, enterprises as a result of owners, should bear the risk of operation. At the same time, with each work unit by different workers to finish, if the strict requirements of workers according to the fault liability, is the essence of the business risk transferred to the laborers, the workers in a weak position, unreasonable. Therefore, under normal circumstances, only in the workers due to intentional or gross negligence, causing economic losses to the employing unit case, the worker responsible for. If the worker has no negligence or only slight negligence, without compensation.

The gross negligence of employers loss, can limit compensation, without the need to compensate all the loss. The reason mainly has the following three points:

First of all, the worker and the legal status of the different units, with all people, unit is not only the enterprise property management, is the enterprise managers and supervisors, once the occurrence of workers caused by the economic loss in the case of double identity, the employer has the victim and offender management if the laborer, bear the liability of compensation for all, then the enterprise as a management responsibility cannot be.

Secondly, the employer pays worker on the price is often lower than the remuneration for labor workers created profit, fair principle according to the rights and obligations of consistent, the employer should bear the risk should be greater than the workers.

Thirdly, based on the consideration of social risk sharing, the employer may be included in the cost of compensation cost to raise the price of goods or services through insurance or, which will damage on to the whole society, the employer is the most appropriate "risk absorption". Therefore, the employer shall limit the right of claim for damage compensation, to prevent abuse of the right to claim compensation for the damage.

　 3, workers no negligence or only slight negligence, without compensation. The reason mainly has following several points:

Firstly, according to the compensation liability theory, duty behavior of workers is to the interests of the employing units, therefore, the risk of workers duty behavior should also enjoy to interests, should the responsibility of the interests of the owners that the employer to bear.

Secondly, because of the employer's business activities are implemented by the specific behavior of workers, workers' behavior is equivalent to the employer's behavior. If the workers in the performance of any position in the process of dereliction of duty caused losses to the employer, the employer can require workers to compensation, will undoubtedly add to the worker's responsibility, transfer of the employer's business risk, is obviously unfair. Therefore, unless the workers in the case of intent or gross negligence, or compensate the employing unit may not require workers.

In determining the workers intentionally or through gross negligence shall bear the liability for compensation of the specific amount of compensation,

First, if the labor contract has an agreement, it should be to the labor contract and compensation expenses shall prevail. Because the "labor law" the seventeenth paragraph second: "the labor contract concluded according to law is legally binding, the parties must perform the obligations as stipulated in the labor contract."

"The provisions of article sixteenth Interim Provisions": "the laborer wage payment due to the economic losses caused by the employer, the employer may contract seeking compensation for economic loss of economic loss compensation in accordance with the, can be deducted from the employee's wages. But the monthly deductions shall not exceed the workers monthly wages 20%. If the residual wage part after the deduction is lower than the local minimum wage standard, pay by minimum wage standard."

Secondly, the unit if the corresponding rules and regulations, and after the workers congress or the Congress by, and has been told to him laborer or publicity. In the trial of cases can be treated according to the regulations, but the unit have to bear the burden of proof, in order to prevent the abuse of the right of the unit.

The laborer fault caused by employer may claim compensation for economic losses

Author:Time: 2009-05-26

The laborer fault caused by employer may claim compensation for economic losses

One, the legal basis
(a) "labor law"

"Labor law" the seventeenth paragraph second: "the labor contract concluded according to law is legally binding, the parties must perform the obligations as stipulated in the labor contract."

"Specified in the first paragraph of article fifty-sixth labor law": "labourers must strictly abide by rules of safe operation in the process of labor."

Rule 102nd: "workers in violation of the regulations will be the conditions of labor contracts or breach of confidentiality matters as stipulated in the labor contract, causing economic losses to the employing unit, it shall assume the liability for compensation according to law."

(two) the labor department 'compensation "in violation of relevant provisions of the labour contract law'"
Rule fourth: "if the employee violates the provisions of the labor contract or terminate the labor contract, the direct economic loss due to operation and the employing unit production, the workers shall make compensation for the economic loss, with unit."
(three) the "Provisional Regulations on payment of wages"
Sixteenth where a worker personal reasons, thus causing economic losses to the employer, the employer in accordance with the stipulations of the labor contract seeking compensation for economic loss. The economic loss compensation, can be deducted from the employee's wages. But the monthly deductions shall not exceed the workers monthly wages 20%. If the residual wage part after the deduction is lower than the local minimum wage standard, pay by minimum wage standard.
(four) "labor contract law"
The unit and the laborer with twenty-ninth people should be in accordance with the stipulations of the labor contract, fully perform their respective obligations.
Ninetieth workers in violation of the provisions of this law to terminate the labor contract, or violates the stipulations of the labor contract or confidentiality obligations of prohibition of business strife, and causes losses to the employing unit, it shall assume the liability for compensation.

"The Supreme People's Court on the trial of labor dispute cases applicable law interpretation of several issues" nineteenth stipulates: "the employer according to the provisions of the labor law > > Fourth, through democratic procedures, rules and regulations, not in violation of laws, administrative regulations and policies and regulations, and have been announced to the workers, as the people's court the trial of labor dispute cases on the basis of."
(five) "general principles of civil law"
Article 106th citizens, legal persons who breach a contract or fail to fulfill other obligations, shall bear civil liability
Ren.
Citizens, legal persons because of their fault encroach upon state or collective property, infringement of property, the person should bear civil liability.
No fault, but the law should assume civil liability, it shall bear civil liability.
Two, conditions
From the provisions of the laws and regulations can be seen: if a laborer violates the rules and regulations of the employing units, technical operation rules and safety regulations, causing economic losses to the employing unit, for illegal workers compensation is the law, it is lawful. But it should be noted that in the actual operation to meet the following conditions:
(a) the employer is to make the rules, procedures and safety rules?
(two) the employer's rules and regulations or the labor contract if there are illegal operations caused by specified loss requirements of worker's compensation or agreed?
(three) whether to make the employer's rules and regulations through the democratic process to develop and to let workers know?
Three, several cases of advice
(a) general negligence caused the loss of the "Interim Provisions", in accordance with the provisions of payment of wages, the monthly deduction of workers wages 20%, but note that the remaining salary shall not be lower than the local minimum wage standard.
(two) intentional damage to property caused heavy losses or other constitutes a crime, shall be investigated for criminal responsibility to the public security organs, mention the employer criminal incidental civil claim compensation for economic loss.
(three) for breach of confidentiality obligations losses, according to confidential agreement for the payment of default and compensation for loss.
(four) the fault caused loss of the third parties, the employer compensation third people after the loss, according to the labor contract or regulations require workers to compensation.
Four, pay attention to
(a) factors shall be according to the work, responsibility, compensation, the degree of fault in the workers bear the responsibility to determine the size of the responsibility, should follow the principle of fair and reasonable. Employers laborers illegal accident is always more or less have certain responsibilities, so according to the actual situation, I think that let workers in no more than 50% of the proportion of responsibility is reasonable.
(two) the employer must have rules and regulations and operation rules and perfect, this is the most important basis for the compensation for the loss of.
(three) the employer shall timely fixed caused economic losses caused by the amount of the loss of evidence, to have the exact evidence to prove, not most probably it did not actually happen to estimate a number.