Does the security company have to press the ID card? Pay one month's salary

Refer to Article 84 of the Labor Contract Law. If the employing unit violates the provisions of this law and detains the employee's resident identity card and other documents, the labor administrative department shall order it to return the employee within a time limit and punish it in accordance with relevant laws and regulations.

If an employing unit, in violation of the provisions of this Law, collects property from laborers by way of guarantee or other names, the labor administrative department shall order it to be returned to the laborers within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person; If it causes damage to workers, it shall be liable for compensation.

If the employee dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.

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1. The legal liability of the employer for detaining the employee's ID card and other documents in violation of the provisions of the Labor Contract Law.

Resident identity card is an important identity document for every citizen. The purpose of issuing resident identity cards is to prove the identity of citizens living in People's Republic of China (PRC), protect their legitimate rights and interests and facilitate their social activities. In view of the fact that some employers illegally detain workers' identity cards when recruiting workers, Article 9 of the Labor Contract Law clearly stipulates: "When recruiting workers, employers shall not require workers to provide guarantees or collect property from them in other names, and shall not detain workers' resident identity cards or other certificates. "In violation of the provisions of this regulation, the employer detains the employee's ID card and other documents, and the labor administrative department shall order the employee to return it within a time limit; At the same time, such illegal acts should be punished in accordance with relevant laws and regulations. The "relevant laws" here mainly refer to the "Resident Identity Card Law".

In June 2003, the Resident Identity Card Law was promulgated, which stipulated the application, issuance, use and inspection of resident identity cards. Paragraph 3 of Article 15 of the Law clearly stipulates: "No organization or individual may seize a resident identity card. However, unless the public security organ implements the compulsory measures of residential surveillance in accordance with the Criminal Procedure Law of People's Republic of China (PRC). " According to this provision, no organization or individual may detain other people's resident identity cards, except that the public security organs, in accordance with the Criminal Procedure Law, take bail pending trial and residential surveillance on criminal suspects and defendants who may be sentenced to public surveillance, criminal detention or independent application, and may be sentenced to fixed-term imprisonment or above, without causing social danger.

Article 16 of the "Resident Identity Card Law" clearly stipulates the legal liability for illegal acts of illegally detaining other people's resident identity cards: "Anyone who commits one of the following acts shall be given a warning by the public security organ and fined up to 200 yuan. If there is illegal income, the illegal income shall be confiscated: (1) using false certification materials to defraud resident identity cards; (2) Renting, lending or transferring a resident identity card; (3) Illegally detaining another person's identity card. " According to this regulation, if an employer illegally detains an employee's identity card, the labor administrative department shall order it to be returned to the employee within a time limit, and the public security organ shall also give the employer an administrative penalty of warning, a fine of less than 200 yuan and confiscation of illegal income.

Here I mainly introduce two kinds of administrative penalties: confiscation of illegal income and fine.

"Confiscation of illegal income" and "fine" are theoretically called property punishment. The so-called property punishment refers to the administrative punishment that the property rights and interests of the punished parties are damaged, mainly depriving the parties of their property rights without affecting the personal freedom and other activities of the offenders. The main form of property punishment is to confiscate the illegally possessed property or make him pay a certain amount of money, that is, confiscate the illegal income, confiscate the illegal property and fine. Property punishment is mainly applicable to the following three situations:

(1) illegal acts of citizens with economic income or legal persons or organizations with fixed assets; (2) Illegal acts in profit-making business activities; (3) The harmful consequences caused by the actor's illegal acts can be compensated by depriving him of his property, and property punishment can be applied to such illegal acts. Property punishment must be applied in accordance with the law for the purpose of punishing illegal acts, and it cannot be abused and misused, otherwise it will inevitably produce various drawbacks.

