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Right. Because no matter where you come from outside or where you come from, you actually go to someone's factory, in someone's factory, on someone's territory, to put it bluntly, it's called following the local customs, you have to abide by other people's rules, how can you not abide by other people's rules? So it's normal for people to follow their own rules.
Have you ever thought that if you go to a natural gas company, and then the top is also explicitly not allowed to smoke, and you smoke there do you know what the consequences will be? The consequences are very, very serious. It is possible to fine you and detain you.
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If you want to come in, you are not allowed to smoke, such as smoking will be fined, or directly pulled into the blacklist, not allowed to come in the future, the factory should have a designated smoking area, let them go to the smoking area to smoke.
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According to your description, if outsiders occasionally come to the factory enterprise to smoke, does the factory enterprise have the right to fine? As a bystander, some rules and regulations are not intended to be fined, but to stop, and besides, people are outsiders and don't know the rules and regulations of your factories and enterprises, you can stop them from smoking, and I don't think the fines may be enforced, as long as you stop their behavior, the goal will be achieved, right? Think for yourself.
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Outsiders working in your factory should abide by the rules and regulations of the factory. Although the unit does not have the right to fine, it should stop his actions.
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According to the rules and regulations of the factory enterprise, it can have the right to impose a fine, but it must be notified first.
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Internal rules apply only within the enterprise.
You can't restrain outsiders.
Try it if you don't believe it, who will listen to you?
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Legal Analysis: Smoking in a factory toilet and being fined by the employer is a violation of the Labor Socks Law. The employer does not have the right to impose fines and penalties, but it can impose other penalties for its violations of the anti-factory regulations.
Corporate fines are not legal because companies are businesses and do not have the right to fine. If you cause losses to the company, the company can claim compensation within the scope of the loss. The amount of compensation is limited to the amount of compensation you have caused to the company and cannot exceed this amount.
If it is deducted from the salary, the amount deducted in the current month generally cannot exceed 20% of the salary, and the deduction that cannot be deducted in the current month will be allocated to the following months.
Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the legitimate rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or arrears of the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
Guess what's next. Interim Provisions on Payment of Wages".
Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the wages of the employee: (1) the individual income tax withheld and paid by the employer; (2) All social insurance premiums withheld and paid by the employer that should be borne by the worker; (3) The maintenance or alimony required to be withheld in court judgments or rulings; (4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
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 salary for that month.
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.
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1. How to punish the fine for smoking in the factory.
1. If the behavior of a worker smoking in the factory is in violation of the relevant rules and regulations of the factory, the factory may punish the worker in accordance with the rules and regulations, but the factory cannot impose a fine on the worker for this.
2. Legal basis: Article 91 of the Law of the People's Republic of China on the Movement of Labor and Empty Rules.
If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on workers' wages without reason;
(2) Refusal to pay wages and remuneration for extended working hours;
(3) Paying wages to workers lower than the local minimum wage standard;
(4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
2. How to punish smoking on high-speed rail.
1. If you are not allowed to buy a ticket for smoking on the high-speed rail within 180 days, which constitutes a violation of public security administration, the public security organ shall give a warning or a fine of less than 200 yuan in accordance with the law;
2. where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB;
3. Where a crime is constituted, criminal responsibility shall be pursued in accordance with law.
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Summary. The state stipulates a fine of 500 yuan for smoking in the factory, which is illegal, and the fine is one of the administrative measures, and the company does not belong to the administrative agency, so it cannot fine the employee. The employer may require the employee to bear part or all of the losses only if the employee causes direct economic losses to the employer due to gross negligence or subjective intention.
The amount of wages deducted each month shall not exceed 20% of the worker's own salary, and shall not be lower than the local minimum wage. Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on the wages of workers without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
Is there a fine of 500 yuan for smoking in a factory?
The state stipulates a fine of 500 yuan for smoking in the factory, which is illegal, and the fine is one of the means of administrative loss, and the company does not belong to the administrative agency, so it cannot fine employees. The employer may require the employee to bear part or all of the losses only if the employee causes direct economic losses to the employer due to serious negligence or subjective intention. The amount of wages deducted each month shall not exceed 20% of the worker's own salary, and shall not be lower than the local minimum wage.
Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the legitimate rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or arrears of the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
Hope mine is helpful to you. Thank you.
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Legal Analysis: Legal.
Smoking is prohibited in public places, and the Employment Contract Law stipulates that employers and employees shall fully perform their respective obligations in accordance with the provisions of the employment contract.
Legal basis: "Regulations on the Control of Smoking in Public Places".
Article 37: Where an individual violates the provisions of these Regulations by smoking in a place (area) where smoking is prohibited, the administrative law enforcement personnel of the corresponding competent department shall order him to make corrections immediately, and may impose a fine of not less than 50 yuan but not more than 500 yuan.
Article 38 Where a unit or institution violates the provisions of these Regulations by failing to implement a comprehensive ban on smoking or failing to set up smoking points in accordance with the regulations, the corresponding competent department shall order it to make corrections within a specified period of time and may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; and where corrections are refused, a fine of between 10,000 and 30,000 RMB is to be given.
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