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Illegal. Article 35 of the Labor Contract Law The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
Article 6 of the Regulations for the Implementation of the Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee.
If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
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Your salary is agreed in the labor contract, and if you have to negotiate to change the labor contract, your consent must be obtained, otherwise the employer has no right to unilaterally change the labor contract, and the unilateral salary reduction is a breach of contract.
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Hello! It should not be illegal not to be less than the minimum wage.
It only represents a personal opinion, don't spray if you don't like it, thank you.
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As long as it does not violate the local minimum wage, it is legal. Beijing seems to be 840So a salary higher than 840 is legal.
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It should not be illegal not to be less than the minimum wage.
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The 3rd floor plus the 1st floor is more complete.
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Legal basis] Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. The shelter shall not deduct or macro the wages owed to the laborer without reason.
According to the law, the company's behavior of reducing workers' wages arbitrarily if the company's efficiency is not good is an act of deducting workers' wages and is an illegal act. Therefore, the company cannot arbitrarily reduce the wages of employees. Legal basis:
Labor Contract Law of the People's Republic of China Article 3 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
I don't agree to a salary cut, can I compensate if I leave my job? How to compensate for working for 3 years.
If the enterprise demotes the employee and lowers the salary for poor efficiency, the employee has the right to terminate the labor contract and require the company to pay the compensation for the economic compensation. However, the employee needs to pay attention to the collection of evidence, and the termination of the contract must meet the statutory procedural requirements, otherwise it may not be able to receive compensation.
If the company forces the employee to resign by means of an improper wage reduction, it may compensate the employee. According to the relevant regulations, if the company wants to get the severance compensation, it must determine the legality of the company's salary reduction, and only when the salary reduction is illegal, the employee can ask for economic compensation for the company's resignation due to the company's deduction of wages in accordance with the provisions of the Labor Contract Law. If the company wants to change the salary structure of its employees, it needs to perform the democratically formulated procedures in accordance with the provisions of the Labor Contract Law, and if the procedures are not performed, the wages will be reduced due to the change in the wage structure, and the company will be suspected of deducting wages.
The usual means of defending rights is to apply for labor arbitration. If it is delayed for a few months, it is easy for the arbitration commission court to find that the employee has accepted the fact of salary reduction.
If the company does not agree to the salary reduction, it shall give economic compensation. If the company asks for a wage reduction, the worker can refuse, and if the company wants to reduce the salary after the worker refuses, the worker can terminate the labor contract, and then require the company to pay the worker economic compensation, which is determined according to the number of years of service in the unit, and one month's salary will be paid for each full year, of which more than six months and less than one year will be calculated as one year, and if it is less than six months, it will be calculated as one year, and if it is less than six months, it will be paid half a month's salary to the worker.
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If the reason for the bad market is not established, the company deliberately cuts the salary, and you are also determined to leave your job and will not continue to work in the company, then you can reason with the company and use legal means to protect your rights and interests. According to the Labor Contract Law, this reason for the salary reduction is not legally valid, and the employee has every reason to protect his or her rights and interests. Once you go through the legal process, it means that your relationship with the company has broken down, and you need to think about your future plans.
When we encounter the situation of the company's salary cut, we need to face it calmly and make a proper and envious decision based on the actual situation of the company and our own actual situation. There's no point in complaining, being upset, or going against the company. Putting yourself in a good frame of mind, accepting the reality, and taking positive measures to deal with it is the solution.
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Legal Analysis]: 1. It is illegal for an employer to unilaterally reduce wages for employees.
In fact, the adjustment of the wage level must be based on consultation with the workers and the written consent of the workers, otherwise, unilaterally setting the wage level is a violation of the provisions of the Labor Law.
In order to settle the matter once and for all, the employer stipulates in the labor contract signed with the employee that "Party A has the right to adjust Party B's job position and labor remuneration at any time according to the actual needs of the company and Party B's work performance, and Party B shall not refuse", and arbitrarily reduce the employee's salary during the performance of the labor contract. Such conduct is also inherently undesirable. According to Article 17 of the Labor Contract Law, labor remuneration is a necessary clause of the labor contract.
Article 29 also stipulates that the employer shall fully perform its contractual obligations in accordance with the provisions of the labor contract. Unilateral adjustment of an employee's salary by an employer falls within the scope of modification of the labor contract. Article 35 stipulates that an employer must reach an agreement with the employee on a change of employment contract, and that the modification of an employment contract shall be in the form of a written situation.
Another situation in which an enterprise adjusts wages is that the enterprise generally adjusts wages according to the benefits of the situation, which should also be divided into two situations: one is to raise wages, which is a unilateral commitment of the enterprise to increase its obligations, and there will be no disputes under normal circumstances, and it should be legal; The other is to reduce wages, which is a unilateral offer by the company to reduce its obligations. If the enterprise does not carry out the negotiation procedure, does not issue a wage adjustment plan, does not notify the employees in the form of a notice, and does not file with the local labor and social security department, the wage adjustment has no legal effect.
Legal basis: Labor Contract Law of the People's Republic of China Article 35 The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
Regulations for the Implementation of the Labor Contract Law of the People's Republic of China Article 6 If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee;
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It is legal for an enterprise to negotiate with an employee to reach an agreement on a wage cut: it is illegal to reduce wages without reason, and the employee may file a complaint with the labor administrative department, which will order the payment of the employee's wages and economic compensation, and may also order the payment of compensation. The compensation shall be paid at twice the standard of economic compensation, and the economic compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's salary for each full year of the source of the enterprise.
The act of reducing wages without reason is a violation of the Labor Law and the Labor Contract Law. In the face of such a situation, the employee may terminate the labor contract in writing on the grounds of "failure to pay labor remuneration in full and in a timely manner", and request the labor unit to pay the corresponding economic compensation according to the number of years of service. If the employer refuses to pay, the employee can apply to the labor bureau for labor disturbance arbitration.
If the employer wants to adjust the job position and remuneration package, it needs to be determined after consultation with the employee, and the employee cannot adopt the method of deferring filial piety by arbitrarily reducing the salary and adjusting the position, otherwise the employee can completely disagree. If the employer wants to force the employee to resign through this method of salary reduction and job transfer, the employee may take the initiative to request the termination of the labor contract on the grounds that the employer has illegally adjusted the position and salary, and require the employer to bear the compensation for the illegal termination of the labor contract.
Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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