| A Medical Company v. Jiang (Dispute over Recovery of Labor Remuneration) | | 某医疗公司与江某追索劳动报酬纠纷案 |
| ——Employee Deducted RMB 200,000 for Tardiness: Court Rules Wage Deductions Must Align with Fairness Principle and Correspond to Period of Absence | | ——员工因迟到被扣20万 法院：依公平原则 以应得报酬为标准 扣发相应缺勤期间工资 |
| It is a common sight that companies deduct wages as a disciplinary measure to punish and prevent employees from being late. However, an employee was deducted more than RMB 200,000 from his wages for being late multiple times within a year. | | 采用“扣工资”的方式惩罚和预防员工迟到，是公司管理的常见做法之一。不过员工在一年内因为多次迟到，竟被扣了20余万元工资， |
| Is this practice reasonable and legal? Where is the boundary between legal management and over punishment in terms of wage deduction? | | 公司这一做法是否合理合法？“扣工资”的管理界线到底在哪里？ |
| [Case Review] | | 【案情回放】 |
| In September 2019, Mr. Jiang worked in a medical company as a clerk and salesperson, earning a basic wage of RMB 24,000 and a merit pay of RMB 6,000 per month. | | 2019年9月，江某入职某医疗公司从事内勤兼销售工作。每月薪资由基本工资24000元、内勤绩效6000元组成。 |
| According to the Work Attendance Regulation of the company, each employee shall be subject to the attendance management, and whoever arrives late or leaves earlier for work a single time for more than 60 minutes, or leaves work without permission for more than 60 minutes shall be deemed to have one-day absenteeism. If the time he or she arrives late or leaves earlier for work every month accumulatively reaches above ten minutes but below 30 minutes, the employee shall be deducted by 1% of the salary for the given month; if he or she arrives late for work for more than 3 times, every one more late arrival shall be deemed to be one-day absenteeism; whoever has one-day absenteeism shall be deducted by 8% of the salary for the given month. | | 根据公司考勤制度规定，员工上下班应进行考勤管理，未经批准无故不上班，单次迟到、早退，或未经审批外出、离岗超过60分钟以上，视为旷工一天。每月累积迟到和早退时间大于10分钟小于30分钟的，扣当月工资的1%；每月迟到超过3次，从第4次开始每迟到1次视为旷工1天；员工每旷工1天，扣除当月工资的8%。 |
| From November 30, 2020 to November 30, 2021, the company actually deducted a total of RMB 209,400 from Mr. Jiang's wages according to the attendance system and his attendance records. | | 2020年11月30日至2021年11月30日期间，公司依据考勤制度及江某考勤记录，在江某工资中实际扣款总计209400元。 |
| Then Mr. Jiang applied for labor arbitration, claiming that the company's unreasonable deduction of his wages due to his multiple absences was not justified by law, so requested payment for the wage discrepancies during the litigation period. | | 江某遂申请劳动仲裁，主张公司以多次旷工为由扣除工资于法无据，要求支付讼争期间工资差额。 |
| The arbitration ordered the company to pay Mr. Jiang the wage discrepancies for the period from November 30, 2020 to November 30, 2021. | | 仲裁裁决公司支付江某2020年11月30日至2021年11月30日期间工资差额。 |
| Dissatisfied with the arbitration result, the company filed a lawsuit in the People's Court to request non-payment. | | 公司不服仲裁裁决，起诉至人民法院，要求不予支付。 |
| [Case Study] | | 【以案说法】 |
| After hearing the case, the Huangpu District People's Court in Shanghai (hereinafter referred to as “Huangpu District People's Court”) ruled that the company may penalize employees for being late and deduct wages in proportion to the period of absence. However, such management methods shall be implemented with good intentions and reasonableness. General companies are not entitled the right to impose fines. Therefore, deducting excessive wages for the purpose of punishment not only violates laws but also common sense. It is more fair and reasonable to deduct wages in proportion to the period of absence based on the employee's daily wage. | | 上海市黄浦区人民法院（以下简称“黄浦区人民法院”）经审理认为，用人单位可以通过规章制度，对劳动者迟到的行为进行处罚并扣除相应未提供劳动时间对应的部分工资。但是，用人单位行使管理权亦当合理且善意，普通用人单位不具有罚款权，如为了惩罚而扣除多倍的工资，既有悖法律规定，也不符合情理，按劳动者日工资扣发相应缺勤期间的工资较为公平合理。 |
| Both parties agreed that Mr. Jiang had been deducted RMB 209,400 during the litigation period. Based on his actual absence time, RMB 12,781.90 shall be deducted from his wages. Therefore, the court ruled that the company shall pay Mr. Jiang the wage discrepancies of RMB 196,618.10 for the period from November 30, 2020, to November 30, 2021. | | 现双方一致确认讼争期间江某被扣除工资209400元，结合江某的实际缺勤时间，经核算，江某因缺勤被扣除的工资应为12781.90元，故人民法院判决公司支付江某2020年11月30日至2021年11月30日期间工资差额196618.10元。 |
| Neither party appealed after the first-instance judgment. | | 一审判决后，双方当事人均未上诉。 |
| I. Does the company have the right to deduct its employees' wages? | | 一、用人单位是否有权扣罚劳动者工资 |
| The labor relations are characterized by clear personal attachment and subordination. During the performance of labor contracts, the company have the right to manage employees and punish them for violating labor discipline and company regulations, which, however, shall not violate national laws, administrative regulations, and other relevant provisions, and shall not infringe on the legitimate rights and interests of employees. | | 劳动关系具有鲜明的人身依附性与从属性。在劳动合同履行过程中，用人单位对劳动者具有管理的权利，对劳动者违反劳动纪律和规章制度的行为有权进行惩戒，但管理权的行使不得违反国家法律、行政法规等规定，不得损害劳动者合法权益。 |
| ．．．．．． | | ．．．．．． |
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