Units have no right to impose fines on employees, because fines are an economic penalty, which involves depriving citizens of property rights, what actions should be fined and who should be fined. These can only be prescribed by law. In other words, a fine is a legal punishment. In this case, it can only be aimed at illegal acts, but not at violations of discipline and discipline. ?
Whether employees violate the rules and regulations of enterprises, students violate school discipline, or civil servants have breakfast at work, it is not illegal. Although there is a fault, we can only take punishment measures such as criticism, review, punishment and disqualification. The unit has no right to impose fines on them. ?
In fact, many laws and regulations have clear provisions on this. For example, the Regulations on Labor Security Supervision of Guangdong Province stipulates that "if the rules and regulations of the employing unit stipulate the content of fines, the administrative department of human resources and social security shall order it to make corrections and give a warning." Of course, it should be noted that according to the performance appraisal system, the unit can deduct bonuses from employees who have not completed their work tasks or whose work quality is not up to standard, which is not a fine. ?
Fines can only be imposed on illegal acts and can only be made by relevant law enforcement departments. If the employee only violates the discipline and does not violate the law, the fine measures are not applicable; If an employee violates the law, the relevant law enforcement departments will punish him, and the employee's unit has no right to "do it for him". ?
Article 51 of the Regulations on Supervision of Labor Security in Guangdong Province stipulates the contents of fines in the rules and regulations of the employing unit, or its provisions on wage deduction have no legal or regulatory basis, the administrative department of human resources and social security shall order it to make corrections and give a warning. ?
If the employer imposes a fine on the employee or there is no legal and regulatory basis to deduct the employee's salary, the administrative department of human resources and social security shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine shall be imposed according to the standard of more than 2,000 yuan and less than 5,000 yuan per person who has been fined or whose wages have been deducted.
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The employee was fined 2000 yuan for drinking a bowl of porridge. The lawyer said that the employer has no right to fine?
Miss Li said that from the beginning of the ninth day, my father-in-law was introduced by Mr. Kang, a fellow villager, and worked as a dishwasher in the kitchen of Fat Aunt in Haizhu District. 10 In August, my father-in-law resigned and returned to his hometown. She and her family learned that my father-in-law was accused of "stealing" a bowl of porridge in the restaurant in May and was fined 2000 yuan. "A bowl of porridge is worth 2000 yuan? Too bullying! " ?
Miss Li said that her father-in-law also told them that porridge was allowed by the foreman at that time, not "stolen". Miss Li said that the fine was not signed by the father-in-law, but by the foreman. "He didn't know how to deduct so much money until he resigned. Later, because the middleman Mr. Kang was more sympathetic to his father-in-law, he helped out 1000 yuan, and finally his father-in-law lost 1000 yuan. " ?
The reporter contacted Miss Li's father-in-law by telephone, and his statement was basically consistent with what Miss Li said. He also said that the porridge he drank at that time was left over from the pot. "It was the foreman who said I could drink." ?
The reporter then contacted Mr. Kang, the "middleman". He said it was nobody's fault that Rip was fined. "He did steal to eat a few times. The restaurant had warned him three transgressions of five times before, and he did it anyway. It happened in May, and he had no problem with it himself. His children became like this after they knew it. " ?
As for whether the foreman invited Li Bo to have porridge, Mr. Kang said, "No one can tell." "The foreman doesn't work there now. I also asked him, and he said not to let others drink porridge. " ?
Restaurant: Three people have been fined this year?
Manager Liang produced a contract agreement signed with Mr. Kang, saying that although Li Bo worked in the restaurant logistics department, the logistics department had been contracted to Mr. Kang, so Mr. Kang managed Li Bo. This Contract Agreement, signed on June 25th last year 10, states that the staff of Party B (Mr. Kang) shall abide by the rules and regulations of Party A (Fat Aunt Kitchen). If there is any violation, Fat Aunt Kitchen has the right to punish the staff of Party B according to its reward and punishment regulations. ?
"Our rules are very clear. Whoever steals vegetables will be fined 2000 yuan. " Manager Liang produced two employee reward and punishment notices, one of which was issued in April this year. "This is our restaurant's own two employees steal to eat, that is, each person is fined 2000 yuan and fired immediately. This year, these three people were caught stealing food. " ?
Manager Liang said, "It is very common to steal food in restaurants. In the past, it was difficult to stop punishment. " Later, the fine was raised and the phenomenon of stealing vegetables was reduced. ?
Lawyer's statement?
The company has the right to be fired without being fined?
Drinking a bowl of porridge was fined 2000 yuan, right? The reporter consulted Lu Yuxing, a lawyer of Guangdong Shenglun Law Firm. ?
Lawyer Lu Yuxing said that this practice of the employer has violated the law. According to the current law, all the rules and regulations of the employer cannot impose fines on employees. According to the Regulations on Wage Payment, the employer has no right to impose fines and cannot deduct employees' wages. "?
Only if the laborer causes losses to the employer due to his negligence in work, the employer has the right to claim compensation from the laborer according to the value of the loss. In other words, how much is a bowl of porridge worth and how much is the compensation. If the company's rules and regulations stipulate that stealing food will lead to dismissal, then the company has the right to dismiss, but it cannot be fined. ?
Cctv. Company employees were fined 2000 yuan for drinking porridge. The lawyer said that the employer had no right to fine.
Baidu Encyclopedia-Guangdong Province Labor Security Supervision Regulations