Employees who cause damage or damage to the enterprise’s assets are obliged to compensate for the damage according to the provisions of law . Below, LawFirm.Vn will provide the necessary information according to the provisions of the 2019 Labor Code.
1. Basis for arising liability for damages
According to the provisions of Article 129 of the 2019 Labor Code, employees must compensate for damages in the following cases:
– The employee damages or loses tools and equipment or commits other acts that cause damage to the employer’s property.
– An employee who is fired due to an act of theft or an act that causes serious damage or threatens to cause particularly serious damage to the employer’s property may be simultaneously dismissed by the employer. claim for damages.
Note : In case of damage caused by natural disasters, fires, enemy attacks, epidemics, catastrophes or due to objective events that cannot be foreseen and cannot be overcome even though the employer has If all necessary and permissible measures are applied, the employee will not have to pay compensation. (Clause 2, Article 129 of the Labor Code 2019)
2. Level of compensation for damages
The level of compensation for damages is determined in Article 130 of the 2019 Labor Code as follows:
– There is an error
– Actual level of damage
– Actual circumstances of the employee’s family, personal identity and assets.
In addition, the level of compensation for partial or total damage at current market prices is applied in some cases specifically stipulated in Article 129 of the 2019 Labor Code:
+ Due to negligence causing damage to tools and equipment with an actual damage value of 10 months or more of the regional minimum wage announced by the Government to apply at the employee’s place of work;
+ Loss of tools, equipment, property of the employer or other property assigned by the employer;
+ Consuming materials beyond the employer’s allowable limit.
Note :
-In case the employee causes non-serious damage due to negligence with the actual damage value not exceeding 10 months of regional minimum wage: the maximum compensation is 03 months’ salary stated in the labor contract of the previous month. adjacent before causing damage.
– In case the employee causes the above damage to the employer and has a liability contract with the employer: compensation according to the level agreed in the liability contract.
3. Order, procedures, and statute of limitations for handling compensation for damages
The process of handling compensation for damages must also follow the same procedures as when handling labor discipline specified in Article 122 of the 2019 Labor Code. Specifically:
– The employer must prove the employee’s fault;
– Must have the participation of the labor collective representative organization at the grassroots;
– The employee must be present and has the right to defend himself or ask a lawyer or someone else to defend him;
– In case the employee is a minor (under 18 years old), there must be the participation of a father, mother or legal representative;
– The handling of compensation for material damage must be recorded in writing;
The statute of limitations for handling is specified in Article 123 of the 2019 Labor Code as follows: The maximum statute of limitations for handling compensation is 12 months.
The decision to handle compensation for material damage must be issued within the time limit prescribed by law
Note :
Compensation for damages to employees is not allowed during the following period as prescribed in Clause 4, Article 122 of the 2019 Labor Code:
– Sickness and convalescence leave; Leave work with the consent of the employer;
– Being detained or detained;
– Waiting for the results of the competent authority to investigate, verify and conclude the violations specified in Clause 1, Article 126 of this Code;
– Female employees are pregnant and take maternity leave; Employees raising children under 12 months old.
4. Complaints
– The person who is handled must compensate if found unsatisfactory and has the right to complain to the employer, district labor management agency or request resolution of labor disputes according to the order prescribed by law. . (Article 131 of the Labor Code 2019)
The request to resolve labor disputes of employees regarding labor discipline and compensation for material damage is resolved according to the order and procedures for resolving individual labor disputes specified in Articles 188 and 189 of the Labor Code 2019 and other regulations. relevant regulations.
