Is it illegal for companies to reduce performance bonuses?
First, the company's sales are not good, and the company reduces the performance pay of employees, depending on the extent to which it can be judged.
Second, the company has the right to adjust the salary system according to the actual needs of operating conditions.
Third, the adjusted salary is legal as long as it is consistent with the labor contract and higher than the local minimum wage.
What if the company deducts performance pay?
Performance pay is a salary system based on effective assessment of employees' performance, which links wages with assessment results. Its theoretical basis is that "performance pay" enterprises use performance pay to regulate employees, thus stimulating employees' behavior, encouraging employees to pursue behaviors that meet the requirements of enterprises, stimulating the enthusiasm of each employee, and striving to achieve enterprise goals through adjusting the income of those with excellent performance and those with poor performance. If an enterprise has justified reasons and can provide relevant evidence, it can deduct performance pay. However, if enterprises deduct employees' performance pay for no reason, employees can defend their rights in a certain way. The specific method is as follows:
1, be reasonable
You should know that wages are stipulated by the laws of China: wages cannot be deducted or punished. Wages are generally divided into two parts, one is a fixed salary, which is paid according to the number of attendance days and cannot be deducted, even if there is a problem; The other part is the bonus part, which can be decided according to the individual's work performance. If both parties agree on a fixed salary, even if they do something wrong, they can't deduct the salary. There is no legal basis for those who resign early because of violation of discipline and do not deduct wages. When the contradiction only occurs between the company and you, and you think it can be solved through consultation, you should argue it out. And do the following:
(1) Clarify the basis of wage calculation and payment, so that the situation of wage deduction can be seen at a glance;
(2) ask the reason for withholding wages;
2. Complaints and reports
Employees can choose the following ways to complain about unreasonable deduction of performance pay by enterprises:
(1) Call the labor security hotline 12333 to complain. This telephone number is unified throughout the country. When making a complaint, you need to make a real-name complaint, and you should provide your ID number and name. You can call several times to complain;
(2) Go to the local labor station and the labor inspection brigade of the Human Resources and Social Security Bureau to complain.
These institutions are specialized in handling labor disputes, and they will investigate and deal with illegal acts of wage deduction.
3. Labor arbitration
If the company can explain that the salary is not deducted, but calculated according to law, and the salary is reduced only because of the attendance and bonus agreed by both parties, the relevant institutions will not handle it. In this case, if you think the company is really corrupt, you can file a labor arbitration.
Labor arbitration is very simple for workers to submit information, as follows:
(1) My ID card (original and copy)
(2) Basic information of the enterprise (printed by industrial and commercial registration)
(3) Labor contracts
(4) Fill in an application for labor arbitration, stating the reasons why you think performance pay has been deducted. You only need to explain this, you don't need to prove it. Whether to deduct performance pay requires proof from the unit.
Is it illegal for companies to reduce performance bonuses? If a worker encounters the situation that the company deducts or deducts wages at work, he should first ask a lawyer if he is not sure whether the company is illegal. For the specific explanation of the company's health performance bonus and the content of the performance bonus in the labor law, you can come to a lawyer and provide yourself with a favorable plan.