What Will Employees Do If They Break The Rules And Regulations?

In November 2015, a staff member of a company in Ji'nan was preparing for job hopping, and he did not work as hard as he had done before.

Therefore, according to the rules and regulations formulated by the company, the company align a penalty decision of 500 yuan.

By the end of the year, Qi submitted an application for resignation, and demanded that the company return a fine of 500 yuan.

The head of the company indignantly rejected Qi's request for refund of the fine. Qi made an application to the local labor and personnel dispute arbitration committee, demanding that the company return a fine of 500 yuan.

According to the trial of the Arbitration Commission, there are often penalties for reward and punishment system and attendance system in many employers.

In 1982, the State Council promulgated the eleventh and twelfth regulations on rewards and punishments for enterprise employees, which gave the enterprises the right to punish their employees.

This is our country.

The direct legal source of the fine for employees in a relationship.

However,

"In January 15, 2008, the order No. 516 of the State Council was abolished, and the employer's penalty for employees has no legal basis.

No penalty can be imposed on late employees, but they can not be distributed to the full time award. Other measures such as points deduction, demerit, warning and so on will often achieve better management results.

For the serious violation of discipline, the employer can rescind the labor contract.

It is illegal for a company to impose a fine, and the fine should be returned to Qi immediately.

Final,

Support the claim that a company is required to refund a fine of 500 yuan.

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On the eve of graduation, Yao signed a trial contract in a company. Unexpectedly, Yao was hit by a car on the way to work. Does Yao have any labor relations with his company? Is Yao's condition a work-related injury? Recently, the Xinjiang Changji people's Court concluded the case and decided that Yao had a labor relationship with a company.

Yao, who is 24 years old, is a project cost accounting clerk of a company. In June 2015, Yao signed a labor contract with a company during the probation period.

In the contract, the two parties agreed that Yao was working on the project cost accounting staff in accordance with the arrangement of a company, and the probation period was 3 months, and the formal labor contract was signed after the probation period.

In July 7, 2015, when Yao went to work near the unit gate, he had a traffic accident. Yao wanted to apply for a work injury identification to the labor department.

However, a company does not recognize the labor relationship with Yao, so Yao has to file a lawsuit against the court, demanding to confirm that there is a labor relationship between himself and a company.

"Although I haven't formally graduated yet, I sent a letter of recommendation to the company in March 2015, which clearly expressed the wish to join the company."

Yao said, later, the company informed him to come to the interview. After the interview, the company signed a probationary labor contract with him and signed a labor contract through a 3 month probation period.

The company arranges his post according to the situation of ordinary recruits and stipulate salary remuneration.

Therefore, there is labor relationship with the unit.

A company believes that the contract signed by the company and Yao is not a labor contract but a probationary probation contract. At the same time, Yao's identity is a college student who has been studying at school. He has not yet finished his graduation.

According to the twelfth provision of the Ministry of labor on the implementation of the "labor law of the People's Republic of China", it is stipulated that "students who work part-time in their spare time do not regard employment as a job and have not established labor relations, but they can not sign labor contracts."

Therefore, Yao does not have the qualification of laborers, and the two sides have not established labor relations.

The court held that Yao and a company signed a probationary period of employment contract has reached the age of 23 years old, has a complete civil capacity and labor capacity of natural persons, also has the legal workers of the main qualification, according to a company, according to the original labor department "on implementation of the implementation of the" People's Republic of China labor law "opinions on a number of issues, the twelfth provision:" students use spare time work study, do not consider employment, no labor relationship, can not sign a labor contract. "

The court held that the provision should refer to the situation where students are not employed for the purpose of making use of their spare time in their studies to subsidize tuition and living expenses.

In this case, Yao Mou expressly expressed his employment desire to join a company in the letter of recommendation to the defendant unit, and the two sides signed a probationary employment contract, and Yao had to obey the attendance system of the defendant unit. This form was not part of the part-time work study, but argued for a company to practice the relationship between the two sides. The court held that the internship was for the purpose of learning, to participate in social practice, such as organs, enterprises and institutions. There was no wage, there was no employment contract signed between the intern and the unit, the position, remuneration and the rights and obligations of both sides were clearly identified, and Yao's case obviously did not belong to the internship.

In the light of the corresponding evidence submitted by both parties and the facts found in the trial, the court decided that there was a labor relationship between Yao and a company, and its rights and obligations were protected by the labor contract law, and injured during the probation period.