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Q: Company fines? Legal??
We have our company's monthly meeting coming up again this week.
Bear with me while I outline the situation please......
Note: no information is shared and no matters discussed nor are any decisions made; the "meeting" consists of a different department each month performing some lame dancing and some pathetic activities followed by awards (with cash) for the best worker in each department (foreign workers are not eligible for awards) - there is zero english content. Last month the receptionists performed the apple/pen song, ignorantly demonstrating that it is a thinly veiled metaphor for sex with their impression.
Approximately 20% of the staff who's shifts finish at 9pm end up doing a 12 hour shift and are not paid for coming in at 9am. Managers and admin who would usually do the evening shift somehow are switched to morning shift on this day.
The notification email sent to everyone saying attendance is mandatory details how fines of 20rmb for being late and half a day salary for not coming, will be imposed on staff. Of course there are the usual financial penalties for not punching in or out and other policies designed to nickel and dime the workers.
As I understand it, fining workers is illegal. I have a distant memory of reading it somewhere. If my memory is in fact accurate (?), would the publishing of said financial threats thus render all contracts in the company void?
Aside from the morality and the ubiquitous nature of fining workers in many companies, is it legal?
Your opinions/thoughts please....links with evidence are appreciated as always.
7 years 23 weeks ago in Visa & Legalities - China
No, you misunderstood! 
@NZ80.
I better improve my written Englo ....
SAFEA is for 'laowai-men', only! 
Expat-wifey likes them too, 'cause it cleans his skin-oo ....
On the seriousness of the all matter, I suggest this:
Yingke Law FirmTianjin, China english.yingke.comFull-Service International Law Firm in China
+86 150 2274 0328
Yingke is a full-service, international law firm, with its headquarters located in Beijing. Founded in 2001, Yingke Law Firm has already established a reputation in the Chinese legal services market. With more than 2000 lawyers, we are now one of the largest law firms in Asia and...
You might get real answer/advice from them.
See this one for more ... in China:
https://www.hg.org/law-firms/wrongful-termination/china/tianjin.html
I have different, also labor dispute with my employer ... I did call SAFEA, but they shunned me off with 'this is Contractual dispute' ..... can't tell you more, because School's rep. is reading the Board.
PM me for more ....
icnif77:
1. I don't lie anon! 
2. Whatever I post about Contract BS happened to me in real!
3. I found positive solution by calling SAFEA and ask for help and advice! At least 5 times and this time I got ''can't help you'', buTT... I didn't dig any deeper, yet!
4. How did you get an idea, I am their rep? I just want to show posters here, that there is another solution than taking-up-the-ass. Humble-me.
If it's written into your contract then there isn't much you can do. The way companies can legally do it without putting in the contract is to have a set of employee rules mentioned in the contract and state you have to abide by them. They can fine you out of any monthly bonus but they can't fine you out of your base salary.
But philbravery is right (weird!). I'd look for another job if my employer started pulling that bullshit on me.
I'm sure icnif will be along shortly to tell you to call SAFEA.
philbravery:
Weird!!!!???? Oh Buddy you have no idea Mmmaaaahhhhaaaawwwww
philbravery:
sorry but untill we can play sound bites you will have to imagine the evil laugh. really I can do it better in person
Hotwater:
NZteach is spot on. It is illeagal to take "fines" out of normal salary though deductions for late attendance based on pro-rata hourly rates are allowed.
Fining people for not attending out-of-hours meetings like Wolfie outlined are also illegal.
But most Chinese staff just roll-over and do nothing about it. So it never changes....
kasuka91:
@nzteacher80 Please provide a link supporting your assertion to reconfirm, if this is supposed to be the law then we need to see proof of the actual law itself, not just your word.
nzteacher80:
Article 276(1) of China’s Criminal Code provides that willful withholding of employee wages is a crime.
No, you misunderstood! @NZ80.
I better improve my written Englo ....
SAFEA is for 'laowai-men', only!
Expat-wifey likes them too, 'cause it cleans his skin-oo ....
On the seriousness of the all matter, I suggest this:
Yingke Law FirmTianjin, China english.yingke.comFull-Service International Law Firm in China
+86 150 2274 0328
Yingke is a full-service, international law firm, with its headquarters located in Beijing. Founded in 2001, Yingke Law Firm has already established a reputation in the Chinese legal services market. With more than 2000 lawyers, we are now one of the largest law firms in Asia and...
You might get real answer/advice from them.
See this one for more ... in China:
https://www.hg.org/law-firms/wrongful-termination/china/tianjin.html
I have different, also labor dispute with my employer ... I did call SAFEA, but they shunned me off with 'this is Contractual dispute' ..... can't tell you more, because School's rep. is reading the Board.
PM me for more ....
icnif77:
1. I don't lie anon!
2. Whatever I post about Contract BS happened to me in real!
3. I found positive solution by calling SAFEA and ask for help and advice! At least 5 times and this time I got ''can't help you'', buTT... I didn't dig any deeper, yet!
4. How did you get an idea, I am their rep? I just want to show posters here, that there is another solution than taking-up-the-ass. Humble-me.
