In fact, in the course of labor, the employee for any reason violates the labor discipline, causing material damage to the employer. The following article, we would like to share to readers about discrimination between labor discipline and material responsibility.
Firstly, about the concept:
Material liability is the responsibility to pay damages for property caused by violations of labor discipline or lack of sense of responsibility while performing the labor obligations.
Labor discipline is a type of liability imposed by employers on employees who have committed labor discipline violations by forcing them to take one of the disciplinary measures.
Second, on the subject of application:
– Labor discipline responsibility, the subject of application will be the employer
-The material responsibility, the subject of application is the employee
Third, on the basis of application:
– For material disciplinary responsibilities: The following grounds appear: There are violations of labor discipline, There are errors, There is property damage to the employer, The causal relationship between violations and property damage.
– For responsibilities of labor discipline: There are violations of labor discipline, There are errors.
Fourthly, about the cause of application:
– Material responsibility:
+ Losing tools and equipment, losing other properties assigned by the enterprise; or consumes materials in excess of the permitted level.
+ Damaging tools, equipment or otherwise causing damage to the assets of the enterprise.
– Labor discipline responsibilities:
The employee violates the labor regulations set by the employer to the extent that labor discipline must be applied.
Fifth, in principle:
– For material responsibility:
+ Must base on the error, the extent of actual damage and actual circumstances of the family, personal identity and property of the employee.
+ The regulation of compensation is gradually deducted from the employee’s monthly salary.
– For labor discipline responsibilities:
+ Each violation will only be handled one form of discipline.
+ Do not handle workers with mental illness or another disease that results in loss of cognitive ability or behavioral control.
+ Not disciplining employees who are on sick leave, convalescence or leave of absence with the employer’s consent; being held in custody or temporary detention; awaiting the results of competent authorities verifying and concluding violations of embezzlement, theft, gambling, drug use in the workplace, disclosure of business secrets, technology, intellectual property, causing damage or threatening to cause serious damage to the property and interests of the employer; maternity leave, pregnant female employee, raising children under 12 months of age.
+ Prohibit infringing upon the body and dignity of the employee when disciplining.
+ Prohibit the use of the form of fines, wages cut instead of disciplining labor.
+ Prohibiting the handling of labor discipline for the reason of joining the strike in accordance with the law.
Friday, about the form:
-The form of labor discipline responsibility is: reprimand, extension of wage increase period not exceeding 06 months; dismissal and dismissal.
-The form of material responsibility is compensation for material damage in cash.