Can an employee s fixed salary be broken?

The holiday during the Olympic Games is not a national statutory holiday, and enterprises can take a holiday, but they should ensure the living guarantee during the period, and the same is guaranteed during the probation period.

When the employer terminates the labor contract with the employee, the calculation of severance or compensation shall be based on the basic salary + post salary + performance salary, that is, 4,300 yuan.

Labor Contract Law

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

The severance shall be calculated based on the average salary of the 12 months prior to the termination of the employment relationship, including the social insurance premiums, taxes and fees or trade union dues that the individual shall bear.

Compensation for the average salary of the previous year ......

In fact, there is, but the general unit will not give it to us.

The overtime pay stipulated in the labor contract is invalid, but the base amount of overtime wages may be stipulated. According to Article 41 of the Labor Law, an employer shall obtain the consent of the employee to extend working hours, and shall not exceed one hour per day, and if it is necessary to extend working hours due to special reasons, the extension of working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the employee is guaranteed. Therefore, there is a lot of uncertainty about the overtime hours, and the employer's agreement on the specific amount of overtime pay is invalid.

The employer may stipulate in the employment contract the base for calculating overtime wages, but it shall not violate the provisions of the law. According to Article 13 of the Interim Provisions on the Payment of Wages of the Ministry of Labor and the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages, the calculation base of overtime wages shall be the statutory working time wage standard corresponding to the position (position) of the employee himself.

What is the right of the enterprise to implement the wage system, the purpose is to encourage the enthusiasm of the employees, so that the interests of the employees can be fully reflected, and the interests of the enterprise can be maximized development, the change of wages, the contract should be changed in a timely manner, the employees have comments or objections to the wages, which can be solved through negotiation, if the negotiation fails, the contract can not be signed, and if it has been signed, it can also be proposed to terminate the contract, and there is no violation of the true intention, and there is no fraud, coercion and other behaviors, Because the contract is signed by each other.

The distribution of wages should be gradually increased, and if the enterprise does not have a perfect system, and only by virtue of the initiative to change the salary and benefits at will and renew the labor contract at a lower rate than the original labor contract standard, the employee has the right to refuse, and the enterprise shall pay economic compensation according to the number of years of service. Where economic compensation should be paid but is not paid, compensation may be ordered.

If you don't say anything in the contract, don't worry about it, find a mistake for him and fire him.

If there is, get him in trouble and make him make a mistake of breaking the contract and fire him.

In fact, the hourly wage system is also a fixed salary, but it is just a different unit. Just like how much salary per year is a fixed salary, how much salary per month is also a fixed salary, and how much salary per day is still a fixed salary.

The Labor Law does not stipulate fixed wages and performance-based wages, and the Labor Law stipulates that the distribution of wages in enterprises is based on work, equal pay for equal work, wages increase with economic efficiency and price level, minimum wage protection, and the adoption of the form of wage distribution within the enterprise belongs to the autonomy of the enterprise. However, the wage distribution system of enterprises is an important part of the rules and regulations, and according to the provisions of labor laws and regulations, the establishment of the wage distribution system of enterprises should be subject to democratic discussion by employees, with the participation of trade unions and employee representatives, and the content should be publicized and legal.

According to the performance appraisal of the company, excluding the impact of force majeure, if the employee fails to meet the standard for a certain number of times, it is a situation of incompetence, and the company shall train or adjust the position according to Article 40 (2) of the Labor Contract Law. If the employee is still unable to perform the job after training or job adjustment, the company may terminate the labor contract with 30 days' written notice or pay an additional month's salary, but the employee shall be paid one month's severance per year according to the employee's years of service in the employer.

There are no specific rules in the Labor Act.

However, most companies will now enlarge the proportion of performance salary, and the basic salary will generally be the minimum standard of local wages, so that most of your salary is performance appraisal savings, although it is said that the work performance of employees has been improved to a large extent, but we are also migrant workers, and we are definitely not cost-effective, and the pressure is great!

Performance-based pay itself is not illegal, as long as the company has formed clear regulations and standards, and the standards are in line with the average social labor level. For example, if you can easily complete 80 products in 8 hours, then the company sets the standard at 100 is normal, and 150 is not normal.

It is understandable for the company to strengthen performance evaluation. du

If the employee is incompetent for the job, the employee can terminate the labor contract if he or she is still incompetent after training or job adjustment, but the corresponding economic compensation shall be given in accordance with the Labor Contract Law. Failure to pay financial compensation is an offence. Whether the performance standards are standardized or not, it is difficult to say if you don't see it, but it is scientific and reasonable that most employees can complete or exceed the fulfillment.

(⊙o⊙)…Easy to copy.

Performance pay is different according to the position, and the proportion of the performance part of the salary structure is also different. If it is a senior management position, the performance salary is more than 50% of the total salary; If it is a middle-level management position, the performance salary accounts for about 30% and 40% of the total salary; If it is a basic position, the performance salary accounts for about 20% of the total salary. However, this should also be determined according to the nature of each position, and the proportion of performance salary for sales-type positions and piece-rate positions is different.

