If the company clearly stipulates in the labor contract or other rules and regulations that the post and salary of employees are linked to the company's operating conditions and employee's performance appraisal, then when the company's operating conditions decline or the employee's performance appraisal fails to meet the standards, the company can adjust the post according to the provisions of the labor contract or other rules and regulations to reduce the wages of workers. If the company does not expressly stipulate that there is no reason to adjust posts and reduce employees' wages, then employees can apply to the Labor Arbitration Committee for arbitration and ask the company to pay their wages in full.
In case of any salary reduction, you can negotiate with the company first. If negotiation fails, you can apply to the Labor Arbitration Commission for arbitration, and ask the company to continue to perform according to the post and salary agreed in the original labor contract, or ask the company to terminate the labor contract and pay economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
Can employees with collective pay cuts claim compensation when they leave their jobs?
Under normal circumstances, if the enterprise takes reasonable measures to reduce employees' wages, for example, after you join the work, you find that your work performance is not good, then the enterprise will give you a salary that meets your current working ability based on this consideration, which is actually a salary reduction. If you don't accept this salary level and want to resign, then you won't get financial compensation, because the company itself has not made mistakes.
To give another real example, general enterprises will conduct job evaluation. After examination, it is found that employees do not meet the post requirements, and employees are transferred and their salaries are reduced according to the procedures stipulated by the company. If the employee does not accept the resignation, the enterprise may not make economic compensation.
However, this is not the case. Enterprises want to maliciously force you to resign by reducing your salary and let him leave you without any compensation, which is a complete violation of employees' labor rights. Then when you resign, you can ask the company for financial compensation. If the enterprise refuses to pay, employees can apply to the local labor arbitration institution for arbitration to safeguard their rights and interests.
Legal basis: Article 35 of People's Republic of China (PRC) Labor Contract Law.
The employer and the employee may change the contents of 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 80
If the rules and regulations of the employing unit directly related to the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give a warning; If it causes damage to workers, it shall be liable for compensation.