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Should employees compensate the company for their self departure

Week* Tibet Linzhi Labor relations consultation 2024.04.24 11:41:09 342 people read

Should employees compensate the company for their self departure

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Region: Sichuan Chengdu

Resolution:
Under normal circumstances, the industrial and commercial enterprise does not need to compensate the unit for the employee's voluntary resignation, but this is only limited to the case that no economic loss has been caused to the unit.
According to the provisions of Article 16 of the Interim Provisions on Wage Payment issued and implemented by the Ministry of Human Resources and Social Security of the People's Republic of China, when an employee suffers economic losses due to his or her personal behavior, the employer has the right to claim compensation from the employee's work in accordance with the provisions of the labor contract.
The amount of compensation may be deducted from the employee's personal salary, but the amount deducted each month shall not exceed 20% of the employee's total salary of that month.
If the remaining salary after deducting the actual economic loss is still insufficient to pay the local monthly minimum wage standard, the minimum wage standard will be used as the settlement basis.
Legal basis:
Article 16 of the Interim Provisions on Wage Payment, if the laborer causes economic losses to the employing unit due to his own reasons, the employing unit may require the laborer to compensate for the economic losses in accordance with the provisions of the labor contract.
Compensation for economic losses may be deducted from the wages of the workers themselves.
However, the monthly deduction shall not exceed 20% of the laborer's monthly salary.
If the residual wage after deduction is lower than the local monthly minimum wage standard, it shall be paid according to the minimum wage standard.

Reply at 11:55:09 on April 24, 2024
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Region: Taiwan Yunlin County

Under normal circumstances, employees who decide to leave their own jobs do not need to make compensation to the original unit. However, those who cause losses to the company due to resignation must be considered separately.
According to the relevant regulations in the Interim Provisions of the People's Republic of China on Wage Payment, Article 16 clearly points out that where an enterprise suffers economic losses due to the negligence of a worker, the enterprise has the right to require the worker to bear corresponding liability for specific losses in accordance with the labor contract. For the way of compensation for economic losses, the enterprise can deduct from the employee's personal salary, but at the same time, it should follow the following legal policies: the monthly deduction amount should not exceed 20% of the employee's salary of the month; After deducting the loss, if the remaining salary is still lower than the monthly minimum wage standard of the region, the minimum wage standard should be followed.

2024-04-24 16:49:03 Reply

For this question, the answer is as follows: national standard punishment regulations: 1. For those with more than 20% and less than 50% overload, their driver's licenses will be suspended for one month, their Spring Festival travel licenses will be withdrawn, and they will participate in a 24 hour safety education class; The owners (or vehicle contractors) and drivers of long-distance buses with more than 50% (inclusive) of serious overcrowding, serious circumstances and disorderly order on the bus can be regarded as having the behavior of disturbing the order on public transport vehicles, and shall be detained for not more than 15 days and fined not more than 200 yuan in accordance with the provisions of Item 3 of Article 19 of the Regulations on Administrative Penalties for Public Security (hereinafter referred to as the Regulations on Penalties), The driver's license will be suspended for one month, and the "Spring Festival Transport License" will be withdrawn and publicly exposed through the news media. For passengers exceeding 20% of the seating capacity, the local transportation department shall organize vehicle diversion. The diversion cost shall be borne by the owner (or vehicle contractor) or driver. It is strictly prohibited to impose a fine without diversion. satisfied.

According to the provisions of relevant laws in China, the judicial committee is composed of the president, vice presidents and a number of senior judges. Its members should be odd. Its functions include summarizing trial experience, discussing and deciding on the legal application of major, difficult and complex cases.
People's Organization Law of the People's Republic of China
Article 36 The people at all levels shall establish judicial committees. The judicial committee shall be composed of the president, vice presidents and several senior judges, and the members shall be odd.
The trial committee meetings are divided into plenary meetings and professional committee meetings.
The people at or above the intermediate level may, according to the needs of judicial work, convene meetings of professional committees for criminal justice, civil administration of justice and other matters in accordance with the specialties and division of work of members of the judicial committee.
Article 37 The judicial committee shall perform the following functions:
(1) Summarize the experience of trial work
(2) Discuss and decide on the legal application of major, difficult and complex cases
(3) Discuss and decide whether the court's legally effective judgments, rulings and mediation statements should be retried
(4) Discuss and decide on other major issues related to trial work.
The interpretation of the Supreme People on issues pertaining to the specific application of law in judicial work shall be discussed and approved by the plenary session of the judicial committee, and the issuance of guiding cases may be discussed and approved by the professional committee of the judicial committee.

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