Hello everyone, I am an employee of a certain express company, is the company s fine for me reasonab

It is illegal for this courier company to pay more than the salary, and it is certainly unreasonable. This is a disguised deduction of wages, you can complain to the Human Resources Bureau or directly apply for arbitration to protect your labor rights and interests in accordance with the law.

Fines fall under the category of property penalties. In accordance with the Legislation Law of the People's Republic of China.

and the Administrative Punishment Law of the People's Republic of China.

penalties for property can only be set by laws, rules and regulations. Companies and enterprises are economic organizations for the purpose of profit, and of course have no right to regulate them.

, set a penalty clause.

Related information

Labor Law, Labor Contract Law.

None of them has made clear provisions on the issue of fines imposed on employees, so enterprises do not have the right to impose fines on employees. However, if the employee seriously violates the laws and regulations, or commits serious dereliction of duty or malpractice that causes significant damage to the employer, the employer can only take measures such as terminating the labor contract, requiring the employee to compensate for the losses and paying liquidated damages as agreed, but cannot take the penalty of a fine.

Company losses can be formulated in the company's "Employee Handbook".

If the employee wants to leave before the loss is paid, it will be deducted at one time, and the employee can finally be dismissed. In addition to fines, enterprises can also be disciplined, warnings, demerits, and final dismissal without paying economic compensation.

Can you tell me the result after you've solved it, and I have the same thing as you.

Summary. The answer to your question is as follows:

Strictly speaking, no.

Fines are public rights, and the exercise of public rights must have a legal basis. According to China's current legal system, only state organs can impose fines on administrative counterparts within their statutory authority, and an administrative penalty decision must be made when imposing fines, and the money also needs to be handed over to the formulating bank, not directly collected by the person who imposed the fine.

As a civil subject, the enterprise is an equal civil subject with its employees, and it certainly has no right to impose fines on employees. In practice, many companies stipulate that employees can be fined, but these practices are illegal. If the employee's behavior causes losses to the company, the company can recover it, but not impose a fine.

Is it legal for courier companies to fine employees.

According to China's current legal system, only state organs can impose fines on administrative counterparts within their statutory authority, and administrative punishment decisions must be made when fines, and the money also needs to be handed over to the formulating bank, not directly collected by the fine. As a civil subject, the enterprise is an equal civil subject with its employees, and it certainly has no right to impose fines on employees. In practice, many companies stipulate that employees can be fined, but these practices are illegal.

If the employee's behavior causes losses to the company, the company can pay compensation, but not a fine.

There was a customer complaint, and then the company fined us couriers.

You can claim compensation for the hidden hall, and the negotiation is not resolved by litigation, in the process of express delivery service, the express mail (mail) is delayed, lost, damaged and the contents do not match, the enterprise operating the express delivery business shall be compensated in accordance with the agreement with the user.

When the person being penalized is dissatisfied with the punishment decision, he may apply for reconsideration or initiate an administrative lawsuit in accordance with law. Administrative reconsideration refers to the administrative law system in which citizens, legal persons or other organizations believe that a specific administrative act of an administrative organ infringes upon their legitimate rights and interests, and in accordance with the law request the administrative organ at the next higher level or other statutory administrative organ to review and make a decision on the specific administrative act, and its legal basis is the "Administrative Reconsideration Law". Administrative litigation is a judicial activity in which a people's court examines the legality of a specific administrative act based on the application of a citizen, legal person or other organization, and its legal basis is the Administrative Litigation Law.

In addition, if the penalized person believes that the punishment has caused harm to him, he can also file a claim for compensation in accordance with the provisions of the "National Loss Sun Family Compensation Law".

1. Is it legal for express companies to fine employees?

1. It is not legal for express companies to fine employees. Because the company does not have the right to fine. However, if the employee suffers losses due to his own reasons, he or she may be required to compensate for economic losses in accordance with the provisions of the labor contract.

Compensation for economic losses may be deducted from the employee's own wages to the extent that the local minimum wage standard is retained.

2. Legal basis: Article 7 of the Administrative Punishment Law of the People's Republic of China.

Citizens, legal persons, or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally giving administrative punishments, they have the right to demand compensation in accordance with law.

Article 8. Where citizens, legal persons, or other organizations receive administrative punishments for their illegal conduct, and their illegal conduct causes harm to others, they shall bear civil liability in accordance with law.

Where the illegal conduct constitutes a crime, and the responsibility of the convict shall be pursued in accordance with law, administrative punishment must not be substituted for criminal punishment.

2. What are the provisions on fines?

1. The subject of the fine is the administrative subject, not all organizations and individuals have the power to fine, not all administrative subjects have the power to fine, only those authorized by laws, regulations or rules have the power to fine;

2. The object of the fine can only be the administrative counterpart, and the power of a specific administrative entity to exercise the fine is not unlimited, and it can only be imposed on the administrative counterpart, and no organization can impose a fine on its members, and the specific administrative entity with the power to impose a fine is no exception;

3. The reason for the fine can only be for the violation of administrative regulations. The essence of the fine is an administrative penalty, which determines that the fine can only be for violations of administrative regulations. For other acts, even if it is an illegal act, a fine cannot be imposed.

Legal Analysis: Company fines are not legal because companies are businesses and do not have the right to fine. Late.

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 in any of the following circumstances, the labor administration and labor department shall order the payment of wages and remuneration and economic compensation to the worker, 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Legal analysis: The fine of the express company is illegal, because the company is an enterprise and does not have the right to fine, and the fine is an administrative penalty act. However, if any loss is caused to the company, the company may claim compensation.

If the employer arranges the employee to work beyond the statutory standard working hours according to actual needs after the employee has completed the work quota or the prescribed work tasks, the employer shall pay the employee wages according to the following standards: if the employer arranges the employee to work longer hours beyond the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage standard stipulated in the labor contract;

Legal basis: 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.