上記したとおり、ミスをした従業員の同意があれば、損害賠償の給与天引きは可能とはいえます。

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当該契約が同条に違反するか否かを判断するにあたつては、当該契約の内容及びその実情、使用者の意図、右契約が労働者の心理に及ぼす影響、基本となる労働契約の内容及びこれとの関連性などの観点から総合的に検討する必要がある。

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では、ミスを繰り返すような問題社員に対して損害賠償を請求できる基準とはあるのでしょうか。

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