If you are late, you will be fined 1,000 yuan. Who gives the confidence?
Chai Chunyuan
A few days ago, a company in Hefei made a hot search for a fine of 1,000 yuan for employees who were late.
Mr. Cheng, whose salary was deducted, said that there were more than 60 employees who worked in this company without receiving wages. At present, everyone has submitted information to the relevant departments and is waiting for the follow-up results (according to the upstream news on January 9).
For this news, everyone's focus is mainly on whether the company has "deducted too much": Mr. Cheng was deducted 3,000 yuan from his salary for being late for three times, and only received 2,017 yuan that month.
Furthermore, can the company impose fines on late employees?
How should this disciplinary power be exercised?
Related issues were also raised.
Some netizens pointed out that the "Regulations on Rewarding Enterprise Employees" issued by the State Council in 1982 have been abolished, so employers have no right to punish employees.
This statement may confuse the relationship between the power of administrative punishment and the power of enterprise management.
In theory, employers should establish and improve labor rules and regulations in accordance with the law, which is a clear requirement of my country's labor contract law, and necessary and reasonable rewards and punishments are also the meaning of system construction.
From a practical point of view, if a unit lacks the necessary reward and punishment system, not to mention the unit's work goals are difficult to achieve, and even the minimum work order may not be maintained.
Therefore, the formulation and implementation of management rules by employers is a kind of internal management power, and how this power should be exercised in accordance with the law and reasonably is the key to the problem.
Where is the legal boundary for employers to discipline employees?
According to my country's "Interim Regulations on Wage Payment", if economic losses are caused to the employer due to the employee's own reasons, the employer may demand compensation for the economic loss according to the labor contract, which may be deducted from the employee's own salary, but deducted monthly. shall not exceed 20% of the employee's monthly salary.
According to Mr. Cheng's experience, it is not difficult to find that the company's internal regulations greatly exceed its deduction authority, which is too "out of the circle"; more "out of the circle" is still to come: after being exposed, the company's executive vice president Refusing to be interviewed also told reporters to "get out"!
The internal system not only violates laws and regulations, but also can be so "arrogant", who is the confidence?
This is the question that really needs reflection.
In addition to guaranteeing wages, Article 4 of my country's Labor Contract Law also stipulates that when an employer formulates, revises or decides on labor remuneration, working hours, rest and vacations, and other rules and regulations or major matters that directly affect the vital interests of workers The meeting or all employees shall discuss, put forward plans and opinions, and negotiate on an equal footing with trade unions or representatives of employees.
Obviously, the above regulations may not be able to play the proper regulatory role for this enterprise.
Employers are of course not outside the law, but for workers, because they are where their "rice bowls" are, there are often many concerns and difficulties in safeguarding their rights.
At the same time, due to the revision of labor law, company law and other relevant laws and regulations, the "Notice on the Implementation of the Labor Rules and Regulations Filing System for Newly Established Employers" issued by the Ministry of Labor in 1997 was repealed in 2016.
Since the internal rules and regulations no longer need to be filed with the labor administrative department, it also puts forward higher requirements for daily supervision: the internal management system of the employer should not only take the initiative to conduct random inspections, but also pay full attention to the clues of labor rights protection, and regulate the employment through case-by-case handling. Internal management of the unit.
Therefore, this time, Mr. Cheng and more than 60 colleagues are willing to stand up to defend their rights in accordance with the law. For the labor supervision department, this valuable clue must not be easily let go.
It is hoped that the relevant departments will not only deal with cases according to the law, but also conduct in-depth investigation and management of such problems from point to point, and effectively "suppress" the confidence of some employers to impose arbitrary fines and arbitrary management.