The company can reduce its salary, but this process must be carried out legally.
The employing unit shall pay the wages in accordance with the stipulations of the labor contract concluded with the laborer, and shall not reduce the wages without authorization. If it is really necessary to reduce wages because of poor benefits, it is necessary to negotiate with the workers and re-sign the labor contract after reaching an agreement.
In order, pay cuts usually start with executives. The heads of all units are responsible for the operation. If the enterprise can't make a profit, the head of the company must first reduce his salary, because senior managers are duty-bound to the quality of the company's operation.
In addition, the "Labor Contract Law" also clarifies four situations in which employers legally deduct wages:
First, employees failed to complete production tasks for personal subjective reasons, not because of physical problems. And the unit can deduct his salary. After deduction, the salary cannot be lower than the minimum wage standard of this Municipality;
Second, when an employee violates labor discipline and causes losses to the unit, the unit will deduct the salary accordingly, and the monthly deduction ratio must be lower than 20% of the employee's monthly salary;
Third, employees take personal leave, which is calculated by deducting one day's salary for one day of absenteeism;
Fourth, employees who take sick leave are paid according to their sick pay, and performance or productive rewards can be deducted.
Is it legal for the company to unilaterally reduce salary?
The amount of salary should be indicated in the contract. You have been used by the unit.
Is the company's salary reduction legal?
Lawyer Liu of Hebei Law Firm answered: to mobilize employees and reduce their wages is to change the original labor contract. Usually, employers should negotiate with employees to reach an agreement. Without the consent of the employee, the employer shall not unilaterally change the employee's post and salary in principle. If the employer wants to transfer and reduce salary, there must be enough evidence to prove that the employee is not qualified for the current position. Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases stipulates: "The employer shall bear the burden of proof for labor disputes arising from decisions made by the employer, such as dismissal, expulsion, dissolution of labor contracts, reduction of labor remuneration, and calculation of the working years of workers." The "incompetence" here includes lack of work ability and lack of serious work attitude. If the employer can't provide strong evidence to prove that the employee is incompetent, such as insufficient working ability and careless attitude, the employer should bear adverse legal consequences according to the civil evidence rules.
Is this ok?
Is it illegal for enterprises to reduce wages?
As long as the employer and the employee reach an agreement through consultation, it is not illegal. If you think health is unacceptable, you can terminate the labor contract and ask for economic compensation on the grounds that the enterprise unreasonably deducts wages.
The fifth chapter "People's Republic of China (PRC) labor law" wages.
Forty-sixth wage distribution should follow the principle of distribution according to work and implement equal pay for equal work. The wage level is gradually increased on the basis of economic development. The state exercises macro-control over the total wages.
Article 47 The employing unit shall independently determine the wage distribution mode and wage level of the unit according to the main points of production and operation and economic benefits of the unit.
Article 48 The State implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
The wages paid by the employer to the workers shall not be lower than the local minimum wage.
Forty-ninth to determine and adjust the minimum wage standard should comprehensively refer to the following factors:
(a) the minimum living expenses of the workers themselves and the average dependent population;
(2) the average social wage level;
(3) labor productivity;
(4) Employment status;
(5) The difference of economic development level among regions.
Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
Article 51 During legal holidays, wedding and funeral leave and participation in social activities according to law, the employing unit shall pay wages according to law.
Is it legal for the company to unilaterally announce salary reduction during the contract period?
If the contract is as you said and can prove the fact of "unilateral salary reduction" and there is no abnormal factor interference, arbitration should win!
Supplement: 1. Preparation materials 1, copy of ID card, 2. Copy of labor contract (or proof of labor relations such as payroll, work card, badge and witness testimony), 3. 4. In some areas, the labor dispute arbitration committee may require the respondent to provide a copy of the business license or the basic information of industrial and commercial registration. Documents on salary adjustment (if not, you can invite witnesses to testify in court or stay for another month.
2. Apply for arbitration in writing to the labor dispute arbitration committee where the unit is located;
Third, the compensation can be: 1, according to the contract, 2, according to the law (I can't give you a clear compensation item and amount without seeing your contract)
Is it legal for the company to unilaterally reduce its salary, but not lower than the contract salary?
This is a salary reduction caused by job hopping. Post change requires mutual consent. If the employing unit arbitrarily changes its post or reduces its salary without the consent of the employee, the employee may terminate the labor contract on this ground and demand economic compensation according to law.
Although it is not lower than the contract salary, your actual salary is already 5500, and the contract salary is no longer the embodiment of labor remuneration.
I suggest you consult a local lawyer to see if there are any relevant policies in the local area. And understand the attitude of the arbitration commission to such cases in local judicial practice.
At the same time, you need to prepare relevant evidence: the salary has actually reached 5500 (such as salary slip), and then the company has reduced the salary privately by only 4000; The post is actually a manager, and the company is privately adjusted to a director.
Is it legal for enterprises to apply for a total salary reduction when they encounter difficulties?
It is illegal to transfer work without reason, and labor arbitration shall be conducted according to law. That company is not illegal. If you want to stay in the company, you can only obey. On the contrary, you can terminate the contract. If you want to cancel the contract, you have to ask the company, otherwise there will be no living compensation.
Is it legal to demote employees and reduce their salaries? How can the company legally demote them and reduce their salary?
Legal.
It is legal to transfer personnel within the unit, and it is also legal to pay wages according to posts.
Is it legal for the company to downgrade and reduce salary without reason?
In violation of the law, the employer changes the employee's post or salary, which is a major change in the labor contract. It must be approved by the individual and cannot be
Is it legal for the company to demote employees without reason?
15 years to give you a job 1.8 million yuan is reasonable. The monthly salary signed in the labor contract cannot be changed, but the overtime performance award is a welfare treatment, and the unit has the right to adjust it! Under normal circumstances, you need to pay 15 months of basic salary before you can voluntarily dismiss your company!