The legal analysis is as follows:
Article 51 of the Regulations on Labor Security Supervision in Guangdong Province, which came into effect on May 20 13, stipulates that if the employer's rules and regulations stipulate the content of fines, or if there is no legal or regulatory basis for wage deduction, the administrative department of human resources and social security shall order it to make corrections and give a warning. If the employer imposes a fine on the employee or there is no legal and regulatory basis to deduct the employee's salary, the administrative department of human resources and social security shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine shall be imposed according to the standard of more than 2,000 yuan and less than 5,000 yuan per person who has been fined or whose wages have been deducted.
Before the promulgation of the Regulations on Supervision of Labor Security in Guangdong Province, there were two main regulations that stipulated that Shenzhen enterprises had the right to impose fines: First, the Regulations on Payment of Wages for Employees in Shenzhen was revised and adopted at the 28th meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on May 2, 2009. Article 34 of the Regulations: The employing unit may deduct the following expenses from the wages of workers:
(1) The expenses for employees to compensate the economic losses of the employer for their own reasons.
(two) the economic punishment imposed by the employer on the employees according to the rules and regulations formulated according to law;
(3) Other expenses agreed by the employee. The employer's monthly wage balance after deducting the expenses mentioned in Items (1) and (2) of the preceding paragraph shall not be lower than the minimum wage standard. As the Regulations on Employees' Remuneration in Shenzhen is a local regulation, if it conflicts or is inconsistent with the Regulations on Labor Security Supervision in Guangdong Province (provincial local regulations), the relevant provisions in the Regulations on Labor Security Supervision in Guangdong Province should be applied first according to the principle that the superior law takes precedence in the Legislative Law. Therefore, the right of fine in this provision can no longer be applied.
Second, Article 16 of the Regulations of Shenzhen Special Economic Zone on Promoting the Harmony of Labor Relations: If the employing unit imposes economic sanctions on the workers according to the rules and regulations, the amount of single and cumulative sanctions in the current month shall not exceed 30% of the wages of the workers in the current month, and the same punishment shall not be repeated. The monthly salary after the implementation of the punishment shall not be lower than the minimum wage standard of the special zone announced by the municipal government. The economic punishment in these Provisions refers to employees who violate the relevant rules and regulations of the company, and the company can punish employees. Because the Regulations of Shenzhen Special Economic Zone on Promoting the Harmony of Labor Relations belongs to the regulations of the Special Zone, according to the provisions of the Guiding Opinions of Shenzhen Legislative Affairs Bureau on the Applicable Law of the Administrative Organs of our City, if the regulations of the Special Zone are inconsistent with the provisions of laws, administrative regulations, provincial regulations and departmental regulations on the same matter, the provisions of the laws and regulations of the Special Zone shall apply to the Special Zone. Therefore, in case of conflict or inconsistency between the Regulations of Shenzhen Special Economic Zone on Promoting Harmonious Labor Relations and the Regulations of Guangdong Province on Labor Security Supervision, the Regulations of Shenzhen Special Economic Zone on Promoting Harmonious Labor Relations shall prevail.
To sum up, although the Guangdong Provincial Labor Security Supervision Regulations stipulate that enterprises are not allowed to impose fines, in Shenzhen, enterprises can still impose fines on employees according to rules and regulations, but the relevant rules and regulations for imposing fines on employees should be formulated and publicized through democratic procedures, and the contents should be legal before they can be applied to employees.