While working, in some circumstances, workers will have to compensate for the business. Depending on the situation, this amount may be small or large. But no matter what, workers should know to avoid it.
1. Compensation for unilateral termination of the contract illegally
Unilateral termination of an employment contract illegally means that the employee has violated the reasons for leaving the job (as prescribed by law). Or he/she does not notify the employer on time required.
One or more workers quit their jobs will significantly affect the production and business process of an enterprise. Therefore, compensation, in this case, is necessary.
According to Article 43 of the 2012 Labor Code, in addition to not receiving severance allowances, employees must also pay compensation to the employer for the following:
– Half a month’s salary under the labor contract;
– An amount corresponding to his or her salary during the days off without notice (if the violation of the notice policy);
– Training expenses (if any) include the ones with valid vouchers for teachers, study materials, schools, classes, machines, equipment, functional materials, salaries, social insurance, health insurance, and other allowances for learners. In the case of worker training in another country, this cost also includes travel and living expenses while abroad.
2. Compensation for loss or damage of tools and equipment
The payment for damage to the property of the business is the obligation of the employee. According to Article 130 of the 2012 Labor Code, employees must pay compensation when:
– Damaging tools and equipment or damaging the employers’ property;
– Losing tools, equipment, and assets of the employer (or other estate assigned by the employer);
– Consuming supplies over the permitted level.
In these cases, depending on the level of damage, the employee will have to pay different levels of compensation.
Workers are not required to pay compensation for damages caused by natural disasters, fires, epidemics, catastrophes, real events that are not foreseen and cannot be remedied despite taking all necessary measures.
3. Compensation for violations of business and technology secrets
This compensation is not for any employee. Because it poses only to employees who are directly related to the business and technology secrets of the enterprise.
According to Article 18 of the 2012 Labor Code, before employing employees, employers and employees must directly sign labor contracts.
And to avoid possible conflicts and disputes, employers have the right to agree in writing with their employees about the content, the time limit for protecting technology and business secrets, entitlements, and compensation in the case that the workers have committed violations.
Thus, for those employees who have an agreement on business and technology secrets that violate this agreement, they will have to pay compensation.