An employee of a company in Guangzhou was fined by the company for not replying to a WeChat group message on time. Is this reasonable and legal?

An employee of a company in Guangzhou was fined by the company for not replying to a WeChat group message on time. Is this reasonable and legal? Let's discuss this issue below, hoping that this content can help friends in need.

It was revealed that a management consulting company in Guangdong was fined 200 yuan for not responding to messages in the group. On February 15, the company's staff responded that the punishment was based on the company's rules and management systems. In an internal company dating group, the relevant staff announced the punishment news: Because after the holiday notice was announced in the company group at 17:56 on January 10, 2022, all employees did not respond within 2 hours, which is a violation of the company’s WeChat usage According to the management regulations, the company will impose penalties, and all personnel will be fined 200 yuan. "I hope all employees will take this as a warning, follow the company's management system, and jointly maintain normal work disciplines." The reporter checked and found that the registered address of the company involved was in Guangzhou.

"Illegal. Failure to reply to messages has not caused harm to the company, and some people may not be at fault for not seeing the message content. Secondly, in Guangdong Province, except for Shenzhen, other aspects of No company can fine its employees," said criminal defense lawyer Cai Fei, head of the Guangzhou Trade Union Legal Services Lawyer Group, office director of Guangzhou Jinpeng Law Firm, and head of the Labor and Social Security Legal Committee of the Guangzhou Lawyers Association.

Defense lawyer Jiang Dianxu, former head of the Labor and Social Security Legal Committee of the Guangzhou Lawyers Association and senior partner of Beijing Dacheng (Guangzhou) Law Firm, stated on this matter that according to the "Guangdong Provincial Labor and Social Security Law The requirements of Article 50 of the Supervision Regulations: "If the management system of a company unit clearly stipulates the content of fines, or its requirements for salary deductions are not passed by laws, regulations, policies and regulations, it shall be administratively enforced by the human resources management and social security administrative agencies and given Warning. If a company imposes fines on employees or deducts employees' salaries without laws, regulations, policies and regulations, the human resources management and social security administrative agencies will order rectification within a time limit; if the loan is overdue and has not been rectified, the total number of fines or salary deductions will be calculated for each person. Fines of not less than 2,000 yuan but not more than 5,000 yuan are standard. "

Jiang Dianxu said, "In Guangdong, except for Shenzhen, no matter whether the company's labor management system has passed democratic procedures or not. If the company uses fines as a management method, it constitutes a violation of the regulations. Employees can report it to the work administrative agency. After the labor inspection verifies the truth, administrative enforcement and other administrative measures can be taken. ”

“The company Employees cannot be fined." Cai Fei elaborated that according to the requirements of my country's Administrative Penalty Law, capital penalties can only be set by laws, regulations, policies and rules. "Companies do not have the right to impose fines. Even if companies have clear rules and regulations, they cannot be used as a basis for fines. However, there are some exceptions in practical activities, such as Shenzhen."

"Since Shenzhen currently also has Establish the requirements for taking effect." Cai Fei introduced in detail that the second item of Article 34 of the "Shenzhen Employee Wage Payment Regulations" (revised in 2019) requires that "company units shall treat employees in accordance with the management system formulated in accordance with regulations. Punishment for economic development that violates laws and disciplines." Paragraph 1 of Article 16 of the "Regulations on the Promotion of Harmonious Labor Relations in Shenzhen Special Economic Zones" stipulates that "if a company implements economic development penalties on employees in accordance with the management system, the total penalty amount for a single project and for the month cannot exceed 1% of the employee's salary for the month Thirty, and the same illegal act cannot be punished repeatedly."