In some companies, there may be cases where fines are imposed on employees. However, according to the provisions of the labor law, the company may impose fines on employees that may involve illegal acts. This article will discuss the issue of whether a company violates labor laws by fining an employee.
Netizen consultation:
Does the company violate labor laws by fining employees?
Lawyer answers:
1. Is it legal for companies to fine employees?
1. Whether the fine is legal or not needs to be specifically analyzed
1) Whether the company has relevant rules and regulations;
2) Whether the rules and regulations are legal. If the company does not have relevant rules and regulations, there is no basis for imposing penalties and it is illegal.
2. The company is not an administrative law enforcement agency and has no authority to impose fines. The so-called fine is actually a deduction of wages, and if the company has a clear system and norms, and the employee violates the company's system, the employer should have the right to impose certain penalties on such behavior in the rules and regulations or the company's reward and punishment system.
3. According to the provisions of the Administrative Punishment Law of the People's Republic of China, the employer under the labor law is not an administrative law enforcement agency and has no right to fine the illegal acts of employees. Therefore, in practice, it is a violation of the law for the company to impose fines and penalties on employees who violate the regulations.
4. According to Article 8 of the Administrative Punishment Law, fines are one of the types of administrative penalties and can only be exercised by the administrative organs exercising the administrative power of the State or by the institutions authorized by law to exercise the administrative powers.
2. Can an employee be fined for causing losses to the unit The unit cannot be fined if an employee causes losses to the unit, but part of the salary can be appropriately deducted. If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. It can be determined that the fine is an administrative act, and no unit is qualified to require employees to pay fines, if the legitimate rights and interests of the unit are damaged due to the reasons of a particular employee, then the unit can appropriately deduct the employee's salary, and according to the current law, the deduction ratio shall not exceed 20% of the employee's monthly salary. 3. Fines in China's law.
1. The subject of the fine is the administrative subject Not all organizations and individuals have the power to impose fines, and not all administrative subjects have the power to impose fines, only those administrative subjects authorized by laws, regulations or rules have the power to impose fines. In reality, many organizations that do not have the above characteristics are violating the law by exercising the power of fines.
2. The object of the fine can only be the administrative counterpart The power of a specific administrative subject to exercise a fine is not unlimited, and it can only be imposed on the administrative counterpart, and no organization can impose a fine on its members, and the specific administrative subject with the power to impose a fine is no exception.
3. The reason for the fine can only be for the violation of administrative regulations The essence of the fine is an administrative punishment, which determines that the fine can only be for the violation of administrative regulations. For other acts, even if it is an illegal act, a fine cannot be imposed. In our real life, there are many types of fines, most of which are imposed for non-violations of administrative regulations.
[Legal basis].
Interim Provisions of the People's Republic of China on Payment of Wages
Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Administrative Punishment Law
Article 8: Fines are one of the types of administrative punishments, and can only be exercised by administrative organs exercising State administrative power or by bodies authorized by law to exercise administrative power.
Author: Fa Que Consulting.
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