Can the workshop change the employee s salary casually?

It is indeed illegal, but there is no law to follow in this kind of enterprise. Ordinary workers will always be treated unfairly, of course, in order to achieve their own management goals to adjust the wage plan, but this adjustment should not be casual, at least in accordance with the contract. This phenomenon is normal for small businesses in some places nowadays.

Sometimes the adjustment of wages will be mixed with many personal factors, and ordinary workers have no reason to talk about it at all. It's different in formal enterprises, at least better.

Your workshop director doesn't have that right. And it is illegal to have the right to do so. If the employee behaves well, an appropriate salary increase is okay. However, if you reduce your salary, it depends on the contract you have signed.

If your company has a performance appraisal system, if it fails to meet the appraisal requirements, it is normal to deduct wages according to the regulations. Otherwise, it is illegal to deduct wages. In addition, the power of wage adjustment should be in the personnel department, as the workshop director's power is only production management, not personnel salary management.

Joke! It's illegal! Didn't you sign an employment contract?

If you perform well, you can add work or bonuses, and your company has violated Chinese labor laws.

If there's anything you need, I can help you plan! It's mine.

What are the provisions of the signed labor contract and what kind of wage structure is implemented? If he guarantees that you get the minimum wage, and on this basis, the proportion of floating wages is larger, it is also reasonable, and it makes no sense to help others to evaluate your peripheral performance! This is just an adjustment of the company's salary structure.

It's not enough to break the law! Personal opinion!

Yes, it depends on whether your contract stipulates the legality of this right.

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.

Answer: In principle, the employer shall not deduct the employee's salary, unless the employee has caused actual economic losses to the employer, or in accordance with the provisions of the rules and regulations, the employer may impose a financial penalty on the employee, but not more than 20% of the monthly salary.

According to Articles 15 and 16 of the Interim Provisions on Payment of Wages and Article 3 of the Supplementary Provisions on Relevant Issues, an employer may legally deduct or deduct from an employee's salary, provided that the following conditions are met:

The first situation is "withholding wages", that is, the individual income tax that should be withheld and paid by the employer in accordance with the law, the various social insurance premiums that should be withheld and paid by the employee, the alimony, alimony and other statutory circumstances required to be withheld in the court judgment or ruling, the employer may withhold it.

In the second case, if the employee causes economic losses to the employer due to personal 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 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. The third circumstance is "wage reduction", and the statutory circumstances are:

5) Reduction of wages due to personal leave, etc. The customer's failure to pay the full amount is not a statutory circumstance for deducting the employee's wages, so this practice is illegal.

Yes, there are not so many rules for resignation now, and they are obviously hacking you by doing so. If they insist on stopping you, you can report to the relevant departments!

The company has the right to be transferred at the same level or promotion, employees can not be demoted and transferred without making mistakes, and the salary of the transferred personnel cannot be lower than the original position (the "Labor Contract Law" stipulates) The company shall not arbitrarily reduce the salary level of employees, and if there are major difficulties in operation, the labor union or the employee congress can only adjust the salary Rights Protection Department: Labor Inspection Brigade Labor Bureau.

The factory has the right to change the wage structure of the unit.

1. As an employer, the adjustment of the employee's position can be carried out when the employee's contract expires; If there is no due adjustment of the position, it is generally necessary to negotiate. If the adjustment is made without negotiation, then it may be that the employee is not suitable for the original position, or is more suitable for the new position.

Absolutely not, that little brute is so bad, come and endorse it.

According to the law, the behavior of arbitrarily lowering workers' wages if the company's performance 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.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

We are a cleaner, but we can deduct the cleaner's salary due to the poor efficiency of the unit.

Please ask additional questions to make it easier for everyone to understand and judge. Note whether it is piecework or timing, or a combination of calculations?

No, there is a minimum wage, and how you sign the labor contract.

If the efficiency is not good, the salary should be increased.

It generally depends on the specific situation. If the contract with the employer stipulates that the employer can adjust the position, the employer's practice is legal. However, if there is no agreement, the employer shall negotiate with the individual, and if there is a change in the treatment and the contract fixes the treatment, it can be regarded as a unilateral change in the content of the labor contract, and the employer may request to continue according to the original agreement, or the labor contract can be terminated with the employer, in which case the resignation shall be compensated or the employee shall apply for labor arbitration.

In the employee transfer management system:

In principle, the company does not communicate with the employees and agrees, and is not allowed to transfer employees at will, nor does it rule out that the employees will no longer adapt to the functional requirements of the position due to their work mistakes and lack of professionalism.

1. The procedures for employee transfer are as follows:

1. Employees negotiate with the transfer and transfer departments.

2. Transfer employees to the personnel group to receive the "Employee Transfer Application Form" and the "Employee Handover Procedures Registration Form".

