The company took a pay cut. If you don t change your contract, you can only work 8 hours to get your

Question 1: There is no reason for the company to unilaterally lay off employees during the contract period due to the contract, and it is necessary to give certain economic compensation to the employees; During the contract period, if the employee voluntarily resigns, he or she must apply in advance, otherwise the company will be compensated according to the contract for breach of contract. The expiration of the contract, that is:

If you want to continue to work, you must renew the contract or sign a separate labor contract, and no financial compensation will be generated for the employee.

But when the contract expires, the renewal means that the salary can be reduced without it; Only by signing a separate labor contract can the company make appropriate adjustments to the salary and benefits without violating the labor law.

Question 2: The concept of high temperature subsidy refers to the weather with a daily maximum temperature of more than 35 released to the public by the meteorological station under the municipal meteorological department through local television, radio, etc. The detailed temperature is subject to local conditions.

According to what you said, it should belong to the temperature of the working environment, and it should no longer be within the scope of high temperature subsidies, and it should belong to the provisions of the labor law.

The problem now is that if the company directly loses money and lets us go, we can accept it, but now he doesn't want to give money and wants us to leave automatically! Let those who have changed their contracts get 2-3 times more than us, the intention is obviously to reduce the salary, but the statement is better, saying that the working hours required by the customer cannot be too long, and those who have reduced their salaries can work for a long time. Or a well-known local American company!

Regarding the first point, if the company assesses that you are not qualified for the position, and you are still unqualified after changing positions with you (this is a word game that many companies like to play), you can be given a salary reduction without compensation according to the labor law.

Regarding the second point, according to the labor law, there is a high temperature subsidy.

Regarding the company's salary cut, the contract is very low, but if the actual salary is high, can it be reduced casually in the future?

Hello dear, glad to answer for you; Companies can. 1.The salary signed on the employment contract is usually the basic salary, that is, the basic salary without liability.

The labor law clearly stipulates that as long as it is not lower than the minimum local standard of living security, it is sufficient. 2.Since the basic salary is the minimum standard for compliance, therefore, the company's salary reduction is certainly not the basic salary; Rather, it is the reduction of the bonus coefficient and the standard of various subsidies for the Oak Brigade.

3.The company's justification for taking a pay cut is legitimate. Because the efficiency is not good, the company's income will naturally decrease, and at this time, the company will reduce the salary to a lenient salary.

Some companies will adopt a plan to reduce the subsidy standard, cancel the subsidy program, or reduce the bonus coefficient; Some companies have adopted a rotational vacation system due to a decrease in orders. But no matter which plan it is, there must be a process of holding a meeting to explain the situation, discussing the first draft silver bench, and finalizing the publicity. As long as you sign the discussion draft, it means that the company has reached an agreement with you.

Of course, there is no way to talk about breaking the law. 4.If you resolutely do not sign the discussion draft of the plan, although it shows that you do not agree, it will not affect the implementation of the plan at all.

1. You can terminate the contract and ask for economic compensation on the grounds of the company's salary reduction;

2. No need to pay wages is evidence; It is advisable to hire a lawyer to apply for labor arbitration.

Zongheng Legal Network-Guangdong Prometheus (Guangzhou) Law Firm-Yang Yanguo lawyer.

As long as it is not lower than the salary standard agreed in the contract, it is legal, and if there is evidence of overtime, you can apply for labor arbitration to demand the company to pay overtime pay.

It can be used as a legal basis, but the electronic data is less probative, and it is better to use bank cards and pay slips and the testimony of colleagues.

If the company gives an employee a salary increase in the form of wages, even if the two parties have not signed a written agreement, it can still be regarded as a change in labor remuneration. The email you said can be used as evidence, but the most effective thing is the pay slip and bank card details that the company actually issued to you.

For the company's salary reduction, you should negotiate with the employee, and if the salary is unilaterally forced, you can file a labor arbitration to claim the payment of unpaid wages.

If the company unilaterally reduces wages, it is a disguised wage deduction, and the employee may be forced to resign in accordance with Article 38 of the Labor Law and request the employer to pay severance payments.

The legal basis is the Labor Contract Law of the People's Republic of China

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

According to 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.

The amended labor contract shall be held by the employer and the employee. Personally, I feel that I agree to give you a promotion and a salary increase, and at the same time, there is also a salary slip to support it, and I have changed the terms of the contract with factual behavior. You can go to labor arbitration.

In practice, it's not easy to find a job now, and the pay is not bad. Don't use the law to defend your rights. Unless you don't want to do it in this unit anymore.

