Employee Error Unit Punishment Must Be Legal.

Recently, a news on the Internet "kneeling staff on a flyover in a certain area of Xiamen" has attracted the attention of netizens, and has also aroused heated debate among the public about the punishment of employees in the unit.

Each unit will develop relevant systems to restrict employees so as to help employees work harder.

Since there are rules and regulations, there is a corresponding reward and punishment system.

In the work, if the employees do something wrong or violate the rules and regulations, do they have the right to punish them? Today's duty hotline Zhao Zhiguo, lawyer of Tianjin Sifang Jun Hui law firm, will analyze for you.

Once the case was not completed, the female employees were squatted.

Ms. Rui, 24, works in a construction company.

One day in May 2014, Ms. Rui was fined 50 squats for failing to complete the telephone sales task. At that time, Ms. Rui raised questions and refused that it was a unit change to corporal punishment. However, the unit said it was the unit's rule, failed to complete the task, the woman was sent to squatting, the man was sent to push up, and some men who failed to complete the task had to engrave the words "I was wrong" on the clothes.

But Ms. Rui could only finish her squatting task. After returning home, Mrs. Rui suffered from abdominal pain. She went to the hospital to find out that she had aborted. She did not know that she was pregnant.

Ms. Rui believed that the abortion was related to the previous crouching of corporal punishment, hoping the company was responsible, but was rejected by the company.

Case two: 50 yuan to prevent employees from laziness to toilets.

Ms. Su is a workshop worker in a company.

Because some employees in the company often delay production during the work while excuse the toilets, they were later known by the company leaders. Therefore, the company has made a clear provision for the employees who have similar behaviors. All employees are not allowed to go to the toilet during work. If there is any violation, they will be punished according to their own qualifications, and deduct the "cancellation fee" from the bonus at 50 yuan each time.

On one occasion, Miss Su was upset because she had eaten unclean food. She had to go to the toilet 4 times a day.

When Ms. Su receives

At that time, the company did not ask for a 200 yuan bonus from Ms. su. Even when Ms. Su repeatedly explained and issued the disease diagnosis book, she also ignored the rules and regulations.

Ms. Su had a dispute with the company.

Lawyer analysis

After the recruitment of employees, relevant business systems will be formulated.

It is reasonable for the code to regulate and punish employees' daily behavior, but punishment should be punished and corporal punishment should not be punished.

The corporal punishment of employees can be refused, which is clearly stipulated in the labor law of our country.

The managers have the power to violate the rules and command, coercion the risky operation, have the right to refuse to execute, and have the right to criticize, report and accuse acts of endangering the safety of life and health.

In case 1, Ms. Rui has the right to refuse to execute the order that company managers require to do squatting.

If damage caused by corporal punishment cannot be denied, employees shall have the right to demand compensation from employers.

The ninety-sixth provision of the labor law stipulates that if the employing unit insults, corporal punishment or assaults the laborers, the public security organ shall be liable to detention, fines or warnings for the responsible persons under fifteen days. If a crime is constituted, the responsible person shall be investigated for criminal responsibility according to law.

The eighty-eighth provision of the labor contract law stipulates that the employing units insult, corporal punishment and assaulting the laborers shall be given administrative penalties according to law. If a crime is constituted, the criminal responsibility shall be investigated according to law; if the worker causes damage, he shall be liable for compensation.

Therefore, the unit should bear some responsibility for Miss Rui's abortion.

The case two is related to the provisions on the unit's economic punishment to employees. The employer's rules and regulations based on the fourth provisions of the labor law, which are formulated through democratic procedures, do not violate national laws, administrative regulations and policy requirements, and have been publicized to the workers, can serve as the basis for the people's court to hear labor disputes cases.

That is to say, the employer must formulate and enforce the relevant rules and regulations, which must be based on legality, otherwise it will be invalid.

However, the company's deduction of the "cancellation fee" is contrary to the regulations.

The company does not allow employees to go to the toilet during work, and by deducting the "cancellation fee" as a compulsory means, it deprives employees of the necessary labor and health conditions and violates the basic rights of employees.

Even if a company needs to manage some lazy employees, other reasonable methods should be adopted, at least according to the fact, but not at the expense of the legitimate rights and interests of employees.

Therefore, it is illegal for the second unit to deduct Miss Su's bonus.