According to Article 129 of the 2019 Labor Code, enterprises have the right to request employees to compensate for damages according to the provisions of law or the enterprise's labor regulations when they commit the following acts:
- The act of damaging tools, equipment or other acts causing damage to the property of the enterprise.
- The act of losing tools, equipment, assets of the enterprise or other assets assigned by the enterprise.
- The act of consuming materials in excess of what is permitted.
Pursuant to Clause 2 and Clause 3, Article 102 of the 2019 Labor Code, the compensation level and the method of compensation for damages by employees are stipulated as follows:
In case the employee causes no serious damage due to negligence with a value of no more than 10 months of regional minimum wage announced by the Government applied at the employee's workplace, the employee must compensate the maximum of 3 months of salary and be deducted monthly from the salary not exceeding 30% of the actual salary paid after deducting compulsory social insurance, health insurance, health insurance, personal income tax. Employees have the right to know the reasons for their salary deduction.
Employees who lose tools, equipment, and assets of the business or other assets assigned by the business or consume materials beyond the permitted limit must partially or completely compensate for damages according to market price or labor regulations; in case there is a responsibility contract, compensation must be according to the responsibility contract.
In cases where natural disasters, fires, fears, dangerous epidemics, disasters, or events occur objectively and cannot be predicted and cannot be remedied despite the application of necessary measures and the possibility of permission, compensation is not required.
