Property security dereliction of duty, the loss of things in the community, do you need full compensation? Or partial compensation, what is the basis?

How to compensate for the losses caused by dereliction of duty in property security work in the community should be determined according to the fault (dereliction of duty), the proportion of responsibility to be borne and the nature of the contractual relationship. First, if it is clear that the fault has caused property losses to others, and the compensation obligee has evidence to support his claim to the security guard, he needs full compensation; Second, when the property management company (employer) investigates the security guard's liability for compensation, it needs to have the way of undertaking the responsibility agreed in the contract or the employer's management and production support, which cannot exceed the limit stipulated by law.

Attachment: 1 Legal basis:

(1) labor law?

Article 102 If a laborer terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, thus causing economic losses to the employing unit, he shall be liable for compensation according to law. ?

(2) The Compensation Measures for Violation of Labor Law and Labor Contract issued by the Ministry of Labor?

Article 4 Where a laborer terminates the labor contract in violation of these Regulations or the stipulations of the labor contract, thus causing direct economic losses to the production, operation and work of the employing unit, the laborer shall compensate the employing unit for the economic losses. "?

(3) Interim Provisions on Wage Payment?

Article 16 If an employee causes economic losses to the employing unit due to his own reasons, the employing unit may demand compensation for the economic losses according to the stipulations of the labor contract. Compensation for economic losses can be deducted from the employee's own salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the deducted surplus wage is lower than the local monthly minimum wage, it shall be paid according to the minimum wage. ?

(4) Labor Contract Law?

Article 29 The employing unit and the laborer shall fully perform their respective obligations in accordance with the stipulations of the labor contract. ?

Article 90 If a laborer terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract, thus causing losses to the employing unit, he shall be liable for compensation. ?

(5) General Principles of the Civil Law?

Article 106 A citizen or legal person who violates a contract or fails to perform other obligations shall bear civil liability. ?

Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. ?

If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability. ?

Second, the conditions of achievement?

As can be seen from the provisions of the above laws and regulations, it is legal and legitimate to demand compensation from illegal workers if they violate the rules and regulations, technical operation rules and safety rules of the employer and cause economic losses to the employer. But in practice, we should pay attention to the following situations:

(a) whether the employer has formulated rules and regulations, technical operation procedures and safety regulations? ?

(2) Are there any clauses or agreements in the rules and regulations of the employing unit or the labor contract that require workers to compensate for the losses caused by illegal operations? ?

(three) whether the rules and regulations formulated by the employer have been formulated through democratic procedures and made public to the workers? ?

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