Is there a provision for the amount of fines in the labor law?

Updated on society 2024-02-28
2 answers
  1. Anonymous users2024-02-06

    1. Does the labor law allow fines?

    1. Labor law generally does not allow fines. The employer does not have the right to impose fines on 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.

    2. Legal basis: Article 16 of the Interim Provisions on Payment of Wages.

    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 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.

    Article 15. The employer shall not deduct the employee's wages. In any of the following circumstances, the employer may withhold the employee's wages:

    1) Individual income tax withheld and paid by the employer; Talk.

    2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

    3) Child support 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.

    2. What are the ways to report the company's illegal behavior?

    1. Complain and report to the labor and social security administrative department;

    2. Apply for mediation to the mediation organization;

    3. Apply to the labor dispute arbitration commission with jurisdiction for arbitration in accordance with the law;

    4. Filing a labor lawsuit with the people's court in accordance with the law.

  2. Anonymous users2024-02-05

    1. What are the standards for fines and penalties under the Labor Law?

    1. The fines under the Labor Law are as follows:

    1) If an employer violates the regulations by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order it to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person;

    2) If the employee dissolves or terminates the labor contract in accordance with the law, and the employer seizes the files or other items, it shall be punished in accordance with the regulations;

    3) If a unit engages in labor dispatch business without authorization, the labor administrative department shall order it to stop the illegal act, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income, and if there is no illegal income, it may impose a fine of not more than 50,000 yuan.

    2. Legal basis: Article 84 of the Labor Contract Law of the People's Republic of China.

    Legal Responsibility for Withholding Workers' Identity Documents and Other Documents] If an employer violates the provisions of this Law by seizing a worker's resident identity card and other documents, the labor administrative department shall order the worker to return it within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

    If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

    Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

    2. What are the types of labor administrative penalties?

    1. Warning and circulating criticism. Warning and circulating criticism is a kind of labor administrative punishment issued by the state labor administrative supervision organ to condemn and warn the labor relations entity that violates labor laws, regulations and national labor policies and fails to perform its statutory obligations;

    2. Fines. Fines are a kind of labor administrative punishment imposed by the labor administrative supervision organs on the labor relations entities that violate labor laws, regulations and national labor policies and fail to perform their statutory labor obligations, and deprive them of a certain amount of money.

    3. Revoke the labor administrative license. Revocation of a labor administrative license refers to a labor administrative punishment imposed by a labor administrative organ or other organ on a labor relationship entity that violates labor laws, regulations, and national labor policies, and deprives it of the license to engage in certain work or occupation rights that it has obtained in accordance with the law;

    4. Order the suspension of production and business. An order to suspend production and business is a labor administrative punishment ordered by the labor administrative supervision organ to stop production or business of a labor relationship entity that seriously violates labor safety and health laws, regulations and relevant national production safety policies;

    5. Late fees will be levied. The imposition of late payment fines is a kind of labor administrative punishment imposed by the labor administrative supervision organ on a monthly basis on the amount of social insurance arrears imposed by the labor administrative supervision organ on a unit that fails to pay the labor social insurance premium within the prescribed time limit.

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