Enterprises rely on the examination results to be behind, give incompetent positions, reduce wages,

In this case, the person concerned may claim severance compensation.

Salary, deposit and severance must be paid in a lump sum upon separation. Employers are not allowed to make arbitrary deductions.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

In accordance with the Interim Provisions on Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

In accordance with the provisions of the Labor Contract Law of the People's Republic of China.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

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.

Introduction: It is certainly not legal for the company to require the employee to transfer to the star on the grounds that the employee is not competent for the job, and he must negotiate with the employee to change the labor contract. <>

1. It is illegal for the company to require employees to be transferred and reduced in salary on the grounds that they are not competent for their work

There are some companies that they ask employees to be demoted and reduced their salaries because they are not qualified for their current jobs, but some people are really unable to be qualified for this job, but some people are competent, but the company does not want to give so much money or wants to make room for other people, so the employees will basically not agree, I can say that the salary is reduced, but you need to come up with actual evidence, if you don't show actual evidence, then you are maliciously deducting my salary, I can use the law to protect my legitimate rights and interests. <>

2. Changes to the labor contract need to be negotiated with the employee

And we must see clearly when signing the contract, if your company does not pay you labor remuneration in accordance with the original labor contract, you can terminate and ask him to pay economic compensation, that is, a few more months of wages, of course, if you don't want to leave now, and the company says that you don't obey the arrangement and wants to terminate the labor contract for you, then they are suspected of violating the law, you can ask the company to pay you more compensation, you must know that all labor contract changes are related to the need to negotiate with the worker. <>

3. Summary

If you really don't have enough work ability, it is recommended that you spend more time to improve your ability, don't be afraid of your low salary at the beginning, you can further practice, further improve, no matter where you go, your experience is always the most important, of course, the company's malicious demotion and salary reduction is definitely unreasonable.

If the labor contract is to be changed, it must be agreed with the employee, if he really has no way to do it, he must come up with evidence, as long as he can come up with evidence, the other party should be able to agree.

Irrationality. If the content of the labor contract (e.g., workplace) is changed, it must be agreed upon by the employer and the employee, otherwise it cannot be unilaterally changed.

When the negotiation with you failed, your company dealt with you as a job transfer and salary reduction on the grounds that you were "incompetent for your own work", and in fact, it unilaterally adjusted the content of the labor contract - labor remuneration and job position without negotiation. You can disapprove of this and do not have to agree to the company's arrangement. In fact, if your company fails to pay you labor remuneration as agreed in the previous employment contract, you can notify the company to terminate the employment contract and claim economic compensation - equivalent to 7 months' salary.

If you do not obey the company's arrangement and do not want to leave the company, but your company continues to terminate the employment contract with you on the grounds that you "do not follow the arrangement", you are suspected of illegally terminating the employment contract, in which case you can ask the company to pay you twice the economic compensation - equivalent to 14 months' salary.

Legally, there is nothing wrong with such a statement, and if your ability is insufficient, you will naturally need to be transferred, which is a normal thing.

This behavior is illegal, violates labor laws, and does not have the consent of the employee, so the employee has the right to claim compensation.

Summary. Article 47 of the Labor Law stipulates that an employer may independently determine the wage distribution method and wage level of the unit in accordance with the law according to the characteristics of its production and operation and economic benefits. The enterprise needs to bear the burden of proof in this regard, and instead of verbally stating that the enterprise can reduce wages under these circumstances, it must provide proof that the production and operation status of the enterprise has changed from the circumstances at the time of signing the employment contract.

According to the provisions of the relevant laws, labor remuneration is a clause that should be present in the labor contract, so the salary reduction must first change the labor remuneration in the original labor contract. This requires the employer and the employee to reach an agreement and change the employment contract in writing. At the same time, employers should pay attention to the fact that even if the salary is reduced, the wages of the employees cannot be lower than the local minimum wage.

If the employer is unable to reach an agreement with the employee on a wage reduction after completing the statutory procedures, the employer may terminate the employment contract by notifying the employee in writing 30 days in advance or paying the employee an additional month's salary in accordance with the provisions of the Labor Contract Law. In this case, the employer is still required to pay economic compensation to the employee, and the compensation standard is the same as that of economic layoffs.

Is it legal for a company to ask an employee to be transferred to a lower salary on the grounds that he or she is not qualified for the job?

Article 47 of the Labor Law stipulates that an employer may independently determine the wage distribution method and wage level of the unit in accordance with the law according to the characteristics of its production and operation and economic benefits. The burden of proof is on the enterprise, rather than verbally stating that the enterprise can reduce wages under these circumstances, and must provide proof that the production and operation status of the enterprise has changed from the circumstances at the time of signing the labor contract. According to the provisions of the relevant laws, labor remuneration is a clause that should be present in the labor contract, so the salary reduction must first change the labor remuneration in the original labor contract.

This requires the employer and the employee to reach an agreement and change the employment contract in writing. At the same time, employers should pay attention to the fact that even if the salary is reduced, the wages of the employees cannot be lower than the local minimum wage. If the employer is unable to reach an agreement with the employee on a wage reduction after completing the statutory procedures, the employer may terminate the employment contract by notifying the employee in writing 30 days in advance or paying the employee an additional month's salary in accordance with the provisions of the Labor Contract Law.

In this case, the employer is still required to pay economic compensation to the employee, and the compensation standard is the same as that of economic layoffs.

Certainly not legal, the above-mentioned labor law.

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