Compensation for damage is an important provision in Civil Law. According to Article 13 of the 2015 Civil Code: “Individuals and legal entities whose civil rights have been infringed shall be compensated for all damages unless otherwise agreed by the parties or otherwise provided for by law”. In the process of working, the employee cannot avoid due to negligence that damages the company’s property. So in case, the company’s property is damaged by negligence, how is the law stipulating the responsibility of the employee in compensating the company for damage? – Hong Bang Law Firm with a team of experienced and highly specialized lawyers would like to advise on Compensation liability when employees lose or damage the company’s assets as follow:

Legal basis

• Labor Code 2019;
• Decree No. 145/2020/ND-CP detailing and guiding the implementation of several articles of the Labor Code on labor conditions and labor relations

Compensation liabilities of employees

According to Clause 1, Article 129 of the Labor Code 2019, “The employee who damages tools and equipment or commits other acts causing damage to the property of the employer must pay compensation following the law or internal labor regulations of the employer”, then apply to each specific case as follows:

Case 1: In case the employee causes non-serious damage due to negligence with a value of not more than 10 months of the regional minimum wage announced by the Government applied at the place where the employee works, the employee must compensate usually at most 03 months’ salary and with monthly deductions from the monthly salary with a deduction of not more than 30% of the employee’s monthly actual salary after deduction of compulsory social insurance contributions. , health insurance, unemployment insurance, personal income tax.

Case 2: The employee loses tools, equipment, property of the employer, or other property assigned by the employer or consumes materials beyond the allowable limit, he must compensate for the damage. in whole or in part according to market prices or labor regulations;

Case 3: In case the employee causes damage to the employer in case 2 and has a liability contract with the employer, he/she must pay compensation according to the liability contract.

Case 4: Cases caused by natural disasters, fires, enemy sabotage, dangerous epidemics, catastrophes, objective events that cannot be foreseen and cannot be remedied even though all necessary measures have been taken. necessary and permissible, no compensation is required

Other legal consequences

In addition to the above compensation, the employee must also bear consequences corresponding to the following acts:

Case 1: If the employee’s behavior causes serious damage or threatens to cause particularly serious damage to the employer’s property and interests as stipulated in the labor regulations, he/she may be subject to fines and penalties. dismissal discipline. If an employee damages property but has not yet caused serious property damage, the employer shall based on the labor regulations, apply other forms of discipline.

Case 2: If the employee intentionally damages or loses the company’s property and is eligible to prosecute under article 178: Crime of destroying or intentionally damaging property of the 2015 Penal Code, workers may be subject to criminal prosecution

Our services

Hong Bang Law Firm has consulted and supported many businesses in labor relations. The services Hong Bang Law Firm provides are as follows:

• Regular legal advice on labor relations, insurance
• Consulting and evaluating labor contracts, labor rules, other internal documents of the enterprise
• Consulting on drafting labor contracts, labor rules, and other internal regulations of the enterprise
• Consulting on labor dispute resolution, labor discipline.

If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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