A management consulting company in Guangdong was exposed that all its employees did not respond to the news in the group and was fined 200 yuan. On February 15, the company staff replied that the punishment was based on the company's regulations and management system. In a company's internal friends group, the relevant staff announced a penalty message, saying that the company would impose a penalty and all staff would be fined 200 yuan for posting holiday notices in the company group at 65438+ 10 and 17:56 in 2022, and all staff failed to reply within 2 hours, that is, violating the company's WeChat usage management regulations. "I hope that all employees will take this as a warning, implement it according to the company's management system, and jointly safeguard normal work discipline." The reporter found that the registered address of the company involved is in Guangzhou.
"Illegal. Failure to reply to the information did not harm the company, and some people did not see the information content and were not necessarily at fault. Secondly, in Guangdong Province, except Shenzhen, companies in other aspects cannot impose fines on employees. " Cai Fei, criminal defense lawyer, head of the Guangzhou Trade Union Legal Service Lawyers Group, director of the office of Guangzhou Jin Peng Law Firm, and director of the Labor and Social Security Law Committee of Guangzhou Lawyers Association.
Jiang Dianxu, the former head of the Labor and Social Security Law Committee of Guangzhou Lawyers Association and a senior partner of Beijing Dacheng (Guangzhou) Law Firm, said that according to the requirements of Article 50 of the Regulations on Labor Security Supervision of Guangdong Province: "If the company management system clearly stipulates the content of the fine, or if the laws, regulations and policies stipulate that the wage deduction requirements are not passed, the human resources management and social security administrative organs will enforce it administratively and give a warning. If there are no laws, regulations or policies for the company to impose fines on employees or deduct employees' wages, the administrative organ of human resources management and social security shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 2,000 yuan and less than 5,000 yuan per person shall be imposed. "
Jiang Dianxu said, "In Guangdong, except Shenzhen, regardless of whether the company's labor management method management system is democratic or not, the company uses fines as a management method. Because it violates the above requirements, it constitutes a violation, so employees can report to the labor administrative organ. After labor inspection and verification, administrative enforcement and other administrative treatments can be made. "
"The company can't fine its employees." Cai Fei introduced in detail that according to the requirements of China's administrative punishment law, the punishment for assets can only be set by laws, regulations, policies and regulations. "The company has no right to impose a fine. Even if the company has clear rules and regulations, it cannot be used as a basis for fines, except for some actual activities, such as Shenzhen. "
"Because Shenzhen currently has requirements for establishing effectiveness." Cai Fei introduced in detail that Article 34, Paragraph 1, Item 2 of the Regulations on Payment of Employees' Wages in Shenzhen (revised by 20 19) requires that "the company unit shall punish the employees for violating the law and discipline in accordance with the management system formulated in accordance with the regulations". Paragraph 1 of Article 16 of the Regulations of Shenzhen Special Economic Zone on Promoting Harmonious Labor Relations requires that "if the company imposes economic development penalties on its employees according to the management system, the total amount of fines for a single project and the current month shall not exceed 30% of the employees' monthly salary, and the same illegal act shall not be punished repeatedly".