If the labor contract is not signed, the employee will be transferred to another position, and the s

If you want to be opened, as long as you have not terminated the employment and employment relationship, you must pay the salary, although you have not signed a contract, but there is a de facto job, you can have certain rules and regulations, such as prohibiting late arrivals and early departures, and deducting 20% of wages more than once in a month.

Your company has not paid insurance, and there is a legal risk.

Legal analysis: No, according to the provisions of the Labor Contract Law of the People's Republic of China, the employer can only change the content of the labor contract if it reaches an agreement with the employee; 2. If the employer directly demotes or reduces the salary without consultation with the parties, the parties may request to terminate the labor contract and receive the corresponding compensation for economic and economic benefits;

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract in advance 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 Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law; (5) 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, the labor contract with a fixed period of time is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

The post is the main content of the change of the labor contract, and the employer must first reach an agreement with the employee through consultation, and the unilateral adjustment of the post by the employer without the consent of the employee is invalid in principle; If the employer is transferred for production and operation needs, and the transfer is reasonable, does not have an insulting or punitive nature, does not reduce the salary and benefits, and is related to the position agreed in the labor contract, the transfer is valid; Workers should comply. If the employer is in arrears of labor remuneration, the employee may file a complaint with the labor administrative department, and if the employer still fails to pay the remuneration after being ordered to do so by the labor administrative department, the employer shall also pay additional compensation to the employee. Article 50 of the Labor Law of the People's Republic of China 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. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations. Article 15 of the Interim Provisions on Payment of Wages stipulates that an employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations. Article 16 If the employer suffers economic losses due to the worker's own reasons, the employer may require the worker 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.

Article 40 of the Labor Contract Law provides 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;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

If the company agrees to change the labor contract with the employee, if the negotiation is inconsistent, the employer shall not unilaterally change the labor contract, and the employer shall terminate the labor contract with the employee on this ground, which is an illegal termination of the labor contract, and if the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation to the employee.

Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee at the rate of one month's salary for each full year of service in the employer. 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 wage of a worker in the 12 months prior to the termination or termination of a labor contract.

If the employee has not signed a labor contract with the employer and is unilaterally reduced by the company, the employee may use this as a reason to terminate the labor contract with the employer and claim economic compensation from the employer. You can also go to the labor inspection department where the employer is located to file a complaint against the employer.

1. What should I do if my salary is reduced without signing a labor contract?

If the employer unilaterally lowers wages, the employee may be forced to resign on the grounds that the employer has deducted wages without reason, and demand that the employer pay severance payments. Employers may not unilaterally reduce employees' wages and remunerations. Wages are labor remuneration, and the wages and remuneration of the workers are necessary terms of the labor contract, which have been agreed upon by the employee and the employer in the labor contract, and the wage standards currently implemented that are not agreed in the labor contract shall be regarded as the wage standards agreed by both parties.

Therefore, whether the employer's right to reduce wages is stipulated in the employment contract or on the grounds of job transfer, the employee cannot unilaterally decide to reduce the salary without the employee's consent, otherwise the employee has the right to apply for labor arbitration to recover the deducted wages.

2. How to compensate the company for not signing a labor contract?

According to the law, if the two parties have not signed a written labor contract, the employer is required to pay severance to the employee in accordance with the law when terminating or dissolving the labor relationship. If severance is not paid in accordance with the law, additional severance payments are required. After the labor contract is signed, the employer and the employee do not need to pay any economic compensation if the labor contract expires.

Generally, 11 months' wages are calculated, followed by the loss caused by the unit's failure to pay insurance, and one month's salary can be used as economic compensation for the termination of the contract. If there is no labor contract, it may be found to be an indefinite term contract. The unit may pay the severance for the termination of the contract and terminate the contract.

That's not the crux of the matter.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage; If the employer fails to conclude an indefinite-term labor contract with the employee in violation of the regulations, it shall pay the employee double wages every month from the date of conclusion of the indefinite-term labor contract.

If the employee is not signed with a labor contract and his or her salary is reduced, he or she can report or complain to the local labor inspection brigade with jurisdiction, or he or she can file a labor arbitration to protect his or her rights. If an employee works for the employer but does not sign the labor contract within the specified time, he or she can claim double the salary from the employer from the second month, and the maximum required time is 11 months.

1. The two sides should coordinate the transfer of jobs; 2. If it is true that the labor contract cannot be performed due to the cancellation of the job, and the two parties cannot negotiate to other positions, the two parties may negotiate to terminate the labor contract, but the employer shall pay the worker economic compensation. 1. The two sides should coordinate the transfer of the work and the position; 2. If it is true that the labor contract cannot be performed due to the cancellation of the job, and the two parties cannot negotiate to other positions, the two parties may negotiate to terminate the labor contract, but the employer shall pay the worker economic compensation. First follow-up question:

Here's the question, okay hahahaha First reply: Yes, that's how I think about this question!

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes [Scope of Application] This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes over labor compensation, work-related injury medical expenses, economic compensation, or compensation; (6) Other labor disputes as provided for by laws and regulations.

1. Is it illegal for employees to transfer jobs and reduce salaries?

It is a violation of the labor law to transfer a job or reduce a salary without negotiation, because the change of the employment contract must be agreed upon by both parties. China's labor 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 written form.

Therefore, if the employer unilaterally transfers and reduces your salary, it is illegal and requires the written consent of both parties.

2. The legal nature of the post and salary adjustment is a change in the content of the labor contract.

1. According to Article 17 of the Labor Contract Law, the work content and labor remuneration are the necessary terms of the labor contract, and the transfer of posts and salaries shall be regarded as a change to the content of the labor contract. It can be seen that on the one hand, the adjustment of posts and salaries is the management behavior of the employer, and on the other hand, it is the change of the performance of the labor contract by the enterprise and the employee.

2. Statutory circumstances: According to Article 40 of the Labor Contract Law, "the employee is sick or injured not due to work, and cannot perform the original job or other work arranged by the employer after the expiration of the prescribed medical treatment period" and "the employee is incompetent for the job, and is still incompetent for the job after training or job adjustment". The employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary.

3. Variation by consensus: Except for statutory circumstances, according to Article 35 of the Labor Contract Law, the employer and the employee can only change the content of the labor contract if they reach a consensus through consultation.

4. Change in the event of a major change in the objective circumstances: In the event of a major change in the objective circumstances on which the labor contract is based makes it impossible to perform the labor contract, the employer may terminate the labor contract in accordance with the statutory circumstances if the employer and the employee fail to reach an agreement on changing the content of the labor contract after negotiation.

3. Procedural requirements for the legality of job and salary adjustments.

1. In the event of job adjustment and salary adjustment, the employee shall be issued with the results of the evaluation or assessment according to the above assessment system and procedures, and the employee shall sign for it. If an employee makes a mistake in his or her work, he or she is required to submit written materials such as explanations or reviews to the company.

2. The employer and the employee sign a consensus agreement on job transfer and salary adjustment.

3. If the employee refuses to sign or has objections to this, the situation should be recorded in writing by a specific department or specific person of the company in accordance with the company's internal regulations.