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Do I need to compensate for the loss caused by work mistakes during the probation period?

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Do I need to compensate for the loss caused by work mistakes during the probation period?


        

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  • 2024-06-14 18:00:01

    If compensation is required and economic losses are caused to the company, compensation shall be deducted from the salary. In the absence of provisions in the Labor Law, the deduction shall not exceed 20% of the monthly salary of the worker. According to the Interim Provisions on Wage Payment: Article 15 Employers shall not withhold workers' wages. In any of the following circumstances, the employing unit may withhold the wages of labourers: (1) the individual income tax withheld and remitted by the employing unit; (2) Various social insurance premiums that shall be borne by the laborer and withheld and paid by the employer; (3) Alimony and alimony required to be withheld in court judgments and rulings; (4) Other expenses that can be deducted from the wages of workers according to laws and regulations. Article 16 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. The lawyer gives an example here: Xu Hong is a quality inspector of a tourism products company in Sihong County, whose monthly salary is about 3000 yuan. In April this year, due to his negligence, a batch of substandard products of the company were put on the market, which caused certain economic losses and negative impacts to the company. In response, the company made a decision on withholding his salary of the month on May 13. He believed that it was illegal for the company to withhold all of its wages, and submitted a mediation application to the Jiangsu Provincial Labor and Personnel Dispute Mediation Service Platform, requesting a salary of 3000 yuan. The focus of the dispute: If employees cause economic losses to the enterprise, does the enterprise have the right to withhold all wages of the month? Mediation result: Shao Wei, a mediation expert who received the mediation application, met with the employer immediately after the employer made a supplementary payment of 2400 yuan. The employer said that its company's rules and regulations clearly stated that if economic losses were caused to the employer due to the fault of the employee, the employer has the right to deduct all the wages of the employee to offset. Xu Hong caused an economic loss of more than 100000 yuan to the unit, and the unit only deducted his salary of that month, which is reasonable. In this regard, the mediation expert informed the employer that although the unit suffered economic losses due to the serious dereliction of duty of workers, the unit has the right to require workers to compensate for economic losses according to the agreement of both parties or rules and regulations, but it must do so according to law. Article 12 of the Jiangsu Provincial Wage Payment Regulations stipulates that if the employer has suffered economic losses due to the laborer's own reasons, and the employer needs to deduct compensation from the salary in accordance with the provisions of the labor contract and the rules and regulations formulated according to law, the part of the salary deducted in the current month shall not exceed 20% of the salary payable to the laborer in the current month, It shall not be lower than the local minimum wage standard. The deduction of all wages of workers in the rules and regulations of the unit violates the relevant laws and regulations, which should be invalid. This means that the deduction of the enterprise should be reasonable, and the basic life of the employees should be guaranteed after the deduction. Through mediation, the company agreed to reissue Xu Hong's salary of 2400 yuan in May 2015. The above is about the loss caused by mistakes during the probation period. Do I need to compensate? Have you learned the knowledge of law?

    y***

    2024-06-14 18:00:01

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