Excuse me, if the company forces you to leave on your own with a salary cut, is the labor law guaran

If an employer forces a worker to leave his or her job, it shall be liable for compensation in accordance with law.

Article 46 of the Labor Contract Law states that "under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations. ”

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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

The fourth month is no longer legally considered a probationary period, so you can't take a salary reduction casually.

But now the economic crisis, there is no choice.

You won't take the time to sue the company either.

The last thing is to keep your job first, and then look for opportunities to change jobs.

According to the Labor Contract Law, after the expiration of the contract, the employer has the right to re-formulate a new wage standard according to the labor market situation and the quality of the employee himself.

If the contract does not expire, the employer must follow the salary standard agreed in the contract, and if the contract does not mention a specific salary standard or the standard is vague, the employer may be in vain.

The current economic situation is not good, and the company's practices, although not authentic, are still legal, at least better than layoffs. Now even central enterprises are calling for "salary cuts, not layoffs", which shows that this move is tacitly approved by the state.

Now even if you leave your job, you can't find a good job, so it's better to advance and retreat with the company, and everyone will go to the winter together.

It is illegal to take a salary reduction at will, but if it is said that you need to reduce your salary during the probationary period, unfortunately, you have been recruited.

Financial compensation is available.

1. Does the enterprise violate the labor law by reducing wages?

1. The salary reduction of the enterprise violates the "Labor Law of the People's Republic of China". This is a change in the labor contract, which can be negotiated with the employer, and if the negotiation fails, the visa can be refused, or the application for labor arbitration can be resolved. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.

2. Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China.

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. The amended labor contract shall be held by the employer and the employee.

Article 18. If the labor contract is not clear about the standards such as labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

2. What procedures are required for enterprises to reduce wages?

The company's salary reduction procedure is as follows:

1. The human resources department should confirm in advance the content that needs to be negotiated and changed before the salary reduction and demotion, mainly including: formulating the content of salary changes and the way of change;

2. After determining the content of the change, send the intention to change the contract to the employee in writing, and explain the legal basis and objective facts of the change;

3. Reach an agreement with the employee, obtain the consent of the employee, and then the employee needs to confirm in writing, and fill in the change content on the change page of the original labor contract and sign it by both parties;

4. Give the changed labor contract to the employee, that is, one copy for each.

If there is something wrong in the middle, for example, some companies are arbitrarily adjusting positions and salaries and omitting the steps to reach an agreement with employees, then the employees whose rights and interests are damaged can actively apply for labor arbitration.

If the company's production is reduced due to the special original shock omen, it is necessary to negotiate with the labor union and then obtain the consent of the employee before reducing the salary, otherwise you can apply for arbitration.

What do you do first? When you go to the company to apply for a job, the salary has been set, and then there is also the amount of salary on the contract, and at this time he will give you a lower salary, which must be a violation of the contract law

Yes, it is okay to do this, the company's practices have infringed on the interests of individuals, and employees can take the other party to court, and Sakura can reduce their losses.

This kind of behavior is illegal, and rights can be defended through the labor law, and the wages paid do not match the wages in the labor contract, and the other party can be required to compensate for the loss.

It is indeed illegal for companies to force salary cuts, and they can follow the labor law to protect their rights, or they can file a lawsuit with the local court and submit materials that can be strongly supported.

Legal analysis: the unilateral wage reduction of the company is illegal, the employer must reach a consensus with the employee to change the content of the labor contract before it can be implemented, and the unilateral change of the employer is a violation of the provisions of the Labor Contract Law.

Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China 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.

The amended labor contract shall be held by the employer and the employee.

It is a violation of the labor law for the company to unilaterally arrange for employees to be transferred to different positions and reduce their salaries. Article 35 of the Labor Contract Law stipulates the modification of the labor contract: the employer and the employee may change the content of the labor contract if they reach an agreement through consultation.

Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee. The company's behavior of transferring employees and reducing salaries is a change in the content of the labor contract.

According to the law, the change must meet two requirements: 1The parties reach an agreement; 2.

in writing; Let's make a point: These two points are indispensable. If the employer notifies you of the transfer without consulting you, it has already violated the first point.

In addition, the fact that the labor contract was not re-signed is already a certainty that the company violated the labor contract law. To sum it up in one sentence: without the consent of the employee, the company shall not unilaterally change the position and salary and benefits of the employee specified in the contract.

Unilateral demotion and salary reduction without reason is a violation of the Labor Contract Law, and the purpose is generally to make the employee leave the job voluntarily, and the employee can apply for labor arbitration to protect his or her own interests.

The limitation period for applying for labor arbitration for demotion or salary reduction is one year, which is calculated from the date on which the party knows or should know that he or she has been demoted or reduced in salary. If the employment relationship is not terminated, the statute of limitations for arbitration is not limited by the one-year statute of limitations. If the employment relationship is terminated, it is calculated from the date of termination.

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. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Is it a violation of labor laws to cut wages during the pandemic?

Pandemic wage cuts are a violation of labor laws. Wage reduction is a change in the content of the labor contract, and the salary reduction can only be achieved by the agreement between the employer and the employee, otherwise it is a violation of the labor law. During the epidemic period, the company needs to negotiate with the employee to reduce the employee's salary, and the employee cannot be forced to reduce the employee's salary, otherwise the company does not provide labor conditions in accordance with the labor contract, and the employee can take the initiative to leave the job and ask the company to pay economic compensation.

Article 30 of the Labor Contract Law 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.

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. Wages shall not be deducted or unjustifiably delayed.

Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Modification of Labor Contract] 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.

The amended labor contract shall be held by the employer and the employee.