Confiscation of illegal income refers to the punishment imposed by administrative organs on illegal parties to nationalize illegal income. The premise of this punishment is that the parties have obtained illegal income because of illegal acts, that is, only illegal income will be confiscated; If the parties have no illegal income, this punishment cannot be executed. Therefore, the law usually stipulates that "if there is illegal income, the illegal income will be confiscated", which is the reason. Compared with warnings and fines, confiscation of illegal income is a relatively heavy administrative punishment, so the Administrative Punishment Law has made strict restrictions on its establishment and implementation. According to the provisions of the Administrative Punishment Law, only laws, administrative regulations and local regulations can set administrative penalties for confiscation of illegal income, and neither the departmental regulations of the State Council nor the local government regulations can set administrative penalties for confiscation of illegal income. When an administrative organ decides to impose administrative punishment on confiscation of illegal income, it shall apply the general procedure, that is, when necessary, according to the provisions of laws and regulations, after investigation, collection of relevant evidence and inspection, it may make a punishment decision on confiscation of illegal income.

What needs to be pointed out here is that, except for the resident identity card, the employer may not illegally detain the employee's household registration book, passport and other important personal documents, so the expression of this article is "the employer has detained the employee's resident identity card and other documents in violation of the provisions of this law", and the "equivalent documents" here refer to passports, household registration books and other documents. With regard to passports, China promulgated the Passport Law in April 2006, which clearly stipulates that passports are documents for China citizens to prove their nationality and identity when entering or leaving the country and abroad. Except that the people's courts, people's procuratorates, public security organs, state security organs and administrative supervision organs may seize the passports of the parties to the case according to law, no organization or individual may illegally seize the passports. In addition, the employer shall not illegally detain the passports of foreigners working in China.

Two, the employer violates the provisions of the labor contract law, requires the laborer to provide a guarantee, and the legal responsibility of collecting property from the laborer.

In practice, some employers often require workers, especially those with non-local hukou, to provide property guarantee before they can be hired. The existence of this problem has seriously violated the legitimate rights and interests of workers, and it is also a discriminatory act against the employment of migrant workers. In order to punish this kind of illegal behavior and protect the legitimate rights and interests of workers, Article 9 of the Labor Contract Law clearly stipulates: "When employing workers, the employer shall not ask the workers to provide guarantees or collect property from them in other names, and shall not detain the workers' resident identity cards or other certificates. "Where an employing unit, in violation of these provisions, requires the laborer to provide a guarantee and collect property from the laborer, according to the provisions of the second paragraph of this article, the labor administrative department shall order it to return the illegally collected property to the laborer himself within a time limit, and impose a fine according to the standard of more than 500 yuan and less than 2,000 yuan per laborer; If damage is caused to the laborer, the employing unit shall be liable for compensation.

The administrative penalty and civil liability for compensation for fines are stipulated here.

(1) Administrative penalty for fines

Fines are economic penalties for parties who violate laws and regulations and fail to perform their legal obligations. It refers to the punishment method that the administrative organ forces the actor to bear a certain obligation of money payment. The difference between fine and confiscation of illegal income is that fine deprives the parties of their legal property; Confiscation of illegal income is the deprivation of the property illegally occupied by the parties. The difference between fine and penalty is that fine is an additional penalty in penalty, which is mainly applicable to criminals who seek illegal interests. As a form of administrative punishment, fine goes far beyond the scope of illegally seeking benefits, and is also applicable to many offenders who have no profit-making purpose.

As a kind of punishment, fine not only does not affect the personal freedom and legal activities of the person being punished, but also plays a role in punishing illegal acts, so it has become the most widely used administrative punishment. There are provisions on fine in many aspects such as public security management punishment, industrial and commercial administration punishment, environmental protection management punishment, property financial management punishment and so on. In order to better standardize the types of fines, and effectively stop arbitrary fines and excessive fines, the Administrative Punishment Law stipulates fines from the aspects of setting power, subject of punishment, decision-making procedures and execution procedures, especially the separation system of fines collection, that is, the administrative organ that makes the decision on fines should be separated from the institution that collects fines, and the administrative organ that makes the decision on administrative penalties and its law enforcement personnel shall not collect fines on their own except the fines collected on the spot. The parties concerned shall pay the fine at the designated bank within fifteen days from the date of receiving the decision on administrative punishment. The establishment of the separation system of penalty and payment has fundamentally put an end to the unhealthy trend of administrative organs to generate income by fines, ensured that fines can be turned over to the state treasury in time and in full, promoted the construction of a clean government in administrative organs, and protected the legitimate rights and interests of parties, which is an important measure in administrative punishment.

