If you are late, you will be fined 1,000 yuan, which is legal ignorance and incompetence in management.
Shu Shengxiang
An employee of a company in Hefei was late three times last November and was fined 3,000 yuan by the company. He had to seek help from the local media.
According to reports, the party who was fined 3,000 yuan for being late has applied for labor arbitration.
Implementing labor management is the legitimate rights and interests of enterprises and employers.
But if it's really justified, why yell at the reporters who came to interview "Get out"?
Or are you used to shouting "Get out" to employees on weekdays?
Or is it simply unaware that business owners are also obliged to obey the law?
A fine of 1,000 yuan for being late seems to be a strange and trivial matter in the workplace. This kind of unknown company is not worthy of getting traffic, but the incident has attracted a lot of attention on the Internet, and it has caused heated discussions in the local circle of friends in Hefei.
The unanimous opinion of netizens is that it would be too unreasonable if companies like this were not pornographic.
The essence of fines is the unilateral deprivation of economic resources by one party to the other.
According to the relevant provisions of the Legislative Law and the Administrative Penalty Law, the penalties for property can only be set by laws, regulations and rules. At present, Chinese laws do not give enterprises the right to fine.
The "Regulations on Rewards and Punishments for Enterprise Employees" promulgated by the State Council on April 10, 1982 once stipulated the applicable circumstances for enterprises to impose administrative sanctions and economic penalties on employees. Annulled.
Therefore, there is no legal basis for the fine of the enterprise, and the basis can only be the internal rules and regulations of the enterprise.
Can the company's internal regulations impose fines on its own?
Countries such as Japan do grant companies the right to fine, but there are strict restrictions, such as no more than 10% of an employee's monthly salary at one time.
According to the view that freedom is not prohibited by law, since Chinese laws do not expressly prohibit companies from imposing fines on employees, companies may be entitled to fines based on management needs.
But even so, according to the "Labor Contract Law", employers should strictly follow legal procedures when formulating, revising and deciding on labor remuneration, labor discipline and other rules and regulations or major matters that directly affect the vital interests of workers.
In judicial practice, whether an enterprise fines can be supported by the court depends on whether the employer has evidence to prove it, formulate rules and regulations on matters such as fines, formulate according to the law through democratic procedures, and publicize or inform according to law.
If the legal procedure is not strictly followed, the fine of the enterprise will of course not be supported by the court; to take a step back, even if the legal procedure is strictly followed, if the amount of the fine is obviously too high compared to the losses caused to the enterprise, it is difficult to be supported by the court. .
Whether a fine of 1,000 yuan for being late is reasonable depends first on whether the fine is based on the company's internal regulations, whether the internal regulations have gone through democratic procedures when they are formulated, whether they have been publicized or informed according to the law, and whether the employee is late compared to the employee's monthly salary. Is it unfair to impose a fine of 1,000 yuan at a time.
All in all, bosses and employees are completely equal before the law, and corporate fines are not what the boss wants to punish.
Willful corporate fines, the law will not recognize.
The strange incidents of strange enterprises may not need to be over-interpreted, but the legal disputes over the right to fine enterprises should attract the attention of legislators.
It is worth emphasizing that corporate rewards and punishments must be carried out in accordance with the law, and fines are by no means a panacea.
Within the scope of the law, enterprises can reward and punish employees for violating the company's rules and regulations through various forms such as floating wages, performance appraisals, warnings, and termination of labor contracts.
The imposition of fines at every turn may be not only the ignorance of legal blindness, but also the incompetence of management.