If it's not legal, you can go to the labor bureau to defend your rights. However, if they show evidence of their salary reduction and demotion, they can also receive a minimum of 3 months of unemployment benefits if they terminate their contract.

The company's approach is unreasonable, and the company should be required to sign a labor contract when you join the company, and it is sufficient to initiate labor arbitration in accordance with the Labor Contract Law.

If it is unreasonable, the renewal of the contract shall not be lower than the salary set in the previous contract.

As long as it is not lower than the minimum wage standard under the local labor law, it is reasonable.

Irrationality.

According to Article 51 of the Labor Contract Law, "when an employer formulates, amends or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. "It is illegal for the company to unilaterally reduce wages without discussion at the workers' meeting or all employees.

In that case, the employee may terminate the labor contract with the employer in accordance with Paragraph 3 of Article 32 of the Labor Law, which states that "the employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract". The company may also be required to pay corresponding compensation and compensation in accordance with the provisions of Articles 38, 46, 47, 85 and 87 of the Labor Contract Law (effective as of January 1, 2008).

So, if I don't sign the change agreement after the salary increase, can the reduction of the salary package just through the salary slip be an unauthorized salary reduction without my consent in the legal sense?

OK.. Is this in compliance with the law? If I tell the company that I don't agree to the salary reduction, will I be able to get compensation if I go to labor arbitration?

Labor mediation can be carried out first, and then it will be determined, and compensation can be obtained.

I keep an email from the HR department explaining my job promotion to other people in the company, and the new head of the company mentioning in the email that he agreed to give me a salary increase, can these be used as legal basis?

It can be used as a legal basis.

According to my personal judgment, these should be able to be used as evidence, and the written form is only one of the requirements for the establishment of a change in the content of the contract, and the establishment of a change in the content of the contract can also exist in many other forms.

Your situation should be a labor and employment contract dispute, the 9,500 yuan treatment should be regarded as the original contract, and the next 12,000 yuan is a change to the content of the contract with the consent of your leader and you, and your leader has the right to give you a wage increase, and he represents your company in the act of giving you a wage increase, so this act is legally valid. In other words, although the wage increase was not added to the original contract in writing, you have sufficient evidence to prove that the content of the employment contract between you and the company has been changed and that it was agreed between the two parties.

Then, when the company lowers your salary, it must seek your consent before both parties can change the content of the contract again, otherwise the company should continue to perform the contract, and any change without your consent is a breach of contract.

Of course, I didn't look up the specific legal provisions, but you can check the specific provisions in the Contract Law and other relevant laws. Actually, the legal relationship between you and you in this matter is not complicated, and I hope it can help you.

Hello, the company does not have the right to reduce salary, you can consider negotiating with the company's personnel department, if the negotiation fails, you can consider directly asking the labor bureau for a complaint form or directly initiating labor arbitration, in addition, the materials you need include: labor relations certificate (work card, salary card, card, labor contract, etc.), salary slip or salary card details and other materials that can prove that your salary is reduced.

This is a demotion without a salary reduction, and it is also a reduction in the working conditions agreed in the original labor contract, so if you are unwilling to renew the contract, the employer also needs to pay severance payments.

Labor Contract Law:

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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;

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.

It is possible to use the terms of the contract as lower than the previous one, not to renew the contract, the unit to pay compensation, and work for one month and one month's salary. But be careful. It's not easy to find a job, and you get a raise.

Of course I don't sign it, the salary is that everyone has risen, and you are not alone, how can the position get lower and lower!! Resolutely do not sign.

Violations of the law. Article 91 Where an employer infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administration department shall order the payment of wages and remuneration and economic compensation to the laborer, 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) After the termination of the labor contract, the person who fails to pay economic compensation to the laborer in accordance with the provisions of this Law.

This is a wage arrears of the unit, and the difference shall be paid in accordance with the law.

If you don't sign a new contract, you should be able to do it.

This is clearly illegal and does not need to be discussed. You can take the following steps to defend your rights:

1.Go to the labor inspection department to complain and ask the company to pay back wages;

2.If the labor inspection department does not care, or the enterprise refuses to pay the difference in wages, it can apply for labor arbitration;

3.If the above two steps do not solve the problem, the only way to file a lawsuit is to go to court.

Note:1To apply for labor arbitration, you do not need to hire a lawyer, you only need to provide the labor contract and payslips;

2.Even if you sue in court, the cost of litigation for this kind of labor dispute is very low, so there is no need to be afraid.