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When a company reduces the working hours of its employees, it also lowers wages. It's really not like you can just reduce your working hours if you meet any conditions. Of course, if the company is in a state of loss and cannot pay wages normally, it is possible and justified to reduce working hours.
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Unilateral reduction of wages, in fact, unilateral modification of labor contracts, is a serious violation of the law and breach of contract. According to the first paragraph of Article 17 of the Labor Law, the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
It can be seen that the company's unilateral reduction of the employee's wages violated the basic principles of changing the labor contract and the provisions in the labor contract without consultation between the two parties. Therefore, the employer cannot unilaterally reduce the employee's wages without reason.
What should the employer do if the employer transfers jobs and reduces wages?
If the company clearly stipulates in the "Labor Contract" or other rules and regulations that the employee's position and salary are related to the company's operating conditions and the employee's performance appraisal, then when the company's operating conditions decline or the employee's performance appraisal does not meet the standard, the company can implement corresponding job transfer and salary reduction for the employee according to the provisions of the "Labor Contract" or other rules and regulations. If the company does not expressly stipulate that there is no reason to transfer the employee to the employee, then the employee can apply to the labor arbitration commission for arbitration and require the company to pay the salary in full.
Article 17 A labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
There is no legal provision for unilateral settlement of wages by the company concerned, so this kind of behavior must violate the relevant laws and regulations, once it occurs at the first time to negotiate with the company, if it cannot be reasonably disposed of, the best way is to submit to labor arbitration, and in the end it is still impossible to solve, the best way is to seek help from the relevant departments.
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It is illegal for the company to arbitrarily reduce wages, and the reduction of wages by the employer shall clearly reduce the requirements and standards in the rules and regulations in accordance with the law, and shall make a public announcement in advance to inform the employees, and the reduced wages shall not be higher than 20% of the employee's monthly salary.
Interim Provisions on the Payment of Bad Foundation Funds".
Article 16. If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's own salary.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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