Does the enterprise have the right to impose fines on employees?
Lawyer's analysis:
The company has the right to impose fines on employees under certain circumstances. According to our country's《 wages Article 16 of the Interim Provisions on Payment clearly states that if the laborer brings economic losses to the employer due to personal reasons, the employer can Labor contract The agreement in Economic compensation 。 Specific economic losses damages The employer may deduct the amount from the worker's salary. However, it should be noted that the monthly deduction amount should not exceed 20% of the total wages of the worker in the current month. If after such deduction, the remaining salary is still lower than the month specified by the local government Minimum wage If so, it must be paid according to this minimum wage standard.
Legal basis:
According to Article 16 of the Interim Provisions on Wage Payment, if the laborer causes economic losses to the employing unit due to his own reasons, the employing unit may require the laborer to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the wages of the workers themselves. However, the monthly deduction shall not exceed 20% of the laborer's monthly salary. If the residual wage after deduction is lower than the local monthly minimum wage standard, it shall be paid according to the minimum wage standard. Article 39 of the Labor Contract Law stipulates that the employer may terminate the labor contract if a worker has one of the following circumstances: (1) the employee is proved not to meet the employment conditions during the probation period; （2） Seriously violating the rules and regulations of the employing unit; （3） Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit; （4） The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer; （5） The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; （6） Being investigated for criminal responsibility according to law. Article 40 stipulates that in any of the following circumstances, the employer may terminate the labor contract after giving a written notice to the worker himself 30 days in advance or after paying an additional month's wages to the worker: (1) The worker is sick or injured not at work, and cannot engage in the original work after the prescribed medical treatment period expires, nor can he engage in the work arranged by the employer separately; （2） The laborer is incompetent for his work and still is incompetent after training or job adjustment; （3） The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the labor contract unable to be performed, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation.
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