On computer law

Intentional damage requires full compensation. If damage is caused by improper use of the work, 20% of the present value shall be compensated. The amount of compensation deducted shall not exceed 20% of the salary every month. Then there is the calculation of compensation. Computers are purchased at a price, and the fixed assets purchased by the company have a fixed depreciation. The sum of the two is the current value of this computer, and then it is converted according to the degree of fault.

Legal analysis

Public property is damaged and should be repaired in time. If it is normal damage, it will be exempted from compensation after being audited by the office, and the damage caused by improper management or operation will be compensated at the original price; Deliberately damage or fail to report the damage, double indemnity, and be given administrative sanctions according to the company's rules and regulations. Implement the system of "who uses, who manages" and "who damages". Compensation for damage is calculated as 200%, 100%, 80% and 50% of the repair cost, depending on the seriousness and attitude. In the calculation of compensation, computers have a price, and fixed assets purchased by companies have a fixed depreciation. The sum of the two is the current value of the computer, and then the corresponding conversion is carried out according to the degree of fault. If damage is caused by improper use, compensation will be made according to the residual value of the computer, and the personnel department will make relevant treatment decisions. Losses usually occur after employees leave their jobs, and there is no labor relationship between the two parties. The employer may, according to the agreement between the two parties and the actual loss, require the laborer to bear the liability for damages. At this time, the employer shall investigate the liability of workers for damages mainly according to the civil law, with the actual loss as the main reference standard. Generally, the following expenses should be compensated: (1) the expenses paid by the employer for recruitment and employment; (2) The training fee paid by the employer shall be handled as agreed by both parties; (3) Direct economic losses caused to production, operation and work; (4) Other compensation expenses agreed in the labor contract.

legal ground

"Interim Provisions on Payment of Wages" Article 16 If a laborer causes economic losses to the employing unit due to his own reasons, the employing unit may require him to compensate 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.