The company is not an administrative law enforcement agency and has no authority to impose fines. The so-called fine is actually the deduction of wages. If the company has clear rules and regulations and employees violate the company's rules and regulations, the employer should have the right to punish this behavior in the rules and regulations or the enterprise reward and punishment system.
It is illegal for a company to fine its employees.
The reason for this is the following：
1, the employer does not have the right to fine the workers.
Fines, in a sense, are depriving citizens of their property rights. Therefore, fines belong to the category of property punishment.
According to the relevant provisions of the Legislative Law and the Administrative Punishment Law, the punishment of property can only be set by laws, regulations and rules, but at present, the law does not give enterprises the right to fine.
There is no legal basis for employers to impose fines on workers.
1The Regulations on Rewards and Punishment of Employees in Enterprises (Guo Fa [1982] No.59) promulgated by the State Council in April, 1982 stipulated the applicable circumstances of administrative sanctions and economic penalties imposed by enterprises on employees, but the State Council Decree No.565448 was promulgated on October/October/5, 2008.
Handling of employees violating company rules and regulations:
Although the labor contract law and other relevant laws do not allow employers to impose fines on workers, it is not without remedies for employers to safeguard their legitimate rights and interests.
Within the current legal framework, the employer has the right to conduct daily assessment and management of workers in a legal way, including detailed salary standards, attendance methods, demerits and warnings. Even in the case of serious damage to the interests of the employer, the employer can unilaterally terminate the labor contract and demand compensation from the workers.
According to the law, if the laborer causes economic losses to the employer due to his own reasons, the employer may require him to compensate the economic losses according to 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.
Legal consequences of fines imposed on employees:
1, refund the fine.
Since the employer can't impose a fine on employees, if a fine is imposed, it should be returned to the employees.
2. Pay economic compensation.
If a fine is imposed, it is usually deducted directly from the employee's salary. If it is found that the fine is illegal, it will be considered as insufficient payment of labor remuneration. Article 38 of the Labor Contract Law stipulates that if the employer fails to pay the labor remuneration in full and on time, the laborer has the right to terminate the labor contract and demand economic compensation according to Article 46.
If it is stipulated in the rules and regulations that workers can be fined, and the rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers, the workers can propose to terminate the labor contract in accordance with Article 38 of the Labor Contract Law and demand to pay economic compensation in accordance with Article 46.
Several forms of "fines" imposed by employers on employees;
Many employers stipulate in their rules and regulations that employees can be fined. The most common ones are "fines" for being late, leaving early and being absent from work, "fines" for losses caused by work mistakes, "fines" for violating training service period and "fines" for violating non-competition restrictions. In addition, when there are violations of discipline and discipline, a fine will be given while warning, recording and cancellation are given.
Then, in terms of penalties involving money, are they all fines?
Not exactly. We analyze the common "fines" as follows:
1, late, leave early, absenteeism
For being late, leaving early and being absent from work, the employer will punish the workers and impose a fine.
For example, if an employee has a fixed monthly salary of 5,000 yuan, it is stipulated that 500 yuan will be punished for one day of absenteeism, of which 229 yuan (5,000 ÷ 21.75) will be deducted and 27 1 yuan will be fined.
The premise for the employer to pay the laborer labor remuneration is that the laborer provided labor, and the laborer did not provide labor during the period of being late, leaving early and being absent from work. If they don't provide labor, they don't calculate labor remuneration, and deduction is not a punishment, but wages are calculated according to attendance time. However, if the deduction exceeds the accrued salary for not providing working hours, it shall be characterized as a fine.
Step 2 cause losses
Article 16 of the Interim Provisions on Wage Payment stipulates that if the employer suffers economic losses due to the laborer's own reasons, the employer may demand compensation for economic losses in accordance with the labor contract.
According to Item (4) of Paragraph 2 of Article 12 of the Regulations on Wage Payment in Jiangsu Province, if the laborer provides normal labor but causes economic losses to the employer, and the employer needs to deduct compensation from the salary according to the labor contract and the rules and regulations formulated according to law, the salary paid by the employer to the laborer shall not be lower than the local minimum wage standard.
As can be seen from the above provisions, if losses are caused to the employer due to the laborer, the compensation can be deducted from the salary. This is not a punishment for workers, but a compensation for losses.
For another example, Article 86 of the Labor Contract Law stipulates that if the labor contract is invalid due to the fault of the employee and the employer is damaged, the employee shall be liable for compensation.
Article 90 stipulates that if a laborer terminates a labor contract in violation of the law and causes losses to the employer, he shall be liable for compensation.
This is all compensation for losses, not a fine.
3. liquidated damages
Paragraph 2 of Article 26 of the Labor Contract Law stipulates that if a worker violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Paragraph 2 of Article 23 stipulates that if a laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Although the above provisions also involve paying money to the employer, it is not the punishment of the employer to the employee, but the liquidated damages paid by the employee to the employer for breach of contract.
legal ground
Article 16 of the Interim Provisions on Wage Payment stipulates that if the employer suffers economic losses due to the laborer's own reasons, the employer may demand compensation for the economic losses according to 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.