The labor law stipulates that no deduction can be made except for the economic losses caused by employees to the employer.
Penalties for property can only be set by laws, regulations and rules. As a profit-making economic organization, the company certainly has no right to set a fine clause in the rules and regulations. Therefore, the unit cannot impose fines on employees.
Because the law should give consideration to safeguarding the legitimate rights and interests of workers and improving the management efficiency of the company, the employer has the right to formulate a corresponding attendance system in the rules and regulations, and deduct a certain attendance award for workers' intentional lateness and other violations of labor discipline.
Article 16 of the Labor Law of People's Republic of China (PRC) is an agreement between laborers and employers to establish labor relations and clarify the rights and obligations of both parties.
To establish labor relations, a labor contract shall be concluded.
Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations.
After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Article 18 The following labor contracts are invalid:
(1) Labor contracts that violate laws and administrative regulations;
(2) Labor contracts concluded by fraud or threat.
An invalid labor contract is not legally binding from the time it is concluded. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part.
The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.
Article 19 A labor contract shall be concluded in written form and contain the following clauses:
(a) the term of the labor contract;
(2) Work content;
(3) Labor protection and working conditions;
(4) Labor remuneration;
(5) labor discipline;
(6) Conditions for the termination of the labor contract;
(seven) the responsibility for violating the labor contract.
In addition to the necessary provisions stipulated in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation.
Twenty-fifth workers in any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of labor discipline or the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;
(4) Being investigated for criminal responsibility according to law.