Lawyer Nguyen Huu Hoc - Ho Chi Minh City Bar Association - said that the 2019 Labor Code has clear regulations on these cases. Accordingly, if employees damage tools, equipment or have other acts causing damage to the business's property, they must compensate according to the provisions of law or the company's internal labor regulations.
In case employees cause non-sERIOUS damage due to negligence with a value of no more than 10 months of the regional minimum wage announced by the Government applied at the workplace of employees, employees must compensate at most 3 months of salary and be deducted monthly from salary.
The monthly salary deduction level must not exceed 30% of the actual monthly salary paid by employees after deducting and paying compulsory social insurance, health insurance, unemployment insurance, and personal income tax.
In case employees lose tools, equipment, assets of the enterprise or other assets assigned by the enterprise or consume materials exceeding the permitted limit, employees must compensate for partial or total damage according to market prices or internal labor regulations. In case there is a contract of responsibility, compensation must be made according to the contract of responsibility; in case due to natural disasters, fires, enemy disasters, dangerous epidemics, disasters, objectively unpredictable events that cannot be overcome, even though all necessary measures and permitted capabilities have been applied, compensation is not required.
Lawyer Hoc noted that the consideration and decision on the level of compensation for damages must be based on the fault, the actual extent of damage and the actual circumstances of the employee's family, personal history and property.
“Specially note, businesses are not allowed to handle compensation for damages to employees who are on sick leave, convalescence leave, or leave work with the consent of the business; employees who are being temporarily detained, temporarily imprisoned or waiting for the results of competent authorities to investigate and verify and conclude against acts of theft, embezzlement, gambling, intentional injury, drug use at the workplace; disclosing business secrets, technological secrets, infringing upon the intellectual property rights of the business, or having acts causing serious damage or threatening to cause particularly serious damage to the property and interests of the business, or sexual harassment at the workplace as prescribed in the internal labor regulations,” lawyer Hoc emphasized.
