How To Deal With Wechat Fines Illegally?

In July 29, 2015, according to a source familiar with the matter, Qihoo 360 sent an internal email to all the employees, saying that many businesses are in a sensitive period of business. The protection of their important business information is crucial. In order to prevent important business information from revealing, employees are forbidden to discuss work through WeChat. In the mail, Qihoo 360 requires all WeChat working groups to be disbanded within 48 hours. The internal group communication can only use WhatsApp or blue letter. Employees can not discuss anything related to the work through WeChat, and they can not discuss sensitive business through WeChat when they communicate with each other. In addition, Qihoo 360 has also made punishment measures. Anyone who violates the rules will be fined more than 2000 yuan or less than 5000 yuan, and the principal leaders of the responsible person will be fined 5000 yuan, and will be criticized inside the company.

Promulgated by the State Council in 1982. Regulations on the Reward and Penalty for Enterprise "Article twelfth provides that administrative sanctions against employees can be divided into: warning, recording, marking, demotion, dismissal, leaving observation, and expulsion. The above administrative sanction may be given a lump sum penalty. The sixteenth rule is right. Workers' fines The amount 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.

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 "labor law" and " Labor Contract Law Instead. 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.

Is it appropriate for enterprises to impose fines on employees? Although generally speaking, the Judiciary Administration will not interfere in the production and management of enterprises. However, in view of the fact that some units often deduct the wages of workers in the name of fines, economic penalties will affect the basic life of labourers. Therefore, when courts hear such cases, they will not only examine the legality of such economic penalties, but also examine their appropriateness and rationality.

Therefore, first of all, enterprises can not "punish for punishment", but must use the provisions of the rules and regulations of the units as the basis, only by making democratic procedures and making the public notice or telling the workers the fine regulations is legal and effective. Secondly, enterprises should not "punish when they want to be punished", but should follow the principle of "small and reasonable, with rewards and punishments". Even if the employee can be fined, the total amount of the penalty can not exceed 20% of the employee's income, and the wages of the employees should not be lower than the local minimum wage standards after the fines. Therefore, Qihoo 360 companies frequently impose a fine of $2000 to $5000 for employees, which is questionable. In addition, it should be fair and reasonable to have the award and punishment in the rules and regulations, and to make clear the reasonable use of the fine.