【Follow! Construction workers were fined 150,000 yuan for eating together? A group of construction workers from Henan Province had a group of construction workers eating together on a construction site in Nanjing, but were issued an administrative penalty of 150,000 yuan by the Municipal Supervision Bureau. The workers wondered, is it illegal to cook with a partner?
This incident has sparked many controversies and raised questions about the application and fairness of the relevant laws. This article will focus on this incident, review the case history and legal interpretation, explore whether the administrative punishment is reasonable, and put forward thoughts and suggestions on relevant laws.
In this case, we need to think about whether the law should be more flexible to adapt to the reality of society and the actual needs of the people, and how to provide better solutions for workers under the premise of ensuring food safety.
In this case, the construction workers' behavior of partnering to cook was found to be "operating an employee canteen without a license", and the Municipal Supervision Bureau issued an administrative penalty of 150,000 yuan. However, the workers insisted that it was only a personal partnership, not sold to the outside world, let alone turnover.
The incident has raised questions about the law, whether such a small scale of ganging should be punished so harshly. First of all, we need to clarify that whether employees eating together can be considered as operating a canteen?
According to the Measures for the Administration of Food Business Licensing, canteens must meet the characteristics of public and continuous, and there is no distinction between profit and non-profit. In this case, the workers' gang-up behavior was not open to the public, and the personal gang cooking was not for profit and was very small.
Therefore, we can question whether the SAR has been too strict in identifying it as an illegal act. On the other hand, we need to consider the importance of food safety. Food safety is related to everyone's health and basic life, so the regulatory authorities must carry out reasonable supervision and inspection of the catering industry.
However, in this case, the workers partnered to cook without posing a threat to food safety or negatively affecting the public interest. Therefore, we can ask the Municipal Supervision Bureau whether the fine of 150,000 yuan is too high, and is it necessary to impose such severe penalties for such small-scale gangsters?
In terms of legal interpretation, according to Article 122 of the Food Safety Law, the amount of the fine for engaging in food production and business activities without obtaining a food production and operation license depends on the size of the value of the goods, up to 20 times the value of the goods.
However, in this case, the amount of the penalty imposed by the SAMR was not reasonably calculated according to the size of the value of the goods, but directly issued a penalty of 150,000 yuan. Is this in line with the original intent of the law?
Perhaps what we need to reflect on is whether the law should be more flexible to adapt to the reality of society and the actual needs of the people, rather than simply characterizing and punishing acts according to the text. To sum up, this case of a construction worker being fined 150,000 yuan has aroused widespread controversy and thinking.
What we need to think about is how to provide better solutions for workers under the premise of ensuring food safety, and whether the law should be more flexible to adapt to social realities and people's actual needs.
For this case, we suggest that the relevant departments pay attention to reasonableness and fairness when enforcing the law, fully consider the actual circumstances and social impact of the behavior, and adopt a more flexible approach in punitive measures. Only in this way can a fair and just social environment be achieved and better legal protection be provided to the people.
Finally, we would like to ask the question, do you think the legal judgment is reasonable in this case of a construction worker being fined 150,000 yuan? What are your thoughts and suggestions? Welcome to leave a message to discuss!