3. Transfer the employee's original work department leader for approval.

4. Signed and approved by the leaders of the new work department.

5. Report to the personnel management department for review.

6. Approved by the general manager.

7. Handle the procedures for the transfer of employees and return the information to the personnel management department.

8. The personnel management department issues a "transfer letter" to the department where the employee is transferred.

2. Management of new capital changes after employee transfer.

1. Due to the needs of the company's work, the company transfers the employee's position in parallel (the rank does not change). The salary after the transfer shall refer to the salary level before the transfer, and shall not be lower than the salary level before the transfer in principle. The salary before the transfer includes basic salary, skill salary, performance salary, health care expenses, academic qualifications, and professional title subsidies.

It does not include overtime pay, duty pay, meal allowance, etc.

2. If the employee is transferred due to personal reasons, the salary after the transfer shall be determined with reference to the salary level before the transfer and the salary of the post after the transfer, but shall not be higher than the highest salary level of the same position after the transfer. The salary before the transfer includes basic salary, skill salary, performance salary, academic qualifications, and professional title subsidies. It does not include overtime pay, duty pay, meal allowance, health care fee, etc.

3. Those who are incompetent for the current job due to personal reasons and have a job transfer. The salary is determined with reference to the salary of similar positions after transfer.

4. The provisions of this article are mainly applicable to employees of the hierarchical wage system, and the piecework and commission system are converted to the hierarchical system.

5. The above provisions do not apply to the conversion of the graded wage system to the piecework and commission system. In accordance with the company's salary and assessment regulations.

References.

The transfer of employees is a normal thing for a well-developed company, is it because the employees do not want to transfer, the company will always stay on the old turf to do that little bit of poor business, there must be someone to go out. Mobility is the normal ecology of enterprises.

For a company that focuses on employee development and development, transfers are negotiable, and transfers are often based on recognition of employees' work abilities, which can be seen as a promotion opportunity. If you really don't want to go, you can communicate with your superiors, but if you refuse the company's wishes, it is equivalent to telling others that you have no training value, that your work is not in your priority, and that you will not be found in the future. Of course, women are more relaxed in this regard, the company may feel that your child is three or five years old, so you are reluctant to transfer, understandable, you can wait to find you later, and will not lower your evaluation too much, but the premise is that the company does not have a very eager, difficult to change the employment plan in the next two or three years, otherwise some unlucky ghosts may be used to kill chickens and wait, as a result of refusal to obey to demonstrate.

If it's just getting in the way of other people's affairs and being "politically handled", then it's better to look at the situation, if it's temporary, just bear with it, the villain may not be able to be proud for too long, if it's a long-term one, find another job. Don't think about lawsuits, because a person who has a legal dispute with the company on an external transfer will not only sit on a cold bench in the company, but also find it difficult to find the next job.

If you don't agree, make it clear. If the company respects the wishes of employees, it will definitely support your idea; If you forcibly send out, it means that the company is not very good. But first it must be clear:

The company has the right to send employees, and employees also have the right to complain, and everything can be resolved through communication.

He can't just do it casually, of course he has the right to do so, and he usually asks the employees for their opinions first. He can transfer you if you want to agree.

You can show relevant evidence to the company (the reason for not going), generally speaking, a company has the right to transfer employees, and the company's development and future are the primary position of employees. The development direction and future of a company are inseparable from employees. Think about Foxconn, there is another reason for a company transfer, unless you offend someone.

Moreover, if you go to sue it, it is also the relationship between the thighs and the arms, and there are many that do not explain.

I hope you enjoy your work!!

If there is definite evidence to prove it, it is recommended to apply for labor arbitration to claim economic compensation.

Lawyer Yang Yanguo.

Can you ask the HR department your questions? Say that you don't want to go to Guangzhou, what is the attitude of the personnel department? Maybe you don't need your friends to go, you don't mean anything here, does the HR department know???

Hello! I am a building site manager, and I have a small problem at work, and the company deducts 33 percent of my salary.

It depends on the agreement on the job position in your labor contract, if the job agreement is clear, the company has no right to unilaterally transfer the employee's position, the company should have a legitimate reason to transfer the employee's position, and the employee must reach an agreement through negotiation, otherwise the employee can not go to the new position, the employee can resign on the grounds that the company does not provide working conditions, and if he resigns, he has the right to ask the company to pay economic compensation and compensate you for one month for each year of work.

At the same time, if an employer adjusts an employee's job position and meets the following circumstances, it shall be deemed that the employer has lawfully exercised its right to employment, and the employee's request to terminate the labor contract and request the employer to pay economic compensation on the grounds that the employer has adjusted his or her job position without authorization shall not be supported

1) The adjustment of the worker's position is necessary for the production and operation of the employer;

2) The wage level of the worker after the adjustment of the job is basically the same as that of the original post;

3) is not insulting or punitive;

4) There are no other violations of laws and regulations.