How to properly solve employees' dissatisfaction with fines?

If the employee refuses to accept the punishment decision of the unit, it can be resolved through consultation with the unit. If negotiation fails, you can apply to the enterprise labor dispute mediation committee for mediation, or you can apply to the labor dispute arbitration committee in your jurisdiction for arbitration. If you are not satisfied with the arbitration result, you can bring a lawsuit to the people's court.

According to the law, an employee's salary deducted in one month cannot exceed 20% of that month's salary, and the rest after deduction shall not be lower than the local minimum wage standard. If the remaining part after deduction is lower than the local monthly minimum wage, it shall be paid according to the minimum wage. Therefore, no matter what company, no matter what articles of association are formulated, the deduction of employees' wages cannot exceed the above standards. If the above criteria are exceeded, employees can apply for labor arbitration according to the following steps:

1. Submit the application form first. When applying for arbitration, the parties must submit an application for arbitration and submit copies according to the number of respondents.

2. Arbitration acceptance. The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or reject it.

3. Hold a trial. The arbitration tribunal will notify both parties of the date and place of the hearing in writing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from the court without the consent of the arbitration tribunal, the case shall be dismissed and the respondent may make an award by default.

4. Arbitration and mediation. When handling labor disputes, the arbitration tribunal conducts mediation first, and on the basis of finding out the facts, it urges the parties to reach an agreement voluntarily. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal will make an award in time.

5. Arbitral award. The arbitration tribunal's trial of labor dispute cases will end within 45 days from the date when the Labor Arbitration Commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval, and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days. After the arbitration tribunal makes an award, it shall make an arbitration award and serve it on both parties. If a party refuses to accept the arbitration award, it may bring a suit in a people's court within 15 days from the date of receiving the award; If no lawsuit is filed at the expiration of the time limit, the award will take legal effect.

What's the difference between a fine and a fine?

1, the legal nature is different: fines are administrative penalties, while fines are criminal penalties;

2. Different law enforcement agencies: fines are generally decided by administrative law enforcement agencies, and fines are judged by people's courts according to law;

3. Different objects of application: fines are applicable to ordinary criminals who violate administrative regulations and do not constitute a crime, and fines are applicable to criminals who violate criminal law;

4. Different legal basis: The legal basis for people's courts to impose fines is the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC). The legal basis for the administrative organ to make a fine decision is the Administrative Punishment Law of the People's Republic of China.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 77 of the Labor Law of People's Republic of China (PRC)

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.

The principle of mediation applies to arbitration and litigation procedures.

Article 79

After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.