Ms. Ge, a citizen of Wusu: I work as a receptionist in a company. The company stipulates that mobile phones are not allowed to be seen during work, but the requirements are not strict. Colleagues usually carry mobile phones. A few days ago, when I was at work, I looked at my mobile phone for a while. The manager saw me and asked me to pay a fine of 500 yuan to the financial department. My salary is not high, I don't want to pay a fine, but I'm afraid of losing my job. Is the company's fine reasonable?
Pan Zengyao, a member of the Shiliuyun legal gang and a lawyer from Beijing Dacheng (Urumqi) Law Firm: First of all, the company certainly does not have the power to "fine", because fine is the power that the state gives to some law enforcement agencies for administrative punishment, and the company does not have the power to enforce administrative law. However, in practice, it is common for employees to be fined, such as "fine" for being late and "fine" for smoking.
Of course, sometimes the company does not impose a fine, but deducts the salary. However, both "fine" and salary deduction are illegal. The Labor Law stipulates that "the wages of workers shall not be withheld or delayed without reason." The Labor Contract Law also stipulates that "the employing unit shall, in accordance with the provisions of the labor contract and the provisions of the state, pay workers in full and on time."
At the same time, it should be noted that a harmonious employment relationship requires the joint efforts of enterprises and workers. The enterprise has management autonomy, and workers shall abide by the rules and regulations of the enterprise. Although the enterprise does not have the right to directly fine, if the enterprise has set up performance management and assessment indicators in its rules and regulations, and made corresponding provisions on attendance, daily performance, etc., employees who meet the assessment requirements can receive performance awards in full, otherwise they can only receive partial performance awards in proportion, changing "punishment" to "award", in order to regulate employee behavior, This management mode is not only legal and compliant, but also can achieve the purpose of exercising management power. (sorted out by Sui Yunyan, reporter of Tianshan.com Xinjiang Daily)
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