The second question is whether it is possible to dismiss an employee in a way that the performance criteria are unreasonable. However, there must be very objective performance evaluation standards, which are signed and confirmed by both parties.

The third problem is that the dismissed employee is not supplemented, which depends on the stage the employee is in and what nature of the dismissal reason.

It is strongly recommended that enterprises arbitrarily divide the proportion of performance wages to total wages, and encroach on the bad behavior of labor achievements of workers in the name of performance wages!

1. Illegal.

2. According to the labor law, as long as the employee provides normal labor during the statutory working hours, the employer shall pay the employee according to the wage standard agreed in the labor contract. If you cause economic losses to the enterprise due to your reasons (note: there must be evidence for economic losses, only work mistakes that do not cause losses are not counted), you should compensate, but the amount of compensation deducted each month shall not exceed 20% of your salary income and the remaining income shall not be lower than the local monthly minimum wage.

3. The above is for your reference.

Basis: Article 16 of the Interim Provisions on Payment of Wages provides that if an employee causes economic losses to the employer due to his or her 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 salary.

However, the monthly deduction shall not exceed 20% of the employee's monthly salary. 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.

It depends on the situation. Employee management should be carried out in accordance with legal corporate rules and regulations. If there is no basis, it is illegal to arbitrarily deduct wages, and you can complain to the Labor Bureau.

No, there are limitations!

The company must give a clear reason for deducting your salary, either as stipulated in the contract, or after oral negotiation between the two parties, otherwise it is a violation!

Find out what the salary we care about the most is going on:

Wage is a type of wages, that is, the salary of the employee, which is the salary received by the employee in a fixed working relationship, and is the remuneration paid by the employer or the statutory employer to the employee in the form of money in accordance with the law, or the industry regulations, or according to the agreement with the employee. It is one of the main forms of remuneration for labor services.

Wages can be calculated in different forms such as hourly salary, monthly salary, annual salary, etc. In China, the following expenses borne by the employer or paid to the employee are not considered wages:

1) Social insurance premiums;

2) Labor protection fees;

3) welfare expenses;

4) One-time compensation paid upon termination of labor relationship;

5) family planning expenses;

6) Other expenses that are not part of the salary. In political economy, wages are essentially the value or ** of labor, and wages are an important part of the cost of production. The minimum amount of wages is called the minimum wage, and there are various divisions of wages, such as pre-tax wages, after-tax wages, and incentive wages.

The company cannot arbitrarily deduct employees' wages, and the specific regulations are as follows:

1. The basic salary cannot be changed at will.

The reduction of the basic salary is a change in the employment contract, and the two parties need to discuss and agree, and the employer cannot unilaterally arbitrarily change it.

Second, overtime pay cannot be reduced at will.

For employees, the amount of overtime pay is related to the salary base. Employers cannot arbitrarily determine the overtime compensation base.

1. If the labor contract has made a clear agreement on the overtime remuneration base, the overtime remuneration shall be calculated according to the agreement between the two sides.

2. If the labor contract clearly stipulates the amount of remuneration, but does not agree on the overtime remuneration base, the remuneration agreed in the labor contract shall be used as the overtime remuneration base. If the remuneration items in the employment contract are divided into "basic salary", "post salary", "post salary", etc., the sum of each remuneration item shall be used as the base for calculating and paying overtime pay, and no one of them shall be used as the basis for accounting.

3. If the labor contract is not clear about the labor remuneration, or the agreement is not clear, resulting in labor disputes, according to the rules of Article 18 of the Labor Contract Law, the best solution is to negotiate with the employer from scratch; If the negotiation fails, the employer and the employee representative may negotiate with the employee to determine the result, and the negotiation result shall be signed with a group contract or salary negotiation agreement.

4. If the group contract (salary negotiation agreement) and the labor contract do not stipulate the amount of salary and the base of overtime pay, the actual salary income of the employee shall be used as the base of overtime pay.

3. The employer shall not reduce the salary of the employee without authorization due to the adjustment of the position.

Under normal circumstances, the company has the right to decide to adjust the employee's job position according to the needs of production and operation, but provided that the job position and salary amount are not written into the employment contract.

Once the employer and the employee have signed a labor contract and the salary is specified, the employer has no right to reduce the employee's salary without authorization.

Generally speaking, the employee's remuneration is stipulated in the contract, and if the employee's remuneration is changed, especially the reduction of the remuneration, the employee's consent should be obtained, otherwise, the employer shall bear the corresponding civil liability.

In addition, the employer must agree with the employee if it wants to adjust the employee's job position.

It is illegal for an employer to arbitrarily deduct his wages, and the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

If the company stipulates that it is a violation of the company's rules and regulations to not wear a badge during working hours, browse irrelevant web pages, fail to turn off computers and monitors, fail to turn off lights, air conditioners and water dispenser power, watch movies, and play games, this can be punished. However, the penalty cannot be arbitrary and cannot exceed 20% of the salary per month.

Otherwise, it's wrong.