What if the company's efficiency is not good?
I will do different things according to different situations.
The company's benefits have indeed deteriorated, and it is impossible to maintain the original agreed salary level of employees.
China's "Labor Contract Law" clearly stipulates that: workers and employers must clearly stipulate the remuneration of workers in the labor contract; At the same time, only when both parties reach an agreement through consultation can the relevant agreed contents in the labor contract be changed, and the relevant changes must be made in written form. Therefore, on the issue of salary reduction, we belong to the protected party and have the initiative.
In practice, I personally suggest:
1. If the salary reduction is a short-term behavior, and the salary reduction amount or compensation conditions are acceptable, I can agree, but it is necessary to clearly stipulate the salary reduction amount and the specific start and end time in writing, and at the same time clarify the relevant compensation matters.
In any case, enterprises and individuals are interdependent, so sharing some operational difficulties is also an exercise of professionalism and personal morality, which will also be helpful to the subsequent workplace (whether in the original unit or looking for another job).
If the amount or duration of salary reduction is unacceptable, I will explain my opinion frankly to my boss.
There are two reasons for expressing your personal views frankly:
First, understand the specific considerations of the boss's salary reduction. If he doesn't have any feasible plan on how to improve welfare and improve the company's situation in the future, but only takes action to deal with the current predicament, I will refuse his request for salary reduction and turn the negotiation direction to how to compensate and terminate the labor contract;
Second, see how the boss answers. If he can come up with a feasible and convincing plan, then I will selectively accept the salary reduction under the condition that my own interests and follow-up compensation are guaranteed. This is because sometimes eating a small loss is not necessarily stupid, but knowing what you will get after paying the price is the most important thing.
The salary reduction is just a measure for the boss to transfer the pressure in the face of short-term difficulties, and there is no commitment or plan to compensate me for the loss of salary reduction.
This situation is not uncommon. In the face of short-term depression, some enterprises will try their best to reduce losses, such as reducing salary, transferring posts, lowering performance or bonus standards and so on. For this kind of enterprises, the most serious damage is the general staff, with the largest number and the highest proportion, and there is no compensation after the improvement of benefits.
For this kind of enterprise to reduce salary, I will safeguard my own interests according to law.
1. Find out whether the boss's salary reduction is in line with the procedure.
There are only two ways for enterprises to legally reduce their salary: one is to negotiate with employees themselves and change the salary standard agreed in the original labor contract by signing an agreement, so as to legally adjust their salary; Second, through democratic procedures and collective consultation with trade unions and workers' representatives, a collective agreement was reached.
No matter how the two salary reduction negotiation methods change, the enterprise must effectively inform the employees in writing about the contents that involve its own interests, and it will take effect only after the employees sign and agree. Collective agreements also need to be publicized according to law. During the publicity period, I can clearly agree or disagree with the enterprise in writing. If the enterprise unilaterally enforces the law regardless of my opinion, it will violate the law and infringe on my legitimate rights and interests. I will complain to the labor inspection department or apply for labor arbitration in the name of an individual or a collective, and ask the enterprise to make compensation according to the labor contract.
In addition to the above two ways, it is also illegal for enterprises to reduce the labor remuneration of employees.
2. Understand the labor contract for the protection of employees' wages.
According to the relevant provisions of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and on time, the employee may terminate the labor contract and get compensation. The specific content of compensation is to pay 25% of the total wages deducted or owed as compensation in addition to the income due to employees. If the enterprise refuses to pay, employees can complain to the labor inspection department, which will deal with the employer within a time limit. If the enterprise fails to pay within the time limit, it may be ordered to pay more compensation to the workers according to the standard of more than 50% 100% of the payable amount.
In other words, the enterprise unilaterally reduces the salary without my written consent, and I can regard it as that the enterprise has not paid the labor remuneration as agreed in the labor contract. Therefore, I have the right to ask the enterprise to make corrections and pay me in full according to the contract. Otherwise, I can complain to the labor inspection department according to law and ask the enterprise to fulfill the labor contract and compensate me for my losses.
Summary: enterprises are facing difficulties, and it is understandable to reduce wages in the short term, but it must be carried out according to law to fully protect the rights and interests of workers; Workers should be rational about the salary reduction behavior of enterprises, and selectively accept the reasonable requirements of enterprises through consultation.
Finally, there are two key points to note:
1), and the salary reduction cannot be lower than the local minimum wage standard;
2) The salary reduction must be approved by my written signature.
Otherwise, it is an infringement on the rights and interests of workers, and you can complain to the local labor inspection department or apply for labor arbitration. In safeguarding the legitimate rights and interests of workers, as long as we pay attention to the proof, labor arbitration is not troublesome or difficult, because China attaches great importance to safeguarding the rights and interests of workers, which will be very prominent in practice.
Calm thinking