[Case Summary]This case is a labor dispute arbitration case. The applicant, a certain technology company in Beijing, alleges that employee Wang * seriously neglected his duties and made major mistakes, causing direct economic losses of 42,000 yuan, and demands that Wang * compensate for the losses. Wang * entrusted Beijing Henglu Law Firm to handle the case.Wang DongAttorney representation. The lawyer pointed out that the applicant only submitted the employee punishment notice (a copy with the company's official stamp), without the original document for verification, and the authenticity could not be confirmed. The applicant should bear the unfavorable consequences of failing to provide evidence. The arbitration committee rejected the applicant's arbitration request in accordance with the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China". Core dispute: Whether the company's claim of employee negligence-related losses is supported by sufficient evidence. Applicable laws: Article 6 and Article 42 Paragraph 4 of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China".

I. Review of the case

"What should I do if the company says I made a work mistake and wants me to pay compensation?" "Do I have to compensate for the losses caused by an employee's negligence?" "Is it valid for the company to use copies as evidence?" These are common workplace dilemmas. On September 1, 2020, Wang * signed a fixed-term Labor Contract with a Beijing-based technology company, serving as the assistant to the general manager for a six-year term. The two parties also signed a Confidentiality Agreement and a Supplementary Agreement on Household Registration. In July 2021, the company claimed that Wang * had committed serious negligence and major mistakes in his work, causing direct economic losses of 42,000 yuan to the company. According to Article 16 of the Interim Regulations on Wage Payment and the provisions of the Supplementary Agreement on Household Registration, the company demanded that Wang * pay the 42,000 yuan in compensation.

Wang * joined the company on September 1, 2020, and the labor relationship between the two parties was terminated on February 23, 2022. Wang * has entrusted our law firm to handle the legal matters related to this labor dispute.Wang DongThe lawyer represented this case. In the arbitration, the applicant submitted the original labor contract, the supplementary agreement on household registration, and the confidentiality agreement, which proved that the two parties signed a six-year fixed-term labor contract and agreed on supplementary responsibilities. At the same time, the applicant submitted the employee punishment notice (a copy stamped with the company's official seal) to prove that Wang * caused losses due to his mistakes. However, we did not have the original of the punishment notice to verify its authenticity, and we did not recognize its probative value.

II. The focus of the case

  • Focus 1: Whether the economic losses claimed by the company actually exist and are supported by evidence.The applicant only provided a copy of the penalty notice as evidence, without providing the original for verification.
  • Focus 2: Is there a direct causal relationship between the losses and the employees' behavior?The company failed to prove that Wang's actions directly caused the loss of 42,000 yuan.
  • Focus 3: Whether the worker has committed intentional or gross negligence.The employer must prove that the employee committed intentional or gross negligence in order to claim compensation.

III. Professional intervention by Hengluo Lawyers

The applicant (the employing unit) claims that:The company alleged that Wang * committed serious dereliction of duty and made major mistakes in July 2021, resulting in direct economic losses of 42,000 yuan. According to the "Interim Regulations on Wage Payment" and the provisions of the supplementary agreement, the company demanded that Wang * make compensation.

The respondent's (worker's) position:Wang * entrustedWang DongThe lawyer argued that he recognized the authenticity of the original documents such as the labor contract, but did not recognize the authenticity of the punishment notice, claiming that the company did not have sufficient evidence to prove the loss and the causal relationship.

Hengluo Lawyer's Agency Opinion:The lawyer argued that in the event of a labor dispute, the party claiming rights has the responsibility to provide evidence. If there is no evidence or insufficient evidence, the party with the burden of proof shall bear the adverse consequences. The applicant only submitted a copy of the employee's punishment notice for the losses caused by Wang's work mistakes, but failed to submit the original for verification, so the authenticity could not be confirmed. Therefore, the applicant's claim lacks factual and legal basis, and the court should reject it according to law.

IV. Outcome of the case

The Arbitration Commission ruled to dismiss the arbitration request of the applicant, Beijing * Technology Company, in accordance with the provisions of Article 6 and Article 42 Paragraph 4 of the "Mediation and Arbitration Law of the People's Republic of China for Labor Disputes". This case clarifies that if an employer seeks compensation on the grounds of an employee's dereliction of duty, it must provide sufficient and authentic evidence. Copies alone cannot be accepted as evidence.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmWang DongThe attorney (practice certificate number: 11101201910090334, subject to the document issued by the judicial administrative organ) acts on behalf of the client. If an employee encounters a lawsuit from the company demanding compensation for losses, they should not panic. They should first verify whether the company's evidence is authentic and complete, and consult a professional lawyer when necessary to protect their own rights. The labor dispute team of Beijing Henglu Law Firm defends workers' rights with rigorous strategies of evidence collection and cross-examination.

VI. Common Questions and Answers about Labor Compensation Disputes

  1. Q: Can the company arbitrarily require employees to compensate for losses caused by work mistakes?
    A:No. The company must prove that the actual loss exists, that there is a causal relationship with the employee's actions, and that the employee committed intentional or gross negligence.
  2. Q: Is it valid for the company to use copies as evidence?
    A:If the copy is not checked against the original and the other party does not recognize it, its authenticity is difficult to verify, and it generally cannot be used as a basis for making a final judgment.
  3. Q: Under what circumstances must an employee pay compensation for negligence at work?
    A:Three conditions must be met simultaneously: there must be actual losses, a direct causal relationship between the losses and the employee's actions, and the employee must have acted with intent or committed a serious negligence.
  4. Q: How can I provide evidence to refute the company's claim for compensation?
    A:The key point is to question the authenticity, legality, and relevance of the other party's evidence, argue that their burden of proof cannot be met, and bear the adverse consequences thereof.
  5. Q: Do I have to compensate the company for its losses if I sign the supplementary agreement for household registration?
    A:The agreement stipulates that compensation shall be based on actual losses and faults. If there are no actual losses or faults, no compensation can be claimed.