Can Employers Make Financial Penalties For Illegal Mobile Phone Employees?

In 1982, the State Council promulgated the twelfth regulation on rewards and punishments for enterprise employees: "the administrative sanctions against employees are divided into: warning, record, record, demotion, dismissal, detention, probation and expulsion.

The above administrative sanction may be given a lump sum penalty. "

The sixteenth rule: "the amount of the employee's fines is determined by the enterprise. Generally, it should not exceed twenty percent of the standard wage of the month."

The Ordinance applies to all employees of enterprises owned by the whole people and enterprises of collective ownership by cities and towns.

It can be seen that the laws and regulations at that time granted the enterprises the right to make a fine, but not all enterprises have the right to impose a fine. Only the enterprises owned by the whole people and the enterprises of collective ownership of cities have the right to impose penalties.

Companies, enterprises with foreign investment, private enterprises and enterprises with multiple investment entities are not applicable to the regulations on rewards and penalties for employees of enterprises, nor do they have the right to impose fines on employees.

Even the enterprises owned by the whole people and collectively owned enterprises in cities and towns have been adjusted by the labor law since the implementation of the labor law in 1995. However, the labor law does not empower enterprises to impose fines on their employees.

In January 15, 2008, the State Council promulgated the decision on Abolishing Some Administrative Regulations (No. 516th of the State Council), clearly stipulates that the regulations on rewards and penalties for employees of enterprises have been replaced by the labor law and the labor contract law.

The regulations on rewards and penalties for employees in enterprises, including the penalties for employees, are therefore abolished.

However, the newly promulgated laws and regulations, such as the labor contract law, do not stipulate whether the enterprise has the right to impose a fine on employees.

However, in some parts of the local laws and regulations, enterprises can still find the basis for fines.

For example, according to the twelfth article of the regulations on the payment of wages in Jiangsu, when a laborer violating discipline, he may deduct part of his salary as a punishment even if he does not cause economic losses. The deduction shall not exceed the amount of the worker's monthly salary.

Twenty percent; according to

The thirty-fourth regulations of the city's wage payment regulations, the seventeenth regulations on the payment of wages in Hebei, and the twenty-fourth provision of the regulations on the payment of wages of enterprises in Shaanxi stipulate that if the laborers violate discipline, even if they do not cause economic losses, they may deduct part of their wages as punishment, and the remaining part after deduction shall not be lower than the local minimum wage standard.

Judging from the trial practice of the Shanghai court, the unit punishment

In case of dispute, unit punishment involves economic penalty and other contents, but it is specific and phased. It does not involve the lifting or alteration of the labor contract. The unit has the right to manage the laborers, usually not as a labor dispute case. If the disposition made by the employer involves the alteration or termination of the labor contract, or the economic penalty affects the basic livelihood of the worker, it can be used as a labor dispute case.

In fact, to some extent, it acquiesce in the economic punishment right of employing units to violating discipline. To a certain extent, although the judicial administrative organs do not interfere with the internal production and management behavior of enterprises, in general, in view of the fact that some units often deduct the wages of the labourers in the name of a fine, the economic penalty affects the workers' basic life. Therefore, when trying such cases, the court will not only examine the legality of such economic penalties, but also examine its appropriateness and rationality.

First of all, enterprises can not "punish for punishment", but must have collective contracts, labor contracts or the rules and regulations of the employing units as the basis. Only according to the democratic procedure, the stipulation of fines issued by public notice or workers can be legally valid.

Secondly, enterprises should not "punish when they want to be punished", but should follow the principle of "small and reasonable, with rewards and punishments".

It is suggested that when the employer fines a penalty, it should also be aware that the total amount of the penalty shall not exceed 20% of the employee's income.

In addition, it should be fair and reasonable to have a reward and punishment in the rules and regulations and to make clear the reasonable use of the fine.