1. Employees must compensate the company when they damage or lose tools, equipment, and assets:

Article 129 of the 2019 Labor Code stipulates compensation for damages, specifically as follows:

– Employees who damage tools and equipment or commit other acts that cause damage to the employer's property must compensate according to the provisions of law or according to the employer's labor regulations. announced by labor. In case the employee causes non-serious damage due to negligence with a value not exceeding 10 months' regional minimum wage that the Government has announced to be applicable at the employee's place of work, the employee will have to compensate. Maximum is 03 months salary and will be deducted monthly from salary.

– An employee who loses tools, equipment, property of the employer or other assets assigned by the employer or consumes materials beyond the allowable limit will have to compensate for damages. partly or entirely according to market prices or labor regulations; In case there is a liability contract, the employee must compensate according to the liability contract; In cases where it is due to natural disasters, fires, enemy sabotages, dangerous epidemics, catastrophes, or objective events that cannot be foreseen and cannot be overcome even though all necessary measures have been applied. necessary and permissible, no compensation is required.

Accordingly, when an employee damages or loses tools, equipment, or property of the employer, compensation must be made, specifically as follows:

– In case of damage: The employee must compensate the employer according to the provisions of law or the employer's published labor regulations. If the damage is not serious due to negligence with the value of the damage not exceeding 10 months of the regional minimum wage, then the employee must compensate at most 30 months' salary and have it deducted monthly from the salary according to regulations. under the law.

– In case of loss: the employee must compensate the employer partially or completely according to the market price or published labor regulations. In case of a liability contract, compensation must be according to the contract. share that responsibility. In this case, the employee will not have to compensate the employer when the employee loses tools, equipment, or assets of the employer due to natural disasters, fires, enemy sabotage, or epidemics. Dangerous diseases, disasters, and objective events that are unpredictable and cannot be overcome despite the application of all necessary and permissible measures.

Note that the consideration and decision on the level of compensation for damages will have to be based on the fault of the employee who caused the damage, on the actual level of damage and the actual circumstances of family, personal and financial situation. workers' assets.

2. Employees must compensate the company when violating agreements on business secrets and technology:

Article 4 of Circular 10/2020/TT-BLDTBXH on the content of labor contracts and jobs that adversely affect reproduction and child rearing regulates the protection of business secrets and technological secrets. This Article regulates the protection of secrets business and technological secrets as follows:

– When an employee works directly related to business secrets or technological secrets according to the provisions of law, the employer will have the right to agree with the employee on the content of protection. business secrets, technological secrets in the labor contract or in another document as prescribed by law.

– Agreement on protection of business secrets and technology secrets may include the following main contents:

+ List of business secrets and technology secrets;

+ Scope of use of business secrets and technology secrets;

+ Protection period for business secrets and technology secrets;

+ Methods of protecting business secrets and technology secrets;

+ Rights, obligations and responsibilities of employees and employers during the protection period of business secrets and technology secrets;

+ Handling violations of agreements on protection of business secrets and technology secrets.

– When discovering that an employee violates the protection agreement on business secrets or technological secrets, the employer has the right to request compensation from the employee according to the agreement of both parties. The order and procedures for handling compensation are carried out as follows:

+ In case an employee is discovered to have committed a violation during the term of the labor contract, it will be handled according to the order and procedures for handling compensation for damages.

+ In case an employee is discovered to have committed a violation after the labor contract has been terminated, it will be handled according to the provisions of civil law and other relevant laws.

– For business secrets and technological secrets that are on the list of state secrets, they will comply with the provisions of law on protecting state secrets.

Accordingly, if an employee violates the agreement on protection of business secrets or technological secrets agreed upon and signed with the employer, he/she must compensate according to the agreement, unless the employer Employers do not require compensation.

3. Employees must compensate the company when unilaterally terminating the labor contract illegally:

According to the law, when the employee unilaterally terminates the labor contract, he must notify the employer a period of time as agreed upon by both parties or as prescribed by law. The law stipulates that employees have the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

– At least 45 days if working under an indefinite-term labor contract;

– At least 30 days if working under a fixed-term labor contract with a term from 12 months to 36 months;

– At least 03 working days if working under a fixed-term labor contract with a term of less than 12 months;

Particularly for some specific industries, occupations, and jobs, the law stipulates the notice period as follows:

– At least 120 days for labor contracts with indefinite term or labor contracts with a definite term of 12 months or more;

– At least one quarter of the term of the labor contract for labor contracts with a term of less than 12 months.

Except for the following cases, employees will not need to comply with the notice period agreed upon by both parties or prescribed by law:

– Not being arranged according to the job, working location or not guaranteed working conditions as agreed

– Not paid in full or not paid on time

– Being mistreated, beaten by the employer, or having humiliating words, actions, or actions that affect health, dignity, or honor; forced labor;

– Being sexually harassed at work;

– Pregnant female employees must leave work according to the provisions of law

– Full retirement age according to the provisions of law, unless the parties agree otherwise;

– The employer provides dishonest information according to the provisions of law, affecting the implementation of the labor contract.

Article 40 of the 2019 Labor Code stipulates that the employee's obligations when illegally unilaterally terminating a labor contract are:

– Not paid severance pay.

– Must compensate the employer for half a month's salary according to the labor contract and also an amount corresponding to the salary according to the labor contract for days without prior notice.

– Must reimburse the employer for training costs according to law.

Thus, if the employee unilaterally terminates the labor contract illegally (i.e. does not comply with the notice period mentioned above), then the employee will have to compensate the employer for half a month. salary according to the labor contract and also an amount corresponding to the salary according to the labor contract for days without prior notice.

Legal documents used in the article:

– Labor Code 2019.