According to article 4 of People's Republic of China (PRC) labor contract law (revised 20 12)
The employing unit shall establish and improve the labor rules and regulations according to law, so as to ensure that workers enjoy labor rights and perform labor obligations. When the employing unit formulates, modifies or decides the rules, regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management,
It shall be discussed by the workers' congress or all the workers, and put forward plans and opinions, which shall be determined through equal consultation with the trade union or workers' representatives. In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation. The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
Article 35 Changes to a labor contract The employer and the employee may change the contents agreed in the labor contract through consultation. Changes to the labor contract shall be made in written form.
The revised text of the labor contract shall be held by the employer and the employee respectively.
Article 18 If the labor contract does not clearly stipulate labor remuneration and working conditions, and the labor contract does not clearly stipulate labor remuneration and working conditions and other standards, if there is a dispute, the employer and the employee may negotiate again; If negotiation fails, the provisions of the collective contract shall apply;
If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.
Extended data:
The company changed the commission ratio without authorization, and the employee's rights protection appeal was approved.
Sichuan Legal Network News (Li Shuihong) Recently, the People's Court of yantan district City, Zigong City successfully mediated a labor dispute case in which an employee sued the court for asking the company to pay his due income because the company arbitrarily reduced the percentage of commission, effectively safeguarding the legitimate rights and interests of workers.
Zhang 20 10 worked as a salesman in a company in Zigong in July, and both parties signed a labor contract. The labor contract only stipulates that the company shall pay Zhang's due salary in RMB on a monthly basis in accordance with state regulations. There is no specific wage calculation standard and amount. During the performance of the contract, the company will pay a salary according to the basic salary 1500 yuan+commission+reward.
The company issued and announced the annual sales target and task assessment plan, and stipulated the sales commission ratio in different regions. 20 15 Company reduced the commission ratio without consulting Zhang and other employees, and paid Zhang's salary according to the new commission ratio. Zhang failed to claim the difference in remuneration and left the company after submitting his resignation report.
After Zhang applied for arbitration, he asked the company to pay the economic compensation for the termination of the labor contract and the commission income that was not paid in full. Arbitration supported Zhang's request. The company refused to appeal to the court.
The yantan district Court of Zigong accepted the case. During the trial, there was a strong opposition between the two sides. The company believes that it can decide its own salary distribution and salary level according to the characteristics of production and operation, economic benefits and changes in the proportion of employees' commission.
It belongs to the company's independent allocation right in operation and management. There is no need to negotiate with employees. Employees can continue to work in the company if they are approved, but they can leave if they are not. Now that Zhang resigned and left the company, it is impossible for the company to pay economic compensation and differential compensation.
Zhang believes that the commission income is part of the salary, and the company arbitrarily reduces the commission ratio without consulting the employees, which infringes on Zhang's legitimate rights and interests. Zhang has the right to choose to terminate the labor contract and get economic compensation and difference compensation. After hearing the case, the court held that royalty income is an integral part of wages and an important part of labor contracts.
Enterprises have no right to unilaterally change at will. If it is really necessary to change, it shall consult with the workers and report the wage adjustment plan to the labor administrative department for the record. To this end, the judge patiently publicized the relevant legal knowledge to the person in charge of the company, making them realize the illegality of the company's behavior. After repeated mediation by the court, the two parties finally reached a mediation agreement, and the company made up the royalty income of * * * 6,543,800 yuan.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law (revised on 20 12)
Sichuan Legal Network-The company changed the commission ratio without authorization, and the employee's rights protection appeal was approved.
Baidu Encyclopedia-Labor Contract (Interpretation of People's Republic of China (PRC) Labor Contract Law)