The employee turnover of causes losses to the company how compensation?
Created:
/Author:
Aaron Lewis
A, employee turnover antecedents of intent or gross negligence in direct economic losses caused by the breach of the rules and regulations of the employer require compensation. (a), legal basis 1, the former Ministry of labor, "Interim Provisions on the payment of wages" sixteenth rules "for the laborer reason causes pecuniary loss to the employer, the employer in accordance with the stipulations of the labor contract seeking compensation for economic loss." 2, "Guangdong Province wage payment regulations" Fifteenth article: "because laborer fault caused by the direct economic loss of the employer, it shall bear the liability for compensation according to law, the employer may be deducted from the salary compensation, but shall inform the reason and the amount deducted; not written notification shall not be deducted.After the deduction of compensations monthly wages shall not be lower than the local minimum wage standard." 3, "Shenzhen City wage payment regulations" provisions of article thirty-fourth, the employee shall compensate for personal reasons caused by the economic loss per unit fees. (two), conclusion: if a laborer violates the employer's rules and regulations, causing economic losses to the employing unit, the compensation is the law of the. (three), employee turnover, found that require compensation situation could apply for labor arbitration within one year. basis "labor dispute mediation and Arbitration Law" twenty-seventh stipulates: "the period of limitation of labor dispute arbitration
for one year.Arbitration time period from the party knows or ought to know the rights have been violated from the date."Can be seen from this provision, the starting point for the prescription of labor arbitration is found that employees need compensation case, rather than to the situation, compensation.If the employer is in employee turnover after the discovery of employees needs compensation case, still can apply for labor arbitration within one year. two, compensation conditions: (a), the employer shall formulate rules and regulations; (two), the employer's rules and regulations or the labor contract must be defined in the compensation for the losses caused by the illegal operation; (three), make the employer's rules and regulations formulated by the democratic process and mandatory provisions that let workers and shall not violate the laws and regulations. (four), demonstrated that the loss of existence.The general would be a direct loss, damage, such as guest goods claims, but indirect loss, no compensation, such as the expected profit. (five), the staff there is intentional or gross negligence.If the employee knows goods inspection does not pass and be released or accept bribes behavior can be identified as deliberately, and ordinary employees can find flaws as a professional staff but found no can be identified as significant negligence. three, signed a separation agreement in order to facilitate the proof, suggested that the employer before departure and signed the agreement on the staff, clear the employer has to formulate rules and regulations, and the regulations for major losses, gross negligence, etc. have specific provision, but agreed there is no legal basis for compensation or the specific amount of compensation.And, in general, if the employer can prove that caused the fault behavior of employee loss to resort to the law, the judiciary would award compensation for some but not all of the unit loss. from: small and medium-sized enterprise legal research studioMr. Li is one of the