This article provides the standard for the labor administrative department to impose a fine on the employing unit, that is, each worker shall be fined from 500 yuan to 2,000 yuan. How many workers' rights and interests have been infringed by the illegal act of the employer asking for guarantees and collecting property from them, and the total amount of fines imposed on the employer shall be determined by multiplying the standards determined in this article by the number of victims. For example, an employer illegally requires 65,438+00 workers to provide property guarantees. In this regard, the labor administrative department not only ordered the employer to refund the safety fees charged to this 10 worker, but also multiplied the standard of a worker's 500 yuan to 2,000 yuan by 10 to determine the amount of fines imposed on the employer.

(2) Civil liability for compensation

If the employing unit violates the provisions of the Labor Contract Law, requiring the laborer to provide guarantee or collecting property from the laborer, thus causing damage to the laborer, the employing unit shall be liable for compensation. The principle of total compensation applies to the liability here. The so-called principle of full compensation means that the infringer must bear full compensation responsibility for the damage caused by his tort, that is, compensate the victim for all the actual losses. To apply the principle of total compensation, we should pay attention to the following three issues:

First, the sentencing standard in criminal law cannot be transferred to civil liability. In criminal law, the nature of criminal behavior, the degree of social harm, the form and degree of guilt and the personal situation of the offender are all important basis for sentencing. However, in civil law, the scope of damage compensation is determined entirely according to the size of the damage. The degree of fault of the illegal act, the personal situation of the illegal person, etc. , usually has no practical significance to determine the scope of tort liability. Therefore, if you think that you have intentionally caused damage, or have a bad understanding of the mistake, you should compensate all or more. On the contrary, you can pay less or not, which is wrong. In this way, it will inevitably lead to more compensation or less compensation. Excessive compensation will give the victim improper income; Less compensation will make the victim's loss not get the compensation he deserves.

Second, we can't just understand the actual loss as direct loss. Full compensation means to compensate the victim for all the actual losses. The actual loss mentioned in civil law includes direct loss and indirect loss. Therefore, when determining the scope of compensation, whether it is direct loss or indirect loss, especially indirect loss, it should not be ignored, otherwise the actual loss of the victim will not be fully compensated.

Third, when applying the principle of total compensation, we should proceed from reality, be fair and reasonable, and seek truth from facts. When determining the employer's liability for compensation, the labor arbitration institution and the people's court shall comprehensively consider the specific situation of the employer's illegal behavior, the number of victims involved in the infringement, the economic strength of the employer, the specific situation of the damage to the rights and interests of workers, and the social impact caused by the illegal behavior. And comprehensively consider these factors, and make a compensation award or judgment in accordance with the principles of fairness, reasonableness and seeking truth from facts.

3. The legal liability of the employer to detain the employee's files or other articles when the employee dissolves or terminates the labor contract according to law.

Paragraph 1 of Article 50 of the Labor Contract Law stipulates: "The employing unit shall issue a certificate of dissolution or termination of the labor contract when it is dissolved or terminated, and go through the formalities of transferring the relationship between files and social insurance for the workers within 30 days." It is the right of workers to dissolve and terminate the labor contract according to law. The employing unit shall respect this right of workers, handle the transfer procedures of files and social insurance for them according to law, and shall not make things difficult for workers or take revenge by seizing files or other items. For an employer who violates this provision, the third paragraph of this article clarifies its corresponding legal responsibilities: if the employee dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph, that is, the labor administrative department shall order the employer to return the illegally detained files or other articles to the employee within a time limit, and impose a fine according to the standard of more than 500 yuan but less than 2,000 yuan per employee; If damage is caused to the laborer, the employing unit shall be liable for compensation.