What should I do if the company imposes a fine, and what should I do if the company imposes a fine

Whether it is legal depends on whether the company has such rules and regulations, and whether the system is formulated and publicized in accordance with the law.

Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the wages and remuneration of the worker, the difference between the worker's wage and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

If an enterprise still uses fines as a punishment method for employees, it may face a series of risks such as the relevant provisions being found invalid, unable to be used as the basis for punishment, or paying additional economic compensation.

According to the Labor Law, the Labor Contract Law and the Regulations on Payment of Wages, employers shall pay wages in full and on time. The exception is that 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 monthly salary. 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. Therefore, the company's fine is absolutely illegal if the company has not suffered actual losses.

Illegal. The previously implemented Regulations on Rewards and Punishments for Employees of Enterprises used to stipulate that enterprises have the power to take administrative sanctions or punishments such as warnings, demerits, demotion, dismissal, dismissal, dismissal, and fines. However, this regulation was repealed last year and replaced by the Labor Contract Law and other relevant regulations.

According to the Labor Contract Law, the Administrative Licensing Law and the Administrative Penalty Law, fines are one of the types of administrative penalties and can only be exercised by administrative organs exercising state power or institutions authorized by law to exercise administrative powers, and employers do not have the "right to fine". He suggested that the unit should improve its own management system in accordance with the law, and if employees suffer losses due to work mistakes, or there are substandard attendance, disciplinary violations, etc., they can make economic deductions according to the internal management system.

However, the deduction shall not exceed 20% of the monthly wage, and shall not be lower than the minimum wage. If the employer is fined for being late, not completing the workload, etc., the worker can take up the law to defend his rights and wallet. "Fine" is a kind of administrative penalty, and the employer does not have the "right to fine".

In the case of deliberate wage deduction, the failure of negotiation can be resolved by the following legal means:

1. Filing an application with the Labor Arbitration Commission for labor arbitration to pursue the civil liability of the employer: If the employer deducts or defaults on the wages of the employee without reason, the employee may notify the employer at any time to terminate the labor contract and request compensation from the employer. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

If you are not satisfied with the arbitration result, you may also file a lawsuit with the court in accordance with the law.

2. Complain to the labor administrative department and pursue the administrative responsibility of the employer: The labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the employee, and may order the payment of compensation to the employee at a rate equivalent to one to five times the total amount of the wages and remuneration and economic compensation paid to the employee.

1. Whether it is legal or not depends on whether the company has such rules and regulations, and whether the system is formulated and publicized according to law.

2. But the reality is that you need to continue to work there, you have to be suppressed by power, and you can't make things worse.

3. It doesn't matter if you don't work there, you can get involved with them. The Labor Inspectorate Brigade can help you. But if there is a so-called, forget it, after all, you are wrong first.

Support the views of HHH021. The Labor Contract Law does not seem to provide for the issue of fines imposed on employees.

On January 18, 2018, the fines imposed on employees by enterprises have been abolished, and only the labor administrative department can fine employees.

The solution to the company's indiscriminate fines is as follows:

1. Workers can complain and report to the local labor and social security supervision agency;

2. The worker may apply to the local labor dispute arbitration commission for arbitration, and shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute, and the parties shall submit the dispute to the labor dispute arbitration commission for processing;

3. If a worker wants to file a lawsuit to fight a labor lawsuit, he must go through the arbitration procedure, and the worker cannot directly file a lawsuit with the people's court, for a labor dispute case, if any party is dissatisfied after labor arbitration, he can file a lawsuit with the court, and obey it after arbitration, and if the employer does not implement the labor arbitration award after it takes effect, he can apply to the court for compulsory enforcement;

4. If the party confirms that the employer has not violated the rules and regulations of the employer, or if the employee has caused losses to the employer, and the employer requires the employee to bear responsibility, and the deduction of wages exceeds 20% of the monthly salary of the party, it is an arbitrary deduction of wages by the employer, and the party concerned may apply for the termination of the labor contract and the leakage of the labor relationship, and request compensation from the economic authorities.

Legal basisArticle 91 of the Labor Law of the People's Republic of China.

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) 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: Yes is illegal. The company does not have the right to impose arbitrary fines and shall not deduct the wages and remuneration of employees.

Legal basis: Regulations on the Supervision of Labor Chang Pai Na Guarantee Article 26 If an employer commits any of the following acts, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration, the difference between the employee's wage and the local minimum wage, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

Generally speaking, the company's arbitrary fines are labor disputes, and the solutions include requesting mediation from an arbitration institution, arbitration, and filing a lawsuit with the people's court.

1. What should I do if I have not signed a labor contract and are in arrears of wages.

If the labor contract is not signed, the employee shall first apply to the Labor Dispute Arbitration Commission for arbitration to confirm the de facto labor relationship, and then claim wages through the following methods: negotiate with the company; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Directly request a payment order from the people's court; lodge a complaint with the labor administrative department; Dissatisfied with the labor arbitration award, file a lawsuit with the people's court; Its belt state spring he.

2. What should I do if I need money for labor arbitration?

Labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. When a party to a labor dispute applies for arbitration, it shall pay an arbitration fee to the labor arbitration institution. The arbitration fee includes both an acceptance fee and a processing fee.

Labor dispute case acceptance fee: 20 yuan for each case with less than 3 people; 4 to 9 people, 30 yuan per person; Where more than 10 people are involved in collective labor dispute cases, 50 yuan per case. The labor arbitration process and the fees for applying for labor arbitration are:

In the case of a labor dispute, an award shall be made within 45 days from the date on which the labor dispute arbitration commission accepts the application for arbitration. If the worker is not satisfied with the arbitral award, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. When applying for labor dispute arbitration, the parties shall submit a written application for arbitration.

3. What are the ways for employees to resolve disputes with the company?

There are several ways for employees to resolve disputes with the company:

1. Negotiation procedures. Negotiation refers to the direct negotiation between the employee and the employer on the disputed issues to find a specific solution to the dispute. The negotiation procedure is not a necessary procedure for handling labor disputes. Both parties can negotiate or not, completely voluntarily, and no one can force it;

2. Apply for mediation. Like the negotiation process, the mediation process is voluntarily chosen by the parties, and the mediation agreement is not enforceable. If one party regrets it, it can also apply to an arbitration institution for arbitration;

3. Arbitration Procedure. The Labor Dispute Arbitration Commission is a specialized agency authorized by the state to independently handle labor dispute cases in accordance with the law;

4. The litigation procedure is stupid. Litigation is commonly referred to as litigation. The initiation of the litigation procedure is initiated after the party dissatisfied with the award of the labor dispute arbitration commission files a lawsuit with the people's court.

The litigation process is highly legal and procedural, and the judgment is enforceable.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 13 In mediating a labor dispute, the parties shall fully listen to the statements of facts and reasons of both parties, patiently guide them, and help them reach an agreement.

Article 14: Where an agreement is reached through mediation, a mediation agreement shall be drafted.

The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and affixed with the seal of the mediation organization, and shall be binding on both parties and shall be performed by the parties.

If no mediation agreement is reached within 15 days from the date of receipt of the mediation application by the labor dispute mediation organization, the parties may apply for arbitration in accordance with law.