Is it illegal for the company to force a pay cut? If we take the labor law, can we succeed in safeguarding rights?

Affected by the epidemic, the business of many companies has been affected, which can be said to be difficult. Therefore, in order to save expenses and reduce the cost of employing people, enterprises will propose to reduce employees' wages. So is this pay cut reasonable and legal? Do you need to accept the company's advice? Today, Xiao Ren will tell you about this problem as an experienced person.

First of all, it is illegal for companies to unilaterally reduce employees' wages. Because article 30 of China's labor law stipulates that the employer shall pay the workers' wages in full and on time in accordance with the labor contract and state regulations.

Therefore, if the company wants to reduce employees' wages, it needs to reach an agreement with employees through consultation. If the contents of the labor contract need to be changed after negotiation, and it needs to be informed in writing, the changed labor contract also needs to be given to employees.

What do you mean? That is, if your company wants to reduce salary, it must re-sign a written labor contract after reaching an agreement with employees, otherwise your company's unilateral salary reduction will violate the labor law.

Another is that the company has buried a hole in the contract signed before, that is, it has been stipulated in the contract that "the company has the right to adjust the post and salary of the employee at any time according to the performance of the employee, and the employee shall not refuse".

In fact, companies with such treaties in their contracts need to carry out PS-drop when signing employment contracts after interviews.

Let me talk about the case of salary reduction I encountered at the beginning: I was working in an advertising company in Hangzhou at that time, and the company's business was sluggish, so I needed to save money and lay off employees in disguise. I was given two choices. One is to cut my salary by half, and then increase it by 25% after the company successfully raises funds. The other is to transfer jobs without reducing salary and go offline to run business. You know, I operate online, and running offline is directly a career change.

Under the repeated recovery of personnel, I negotiated with the company and my salary was full this month. I will go out for an interview by myself from Friday and leave at the end of the month.

As for those employees who stayed later, they didn't wait for the chance to get a raise, and they also defaulted on their wages.

It can be successful for employees to defend their rights through labor arbitration. In fact, no matter the right of salary reduction stipulated in the labor contract or the reason of post adjustment, the company can't unilaterally reduce salary without the consent of employees. Otherwise, employees have the right to apply for labor arbitration for wages.

If it were not for the above two forms of salary reduction, it would be successful for employees to take labor arbitration to defend their rights.

In the future, if the company asks for a pay cut, employees don't have to agree. If the company enforces it, you can be forced to resign on the grounds that the company has deducted wages without reason, thus asking the company to pay economic compensation, and you can get N+ 1.

Anyway, remember that it is illegal for a company to force a salary reduction without the consent of its employees, and employees can certainly win the case.

But you need to pay attention to the following points:

Do not accept or sign for the salary reduction notice or agreement issued by the company; You can send a written email or OA to the HR or boss of the company to raise an objection; Negotiate with HR of the company. If negotiation fails, you can complain to the labor inspection department first; If the complaint cannot be resolved, you can apply for labor arbitration or bring a lawsuit to the local court. ? When the company decides to reduce salary, the decision is irreversible, so you need to make a judgment, how long you can persist if you don't leave, and what kind of company you need to find if you leave.