The problem and solution of the right to impose fines on enterprises, and whether enterprises have t

Legal basis: China's laws and regulations do not have clear provisions on whether enterprises can impose fines on employees. Some enterprises use the Regulations on Rewards and Punishments for Employees as a basis, believing that enterprises can impose fines on employees.

Legal Analysis: There is no legal authority to impose fines for employee violations. The employer does not have the right to impose fines on employees who violate rules and disciplines, and can only exercise the right to terminate the labor contract or require the employee to pay liquidated damages and compensate for losses in accordance with the Labor Law and the Labor Contract Law.

Therefore, the author suggests that workers should dare to say no and protect their rights and interests in the face of penalties that have no legal basis and the way to bear responsibility for violating the law. The enterprise does not have the right to fine the employee who has broken the file, but if it causes economic losses to the company, it can claim compensation from the employee. The legitimate right to private property of citizens is inviolable.

Fines, in a sense, are deprivation of a citizen's property rights. Because of the stupidity, the fine falls under the category of property penalty.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Interim Provisions on Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her 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.

Enterprises do not have the right to impose fines on workers, only administrative organs have the power to impose fines, and private enterprises are for-profit economic organizations that do not have the right to make decisions on fines. However, the compensation for economic losses may be deducted from the employee's salary. The monthly deduction shall not exceed 20% of the employee's monthly salary.

Article 16 of the Interim Provisions on Payment of Wages Article 16 If an employee causes economic losses to the employer due to his or her 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.

Legal Analysis: None.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 12 The rules formulated by the Ministry and the Committee may make specific provisions within the scope of the acts, types and ranges of administrative punishments provided for in laws and administrative regulations. Where laws and administrative regulations have not yet been formulated, the rules formulated by the Ministry and Committee as provided for in the preceding paragraph may set administrative penalties of warnings or a certain amount of fines for violations of the order of administrative management.

The limit of the penalty is set by ***. Directly subordinate bodies with administrative punishment authority may be authorized to provide for administrative punishments in accordance with the provisions of paragraphs 1 and 2 of this article.