Research For Penalty Power Of Employing Units

On the basis of the typical model of the Employee Disciplinary Regulations(hereafter referred to as a Regulation), our country established a disciplinary system for employees in the past planned economy system, enterprises had the right to reprimand those actions that against any laws or rules and regulations of employing units. According to different natures of means, the punishments were divided into disciplinary sanction and economic punishment, fine was regarded as an important measure for economic punishment. Regulation was the only administrative regulation that specializes in the provisions of labor disciplinary system, it also expressly stated in the rules that employers had the fine power, and made specific regulations for the reasons, measures and procedures of exercising the power. Enterprises in our country had used the Regulation as a standard to impose a fine or punishment on labors.The Regulation was abolished on Jan. 15 th, 2008, the explanations of abolition expressed in the instruction of State Council 516 th Document, which meant the Regulation was replaced by Labor Law and Labor Contract Law. However, not only the Labor Law, Labor Contract Law, but the latter judicial interpretation was stipulated precisely whether employers enjoyed the right of fine power. On one hand, the abolition raised a situation that the old law had been canceled, but with no new regulation. The different local regulations from place to place had caused a judicial confusion, even some enterprises were under the new labor law and environment and the human resource management, they still punished employees with the old penalty system, which caused labor disputes. On the other hand, the problem of whether employers had lost its legal and proper basis caused theoretical thinking about the existence of penalty right among those companies.The first chapter of the paper reviews the legislative evolution and situation.The second chapter of the paper collect and analysis different attitude on whether there should be discipline today. Chapter three concludes the nature of the power to penalty on the basis of the rules and regulations of the employing units and the characteristics of the labor relationship.In the last chapter,the author gives some advice on how to control and regulate the power to penalty of employing units.