What kind of unit can be fined? What is the legal requirement for unit fines

If the employer makes a public announcement to the employee in accordance with the rules and regulations formulated through legal procedures, it may be used as the basis for punishment, but the deduction from the salary must be confirmed by the employee and the balance cannot be lower than the local minimum wage standard.

Another: It is not illegal, the labor law clearly stipulates that there is no reason to withhold the employee's salary, not to mention that without the consent of the parties, the company's punishment is only unilateral, and the legal unit has not authorized him, so it is also illegal for him to do so

You can refer to. wo77521

What units or individuals can be fined under what circumstances? >

Can a business fine an employee.

Administrative law enforcement units.

There are too many staff members with law enforcement certificates, and it is difficult to explain clearly, and both administrative and public institutions have the right to impose penalties.

Fund. As. Work Safety Supervision Bureau.

Secrecy Bureau. Financial.

Disabled Persons' Federation.

Archives Bureau. Local Taxation Bureau.

National Development and Reform Bureau. Department of Real Estate.

Public Security Bureau. Public Utilities Authority.

Highway Department. Planning Bureau.

Land and Resources Bureau.

Bureau of Oceans and Fisheries.

Epa. Building and Construction Authority.

Department of Transportation. Education bureau.

Economic Bureau.

Bureau of Science and Technology. Directorate of Labour.

Food Bureau. Forestry Administration.

Tourism bureau. Civil affairs bureau.

Bureau of Ethnic and Religious Affairs.

Agricultural Machinery Administration.

Department of Agriculture. Meteorological bureau.

Administration for Industry and Commerce.

Civil Air Defense Office. Population and Family Planning Administration.

Personnel. Food and Drug Administration.

City Appearance and Environmental Sanitation Administration.

Water Conservancy Bureau. Department of Justice.

Statistics. Foreign Trade and Economic Cooperation Bureau.

Department of Health. Bureau of Culture, Radio, Television, Press and Publication.

Price Bureau. Information Industry Bureau.

Animal Husbandry Bureau. Tobacco Monopoly Bureau.

Quality Supervision Bureau.

1. What is the legal requirement for unit fines?

1. With regard to the provisions on employee fines, the employer shall not arbitrarily punish the employee, and only 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 loss in accordance with the provisions of the labor contract. If an employer violates the 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.

2. Legal basis: Article 47 of the Labor Law of the People's Republic of China.

Employers shall, in accordance with the characteristics of their production and operation and economic benefits, independently determine their wage distribution methods and wage levels in accordance with the law.

Article 90. If an employer violates the provisions of this Law by extending the working hours of an employee, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

2. How to solve the problem of deliberately deducting wages and failing to negotiate them.

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 can 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.

Legal Difference Analysis: Not Legal. Fines are prohibited by the Labor Code, and if you encounter a company that asks for a fine, you can file a complaint with the Labor Inspectorate.

Only those administrative entities authorized by laws, rules or regulations have the power to impose fines. If an employee seriously violates labor discipline or the rules and regulations of the employer, the employer may terminate the labor contract in accordance with the law, but it cannot impose a fine. The company's punishment measures for employees can take such as warnings, dismissal, and dismissal.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 8 Fines are one of the types of administrative punishments, and can only be exercised by the administrative organs exercising the administrative power of the State or by the institutions authorized by law to exercise the administrative power.

The law stipulates that fines may be imposed on the following units:

1. The state implements the establishment of a comprehensive administrative law enforcement system in the fields of urban management, market supervision, ecological environment, cultural market, transportation, emergency management, agriculture, etc., and relatively centralizes the power of administrative punishment;

2. The people of provinces, autonomous regions, or municipalities directly under the Central Government may decide on a false government organ to exercise the administrative punishment power of the relevant administrative organ;

3. The power of administrative punishment restricting personal liberty can only be exercised by the public security organs and other organs prescribed by law.

What are the administrative punishments entrusted to be implemented.

1. The entrusted organization must carry out administrative punishments in the name of the entrusting administrative organ within the scope of authorization, and cannot entrust any other organization or individual to carry out administrative punishments;

2. Where organizations exercising administrative punishments in accordance with law must comply with the requirements of lawfully established public institutions to manage public affairs, have staff who are familiar with relevant laws, regulations, rules, and operations, and need to conduct technical inspections or technical appraisals of illegal acts, the qualified organizations shall conduct corresponding technical inspections or technical appraisals.

[Laws and Regulations].Article 12 of the Administrative Punishment Law of the People's Republic of China.

Local regulations may set administrative penalties other than restricting personal liberty and revoking business licenses.

Where laws and administrative regulations have already made provisions on administrative punishments for illegal conduct, and local regulations need to make specific provisions, they must be provided for within the scope of the conduct, type, and scope of administrative punishment as provided for by the laws and administrative regulations.

Where laws and administrative regulations do not provide for administrative punishments for illegal conduct, local regulations may supplement administrative punishments for the purpose of implementing laws and administrative regulations. Where it is proposed to supplement the establishment of administrative punishments, opinions shall be widely heard through hearings, debates, and other means, and a written explanation shall be made to the formulating organ. When local regulations are submitted for filing, the circumstances of supplemental administrative punishment shall be explained.

Article 13. Departmental rules may make specific provisions within the scope of the conduct, type, and scope of administrative punishment provided for by laws and administrative regulations.

Where laws and administrative regulations have not yet been formulated, departmental rules may set administrative penalties such as warnings, circulars of criticism, or fines of a certain amount for violations of the order of administrative management. The limit of the penalty is set by ***. v

Legal analysis refers to Lu:

Only the public security organs, the people's law, such as the compound and the people** have the right to impose fines on those who violate the law and discipline. It is illegal for any organization or individual to impose a fine on another person.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 15: Administrative punishments are to be carried out by administrative organs with administrative punishment powers within the scope of their legally-prescribed authority.

Article 16 The people of provinces, autonomous regions, and municipalities directly under the Central Government may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power restricting personal freedom can only be exercised by the public security organ.

Article 17: Organizations authorized by laws and regulations to have public affairs management functions may carry out administrative punishments within the scope of legally-prescribed authorization.

Legal analysis: Only the public security organs, the people's courts and the people** have the right to impose fines on those who violate the law and discipline. It is illegal for any organization or individual to impose a fine on another person.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 15: Administrative punishments are to be imposed by administrative organs with administrative punishment authority within the scope of their legally-prescribed authority.

Article 16 The people of a province, autonomous region, or municipality directly under the Central Government authorized by the People's Republic of China may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts personal liberty can only be exercised by the public security organ.

Article 17: Organizations authorized by laws and regulations to have the function of managing public funeral affairs may impose administrative punishments within the scope of statutory authorization.

If it is not legal, the unit does not have the right to fine the employee, only the administrative unit can impose a fine, and the employer under the labor law is not an administrative law enforcement agency and has no right to fine the employee's illegal acts. Therefore, in practice, it is a violation of the law for the company to impose fines and penalties on employees who violate the rules. Article 90 of the Labor Law of the People's Republic of China provides that if an employer extends the working hours of an employee in violation of the provisions of this Law, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Article 91 of the Labor Law of the People's Republic of China stipulates that if an employer infringes upon the lawful rights and interests of a laborer, the Ministry of Labor Administration shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) Withholding or defaulting on the employee'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 fails to give economic compensation to the failed worker in accordance with the provisions of this Law. Article 89 of the Labor Law of the People's Republic of China stipulates that if the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation.