Do companies have the authority to impose fines for safety violations?
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On March 18, 2009, the District Labor and Social Security Bureau conducted a labor inspection at our company. The inspectors from the labor inspection team stated that the enterprise did not have the authority to impose penalties; employees who violated rules or caused accidents should not be fined, as only administrative law enforcement agencies have the power to impose such penalties. I don’t know whether it’s legal for companies to punish their employees If employees who violate rules and regulations are not punished but only given educational measures, it will lead to widespread violations among them, which cannot be stopped. If safety accidents occur, is it then up to the higher-level authorities to take responsibility? Please, fellow sailors, discuss this.
It should be there; it mainly depends on whether you have relevant company rules and regulations.
\"Fine\" is a colloquial term; it is recommended that the original poster replace \"fine\" with \"evaluation\", meaning that the company assesses employees based on their performance at work, with such evaluations taking the form of either penalties or rewards.
The company’s system of rewarding or punishing employees, imposing fines or giving rewards, is an internal administrative matter of the company – what does it have to do with labor supervision? Labor inspection isn’t like urban management – it has quite broad powers... I’ve heard this claim for the first time; you can ask that inspector to show me the provisions stating that companies cannot be fined... Nothing deemed illegal unless explicitly stated by law...
There should be powers to impose penalties and rewards, as a means of holding employees accountable for violating rules and motivating them to comply with them. Our organization is formulating regulations on employee rewards and punishments, with the main goal of raising employees’ awareness of compliance with rules and regulations, so as to help them develop the habit of voluntarily adhering to these rules.
In fact, there are. It’s actually about the issue of employees’ basic salaries, right? They are all conditional.
It should be said that companies can punish employees who violate their internal rules and regulations. Labor inspection doesn’t seem to have jurisdiction over this, does it? He doesn’t have this authority; it seems this civil servant is also a incompetent leader! Let me ask: which company doesn’t have penalty regulations? ? If this isn’t there, how can there be a clear distinction between rewards and punishments?
Refer to the following: the company does not have the authority to impose penalties. Measures for Administrative Penalties for Violations of Work Safety Regulations – Section 1: Simplified Procedures Article 20: Where the facts of the violation are clear and there is a legal basis for it, and an administrative penalty in the form of a fine of up to 50 yuan for individuals, or a fine of up to 1,000 yuan or a warning for production and business operations entities is applicable, work safety administrative law enforcement officers may impose such administrative penalties on the spot. Article 21: When administrative law enforcement officers for work safety impose administrative penalties on the spot, they shall fill out administrative penalty decision forms in a prescribed format and numbered, and deliver them to the parties involved at that time. After making an administrative penalty decision on the spot, the administrative law enforcement officers responsible for work safety shall report it promptly and file a record with the safety supervision and inspection department to which they are assigned within 5 days. In my opinion, due to the national conditions, I have never seen anyone being **penalized personally**. I’m not sure whether administrative departments can delegate punishment to enterprises; welcome discussions
The laws and regulations cited above clearly state that it refers to \"administrative law enforcement officers for work safety\"... It is these administrative law enforcement officers who can impose fines of up to 50 on individuals... It’s not companies; the subjects are different. Moreover, do these regulations not allow companies to impose penalties either? It only states that \"administrative law enforcement officers for work safety\" are allowed to impose penalties, but it wouldn’t be wrong either not to impose any penalties... Last edited by fallautumn on 2009-3-19 10:52]
In fact, there are. The purpose of punishment is not to punish, but rather to raise employees’ safety awareness
Whether it is legal for a company to punish its employees depends on the specific manner of such punishment. Administrative law enforcement agencies have the authority to impose penalties, and this does not conflict with companies punishing their employees
There should be the power to impose fines, but only provided that the company has corresponding regulations or relevant provisions in the labor contract. Otherwise, if the company does not have relevant regulations or no such provisions in the labor contract, its practice of imposing fines on employees may be illegal.
It is an internal assessment system for enterprises, not a legal or administrative penalty. **Departments can impose penalties on individuals who violate the Work Safety Law, and those individuals may appeal if they are dissatisfied with the penalty. Refer to the \"Measures for Administrative Penalties in Work Safety\"
Can it be understood in this way that the company’s fines consist of deducting from the wages and bonuses that should have been paid, as stipulated by explicit agreements, rather than being actual fines?
The company’s relevant rules and regulations should include a \"Employee Assessment Procedure\" (and of course, there are also regulations regarding safety). This procedure can specify what penalties should be imposed on those who violate the company’s safety rules and regulations.
The inspectors from the labor inspection team stated that enterprises do not have the power to impose penalties; this “power to impose penalties” refers to the authority for administrative penalties, and enterprises do not possess such authority. However, companies can have their own assessment and reward/punishment systems. Many companies use fines as a means to enforce such systems; this should be changed to using assessments, deductions, etc., as alternatives – fines are an authority reserved for ** or its authorized agencies. Strictly speaking, labor inspection teams are generally not administrative agencies but rather public institutions; their power to impose administrative penalties derives from the administrative authorization granted by the labor department. This post was last edited by wanmh on 2009-3-19 14:15.]
What happens to a company if it loses even the right to reward or punish its own employees? How then can businesses survive? Just as **without armed forces such as the army and police, it’s impossible to intervene forcefully against any improper behavior by citizens; management can only be achieved through persuasion – do you think we could survive in such a situation?** Let alone development
The company’s system of rewarding or punishing employees, imposing fines or giving rewards, is an internal administrative matter of the company – what does it have to do with labor supervision? It seems that that ombudsman is also an incompetent guy. However, since he has proposed it, within his jurisdiction it is still necessary to adjust the approach, improve the corporate system, and implement internal evaluations within the company; these evaluations are based on how well employees perform their tasks, and they take the form of either penalties or rewards.
It’s normal for companies to reward or punish employees. What does the inspector from the labor inspection team consider illegal? Do they want to be the ones to enforce the fines within the company as well? Don’t trust these people; many of them know nothing and often try to apply what they’ve learned on the spot in a half-baked manner.
This is a legal issue! If you have doubts, seek legal education first; it can be clearly stated that companies are not allowed to impose fines! Fines are a form of administrative penalty, and enterprises are not the administrative entities that impose them! For employees or contractors, measures such as performance evaluations, forced return due to breach of contract, or seizure of collateral due to violations can be used; these are all internal disciplinary actions taken by the company. Although their effects are similar to those of fines, their names must not be used interchangeably!
Thank you to all fellow sailors for your valuable suggestions. Our company has established detailed safety assessment rules and regulations regarding rewards and penalties for safety performance, organized training for employees, carried out regular safety education, and maintained records of such education. However, employees still engage in violations of rules and regulations. When our safety officers detect such violations, they must stop them, provide education, and impose penalties in accordance with the regulations. However, some employees were not satisfied and filed a complaint with the labor protection authorities, who then sent officers from the inspection team to investigate. The ombudsman said that the company does not have the authority to impose fines. The enthusiastic discussions among all of you sailors have given me great confidence and encouragement. I will continue to do my best in ensuring safety, thank you. This post was last edited by wfenger on 2009-3-19 16:18]