In the practice of enterprise management, fine is a common management method, especially for employees who are late and leave early. Many enterprises adopt the simple and rude practice of "one penalty to the end". The above-mentioned "donation" behavior is actually a disguised fine for employees, which is not essentially different from the fine. The company has the right to punish employees who violate discipline, but it is illegal to take the form of economic punishment such as so-called "donation", which violates the provisions of the labor law.

Where the law stipulates that the employing unit seriously violates laws and regulations, and seriously neglects its duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit, the employing unit has the right to terminate the labor contract.

Employees can complain to the labor inspection department and ask the state organs to stop the illegal acts of the company, or they can apply for labor arbitration and ask for a refund.

legal ground

Article 19 of the Labor Contract Law of People's Republic of China (PRC) (revised 20 12). If the probation period of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. The same employer and the same worker can only agree on a probation period. A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months. The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.