If A Labor Contract Has A Prescribed Penalty, It Can Be Regarded As A Penalty.

If you are late for work, you will be fined, not completed, and your business will be fined.

In real life, many units are often fined in the system of rewards and punishment and the system of attendance.

In this regard, some support for objection.

Since the abolition of the regulations on rewards and penalties for employees of enterprises formulated by the State Council in January 15, 2008, whether enterprises have the right to impose fines on employees according to the operation and management system of enterprises, there have been different voices in the society.

Not long ago, a legal precedent in the South was taken as the breakthrough point.

Then, is there any legal basis for the employer to impose a fine on employees? What are the viewpoints in practice? With the topic of concern, our reporter interviewed Li Yuxiang, a Specialized Committee member of the Beijing Law Association's criminal procedure law and director of the Beijing Zhong Shi law firm, and asked him to analyze and interpret it.

Li Yuxiang: in the circle of friends of WeChat, I saw this article.

In this case, I noticed that the court of second instance rejected all appeals of the company on the grounds of a company's claim without fact basis and legal basis, and supported the company's refund of 200 yuan to Wu.

Because I do not understand the specific case, such as the situation of proof, the court proceedings and so on, I have no objection to the verdict of the case.

Only in theory can we talk about whether an enterprise has the right to impose a fine on employees.

First, if a certain

There is sufficient evidence to prove that Wu is not in accordance with the "internal" of the company.

According to the "labor law" and the labor contracts signed by both sides, the arbitration organization and the people's court should support a company to impose a fine of 200 yuan on Wu. If a company has no sufficient evidence to prove that Wu has violated the provisions of the "internal management system", the arbitral body and the people's court can reject the claim of a company on the basis of no facts and legal grounds.

Second, a company is based on the enterprise system.

The punishment of employees is not authorized by law.

The functions and powers of a company's managerial personnel, such as the chairman and general manager, are decided by the company's articles of association formulated by the company law, or decided by the company's shareholders' meeting and board of directors.

As long as the decision of a company's constitution, board of directors and other decision-making bodies does not violate the prohibition provisions of the company law and other laws, it is OK.

Third, the relationship between enterprises and employees is, in the final analysis, a contractual relationship and a category of civil legal mediation.

The relationship between enterprises and employees is not the relationship between administrative departments and administrative objects, and does not belong to the scope of administrative law and regulation.

Anyone who says that enterprises have no right to punish employees can find the legal basis for government departments to administer according to law.

I have noticed some scholars' views on this case. They are also interpreted from the perspective of administrative laws and regulations, rather than from the labor contract relationship.

The contractual relationship between two equal civil subjects is based on equal and voluntary private rights.

The contract law stipulates that the party who has kept the contract has the right to request the party to breach the contract to pay liquidated damages and damages, and the liquidated damages are in essence a fine for breach of contract.

Specifically, in this case, a company fined 200 yuan for Wu is in essence a breach of the contract stipulated in the labor contract. If there is sufficient evidence to prove that Wu has violated the contract signed by both parties, a company fines 200 yuan for Wu, and the law should be protected.

At present, there are three main points in society: the first one is that rules and regulations can be fined legally, and the second is that it is necessary to reward rewards and punishments for laziness. The third one is that "punishment power" has no legal basis.

I agree with the first view.

I remember when Premier Li Keqiang talked about the relationship between the government and the market correctly at the press conference of the two sessions last year, he said, "the market economy is also a rule of law economy. We must strive to make the market subject" law no prohibition ", so that the government departments can not be authorized.

Enterprises are the main body of the market, not the administrative departments of the state. They impose fines on their employees according to the rules and regulations of enterprises, so long as they do not violate the prohibitions of laws and regulations, they do not need legal authorization.

If the law prohibits enterprises from punishing their employees, it is interfering with the autonomy of the enterprises, and interfering with the private rights of the market owners with public power.

At present, there are no laws and regulations that prohibit enterprises from punishing employees. Therefore, I believe that enterprises have the right to punish their employees according to the rules and regulations of enterprises.

It is not only the practice and successful experience of international enterprise management, but also one of the traditional ways of enterprise management and management.