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As long as your salary is reduced, it will be deemed that the company has deducted wages, then you can terminate the labor contract in accordance with Article 38 of the Labor Contract Law If the employer has one of the following circumstances, the employee can terminate the labor contract:
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.
In your case, the second point is to terminate the employment relationship and require the company to pay wages and economic compensation in full.
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How long you have been working in this unit, you can resign according to the normal procedures, but only one month in advance, and then the employer should give you economic compensation for the period of work, if not, you should file a complaint with the labor inspection brigade or apply for labor arbitration.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked 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.
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.
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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. "If the person does not agree, and the employee is forcibly transferred and his salary is reduced, it shall be based on the following circumstances." Article 38 The employee may terminate the labor contract under any of the following circumstances:
2) Failure to pay labor remuneration in full and in a timely manner" shall be dismissed and economic compensation shall be requested."
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The company's practice is illegal, and it is an attempt to fire you in disguise. You can go to the labor bureau to apply for labor arbitration to protect your legitimate rights and interests.
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Ask a lawyer what the legal conditions are required to claim financial damages. Then claim the claim from the company in the manner of the law.
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Legal Analysis: It is illegal for the company to unilaterally reduce salaries. If the employer and the employee reach an agreement through consultation, the employer may change the content of the labor contract.
Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.
Legal basis: Article 35 of the 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.
After the amendment, the employer and the employee shall each hold one copy of the labor contract.
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Legal analysis: The salary reduction is a change in the content of the labor contract, which requires the employer and the employee to reach an agreement through consultation, and can change the internal limb service agreed in the labor contract. Modification of the labor contract shall be in written form.
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 made in writing.
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A wage reduction is a change in the content of the labor contract, which requires the employer and the employee to reach an agreement through consultation, and the content of the labor contract can be changed in a hurry. Modification of the labor contract shall be in written form.
Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China stipulates that the employer and the employee may change the content of the labor contract if they reach a consensus through consultation. When changing the labor contract into a false banquet, it shall be written in the form of a reputation.
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Legal analysis: The salary reduction is a change in the content of the labor contract, which requires the employer and the employee to reach a consensus through consultation, and the content of the labor contract can be changed. Modification of the labor contract shall be in written form.
Legal basis: Labor Contract Law of the People's Republic of China Article 35 The employer and the employee may change the internal attendant cover and hold as agreed in the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
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If the company wants to reduce wages, it needs to reach an agreement with the employee before it is legal. Because the wage reduction is a change in the content of the labor contract, the employer and the employee can only change the content of the labor contract if they reach a consensus through consultation. It is generally not legal for a company to force a unilateral decision to reduce an employee's salary.
Article 35 of the Labor Contract Law stipulates that 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 the form of a book. The amended text of the labor contract shall be held by the employer and the labor contractor.
Introduction to the content of unilateral changes: 1. The employee is unilaterally adjusted by the employer because he or she is not qualified for the job. Article 40 of the Labor Contract Law stipulates that under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment. In other words, the employer can unilaterally adjust the employee's job position under the above conditions, and the salary will be adjusted accordingly after the job adjustment. 2. The employee is given a penalty of demotion and salary reduction by the employer due to violation of the rules and regulations of the employer.
This requires the employer to have clear rules and regulations, and clearly indicate the specific circumstances of demotion and salary reduction in violation of the regulations; The formulation of rules and regulations also needs to comply with legal procedures, such as through the democratic procedures of the workers' congress, etc., and the rules and regulations of the unit should be publicized to the workers to ensure that the workers know that the rules and regulations exist in the unit.
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