What unit is entitled to a fine by law?

Except for administrative organs and people's courts, no other unit has the right to impose a fine, nor does the employing unit have the right to impose a fine. The administrative organ or the people's court shall, in accordance with the provisions of laws, regulations or rules, implement the punishment in accordance with the prescribed procedures. ?

The law gives employers the right to negotiate with workers to establish an internal management system in organizing production and business activities, but this right should be exercised within the legal framework. Fines are the product of the planned economy era. The economic punishment right of state-owned units to employees has lost its legal basis with the abolition of the regulations on rewards and punishments for enterprise employees. ?

Therefore, at present, any rules and regulations that employers impose fines on workers are invalid. ?

The economic punishment imposed by the employer on the laborer can be adjusted in the wage structure through performance appraisal, which is fixed by the enterprise rules and regulations. If the laborer violates the system, the employer can deduct the salary by lowering the performance score. ?

The fact that the employer has no right to impose a fine on the laborer does not mean that the employer has no economic management right over the laborer. The employing unit can set up "monthly assessment award or annual assessment award" and other types of comprehensive assessment awards in the rules and regulations or employee handbook, which can include attendance, safety, quality and labor discipline, exercise management power and standardize employee behavior. ?

Workers who meet the assessment requirements stipulated in the rules and regulations will be rewarded in full, otherwise they will not be rewarded in proportion. Of course, employers should pay attention to the amount of these bonuses to ensure that the wages paid to employees meet the requirements of local minimum wage standards. Otherwise, these systems may exist in name only because they are illegal. ?

According to the Opinions on Several Issues Concerning the Implementation of Labor Law issued by the Ministry of Labor. The employing unit may formulate a scientific labor quota according to law, and reward the workers when they exceed the quota as stipulated in the rules and regulations or the labor contract. When workers fail to meet the quota, they may deduct their wages as appropriate, but of course they shall not be lower than the local minimum wage. ?

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Related case

Although the employee violates the rules and regulations, the employer has no right to impose a fine?

20 15 1 1 month, employees of a company in Jinan are all ready to jump ship, and their work is not as dedicated as before, and they are late and leave early many times. Therefore, the company made a penalty decision to fine 500 yuan according to its own rules and regulations.

At the end of the year, Qi submitted his resignation application and asked the company to refund 500 yuan's fine. The person in charge of the company angrily refused Qi's request to refund the fine, and Qi then applied to the local labor and personnel dispute arbitration committee, asking the company to refund 500 yuan's fine.

The Arbitration Commission held through trial that in real life, many employers often stipulate fines in the reward and punishment system and attendance system. 1982 Articles 1 1 2 of the Regulations on Rewards and Punishment for Employees in Enterprises promulgated and implemented in the State Council give enterprises the right of economic punishment for employees. This is the direct legal source of fines for enterprise employees in China's labor legal relations.

The Regulations on Rewards and Punishment for Employees in Enterprises was abolished by Order No.516 of the State Council on June 55438+1October 5, 2008, and there is no legal basis for the employer to impose fines on employees. Employees who are late can't be fined, but they don't have to be awarded attendance bonus. Deduction, demerit recording, warning and other methods can often achieve management results.

If the laborer violates discipline seriously, the employer may terminate the labor contract. It is illegal for the company to impose a fine on someone, so it should immediately return the fine to Qi. ? Finally, the Arbitration Commission supported the company's claim that it should refund 500 yuan's fine.

Daqing Saertu District Court Network-Although employees violate the rules and regulations, the employer has no right to impose fines.

China court network-enterprises have no right to fine "is a common sense that must be reiterated.